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AMNESTY INTERNATIONAL REPORT 1988

This report covers the period January to December 1987 Amnesty International is a worldwide movement independent of any government, political persuasion or religious creed. It plays a specific role in the international protection of human rights:

- it seeks the release of prisoners ofconscience. These are people detained fo r their beliefs, colour, sex, ethnic origin, language or religion who have not used or advocated violence; - it works forfa irand prompt trials for all political prisoners; - it opposes the death penalty and torture or other cruel, inhuman or degrading treatment or punishment of all prisoners without reservation.

Amnesty International is impartial. It does not support or oppose any government or political system, nor does it support or oppose the views of the prisoners whose rights it seeks to protect. It is concerned solely with the protection ofthe human rights involved in each case, regardless ofthe ideology ofthe government or the beliefs ofthe victim.

Amnesty International, as a matter of principle, condemns the torture and execution of prisoners by anyone, including opposition groups. Governments have the responsibility fo r dealing with such abuses, acting in conformity with international standards for the protection of human rights.

Amnesty International does not grade governments according to their record on human rights: instead of attempting comparisons, it concentrates on trying to end the specific violations of human rights in each case.

Amnesty International acts on the basis of the United Nations Universal Declaration of Human Rights and other international instruments. Through practical work fo r prisoners within its mandate, Amnesty International participates in the wider promotion and protection of human rights in the civil, political, economic, social and cultural spheres . ... Amnesty International has more than 700,000 members, subscribers and supporters in over 150 countries and territories, with over 3,800 local groups in more than 60 countries in Africa, the Americas, Asia, Europe and the Middle East. Each group works on behalf of prisoners of conscience in countries other than its own. These countries are balanced geographically and politically to ensure impartiality. Information about prisoners and human rights violations emanates from Amnesty International's Research Department in London. No section, group or member is expected to provide information on their own country, and no section, group or member has any responsibility for action taken or statements issued by the international organization concerning their own country.

Amnesty International has formal relations with the United Nations (ECOSOC). UNESCO, the Council of Europe, the Organization of American States and the Organization of African Unity.

Amnesty International is financed by subscri ptions and donations fro m its worldwide membership. To safeguard the independence ofthe organization, all contributions are strictly controlled by guidelines laid down by the International Council and income and expenditure are made public in an annual financial report. .. .. � .... 0< o ... '" 0< ...l C Z o

�Z 0< '" � >­ .... Cl> '" z :E c AMNESTY INTERNATIONAL REPORT

1988

Amnesty International Publications 1 Easton Street London WCIX 8DJ

.. ID 00 00 First published 1988 by Amnesty International Publications 1 Easton Street. London WC1X801. United Kingdom

© Copyright Amnesty International Publications 1988

ISBN 0 86210 143 3 AI Index: POL 10/01/88 Original Language: English

Printed and typeset in Great Britain by Redesign. 9 London Lane. London E8 Designed by Richard Hollis

All rights reserved. No part of this publication may be reproduced. stored in a retrieval system. or transmitted. in any form or by any means. electronic. mechanical. photocopying. recordingandlor otherwise. without the prior permission of the publishers.

This report documents Amnesty and territories cited in the text and for that International's work and its concerns purpose only. It is not possible on the throughout the world during 1987. The small scale used to show precise political absence of an entry in this report on a boundaries. nor should the maps be taken particular country does not imply that no as indicating any view on the status of human rights violations of concern to disputed territory. Amnesty International Amnesty International have taken place takes no position on territorial questions. there during the year. Nor is the length of a Disputed boundaries and cease-fire lines country entry any basis for a comparison of are shown. where possible. by broken the extent and depth of Amnesty lines. Areas whose disputed status is a International's concerns in a country. matter of unresolved concern before the Regional maps have been included in this relevant bodies ofthe United Nations have report to indicate the location of countries been indicated by striping. Amnesty International Report 1988 ERRATA

A/riCd Page 22 (Angola), line 47 and penultimate line of entry, Felix Mateus Murgar should read: Felix Mateus Mungue.

Page 85 (Zaire), second column, lines 37-38, should read: years' im­ prisonment, one received a IO-year prison term and two received two­ year prison terms.

Europe Page 198 (Finland), line 21, name should read Hovivuori, line 29, name should read Louhivuori.

Page 277: Appendix V: Selected International Human Rights Treaties The of America has signed both the ICCPR and the ICESCR, but not the Optional Protocol to ICCPR. CO NTENTS

Introduction /1 Amnesty International: A Worldwide Campaign /6 Work with International Organizations / 14

AF RICA

Angola (The People's Republic of) /21 (The People's Republic of) /23 Burkina Faso / 24 Burundi (The Republic of) /26 (The Republic of) /27 (The Republic of) /29 Central African Republic (The) /29 (The Republic of) / 31 Comoros (The Islamic Federal Republic of the) /33 Congo (The People's Republic of the) /34 COte d'Ivoire / 35 Djibouti (The Republic of) / 36 Equatorial Guinea (The Republic of) /37 Ethiopia (The People's Democratic Republic of) /38 Gabon (The Gabonese Republic) /41 Gambia (The Republic ofthe) /41 (The Republic of) /42 Guinea (The Republic of) /43 Guinea- (The Republic of) / 45 Kenya (The Republic of) / 46 (The Kingdom of) / 49 Liberia (The Republic of) / 50 (The Democratic Republic of) /51 (The Republic of) / 52 Mali (The Republic of) / 53 Mauritania (The Islamic Republic of) / 54 / 56 Mozambique (The People's Republic of) /56 / 59 (The Republic of the) /61 ,. I: (The Federal Republic of) /63 z ,., Rwanda (The Rwandese Republic) /64 � (The Republic of) / 65 i .... ,., (The Republic of) /67 '" z Sierra Leone (The Republic of) /68 �o z Somalia (The Somali Democratic Republic) /69 ,. r- South Africa (The Republic of) /71 '" Sudan (The Republic of the) / 75 � � Swaziland (The Kingdom of) / 77 ... '" .. (The United Republic of) / 78 .. Togo (The Togolese Republic) /79 Uganda (The Republic of) /80 Zaire (The Republic of) /83 (The Republic of) / 86 (The Republic of) / 88

TH E AM ERICAS

Argentina (The Argentine Republic) /93 Barbados / 95 (The Republic of) /95 Brazil (The Federative Republic of) /97 Canada / 99 (The Republic of) / 99 (The Republic of) /103 (The Republic of) / 106 (The) / 108 (The Republic of) /109 El Salvador (The Republic of) /111 Grenada / 113 Guatemala (The Republic of) /114 Guyana (The Republic of) /116 (The Republic of) / 117 Honduras (The Republic of) /119 Jamaica / 122 Mexico (The United Mexican States) /123 Nicaragua (The Republic of) /125 (The Republic of) /128 Paraguay (The Republic of) /129 Peru (The Republic of) / 131 St Vincent and the Grenadines / 134 Suriname (The Republic of) / 135 (The Republic of) / 136 United States of America (The) / 137 Uruguay (The Eastern Republic of) /140 (The Republic of) /141

co � ASIA AND TH E PAC IFIC >­ Ill: o � Afghanistan (The Republic of) /147 ;i /148 z � (The People's Republic of) / 149 /151 Ill:� Brunei Darussalam � Burma (The Socialist Republic ofthe Union of) /152 !i � China (The People's Republic of) /153 � Fiji /156 (The Republic of) / 158 Indonesia (The Republic of) and 1161 Japan 1163 Kampuchea (The People's Republic of) I 163 Korea (The Democratic People's Republic of) 1164 Korea (The Republic of) 1165 Laos (The Lao People's Democratic Republic) 1168 I 169 Nepal (The Kingdom of) 1171 (The Islamic Republic of) I 173 Palau 1176 (The Republic ofthe) 1176 (The Republic of) I 179 (The Democratic Socialist Republic of) 1181 Taiwan (The Republic of China) 1183 Thailand (The Kingdom of) 1186 Vi et Nam (The Socialist Republic of) 1188

EU ROPE

Albania (The Socialist People's Republic of) 1193 Austria (The Republic of) 1194 (The People's Republic of) 1195 Czechoslovakia (The Czechoslovak Socialist Republic) 1196 Finland (The Republic of) I 198 (The French Republic) I 199 German Democratic Republic (The) 1201 Germany. Federal Republic of I 203 (The Hellenic Republic) 1204 Hungary (The Hungarian People's Republic) 1204 Italy (The Italian Republic) 1206 Malta (The Republic of) I 207 Norway (The Kingdom of) I 208 Poland (The Polish People's Republic) 1209 (The Socialist Republic of) 1210 Spain (The Kingdom of) I 212 Switzerland (The Swiss Confederation) 1214 Turkey (The Republic of) 1215 Union of Soviet Socialist Republics (The) 1218 ,. K z United Kingdom (of Great Bri tain and Northern Ireland, The) I 221 "' Yugoslavia (The Socialist Federal Republic of) 1223 � i -< "' '" z THE MIDDLE EAST AND NO RTH AF RICA � is z ,. .... 1229 '" Algeria (The People's Democratic Republic of) "' ." 230 o (The State of) I '" -< Egypt (The Arab Republic of) 1232 - ID '" Iran (The Islamic Repu blic of) I 234 '" Iraq (The Republic of) 1 236 Israel (The State of) and the Occupied Territories 1239 Jordan (The Hashemite Kingdom of) 1242 Kuwait (The State of) 1243 Lebanon (The Lebanese Republic) 1244 Libya (The Socialist People's Libyan Arab Jamahiriya) 1247 Morocco (The Kingdom of) and Western Sahara 1 248 Saudi Arabia (The Kingdom of) 1251 Syria (The Syrian Arab Republic) 1252 Tunisia (The Republic of) 1255 United Arab Emirates (The) 1257 Yemen (The Arab Republic of) 1259 Yemen (The People's Democratic Republic of) 1260

Missions: January- December 1987 1263

APPENDICES

I: Statute of Amnesty International: Articles 1 and 2 1 267 11: Amnesty International News Releases 1987 1268 Ill: Amnesty International Around the World 1 270 IV: International Executive Committee 1 272 V: Selected International Human Rights Treaties 1273 (Parties as of December 1987) VI: Selected Statistics 1 278

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'"� ... z a c INTRODUCTION

This report is a record of Amnesty International's work and concerns through­ out the world during 1987. It covers only those matters which fall within Amnesty International's strictly defined mandate: to seek the release of men. women and children detained for their beliefs. colour. sex. ethnic origin. language or religion. provided they have not used or advocated violence; to work for prompt and fair trials for all political prisoners; and to oppose the death penalty and torture without reservation. It is not an exhaustive survey of human rights violations of all kinds. The content of this report is also restricted by government censorship and secrecy. Recognizing the power of the truth about human rights. govern­ ments all too often obstruct the flow of information within and from their countries. Thousands of prisoners are unjustly held. tortured or killed without news of their plight ever reaching the outside world. This report is limited above all by the impossibility of recording the activities of the hundreds of thousands of members upon whose work to defend human rights Amnesty International is based. Their actions reflect an idea which. at its birth 27 years ago. was described as "one of the larger lunacies of our time". The idea that ordinary people could help to set free or save from torture or death men and women they had never met. in countries not their own. by writing polite letters to the government involved. It worked. Those letters. which Amnesty International members write today from a growing number of countries and which have helped to free and save thousands. are based on the Universal Declaration of Human Rights. The Universal Declaration has its 40th anniversary this year. On 10 December 1948 all the members of the United Nations declared for the first time in history that every human being has inalienable rights. They pledged themselves not only to respect those rights in their own countries. but to protect and promote them in all countries. Before the Second World War. the international community was only minimally concerned with human rights. International law governed the relations between states and gave virtually no protection to individuals. What governments did to their citizens was essentially their own concern. beyond the reach of international law. and not legitimately subject to the scrutiny of other countries or the international community. The Universal Declaration of Human Rights and the Charter of the United Nations. from which it flowed. represented a revolutionary develop­ ment in international law. They established the principle that individuals have the right to be protected by the international community. On the day the Universal Declaration was passed. the President of the United Nations General Assembly predicted that "millions of men. women and children from all over 2 the world, many miles from and New York, will turn for help, guidance and inspiration to this document." And so they have. Yet the pages of this report show that many of those people have not received the protection that is their right. In at least half the countries of the world, people are locked away for speaking their minds, often after trials that are no more than a sham. In at least a third of the world's nations,men, women and even children are tortured. In scores of countries,governments pursue their goals by kidnapping and murdering their own citizens. More than 120 states have written into their laws the right to execute people convicted of certain crimes, and more than a third carry out such premeditated killings every year. Amnesty International documents and publicizes this ugly picture of what governments around the world are doing to their citizens 40 years after proclamation of the Universal Declaration for one reason only - to convince more people that something must be done to stop it. There are many who justify their own inactivity by asserting that 40 years of human rights activity has produced nothing but failure and disillusion. It is important to respond to the critics not by denying the scale of the challenge that remains but by noting the advances made in the past 40 years. Today, unlike in 1948, there is a human rights movement that is genuinely worldwide. Amnesty International, for example, now has groups of volunteers working in some 60 countries. More than a thousand other human rights organizations are campaigning for human rights. Some are local human rights groups, others are national, regional or international organizations. In every region of the world,courageous men and women have joined a movement united solely by the conviction that human rights are precious and must be protected. It is because of this worldwide human rights movement that,more than ever before in world history, governments are exposed to the glare of interna­ tional publicity -the greatest weapon we have. It is easy to lose sight of how great an achievement this is. In 1934 more than 30,000 peasants were believed to have been massacred by the army in El Salvador; outside their country this was noticed by only a handful of specialists. Today even onc death can set off waves of anger and protest worldwide. The torture and death in 1987 of one student in South Korea - Park Chong-chol-led to publicity, followed by the arrest of police officers and the

.. .. resignation of government ministers. It doesn't always happen but it can. And it � means that no government can be certain that it can hurt or kill its citizens � without massive publicity resulting. '"� Cl< .... The principle of international responsibility is being institutionalized, C Z o written into international law and confirmed by practice. The Universal ;:: c z Declaration was followed by the International Covenants on Human Rights and Cl< '" i by even more specific instruments like the UN Convention against Torture and � Other Cruel, Inhuman or Degrading Treatment or Punishment. And almost '" z unnoticed by the news media,the first mechanisms for enforcement have begun � c to operate. Since its creation in 1980 by the UN,the Working Group on Enforced or Involuntary Disappearances has acted on more than 15,000 cases of 3 "disappearances" in over 40 countries; in 1987 alone it intervened in more than 1,000 new cases in 14 countries. The Special Rapporteur on summary or arbitrary executions has approached some 60 governments,intervening urgent- ly to try to prevent threatened executions in more than half these cases. The Special Rapporteur on torture has taken action to try to stop torture in more than 30 countries. There have been successes. They are only a beginning but a very I important beginning. Of course there is still a long way to go. Some states have not yet demonstrated their commitment to the international protection of human rights by acceding to the covenants that would bind them in law to protect the rights they claim to respect. Among them are two permanent members of the Security Council,the United States of America and the People's Republic of China. Only 39 states have ratified the Optional Protocol to the Covenant on Civil and Political Rights, which allows individuals to have complaints heard by the Human Rights Committee. Among those which have not ratified the protocol are states whose nationals are currently serving as members of the Human Rights Committee, including the Union of Soviet Socialist Republics and the United Kingdom. All the states within the United Nations formally subscribe to the Universal Declaration of Human Rights. Yet many of them reveal, by their actions,that they consider the ideas and ideals it enshrines as "subversive". For example, within two weeks of an August 1987 march by 3,000 Colombians proclaiming the right to life, four of the men who led the march had been shot dead by "death squads" apparent ly connected with the Colombian security forces. The Cuban Government actually confiscated copies of the declaration from a human rights committee when it arrested several of its members in 1986. On Human Rights Day, 10 December 1987, several human rights activists were detained briefly in the German Democratic Republic for trying to hand a declaration to the United Nations Association. Faced with armed opposition movements, as many governments are, the authorities often choose to forget or ignore their human rights commitments. When armed opposition groups engage in acts of terror,the resulting disruption is frequently used to strengthen the hand of those who see repression as the solution. In many countries the formal authority of an elected government ,. publicly committed to human rights coexists precariously with the power of a K z military which is prepared to use arbitrary arrest, torture and even murder in m � the fight against insurgents. Amnesty International condemns the torture and i ... killing of prisoners by anyone,includ ing opposition groups. But whatever the m '" Z circumstances, it is governments that are responsible for dealing with violent o� z crime,and they must do so without violating the fundamental human rights of ,. ... their citizens. '" In the forefront of the struggle to ensure that governments abide by their � � obligations are human rights activists. All too many governments respond to .. ... '" attempts to hold them to their commitments with repression, not dialogue. '" 4 In every region of the world people are making their contribution to the human rights movement with their freedom and their lives. In China, "democ­ racy movement" activists still languish in jail, some eight years after their arrest. During 1987, in El Salvador, the coordinator of the non-governmental human rights commission was assassinated; in Turkey, the president of the farmers' association was on trial because he said publicly that he wanted an end to torture and the death penalty; in Kenya, the most prominent lawyer prepared to take on political cases was held in jail for most of the year on the grounds that he was a threat to public security; in Tunisia, a leading human rights figure was arrested after giving foreign journalists information on political and human rights issues; in Haiti, a prominent lawyer was shot dead by plainclothes police as he stood with a copy of the new Haitian Constitution in his hand talking to journalists outside a prison. There are other cases that could be reported. That the list is not even longer owes much to governments' fear of publicity damaging to their international "image". It is because of this fear that governments launch a second form of attack: against the flow of information. Rather than improving their human rights record, governments close the channels of information about the violations. Some states write the prohibition on freedom of information into their laws. For example, laws in Czechoslovakia, the German Democratic Republic and Turkey proscribe sending information abroad which is "damag­ ing" to national interests. Singapore and Malaysia have imposed press laws giving the government absolute discretion to ban or restrict any publication deemed to have engaged in "domestic politics" or to have "alarmed public opinion". These laws have been used to punish people who draw attention to human rights violations. Similarly, in South Korea there is a law making it an offence to give information to foreigners deemed to "insult or slander the state". The use of incommunicado detention, where prisoners are totally cut off from the outside world, is prevalent in many countries. Without access to lawyers, doctors or relatives, prisoners' chances of alerting the world to abuses against them are greatly diminished. In many countries, among them China, Ethiopia, Haiti, Iran, Iraq, Libya, South Africa, Sri Lanka and Syria, families are often not even told where prisoners are being held, let alone allowed to visit them. The holding of political trials behind closed doors is another way in which states deny the opportunity for public scrutiny of their actions. In 1987 Amnesty International learned of political trials held in secret in many countries, including Bulgaria, China, German Democratic Republic, Guinea, India, Kuwait and Libya. Refusing to grant visas to foreign observers also makes

... the task of monitoring the human rights record harder . c z o Censorship of the press and repression of journalists doing their jobs is z� part of the information war. Amnesty International learned last year of '" '" ! journalists and writers imprisoned because of their writings in the Central African Republic, Jordan, Malawi and South Korea. Journalists were prevented from travelling to areas where they might have observed government agents violating human rights such as those parts of Bulgaria where ethnic Turks were subjected to an assimilation campaign and the north and east of Sri Lanka where 5 non-combatant Tamil civilians have been deliberately killed in custody by government troops. Another method of deflecting criticism well-known to officials is to set up inquiries which never reach a conclusion or end as a whitewash. Amnesty International confronts examples of this technique so often that a few examples must serve as illustrations. An official committee set up to investigate certain operations of the Indian provincial police in Meerut, northern India, in May 1987 failed to make public any results. The contents of the committee's report, which was leaked to the press, showed it had failed to investigate detailed allegations of "disappearances" and political killings. In the United Kingdom, the results of an inquiry into three incidents of killings in 1982 of suspected government opponents in Northern Ireland by the security forces had still not been made public by the government. In Israel and the Occupied Territories,an official judicial inquiry into the interrogation methods of the Shin Bet (General Security Service),while revealing that the Shin Bet had lied to the courts over 16 years about methods used to extract confessions, sanctioned the use of "a moderate measure of physical pressure". To avoid the threat of public exposure,security forces resort to methods of abuse which are hard to document and designed to obscure who is to blame. Clandestine forces step up their work in Chile; so-called "death squads" composed of police and military operate in plainclothes in El Salvador; government-backed "vigilante" groups surface in the Philippines; and more and more killing takes place in rural militarized zones in Afghanistan. Evidence of the continuing need to press states to translate declared commitments into practice includes the unending flow of refugees. For the price of raising human awareness while failing to stop massive human rights violations is growing numbers of people seeking protection not in international documents but in fleeing to countries that offer them the chance of survival. Unfortunately, as this report pointed out last year, whatever their rhetoric on human rights,many governments are unwilling to pay the price and are sending people back to places where they face real threats of imprisonment, torture or death. As with any struggle, what will determine whether the human rights movement goes forwards or backwards is,in the end, the balance of forces. Our forces consist not of armies or governments but primarily ofthe men and women who are prepared to commit themselves to the struggle for human rights. This report demonstrates only too clearly how essential that continuing commit­ z .... ment remains. ,., .. z

�o z > ,.. .. ,., � � ... ID :: 6 AMNESTY INTERNATIONAL-A WORLDWIDE CAMPAIGN

Ordinary people living in over 150 countries took action during 1987 to protect other people's human rights. They cared enough about men, women and children suffering human rights violations the world over to join Amnesty International's worldwide campaign. By contributing their time, talents and resources, they became part of a movement committed to preserving lives from the injustice and indignity of human rights abuse. Changes resulting from human rights work can be extraordinary in terms of individual lives. The Taiwanese Government jailed Huang Hua in 1976 because he wrote articles for an opposition magazine. He was finally freed in 1987,after 11 years of imprisonment. "Because of your care and love,not only do you have my gratitude," he wrote to Amnesty International members, "you have caused me to experience that side of humanity characterized by warmth and hope." Grassroots activists are the core of Amnesty International. which enters its 28th year of human rights work in 1988. Some of these activists write letters to government officials in countries detaining prisoners, some organize public events near their homes, some brief local leaders or journalists in their communities on international human rights issues. All of them work to end unjust imprisonment, unfair trials,torture and the death penalty. They help to show governments that individuals throughout the world are watching and willing to mobilize their communities whenever and wherever human rights violations occur. Individual victims remain the focus of Amnesty International's work. When an individual is released from unjust imprisonment or is granted a fair trial, human rights score a victory. When torture ceases or executions are prohibited, human rights take a significant step forward. "I feel like a different person, just knowing that there is a group that intervenes for human rights",wrote the wife of a political prisoner held in eastern Europe. "A letter such as the one from Amnesty International gives a person strength and makes one feel human again. " The prisoner, arrested for criticizing his government in 1981,was freed in April 1987. For six years two Amnesty International local volunteer groups,one in the Netherlands and one in Canada,had worked for his release. "Mainly I owe

00 00 my early release to you and your work on my case", he recently wrote to � ... members of the groups . IX Changes for prisoners and their families are the goal of Amnesty Internation­ '"a: Cl: ...J al group efforts. The groups, which numbered3, 863 in 62 countries at the end of « z o 1987, "adopt" prisoners of conscience - that is, people imprisoned solely

�z because of their beliefs, sex, ethnic origin,la nguage or religion and who have Cl: '" ... neither used nor advocated violence. They campaign for the unconditional !: release of prisoners adopted by the group. They also campaign,regardless of the en� '" Z alleged offence,for a halt to torture and the death penalty throughout the world. :lE « In addition, groups help to gather information on "investigation" cases, for which Amnesty International has insufficient evidence to identify an indi- 7 vidual as a prisoner of conscience. The movement calls on its volunteer groups to write to the authorities requesting more information on investigation cases and in many cases, urging officials to either promptly charge the prisoner with an offence and give him or her a fair trial or release the person. Local groups around the world worked on behalf of prisoners detained in 85 countries during 1987. To safeguard Amnesty International's impartiality, no group collects in­ formation about prisoners or works on behalf of prisoners held in its own country. The groups may, however, address domestic legislative concerns such as death penalty laws. They also maintain geographical and political balance in their work by campaigning to end patterns of abuse in different countries or regions. During 1987 Amnesty International launched major worldwide cam­ paigns to stop torture and political imprisonment in Kampuchea; executions, torture and unfair trials in Iran; and use of the death penalty in the United States. Members also participated in special actions launched to end human rights violations in countries including Chile, China, Fiji, Ghana, Kenya, Sri Lanka and Syria. The Kampuchean Embassy in Czechoslovakia received so many letters of concern about human rights abuse that Embassy officials asked Amnesty International to halt the flood of correspondence. A teenaged Kampuchean boy wrote to Amnesty International that he had seen a copy of its campaign report, which the movement had translated into Khmer, in the refugee camp on the Thai border where he lived. Dissemination ofthe facts by an active worldwide human rights constituency is often the first step in a campaign. As word spreads about human rights violations,the pressure on governments builds. Sometimes government author­ ities respond in private meetings with representatives of Amnesty Internation­ al; sometimes they respond directly to the volunteers who sent them letters. For example, members of local groups in Hong Kong and Mexico who participated in the campaign against human rights violations in Iran received acknowledg­ ment of their letters from the office of the Iranian Speaker of Parliament. A provincial public relations official also corresponded with group members in Denmark and the Federal Republic of Germany. Numerous state governors and other officials in the United States responded to Amnesty International's campaign to end the death penalty in that country. Norwegian Broadcasting aired interviews with governors of states which permit the death penalty. In Mauritius, the campaign received prime-time television z ... coverage. Editorials and news articles published throughout the United States ,., '" helped to focus debate on the death penalty as a violation of basic human rights. z o� During the campaign, the National Conference of Black Mayors in the United z � � States issued a resolution "for a moratorium on executions and a study of '" ,., effective alternatives to the death penalty". '"� ... The movement's campaigns are designed to strengthen ongoing worldwide - '" OD human rights work. In 47 countries Amnesty International sections coordinate OD 8 campaign activities, as well as organizing local volunteer groups, publicity activities, and fund-raising programs. In approximately 100 other countries, members participate in campaigns on an individual basis or as contributors to local groups. Newly organized groups in Sudan,for example, discussed human rights concerns on local television stations. Amnesty International's activists worldwide press their own creativity into the service of human rights campaigning. In Bangladesh, they organized a poster exhibition to place the spotlight of public attention on the plight of an adopted prisoner of conscience. In Luxembourg, they invited the public to buy Amnesty International candles and place them in windows to commemorate Human Rights Day, 10 December. Thousands of Spanish schools participated in a human rights essay contest organized by Amnesty International members,and Japanese members held a walk-a-thon for prisoners of conscience worldwide. In the United States groups from coast to coast organized write-a-thons, address­ ing their concern about prisoners of conscience to the authorities in countries around the world. These individual activities, which continue throughout the world daily, broaden human rights awareness and education. They are based on facts gathered, documented and analysed by the Research Department of the movement's International Secretariat. Researchers establish networks of con­ tacts,monitor media reports and often participate in missions sent by Amnesty International to individual countries. Mission delegates sometimes include other experts in human rights issues and international law, as well as doctors and others qualified to gather information about Amnesty International's specific concerns. The Secretariat,based in London, disseminates its information to members, groups, sections, and the international news media. It issues news releases on situations of urgent concern and publishes reports on human rights abuse in individual countries and on pervasive patterns of human rights violations. In addition, it produces the monthly Amnesty International Newsletter, which provides current human rights news and features prisoner of conscience cases for worldwide letter-writing action. The Secretariat also plans and evaluates strategies implemented by Amnesty International volunteers around the world. On the national level,sections also assess Amnesty International's work as they develop both an activist presence in their country and out reach programs to enlist other activists. Volunteer groups take on these responsibilities at the local level. This of responsibilities provides internal coherence, as well as the much-needed

.... diversity of the international movement. Amnesty International identifies itself c z o as one movement, one message, many voices.

z� Members raise funds to support the movement,which maintains impartiality '" ... � by accepting no contributions from governments to support its daily operations � e and by following strict guidelines on financial donations. ... z Amnesty International has numerous activist networks designed to address ::I c human rights violations in today's world. While local Amnesty International groups undertake prisoner casework which may require sustained efforts over a 9 number of years, Urgent Action Network participants respond to the immediate risk of torture or execution. They also respond to news of "disappearances", of arbitrary arrests, and of prisoners held in appalling conditions or denied urgently needed medical care. Through telecommunications links and the post, participants in some 60 countries receive information about the imminent dangers faced by men, women and children worldwide. During 1987 Amnesty International issued 373 Urgent Action appeals on behalf of prisoners held in 82 countries. Network coordinators estimate that participants sent between 3,000 and 5,000 messages of concern in response to each appeal. Since torture often takes place in the initial days of detention, an international wave of concern can be especially effective in preventing this human rights violation. Regional Action Networks address patterns of violations such as short-term detention or sudden increases in a particular type of persecution within a country. More than half of Amnesty International's local groups participated during the year in these networks,now numbering 19,by learning about the area of concern and by continuously being prepared to act when situations of human rights abuse arise. In 1987 the Regional Action Networks worked on the cases of more than 2,000 prisoners. Legal and medical networks have also been established in many countries. Lawyers write letters on behalf of colleagues unjustly imprisoned abroad,assist local groups in prisoner casework within their area of expertise and research international legal issues. Health professionals write letters on behalf of colleagues detained abroad and prisoners who are seriously ill,often because of torture or inadequate health care. They promote human rights awareness by writing articles for medical journals and maintaining contact with professional associations. Major organizational and program policies are determined by Amnesty International's InternationalCouncil, the movement's highest decision-making body. Delegates selected by each section meet bienially to establish policy. The Council also elects members of the International Executive Committee, re­ sponsible for implementing Council decisions and overseeing the work of the Secretariat. For the first time, the International Council met in South America last year. The meeting was held in Aguas de Lind6ia, Brazil. Amnesty International's South American membership increased significant- ly during the past year, as did the breadth of its activities. A new section was recognized in Guyana,joining the South American sections already organized z in Barbados, Brazil, Chile, Ecuador, Mexico, Peru, , Trinidad and ;;l .. z Tobago and Venezuela. Amnesty International local groups were formed in the � <5 Dominican Republic during 1987 and began working for the release of prisoners z ,. r- of conscience. Other groups continued their prisoner casework and human .. ,., rights campaigning in Argentina, ,Colombia, Costa Rica and Uruguay. ..� ... Amnesty International's Spanish language translation program, based in Madrid, has strengthened the ability of Spanish-speaking members to spread 10 the human rights word and recruit new members. The movement's Arabic language program was also designed to meet the needs of developing sections. Campaign publications produced in Arabic last year include reports on human rights violations in Iran. Libya. South Africa. Syria and the United States. The Amnesty International Report 1987 was also published in Arabic. the first time this annual report appeared in Arabic translation. Amnesty International participated in international book fairs held in Egypt and Kuwait in 1987. In March the movement held its first training meeting for members from newly formed local groups in some North African and Middle Eastern countries. Members from Egypt. Jordan. Kuwait. Mauritania. Morocco and Tunisia participated in sessions on planning and implementing human rights activities. Established local groups operated in Egypt. Kuwait. Sudan and Tunisia during 1987. Membership support was increasing in Algeria. Jordan. Mauritania and Morocco. The Israeli Section also expanded its membership activities during the year. The movement decided in 1987 to devote more resources to membership recruitment in eastern Europe. Amnesty International had active supporters during the year in Hungary. Poland and Yugoslavia. In Africa a new section was recognized in Tanzania. Other sections now operating in Africa include Cote d·Ivoire. Ghana. Nigeria and Senegal. Local groups also carry out human rights activities in Mauritius. Sierra Leone and Zambia. One result of membership growth in Asia and the Pacific was widespread coverage of human rights issues in both the national and local news media during 1987. Amnesty International members regularly produced newsletters in Chinese. Japanese. Korean. Tamil and Thai. For the first time last year. Amnesty International publications appeared in Urdu and Nepali. Asian members participated in a wide range of activities from letter-writing and vigils to press conferences and fund-raising concerts. Members organized well­ publicized tours of former prisoners of conscience from Argentina. Chile and South Africa. Filipino members testified before the Congressional Human Rights Committee in efforts to prevent reintroduction of the death penalty in their country. Amnesty International sections are now organized in Australia. Hong Kong. .. .. India. Japan. New Zealand and Sri Lanka. Local groups have formed in � Bangladesh. Nepal. Papua New Guinea. Philippines. Republic of Korea and :;: o IL Thailand. '" '" -' As Amnesty International's sections and groups prepared for the coming c z o year's work. they explored their individual means of participating in the

z� movement's 1988 Human Rights Now! campaign. The goal of this campaign. '" '" ... announced at a press conference held in Brazil in December 1987. is to mobilize !: world public opinion on behalf of human rights. Planned activities. including Cl)� '" z an international music tour. are designed to help tell people everywhere about :lE c their own rights. to protect human rights activists from persecution by their government and to bring massive pressure on governments to respect all 11 people's human rights. In 1988 Amnesty International and hundreds of other human rights organiza­ tions will mark the 40th anniversary of the Universal Declaration of Human Rights with individual activities which, cumulatively, could bring irresistible pressure for change.

Update on Abolition of the Death Penalty Amnesty International is unconditionally opposed to the death penalty and works for its abolition. The organization regularly monitors death sentences and executions around the world and appeals for clemency whenever it learns of an imminent execution. During 1987,769 prisoners are known to have been executed in 39 countries and 1,185 people were sentenced to death in 62 countries. These figures include only cases known to Amnesty International: the true figures are certainly higher. By the end of 1987,32 countries had abolished the death penalty for all offences and 18 for all but exceptional offences,such as war crimes. At least 16 countries and territories which retained the death penalty in law had not carried out executions for the past 10 years or more. In 1987 four countries abolished the death penalty for all offences: the German Democratic Republic, Haiti, Liechtenstein and the Philippines. In February voters in the Republic of the Philippines overwhelmingly approved a new Constitution which abolishes the death penalty under Article 3. In accordance with the new Constitution, the Philippines Cabinet decided in April to commute all 528 death sentences then pending to life imprisonment. Voters in Haiti approved a new Constitution in March. Under Title 3 of this Constitution, "On Basic Rights", Article 20 states, "The death penalty is abolished in all cases". In June the Parliament of the Principality of Liechten­ stein adopted a new penal code which eliminates the death penalty for all offences. The vote approving the government's proposal for abolition was unanimous. In July the Council of State of the German Democratic Republic issued a decree abolishing the death penalty, referring to the need for "preservation of human rights". The terms of the decree became effective immediately. Recognizing the necessity of increasing international momentum to abolish

the death penalty, Amnesty International decided in 1987 to launch a major :. I: z campaign in 1989 to stop the use of the death penalty worldwide. ... Cl> ... -< z ... Refugees ... '" z Amnesty International opposes the forcible return of any person to a country �o where he or she might reasonably expect to be imprisoned as a prisoner of z :. ,.. conscience, tortured or executed. Much of the movement's work in this field is '" ... done by Amnesty International sections in the countries where individuals � � seek asylum. This report covers the work of the International Secretariat, so .. IQ .. references to actions taken on behalf of refugees do not reflect the work done .. 12 by Amnesty International sections on behalf of individual refugees faced with being returned to countries where they would be at risk of such human rights violations.

Relief During 1987 the International Secretariat of Amnesty International distributed £226,327 in relief payments to help prisoners of conscience and their families and to assist the rehabilitation of torture victims. Amnesty International sections and groups probably sent as much again to many thousands of prisoners and their families. This relief program is not a substitute for the primary objecti ve of securing freedom for prisoners of conscience and an end to the use of torture, but aims to alleviate some of the suffering caused by these human rights violations. When relief payments are distributed by bodies outside Amnesty International or through individual intermediaries, the organization takes care to stipulate the precise purpose of the payments. Amnesty International's relief accounts, like its general accounts, are audited annually and are available from the International Secretariat.

Amnesty International's Funding Amnesty International's funding reflects the movement's independence and its reliance on broad public support. No money is sought or accepted from governments. The hundreds of thousands of donations that sustain the organization's work come from the pockets of its members and the public. Fund-raising is a responsibility of the movement's groups and sections; there is no central fund-raising program. A person who joins Amnesty International pays an annual membership fee varying from country to country. Some members also make regular monthly or yearly donations to support the work. In addition, each member personally pays the cost of the many letters, telegrams and, in some instances, parcels that he or she sends on behalf of prisoners throughout the year. Even major fund-raising drives rely overwhelmingly on the cumulative effect of small donations from individual citizens. Amnesty International members organize street collections in their localities. They arrange film screenings, concerts and other public events that help increase public support and bring in further contributions. Some sections produce and sell promotional items such

co co as key-rings, T-shirts and badges, as well as the full range of Amnesty � International publications. ;: A major source of sustained funding in some countries has been the ...� '" .J tremendous public response to direct mail programs organized by the national C Z o sections of Amnesty International, whereby literally thousands of people

z� throughout the country are informed of the movement's work and urged to make '" ... ! contributions to Amnesty International. In almost all countries where such efforts have taken place, the section has received a constant stream of donations � ... z from individuals, many of whom ask to join the movement and participate in its • c activities. Increasingly, Amnesty International sections are organizing major events for 13 publicity and fund-raising. These events take the movement's message to large audiences and dramatically broaden the base of financial support. In 1984 the Norwegian Section of Amnesty International benefited from a day-long televi­ sion campaign, backed up by a nationwide door-to-door collection that brought in some 75,000,000 Norwegian kroner, the equivalent of 18 kroner (£1.70) from every inhabitant of the country. There have been major concerts, arts perform­ ances and television campaigns during recent years in other countries, including the Netherlands, the United Kingdom and the United States of America. Other recent special activities that have helped to generate income at local and national levels have included auctions of paintings and sculpture by leading artists in Brazil, Sweden and Venezuela; exhibitions at book fairs in Brazil, Egypt, the Federal Republic of Germany, Nigeria and Senegal; and the sale of locally produced articles from Chile, Cote d'Ivoire, the Faroe Islands, Hong Kong and Peru. Other sources of income include donations from foundations and corpora­ tions. To preclude the possibility of donors exerting pressure of any kind on the organization, Amnesty International has adopted several basic rules. The first is that no one can make a donation earmarked to support activity on a particular country; donations can only be made to support the work of the organization as a whole or for a broad category of its work, such as its humanitarian relief program or its medical work to assist victims of torture. A second rule precludes any part of the organization, such as a group or section, from accepting a donation likely to exceed five per cent of its anticipated income in any year without prior approval by a higher governing body in the movement. This rule applies to all donations, regardless of their source. The movement's central bodies and activities rely on income pledged by its sections. The funds to be contributed towards the central budget are determined every two years by the movement's International Council. The budget adopted for 1987 was £7,388,900. Amnesty International's budget represents roughly one third of the estimated income likely to be raised by the sections in that year. The funds voted by the sections for the budget are supplemented by voluntary contributions made by sections which have been particularly successful in their fund-raising. The international budget is administered under the control of the Interna­ ,. E z ... tional Executive Committee. The budget covers the cost of all international 11> initiatives undertaken by the organization, such as the missions which � Z ... Amnesty International sends to individual countries, research into human ... "" z rights violations, the planning and coordination of global campaign activities, o� the publication of reports in various languages, an international relief program z ,. � and the administration and coordination of the movement as a worldwide "" ... membership body. � � The accounts are audited annually by a firm of internationally known auditors and are subjected to further scrutiny throughout the year by an elected 14 Financial Control Committee that reports to the International Council. Anyone wishing to study the audited accounts for 1987 may obtain a copy free of charge either from the section of Amnesty International in their country or from the International Secretariat.

WORK WITH INTERNATIONAL ORGANIZATIONS

On 26 June 1987 the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment entered into force, one month after the 20th state (Denmark) had deposited its notice of ratification. The Convention includes a number of provisions that Amnesty International considers particularly important,including compulsory,universal jurisdiction over alleged torturers; the obligation not to return refugees or others to countries where they risk being tortured; the exclusion of "obedience to superior orders" as a defence against a charge of torture, and the obligation of states to investigate reliable information about torture and other ill-treatment and to compensate victims. On 26 November the first meeting of States Parties to the Convention was held to elect the 10-member Committee against Torture provided for by the terms of the Convention. The Committee is mandated to consider periodic reports from States Parties, to inquire into reliable allegations of systematic torture, to receive complaints from individuals against a state which has expressly accepted this provision and to receive complaints by one state against another if both states have agreed to this procedure. At the end of 1987, 28 countries were parties to the Convention: Afghanistan, Argentina, Austria, Belize, Bulgaria, Byelorussian SSR, Cameroon, Canada, Colombia, Denmark, Egypt, France, German Democratic Republic, Hungary, Luxembourg, Mexico, Norway, Panama, the Philippines, Senegal, Spain, Sweden, Switzerland, Togo, Uganda, Ukrainian SSR, the USSR and Uruguay. Amnesty International welcomed the entry into force of the Convention and urged all countries that have not yet done so to make ratification a matter of priority. Further initiatives were also taken at the regional level to prevent and punish

.. .. torture. In the Americas, the Inter-American Convention to Prevent and Punish � Torture adopted by the Organization of American States' General Assembly in oIi CL 1985 entered into force one month after two states (the Dominican Republic and ... '" ..,j Guatemala) ratified it on 29 January 198·7. Mexico and Suriname also ratified c z o the Convention during 1987, thus bringing the total ratification to four. The

z� Inter-American Convention contains obligations similar to those in the UN '" ...... Convention but provides no special procedures for implementation. !: At their 80th session,in June 1987 , the Committee of Ministers of the Council � ...OIl z of Europe adopted the text of the European Convention for the Prevention of a c Torture and Inhuman or Degrading Treatment or Punishment. The Convention was opened for signature on 26 November and will enter into force three months 15 after seven member states of the Council of Europe have ratified it. Upon entry into force, the Convention will provide fo r an independent European Committee with powers to visit places of detention in ratifying states and to interview detainees in private. The Committee will prepare a report of its visits and can make recommendations to the state concerned. If the recom­ mendations are ignored, the Committee may make a public statement on the matter. It will also issue an annual report of its activities. At the end of 1987 all but two of the Council of Europe's member states had signed the Convention; none had yet ratified it. As an observer at the Steering Committee on Human Rights of the Council of Europe's Committee of Ministers,Amnesty Internation­ al promoted the adoption of the Convention. By the end of 1987, 92 states were parties to the UN's International Covenant on Economic, Social and Cultural Rights, 87 to the International Covenant on Civil and Political Rights and 39 to its Optional Protocol. During the year Equatorial Guinea, the People's Democratic Republic of Yemen and Uganda ratified or acceded to the International Covenant on Economic, Social and Cultural Rights. Equatorial Guinea and the People's Democratic Republic of Yemen acceded to the International Covenant on Civil and Political Rights. Equatorial Guinea also acceded to its Optional Protocol. Amnesty International continued to urge states that have not yet done so to ratify the Covenants and the Optional Protocol, recommending ratification in both representations to individual governments and a statement to the 43rd session of the UN Commission on Human Rights. The organization also issued information about the work of the Human Rights Committee, the body established under the Covenant on Civil and Political Rights to monitor compliance with the Covenant. In 1987 the Human Rights Committee considered reports from the govern­ ments of Congo, Denmark, El Salvador, Iraq, Poland, Romania, Rwanda, Senegal, Trinidad and Tobago, Tunisia, Zaire and Zambia. Amnesty Interna­ tional made its information available to members of the Committee. Throughout 1987 Amnesty International continued to submit information under various UN mechanisms which address violations of human rights. In 1987 there were special rapporteurs or representatives appointed by the Commission on Human Rights to study the situations of human rights in four countries - Afghanistan, Chile,El Salvador and Iran - and "experts" had been appointed on Guatemala and Haiti. Amnesty International brought its con­ tinuing concerns in these six countries to their attention. z The Commission has also appointed Special Rapporteurs on torture and on � '" summary or arbitrary executions and a Working Group on Enforced or z o� Involuntary Disappearances. Amnesty International brought to the attention of z ,. ,... the Special Rapporteur on torture reports of torture or fear of torture in the '" following 35 countries: Brazil, Burma, Burundi, Chad, Chile,China, Colombia, '"� .... Ecuador, El Salvador, Guatemala, Haiti, Honduras, Indonesia (East Timor), ..:D Iran, Iraq, Kampuchea, Kenya, Lebanon, Mexico, Namibia, Nepal, Pakistan, .. 16 Paraguay, Peru, Poland, Singapore, South Africa, Sri Lanka, Suriname, Syria , Turkey, Uganda, Venezuela, Zaire and Zimbabwe. In addition, Amnesty International informed the Working Group on En­ forced or Involuntary Disappearances of reported "disappearances" in 20 countries: Central African Republic, Chad, Chile, Colombia , Ecuador, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, India, Indonesia (East Timor), Iran, Kenya, Mexico, Nepal, Peru, the Philippines, Sri Lanka and Zaire. The organization also informed the Special Rapporteur on summary or arbitrary executions of reported deaths in detention or extrajudicial executions or threatened extrajudicial executions in 20 countries: Burma, Chad, Colombia, El Salvador, Guatemala, Haiti, Honduras, India, Indonesia (East Timor), Iraq, Israel/Occupied Territories, Kampuchea, Kenya, Mexico, Palau, the Philip­ pines, Poland, Suriname, Syria and Uganda. In addition, Amnesty International sent him information on death sentences or executions imposed contrary to minimum international standards in 16 countries: Equatorial Guinea, Guinea, Indonesia, Iran, Kuwait, Lebanon, Libya, Malawi, Mauritania, Nigeria, Pakis­ tan, Somalia, Thailand, Tunisia, Turkey and the USA. Where appropriate, the organization asked the Special Rapporteurs and the Working Group to make urgent interventions on behalf of individual victims. Under the procedure established by Economic and Social Council (ECOSOC) Resolution 728F, Amnesty International submitted information on the human rights situation in the following seven countries: Albania, Benin, Brunei, Bulgaria, Paraguay, Turkey and Zaire. Resolution 728F authorizes the UN to receive communications about human rights violations and bring them to the attention of the government concerned. Under Resolution 1503 the UN ex­ amines in confidential proceedings communications and government re­ sponses to determine whether there is evidence of a "consistent pattern of gross violations of human rights" in a country. In March 1987 the Chairman of the Commission on Human Rights stated that the Commission had taken action in closed session with regard to Albania, Haiti, Paraguay and Zaire. He further announced that the Commission had decided to discontinue its consideration of the human rights situation in Haiti under this procedure, while recommending the appointment of an "expert" to offer assistance in human rights protection to the Government of Haiti and to report back to the next session of the Commission. This recommendation was

co co adopted and an expert was appointed later in the year. :!: At the 1987 UN Commission on Human Rights, Amnesty International made statements on human rights in South Africa, torture in individual countries,

..J "disappearances" and extrajudicial executions in some countries and the C Z o importance of ratifying the International Covenants on Human Rights. The

Z� organization submitted written statements on , El a: � Salvador and Iran. Amnesty International also attended the 1987 annual session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, which had not met in 1986 because of budget cuts instituted as a result of the UN's financial crisis. The organization made oral statements on incommunica­ 17 do detention and violations of human rights, detention resulting from people's family connections, the Chittagong Hil l Tracts in Bangladesh, and the right to freedom of expression and the draft Second Optional Protocol to the Interna­ tional Covenant on Civil and Political Rights. This Protocol seeks to abolish the death penalty. In August 1987 Amnesty International delivered statements to the UN's Special Committee on Decolonization about its concerns in New Caledonia and Indonesia (East Timor). Amnesty International continued to submit information to UNESCO's Com­ mittee on Conventions and Recommendations,which examines casesof human rights violations against writers,teachers and others within UNESCO's mandate. In 1987 Amnesty International drew the Committee's attention to cases in Afghanistan, Benin, Bulgaria, China,Indonesia, Turkey,Viet Nam and Yugosla­ via. The organization attended UNESCO's International Congress on Human Rights Teaching, Information and Documentation, as well as its 24th General Conference. At the Conference it made an oral statement on human rights education and awareness, drawing attention to the importance of some of the Congress's recommendations. Amnesty International continued to take part in a joint Non-Governmental Organizations - UNESCO working group on human rights education. The organization continued to make information available to the Internation­ al Labour Organisation (ILO) on violations of the right to free association. As in past years, it attended the annual International Labour Conference in Geneva as an observer. Amnesty International attended the 17th session of the General Assembly of the Organization of American States (OAS) as a "special guest". The General Assembly agreed unanimously to commission a draft optional protocol to the American Convention on Human Rights seeking to abolish the death penalty. Amnesty International sent information on reported human rights violations in 11 countries to the OAS Inter-American Commission on Human Rights - Argentina, Brazil, Chile, Colombia, El Salvador, Guatemala, Haiti, Paraguay, Peru, Suriname and the USA. The organization also submitted an amicus curiae brief on a case involving four unclarified "disappearances" in Honduras to the OAS Inter-American Court of Human Rights. Under the provisions of the African Charter on Human and People's Rights, which entered into force on 21October 1986, the Assembly of the Organization of African Unity (OAU) elected in July 1987 an ll-member African Commission � on Human and People's Rights. The members, who serve in their personal ,., '" z capacity, are elected for six-year terms, although the terms of six of these first � o members will expire after four years and two years respectively. The Commis­ z > ... sion's functions include ensuring protection of the rights specified in the '" Charter, interpreting provisions of the Charter, promoting human rights, � � developing principles and rules to solve human rights legal problems, examin­ iDOD ing inter-state complaints and considering "other communications" which a OD 18 majority of the Commission members consider admissible. During 1987 Algeria, Cape Verde, Libya and Zaire deposited ratifications with the OAU, bringing to 35 the number of States Parties to the African Charter. Amnesty International produced a paper on the OAU and the African Charter as part of its series explaining various international procedures which address allegations of human rights violations. The organization continued its mem­ bership of the OAU's Coordinating Committee on Assistance to Refugees and attended a meeting of that body in Monrovia, Liberia in March 1987. During 1987 Amnesty International continued to seek ratifications to Protocol No. 6 to the European Convention on Human Rights, which provides for the abolition of the death penalty as a punishment for peacetime offences. Iceland and Switzerland ratified the Protocol, bringing to 10 the number of States Parties. In 1987 Amnesty International also continued to develop its contacts with the European Commission, the and the Foreign Affairs Ministers of the 12 member states of the European Community (EC) within the framework of the Council of Ministers and of the European Political Coopera­ tion. In June Amnesty International's secretary general participated in a meeting in Brussels with officials of the European Commission and explained Amnesty International 's methods of research and action. The organization continued to submit information to committees and interparliamentary delega­ tions of the European Parliament and to the members of the European Community-African, , Pacific (EC-ACP) Joint Assembly. In December Amnesty International appeared before the delegation of the European Parliament with responsibility for relations with the member states of Association of South East Asia Nations (ASEAN), the ASEAN inter­ parliamentary organization and the Republic of Korea. The organization presented a statement of its concerns in those countries. The Inter-Parliamentary Union, a non-governmental organization composed of Members of Parliament from 104 countries, maintains a special committee to investigate reported violations of parliamentarians' human rights and to seek redress. During 1987 Amnesty International sent the special committee in­ formation on the situation of present or former Members of Parliament in 12 countries: Chile, Colombia, Equatorial Guinea, Indonesia, Kenya, the People's Democratic Republic of Yemen, the Republic of Korea, Somalia, Turkey, Viet

:: Nam, Zaire and Zimbabwe. �

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AFRICA I ANGOLA

fo rmation. One of those held was CIAudio 21 Pereira Songamaso, director of legal affairs ANGOLA of the Angolan Red Cross Society. He had been arrested in mid-1986, apparently on suspicion of assisting UNITA, and held incommunicado for several months with­ out charge in the security service deten­ tion centre in Luanda. He remained at the centre, known as the "Catete Road prison", until his release in October 1987. Most of those accused of supporting UNITA were held for long periods without trial. They were reportedly detained in Luanda and various provincial capitals, and in detention camps such as Bentiaba Camp, formerly known as Sao Nicolau, in Namibe province. For example, Bernardo Cassueca Sautale, allegedly a local UNITA leader and organizer, was believed to re­ main without trial in Moxico province. Many people were imprisoned for alleged Some detainees were sent to "re­ membership of the UniiioNacional para education" centres for political instruc­ a In dependencia To tal de Angola (UN­ tion with the declared aim of "reintegrat­ ITA), National Union for the Total Inde­ ing" them into society. One such case was pendence of Angola. UNITA, an armed that of Silvestre Kiambulo, a fo rmer opposition group active in many parts of teacher who had joined UNITA's military the country, has received military support force. He was officially reported in January from the South African Defence Force. to be ready for "reintegration" fo llowing a Many of those imprisoned had been period of "re-education" which began in arrested in previous years. Most of them October 1985. were held without charge or trial, Long-term political detainees without although some 10 of these detainees were links to UNITA included a number of tried in January along with other political asylum-seekers. Three Zairian asylum­ prisoners. At least two people were sen­ seekers, all former members of the Forces tenced to death and the real number of armees zairoises (FAZ). Zairian Armed death sentences imposed was believed to Forces, were arrested in December 1985 be higher. It was not known if there were upon arrival in Angola. They remained in any executions. detention through 1987 at Sao Paulo pris­ There was continued fighting in many on in Luanda, although the authorities areas between government troops, which gave no reasons fo r their imprisonment had Cuban support, and UNITA and South and no charges were brought against African military forces. Many people, in­ them. cluding civilians, were reportedly killed Some members of the Tocoist Church in the conflict and both sides accused the were detained for long periods after vio­ other of torturing and killing civilians. It lent disturbances in late 1986 and early was not possible to verify such allegations 1987 on suspicion of opposing the govern­ .. K or attribute responsibility for individual ment. The Church of Our Lord Jesus Christ Z killings. In September there was a major on Earth, known as the Tocoist Church, § prisoner exchange in which Captain had split into two main factions after the i .. Wynand du Toit, who had been captured death of its fo under, Simao Gon�alves ,., la in 1985 in Cabinda, was exchanged fo r 133 Toco, in January 1984. A dispute between Z the fa ctions resulted in the death of two Angolan soldiers held by South Africa. o� z Many alleged UNITA supporters were people in November 1986 near the town of .. ,.. taken prisoner during government secur­ Catete in Bengo province. Jorge Pambu and la ity fo rce operations against UNITA guerril­ ,., other members of one faction were subse­ � las. Others were arrested on suspicion of quently arrested and held in the "Catete == supporting or assisting UNITA by sup­ Road prison" in Luanda. In February Cris­ y; OD plying, for example, food, shelter or in- t6vao Tavares and other members of the OD AFRICAI ANGOLA

22 same faction, some of whom were armed, confirmed. One death sentence imposed in marched to the prison to demand their 1986 on an army captain convicted of release. When violence broke out, two murder was commuted later that year. members of the security fo rces and at least Hundreds of prisoners were held by 30 demonstrators were reportedly killed. UNITA during the year. Some 200 of them, Some unofficial sources estimated the including two Cuban pilots, were paraded number killed at more than 100. Crist6vao before journalists in November at UNITA's Tavares and a number of others were Jamba headquarters in southeastern Ango­ arrested. There were reports that some sect la. Amnesty International also received members who had not been involved in the reports about the killing of prisoners by demonstration were later arrested at their UNITA in previous years. For example, homes and that some of those arrested Aurora Katalaio and several other people during the demonstration, who had incur­ were reportedly accused of witchcraft and red injuries, died from lack of medical put to death in the Jamba area in Septem­ attention in prison. Government spokes­ ber 1983. Aurora Katalaio, the widow of a men later accused the leaders of the dis­ UNITA official, had studied psychology in turbances of subversive action favouring Switzerland over 10 years earlier. opponents of the government. Some of During the year UNITA reportedly those arrested were subsequently released abducted a number of civilians, including without charge, but Crist6vao Tavares and expatriates working in Angola, from areas Jorge Pambu had apparently not been under government control. Three Swed­ charged or released by the end of the year. ish aid workers were captured north of Twenty-nine defendants accused of Luanda in September. One died shortly crimes against the security of the state after his abduction and the other two were were tried by the People's Revolutionary released by UNITA at the end of November. Tribunal in January. Fourteen of them Two nationalist organizations based in were convicted. The charges included Angola, the African National Congress treason, conspiracy, rebellion, and eco­ (ANC) of South Africa, and the South West nomic sabotage. Details of the charges Africa People's Organization (SWAPO) of were not made public, but at least six Namibia, allegedly held prisoners in defendants were accused of committing Angola but their number and the identity politically-motivated offences in connec­ of some detainees were not known. At least tion with UNITA activities. Four others one person was said to be held near an ANC were charged with membership of a little­ camp at Quibaxe in Kwanza Norte pro­ known opposition group, the Movimento vince, although the reasons for his deten­ Nacional de Unidade Socialista Angolano tion and his legal status in Angola were not (MUSA). Angolan Socialist Unity Move­ clear. Some 100 people suspected of ment. Moises Andre Lina, the alleged lead­ spying for South Africa were also believed er of MUSA, was convicted of treason and to be held by SWAPO at a camp in Kwanza sentenced to death. A former major in the SuI province. They included SWAPO activ­ armed forces, he had left Angola in 1977 ists who had been prisoners of conscience for , where he formed MUSA. He detained in previous years by the South later returned to Angola secretly and was African administration in Namibia. arrested in 1983. Three other alleged MUSA Amnesty International was concerned members were convicted with him and about long-term detention without charge

.. given short prison sentences. or trial and sought information from the .. � Felix Mateus Murgar, fo und guilty of government about the imprisonment of � murder by the First District Court in Lobito numerous political detainees. The organ­ in August, was also sentenced to death. ization received no reply. Amnesty Inter­ �'" a:: This case was the first in which an or­ national also appealed to President Jose ...l < Z dinary district court was known to have Eduardo dos Santos to commute the death o imposed a death sentence. Both he and sentences imposed on Moises Andre Lina z� Moises Andre Lina lodged appeals, but the and Felix Mateus Murgar if confirmed on a:: '" .... appeals had apparently not been heard by appeal. !: the end of the year. Unofficial sources

III� suggested that further death sentences '" Z were imposed by Regional Military Tri­ � < bunals but this information could not be AFRICAI BENIN

kou (see Amnesty International Report 23 1987). BENIN During 1987 some of the detainees re­ peatedly demanded to be given a fa ir trial or released. In February a group of prison­ ers held in the Civil Prison in Segbana wrote to members of the National Assem­ bly in Cotonou to explain how their deten­ tion contravened Benin's laws. They also complained about their conditions, stating that they received inadequate food in pris­ on and that they were denied visits from their fa milies. There was a further protest in May, when some detainees in Segbana briefly went on hunger-strike to demand respect for their human rights and medical treatment for detainees in need of it. Some detainees in need of urgent medical treat­ ment were allowed to go to hospital in August, but treatment was withheld as the At least 67 prisoners of conscience con­ authorities had fa iled to pay the necessary tinued to be detained without trial medical fe es. Subsequently, fo llowing throughout 1987, although 11 others were further protests, the Minister of the In­ in a group of 13 prisoners released in terior visited the detainees and they were October. There were also reports of new given medical treatment. arrests of suspected opponents of the gov­ Thirteen of the detainees who had been ernment but none had been charged or held in Sero Kpera camp in Parakou were brought to trial by the end of the year. Two released in October by order of President people were executed in September and Mathieu Kerekou. This had been recom­ one other was sentenced to death in his mended by the President of the Commis­ absence. sion of Inquiry which had interrogated all A number of people were believed to the prisoners of concern to Amnesty Inter­ have been detained fo llowing renewed national during 1986 (see Amnesty Inter­ protests in March by students at the Uni­ national Report 1987). It was reported that versity of Benin. They held a one-day those remaining in custody were to be strike to complain about conditions at the either tried or released shortly, but none university, the non-payment of grants and had been by the end of 1987. a general lack of employment opportun­ At least one person was sentenced to ities. The government claimed that the death in absentia and at least two people strike was organized by a group of anarch­ were executed fo r murder during 1987. ist students and threatened to suppress all The two prisoners, both of whom were unrest "with the utmost vigour". Some executed on 23 September, had been con­ people, mostly students, arrested after the victed of ritual murder and sentenced to strike were still being held without charge death in August 1986. An appeal for or trial at Camp Sero Kpera, where they clemency was rejected on 9 September. were being interrogated. at the end of1987. Amnesty International wrote to the gov­ More than 70 people were held without ernment in March to reiterate its concern trial throughout the year who had been about the prolonged detention without detained in 1985 or 1986 in connection trial of more than 80 people held since with earlier student unrest or on suspicion 1985 or 1986. Amnesty International � of supporting the banned Parti corn­ called for prisoners of conscience to be � muniste du Dahomey, Communist Party of released immediately and uncondi- �

Dahomey. Benin was fo rmerly called tionally, for all other detainees to be ,.� Dahomey. Among them were 67 prisoners brought to trial promptly and fa irly or ; released and fo r impartial investigation of ,., of conscience and six considered likely to � be prisoners of conscience. They were held reports that detainees had been subjected � in two remote prisons: the Civil Prison in to torture during interrogation. However, :;00 Segbana and the Sero Kpera camp in Para- the government did not respond. In April 00 AFRICA / BENIN / BURKINA FASO

24 Amnesty International issued a report which named 88 prisoners of concern to the organization and cited allegations that detainees were tortured by military offi­ cers during interrogation by the Commis­ sion of Inquiry. Amnesty International called publicly for all prisoners of con­ science to be released and for clarification ofthe reasons for detention in several other cases. On 1 October Amnesty International was assured by M. Assani, a member ofthe National Revolutionary Assembly, that all but two of the prisoners of concern to the organization had been released, but this was not correct. He also invited Amnesty International to send a delegation to Benin to investigate this situation first-hand. In still held in October, when President Tho­ December Amnesty International wrote to mas Sankara was overthrown and killed him pointing out the contradiction in the in a military coup. The six were then number of prisoners stated to have been released. Some 40 associates and support­ released, but welcoming the opportunity ers of Thomas Sankara were arrested to discuss matters of concern with the fo llowing the coup, some of whom were authorities in Cotonou. still held without charge at the end of the Following the release of 13 detainees in year. October and reports that the remainder On 15 October President Sankara's gov­ would either be released soon or brought to ernment was overthrown in a coup led by trial, Amnesty International wrote to the Captain Blaise Compaore, the former authorities to urge them not to prosecute Minister of Justice. President Sankara and anyone for peaceful political beliefs or at least 12 other people were killed when activities and to ensure that any trials were troops attacked the government headquar­ conducted in accordance with interna­ ters at the Conseil de l'Entente buildings. tional standards of fair trial. Captain Blaise Compaore then announced Earlier, Amnesty International wrote to the formation of the Front populo ire, the government about the case of Ouaha­ Popular Front, a new ruling body. A new bou Arouna, who was sentenced to death government was formed on 31 October. in absentia in July after being convicted of Troops loyal to President Sankara murder. Amnesty International called for based at Koudougou and led by Captain him not to be executed if he were taken Boukary Kabore refused to support the into custody. new President. The garrison of Koudougou In May Amnesty International submit­ was attacked on 27 October by government ted information about its concerns in troops. Some army officers were reported­ Benin to the United Nations under the ly captured and summarily executed. Cap­ procedure for confidentially reviewing tain Boukary Kabore escaped and fled the communications about human rights country. There was no further active

., violations. The submission was also sent opposition within the armed forces to the ., � to the government, which was invited to new government, which was fiercely criti­ � comment, but without response. cized both at home and abroad for the killing of President Sankara. '"� '" A number of political prisoners were C....I Z released or given reduced sentences in o BURKINA FASO January, including prisoners convicted in �z connection with explosions in Ouaga­ '" '" ... dougou and Bobo Dioulasso in May 1985. !: Some 30 leading trade unionists were Some 12 of these prisoners remained in � arrested in May and June and detained detention. Among the prisoners who re­ '" z without trial for their non-violent opposi­ ceived reduced sentences were Paul � c tion to the government. Six of them were Rouamba, whose sentence was reduced AFRICAI BURKINA FASO from life to 20 years' imprisonment, and communiste-reconstruite (ULC-R). Union 25 four prisoners convicted in 1984 of plot­ of Communist Struggle-Reconstructed, ting to overthrow the government. None of which had participated in the administra- these prisoners received a fa ir tr ial. tion of the Sankara government and which According to some reports, Paul Rouamba was accused of producing and distribut- and those convicted with him in 1984 had ing tracts critical of the new government. not even been present at their trial. Some detainees were released without In late May and early June, fo ur leaders charge but a number were still held at the of the Confederation syndicale burkinabe, end of the year, either at the Conseil de a national confederation, were I'Entente buildings or at the Gendarmerie arrested in Ouagadougou: Sou mane Toure, nationale in Ouagadougou. Some of them Adama Toure, Salif Kabore and Louis­ were reportedly tortured or ill-treated. Armand OualL They were arrestedby local In January Amnesty International re­ committees known as Comites de defense ceived a response from the government to de la revolution (COR), Committees for the an inquiry made in 1986 about a report of Defence of the Revolution. The arrests deaths in custody. Two prisoners alleged­ were approved by the ruling Conseil ly died in May 1986 at the headquarters of national de la Revolution (CNR), National the Direction de la surveillance du terri­ Revolutionary Council, headed by Presi­ toire (OST). the security service, in Ouaga­ dent Sankara. The fo ur were accused of dougou. The government said that an provocation, political sabotage and investigation had fo und no such deaths in issuing "counter-revolutionary" tracts. detention. Subsequently, Amnesty Inter­ Following these arrests, more than 30 national sought further details of the in­ members of various trade unions affiliated vestigation which was said to have been to the CSB were arrested in different towns carried out. The organization also sought by local CORs. Some were reportedly tor­ more details about the trials of alleged tured. Most of them were members of the government opponents which took place Ligue patriotique pour le developpement in 1984 and 1986, attempting to ascertain (L1PAO), Patriotic League fo r Development, whether they had been fair and conducted or the Parti communiste revolutionnaire in accordance with internationally voltarque (PCRV), Revolutionary Com­ accepted standards. Amnesty Inter­ munist Party of Upper Volta. They were national received no response from the all accused of subversion and "counter­ government. revolutionary" activities, although no for­ In December Amnesty International mal charges were brought against them, sought information from the authorities and they appeared to be prisoners of about the reasons and legal basis for the conscience. Some were released within a detentions which fo llowed the October short time but several others remained in coup. The authorities replied that only 11 detention without charge or trial until people were detained under house arrest August. Six of the trade unionists, includ­ for their own security, during investiga­ ing Sou mane Toure, Adama Toure and tions of their activities while holding pub­ Salif Kabore, remained in detention with­ lic office. The authorities said that other out charge or trial until 16 October, when detainees named by Amnesty Inter­ they were released following the coup. national had not been arrested. In June Alidou Ouedraogo, Secretary The info rmation available to Amnesty General of the Syndicat autonome des International indicated, however, that the magistrats burkinabe (SAMAB), the Auton­ total number of political prisoners held omous Union of Burkinabe Magistrates, was considerably higher than 11. Some of was briefly detained and other SAMAB them appeared to be prisoners of con­ z .... magistrates suspended from their work for science, imprisoned solely because of m '" opposing judicial reforms and "revolu­ their peaceful opposition to policies of Z tionary justice". the new government. o� z More than 40 people associated with In December Amnesty International :. ,... the Sankara government were arrested im­ also asked the authorities whether those '" mediately afterthe coup or in November or m released after the coup included detainees � December. They included fo rmer minis­ arrested in May 1985 in connection with � ters and officials. Other detainees were the explosions in Bobo Dioulasso and :D.. members of the Union de lutte Ouagadougou and the five people, includ- .. AFRICA / BURKINA FASO / BURUNDI

26 ing Paul Rouamba, who were tried and were freed. One of the priests, Father sentenced in June 1984. The government Gabriel Barakana, was serving a fo ur-year did not respond to questions about these prison sentence imposed in 1985 after cases. Amnesty International later learned being convicted of insulting the head of from another source that the prison sen­ state. The five others had been held with­ tences imposed on Paul Rouamba and a out charge. However, less than two weeks number of other convicted political pris­ later, one of those freed, Father Jean­ oners had been reduced. Baptiste Ndikuriyo, was rearrested after thanking a church congregation fo r praying fo r his release. He was again de­ tained without trial until September. BURUNDI Several lay members of the Roman arrested in previous years remained in prison until August or September. Three who had been convicted with Father Barakana were freed in August on completing their two-year sentences, while another, Joseph Gacukuzi, was held until the September coup. Others were detained without trial until September: they included Stanislas Manirambona, a businessman and member of Bujumbura Cathedral's Pastoral Council, who was arrested in March 1984 and held fo r three and a half years with no legal proceedings. More Jehovah's Witnesses were arrested during 1987 in the Bujumbura area. Over a dozen members of this banned sect had been detained in early 1986, Many prisoners of conscience were held although some had later been freed. One without charge or trial before President Jehovah's Witness arrested in April 1987, a 'ean-Baptiste Bagaza was deposed in teacher named Ernest Bangirimana, was September 1987 because of their opposi­ reported by eye-witnesses in Bujumbura's tion to government restrictions on reli­ Mpimba Prison to have been seriously gious activities and dominance by the injured by beatings: some sources claimed Tutsi community. The new government, he had died in custody. A number of headed by Major Pierre Buyoya, promptly Jehovah's Witnesses were freed in Septem­ ordered the release of over 200 political ber, but it was not clear what had become prisoners. At least four associates of Pres­ of Ernest Bangirimana. ident Bagaza were arrested, however, and Most of the other prisoners of con­ were reported still to be in custody at the science held before the September coup end of 1987. Many of those imprisoned were members of the majority Hutu com­ before September were held without munity who were critical of the dominant charge or trial, often incommunicado, role within the government of the minority and many were tortured or severely Tutsi community. They were all believed

.. beaten . to have been released by the new govern­ .. � Restrictions on religious activities ment, which included members of the announced in previous years remained in Hutu community, although all the mem­ fo rce until September, when many were bers of the military committee appointed lifted by the new government. They had to run the country in September were resulted in the imprisonment of members members of the Tutsi community. Some of of various Christian churches, including those freed had been arrested in late 1986, Roman Catholic priests and catechists, mainly in Bururi province in the south­ Seventh Day Adventists and Jehovah's west, after confidential instructions to Witnesses. At the end of March, President primary school head teachers in the area Bagaza's government announced the re­ were made public: these required each lease of all imprisoned Roman Catholic head teacher to list pupils who were Hutu clergy; three priests and three catechists and those who were Tutsi. A number of AFRICA I BURUNDI I CAMEROON teachers arrested in late 1986 were re­ 27 leased uncharged in March, but Gervais Nduwayo and several others remained in CAMEROON Murembwe Prison in Rumonge until September. Others arrested at the same time, including a doctor working in Bururi Hospital, Pierre Baricako, were also held until September. Further arrests of well-known members of the Hutu community occurred at the beginning of June. Their names had been on envelopes brought from Europe by Come Minani, an airport technician arrested at Bujumbura airport. Those arrested included Charles Shahuli, a senior civil servant, and Deo-Marcel Minisha, a teacher in Kamenge. No charges were announced against those arrested. Come Minani was alleged to have been tortured, apparently because he was sus­ pected of being a courier for a clandestine At least 40 political prisoners were held in opposition group. Following the Septem­ Cameroon throughout 1987, mostly after ber coup, government sources reported unfair trials fo llowing a coup attempt in that all those arrested in June had been April 1984. During the year several jour­ released. nalists and an academic were detained for Amnesty International learned of one short periods on account of their political death sentence imposed during the year, in views. One Jehovah's Witness was sen­ February, on a man convicted of murder. tenced to prison, while others were re­ In September the new government an­ leased from detention without trial. Death nounced that all sentences of death were sentences continued to be imposed and being commuted to prison sentences, but it there were reports for the first time in was not known how many prisoners were many years of public executions. Ref­ affected. ugees from Chad were detained in Yaoun­ Following the September coup, the new de, the capital city, where they faced the government criticized President Bagaza risk of being returned to Chad. for ordering the arbitrary detention of In June Augustine Kong, a Jehovah's opponents of his government and released Witness, was sentenced to two years' im­ more than 200 political prisoners. Four prisonment by the Limbe court of first senior officials in President Bagaza's instance on a charge of practising a banned administration were arrested and were religion. Documents published by the still detained at the end of 1987: two Jehovah's Witness sect, banned in Came­ fo rmer government ministers, a fo rmer roon since 1970, were fo und in his posses­ head of the national security service and a sion and Augustine Kong admitted being a police chief. All fo ur were reported to be member. This was the first known trial of a accused of or embezzlement, Jehovah's Witness in Cameroon. Other although no fo rmal charges were members of the sect have been held with­ announced. out trial. Two Jehovah's Witnesses- Andre Between January and September, Beyegue Yakana and Njiofack Paris - who Amnesty International appealed for the had been detained without charge or trial release of several dozen prisoners of con­ since 1984, were released during 1987. science whose identities were known. In Other prisoners of conscience, mostly June the organization published a report journalists, were held for relatively short about the imprisonment of prisoners of periods during 1987. In January two jour­ conscience and detention without trial in nalists from the Ca meroon Tribune news­ Burundi. In addition, Amnesty Inter­ paper were held fo r nearly a month. Zam­ national appealed for the release of 15 bou Zoleko and Jean Mboudou were ques­ prisoners whose cases were described in tioned about the publication in their news­ the report. paper of the text of a presidential decree, AFRICA/CAMEROON

28 which had already been published in the Their trials were held in camera and some Official Gazette. Jean-Claude Ottou, a tele­ of the accused had no legal representation vision journalist, was detained for eight or were represented by state counsel months without trial after his arrest in assigned just a few hours before the trial. April, fo llowing the publication of a pam­ There was no right of appeal to a higher phlet critical of the government. court and, in at least one case, there were In April four Ca meroon Tribune jour­ serious doubts about the independence of nalists and a university professor were the judges who presided at the trial. detained for five days aftera public confer­ Several possible prisoners of con­ ence on political literature in Cameroon. science detained for reasons unconnected The journalists were apparently detained to the 1984 coup attempt remained in because of an article which criticized some prison throughout the year. They were not of the conference participants who were held under any formal preventive deten­ closely associated with the government. tion procedure, no move was made to Professor Ambroise Kom had made re­ charge or try them and they had no oppor­ marks during the conference which were tunity to challenge their continuing deten­ deemed critical of the head of state. tion. They included Ambroise Medjiadeu, Most ofthe political prisoners known to a teacher from Garoua who was arrested in be held in 1987 had been imprisoned after 1985, apparently on account of his politi­ an unsuccessful attempt to overthrow the cal views. He was held in Tchollire deten­ government in April 1984. Some had been tion camp. Frederic Batoum and Samuel sentenced to terms of imprisonment after Zeze, two supporters of the opposition unfair trials before a military tribunal, and political party, the Union des populations were still held in prison after the expiry of du Ca meroun (upe), Union of Cameroon­ their sentences. Others who had been ac­ ian Peoples, were arrested in late 1985, quitted by military courts were nonethe­ released in August 1986 and then rear­ less imprisoned. For example, Nana rested in November 1986. They too were Hamadou, former director of the Governor apparently detained on account of their of Adamaoua's Office, completed his sen­ non-violent political activities. tence in August 1986 but had not been Several long-term untried political de­ released by the end of 1987. Moudio Hildi­ tainees were released during 1987, includ­ na, former assistant to the Prefect of Mbal­ ing two detainees, Max Abessolo and Luc mayo, also remained in custody although Minkoulou, who had been held since 1979 he was due for release in December 1986. for suspected involvement in a coup No new charges were brought against attempt. either prisoner and the authorities did not At least 12 refugees from Chad were explain their continued imprisonment. arrested in Kousseri in northern Cameroon As many as 10 people arrested after the in April 1987 and were still held at the end 1984 coup attempt were still believed to be of the year. The Cameroonian authorities detained without trial in 1987. In January gave no reason for their detention. Amnes­ at least four went on hunger-strike in ty International was concerned that they support of their demand fo r fair trial or might be tortured or killed extrajudicially release; the authorities are not believed to if returned to Chad. In the past Chadian have reacted to this demand. Information refugees have reportedly been abducted by received during the year indicated that a members of the Chadian Security Service

.. number of those detained without trial from the Kousseri area ofCameroon, taken � may have been arrested after the coup back to Chad and summarily killed. attempt solely because of comments they Amnesty International therefore urged the o� CL had made about it. Among them were Cameroonian authorities not to return '" "" Christophe Zangbou and Jean Ngogang, these refugees forcibly to Chad. .... c z two electricians at a brewery in Bafoussam An unknown number of death sen­ o who were arrested in May 1984. Since tences were imposed and there were at z� 1985, both have been held in Yoko labour least two executions during the year. Most "" '" � camp. death sentences were imposed for murder, !: Many of those convicted in 1984 and but they were also imposed in at least five � still held in 1987 were tried by military cases for "aggravated theft", a broadly '" z courts which did not conform to interna­ defined offence. On 28 August two public � c tionally recognized standards of fa irness. executions were carried out in Douala AFRICA / CAMEROON / CAPE VERDE / CENTRAL AFRICAN REPUBLIC amid considerable publicity. They were National Assembly. Two other people 29 the first public executions known to have were given suspended sentences and fined taken place for many years. Both prisoners for the same offence. Having lodged an had been found guilty of murder and aggra­ appeal to the Supreme Court, Joao Alfredo vated theft. Fortes Dias was provisionally released. Amnesty International sought the un­ Arlindo Gonltalves, a 19-year-old sus­ conditional release of Augustine Kong, pected of arson, died in police custody on who was held as a prisoner of conscience the island of Brava in early November, on account of his religious affiliation. apparently as a result of torture. Two Amnesty International investigated the others arrested with Arlindo Gonltalves reasons for the imprisonment of the poli­ were also reported to have been severely tical prisoners held during 1987 and beaten. Three police officers responsible pressed the authorities to release those for the custody of the three men were political prisoners held beyond the expiry arrested. of their sentences if no new charges were to In July Cape Verde acceded to the Afri­ be brought against them. In April Amnesty can Charter on Human and People's International wrote to President Paul Biya Rights. in detail on its concerns about a number of Amnesty International asked the gov­ political prisoners' cases and submitted ernment about the precise nature of the recommendations relating to measures charges against the three people convicted needed to protect human rights. However, in November in Mindelo to determine there was no response from the whether they had been convicted of a government. recognizable criminal offence or for ex­ pression of their non-violent opinions. The organization also expressed concern about the allegations of torture and ill­ CAPE VERDE treatment of the three prisoners in Brava.

CENTRAL AFRICAN REPUBLIC

Three people were convicted after politi­ cal slogans were painted on walls in Min­ :. I: delo in November. On the island of Brava z m one prisoner died after he and two others Cl> were reportedly tortured. ::;l z... In November Joao Alfredo Fortes Dias m '" was sentenced to nine months' imprison­ Several prisoners of conscience were held Z ment and a fi ne for painting political slo­ throughout the year and two of them were o� z gans on walls in Mindelo. The slogans tried and sentenced to three years' impris­ :. ... were judged to have libelled a politician onment. Suspected government oppo­ '" m nents were arrested but none of them had and to have defamed the ruling Partido � Africano da lndependencia de Cabo Verde been tried by the end of the year. The trial � .. (PAICV), African Party fo r the Indepen­ of the former head of state, Jean-Bedel '" OD dence of Cape Verde, and the People's Bokassa, ended in June, when he was OD AFRICA I CENTRAL AFRICAN REPUBLIC

30 sentenced to death. This sentence was ty, was charged with inciting people to confirmed upon appeal but neither this disobey government regulations and in­ nor three other death sentences imposed sulting government officials. She was in 1982 had been carried out by the end of placed under house arrest in November the year. 1986, after alleging that government offi­ Under the terms of the Constitution cials had stolen diamonds. She was trans­ adopted in November 1986, all political ferred to prison after arranging for children activities outside the framework of the in her neighbourhood to distribute leaflets newly created Rassemblement du peuple repeating the allegations. Although the centrafricain (RPC), Central African Peo­ truth of her claims was not examined in ple's Alliance, were banned. These terms court, she was sentenced to imprisonment effectively perpetuated the ban on politi­ for having made the claims. cal opposition groups which President The trial of Jean-Bedel Bokassa before Andre Kolingba imposed when he took Bangui's Central Criminal Court lasted power in 1981. When several supporters from December 1986 until June 1987, of opposition groups who had been living when he was convicted on four of the 14 abroad returned to the country, they were charges against him and sentenced to detained upon arrival. death. The charges were the same as those A series of arrests in Bangui was re­ on which he was tried in absentia in 1980. ported in September and October. The Although the prosecution used the trial to detainees allegedly had possessed explo­ explore the fate of dozens of political sives, but none of them had been charged prisoners who died while he was in power or tried by the end of the year. These from 1966 until 1979, the charges against arrests occurred soon after 20 members of him related only to the 38 deaths ad­ the Lebanese community in the country dressed at his first trial. He denied respon­ had been expelled for alleged involvement sibility fo r these deaths and the hearings in the hijacking of an airplane flying from between December 1986 and March 1987 the neighbouring People's Republic of the primarily examined evidence about his Congo to France. alleged complicity in the deaths ofparticu­ Three people considered by Amnesty lar prisoners. International to be prisoners of conscience The prosecution was unable to prove were imprisoned throughout the year. One that Jean-Bedel Bokassa had been directly of them, Walidou-Bachir, was held with­ involved in murdering prisoners, but a out charge or trial. He had been arrested in number of witnesses testified in court that November 1986, apparently after he criti­ the climate of fear prevailing while he was cized the new Constitution. in power had precluded the necessity fo r The two others, Thomas Koazo and specific orders to kill prisoners. Evidence Jeanne-Marie Ruth-Rolland, were tried in before the court indicated that government August and sentenced to three-year prison officials who were not facing charges had terms by the Special Tribunal. This court also caused prisoners' deaths. was established in 1981 to try all political The fo ur counts on which Jean-Bedel cases. The trial procedures did not differ Bokassa was convicted are: conspiracy to from those of other courts, but defendants murder, illegal arrest and detention of convicted by the Special Tribunal were not children, illegal detention of other prison­ allowed to appeal to a higher court. ers and embezzlement of public fu nds.

., Thomas Koazo, a journalist, was Throughout the trial he was assisted by ., � arrested at the end of October 1986, after he French and Central African lawyers. Fol­ to had reported that a meeting took place lowing his conviction, he lodged an appeal between President Kolingba and the for­ with the Cassation Court and the appeal '"� '" mer head of state soon after Jean-Bedel was rejected in November. By the end of .... c z Bokassa returned to the country in October the year, the death sentence imposed on o 1986. Thomas Koazo was charged with him had not been carried out. z� misinforming the public. No clear evi­ An Amnesty International observer '" '" >- dence was produced at his trial that his attended the opening and closing sessions ! reports had been incorrect. He refused to of the trial, as well as several weeks of

III� disclose the source of his information. hearings on the deaths of children and '" z Jeanne-Marie Ruth-Rolland, a fo rmer political prisoners. The observer noted :E c president of the national Red Cross Socie- that the defendant and his lawyers were AFRICA I CENTRAL AFRICAN REPUBLIC I CHAD

able to speak freely. c1uded relatives of government oppo­ 31 However, five witnesses were arrested nents. New information was received in the courtroom during the trial. One of about several deaths in detention and the witnesses was sentenced immediately about extrajudicial executions allegedly to one year's imprisonment: Patrice Zemo­ committed by government fo rces in 1986. niako, the mayor of Bangui in 1979, was The fa te and whereabouts of many people convicted of contempt of court after he who "disappeared" in custody in previous refused to obey the court's instruction that years remained unclear. he stop repeating an allegation of French Fighting resumed between government intervention in his country's affairs. A troops and armed opposition groups both former gendarme testifying about the in southeastern and northern Chad. In death of a fo rmer government minister was August there were clashes between Chad­ charged with the official's murder and a ian and Libyan fo rces over the disputed fo rmer accountant was charged with Aouzou strip. However, armed groups embezzling public funds. Two other wit­ supporting the Gouvernement d'union nesses were charged with perjury. The national de transition (GUNT). Transition­ evidence against them was weak and al Government of National Unity, the Amnesty International was concerned that coalition which had governed Chad be­ their arrests may have intimidated others tween 1979 and 1982, no longer con­ waiting to give testimony, thereby pressur­ trolled substantial territory in northern ing them to give evidence that was more Chad. Some groups that had supported favourable to the prosecution than they the GUNT were reconciled with the govern­ might otherwise have given. ment and integrated into the regular army. Amnesty International sought the re­ In the southeast, armed groups com­ lease last year of three prisoners of con­ posed mainly of members of the Hadjeral science. It appealed fo r the commutation ethnic group clashed with government of the death sentence imposed on Jean­ fo rces. A new armed opposition group Bedel Bokassa, as well as the death sen­ formed at the end of 1986, the Mouvement tences imposed in 1982 by the Special pour le salut national du Tchad (MOSA­ Tribunal on three people who remained NAT), Movement for the National Salvation imprisoned (see Amnesty International of Chad, was active in the Guera, Salamat Report 1983). and Moyen Chari regions. Many suspected opponents of the gov­ ernment were believed to be held without trial throughout 1987. No one is believed CHAD to have been brought to trial for alleged political offences since President Hissein Habre came to power in 1982. Those de­ tained were held in various places in N'Djamena: at the headquarters of the Direction de la documentation et de la securite (DDS). the national security ser­ vice; at a building belonging to the Societe tchadienne d'energie electrique (STEE), the Chadian Company of Electric Energy; at

the headquarters of the Brigade speciaJe :. I: d'intervention rapide (BSIR), Special z Rapid Intervention Brigade; at the head­ '" quarters of the gendarmerie, the rural � z .... security fo rces; and in the President's '" '" headquarters. z Conditions of imprisonment at all of o� these detention centres were reported to be z :. Many opponents or alleged opponents of r- harsh. During 1987 information was re­ '" the government, including prisoners of ceived about a number of deaths in deten­ '" � conscience, were detained without trial tion in 1986. The victims were said to := and held incommunicado throughout include Alhadj Dana Iyo, Hassana Tom ...:D 1987. Those arrested during the year in- and Boulama Hassana, all of whom had ... AFRICA I CHAD

32 been arrested in April 1986 for allegedly ample, Abdellatif Tidjani, a security offi­ supporting an opposition group. They cer at N'Djamena airport, was arrested in were reportedly held at the BSIR, then March. He had apparently sent a letter to transferred to the DOS headquarters fo r his brother-in-law, a fo rmer security offi­ interrogation and moved again in May cial who had left Chad and was suspected 1986 to the gendarmerie. Alhadj Dana Iyo of opposing the government. Moussa and Boulama Hassana died there in May Konate, a teacher who had been arrested in 1986; Hassana Tom died in August of that April 1986 in N'Djamena, also remained in year. The deaths were apparently caused detention. He is the uncle of Ma hamat Sidi by malnutrition, deliberately harsh prison Baby, an opponent of the government who conditions and lack of medical treatment. had escaped from custody in 1986. After In November Guilou Hassane, who was the escape, five of Mahamat Sidi Baby's detained for over two years, died in a relatives were arrested. All of them except secret detention centre where conditions Moussa Konate were later released. were also harsh. The DOS arrested more than 30 people It was reported in 1987 that a number of belonging to the Hadjera'i community, in­ people who had voluntarily returned to cluding civil servants and businessmen, Chad in 1986 after seeking asylum abroad at the end of May and in June in N'Djame­ had been arrested on arrival in Chad. na. The arrests occurred after they had Reports said that in some cases they were protested against the killing of an elderly detained for long periods and in others Hadjera'i dignitary by members of the killed in detention. Abdoulaye Awidjeli security fo rces belonging to the Gorane, Bichara, an asylum-seeker who returned to the ethnic grou p to which President Habre N'Djamena from the Federal Republic of belongs. All those detained were still held Germany in April 1986, was detained on incommunicado without charge or trial at arrival by the DOS and died fo ur days later the end of the year. at the DOS headquarters as a result of Saleh Gaba, a Hadjerai journalist, was torture. Fadoul Bechir Haggar and arrested in mid-June, apparently on suspi­ Abdoulaye Abdelrazik, who returned in cion of opposing the government. He had 1986 from Sudan and Cameroon respec­ been detained previously on two occa­ tively, were said to have been executed sions: in December 1981, when the GUNT extrajudicially in N'Djamena in October was in power, and for one month in late 1986 by members of the Securite pre­ 1984. Radio Tchad, the official radio ser­ sidentielle (SPj, the presidential security vice, confirmed that he was arrested in service. Two others who returned from a June, saying that he was serving a prison neighbouring country, Hadja Merami and sentence for killing two villagers and fo r her daughter Azzina Sako, were arrested in illegally possessing a weapon. Unofficial February 1986 on arrival in Chad and held sources, however, confirmed that he was in secret detention throughout 1987 at the held incommunicado and had not been STEE building in N'Djamena. tried. He was still held in secret at the end Arrests of suspected government oppo­ of 1987. nents were also reported during 1987. Information was received during 1987 Mabrouka Houni Rahil, a businesswoman about a number of extrajudicial executions who had supplied food to the armed forces alleged to have taken place in 1986, when of the GUNT when it was in power in the many suspected members of armed

.. early 1980s, was arrested a few weeks after opposition groups were reportedly ! she returned to Chad in July fo llowing five arrested, secretly detained and killed .. co: years abroad. She was apparently assured without any form of judicial procedure . by the authorities that if she returned, her For example. N'Gamani Abba was said to �... co: teenaged daughter, Mardie Ibrahim, would have been abducted in February 1986 from ...J C Z be released from detention. However, both Kousseri in neighbouring Cameroon by o Mardie Ibrahim and her mother remained members of the Chadian security service. z� in detention at the end of 1987. Other They held him at the DOS headquarters in co: ... members of the fa mily were also held N'Djamena until the night of 22 April ! briefly. 1986, when he was taken to the President's Those detained included a number of headquarters and summarily executed. people held on account of fa mily connec­ There were further allegations of extra­ tions with government opponents. For ex- judicial executions in 1987 but by the end AFRICA / CHAD / COMOROS

of the year, Amnesty International was 33 unable to confirm individual cases. The whereabouts and fa te of a large number of GUNT combatants and civilians imprisoned after fighting at Faya Largeau in July 1983 remained unclear. Unofficial reports suggested that some of them had been summarily killed by government troops. Amnesty International also obtained no further information about the "disappearance" of six civilians arrested at Abeche in July 1983 (see Amnesty Inter­ national Report 1986). Amnesty International continued to urge the government to clarify the fate of the prisoners who reportedly "dis­ appeared" and to investigate allegations of extrajudicial execution. In June the organ­ serving sentences of life imprisonment. ization urged the government to release all The other fo ur were civilians and were all prisoners of conscience and to ensure that members of the Front democratique des all other detainees be fa irly and promptly Comores (Foe), Democratic Front of the tried or released. Amnesty International Comoros, who did not receive a fair trial. also called fo r the implementation of spe­ They were believed to be prisoners of cific measures to protect human rights and conscience. Two of the four were released for an impartial investigation into the in August but the other two - Moustoifa death in detention during 1986 of SaId Cheikh, the Foe's Secretary General, Abdoulaye Awidjeli Bichara. However, and Abdou Mhoumadi - remained in pris­ the government did not respond. on serving sentences of life imprisonment In September Amnesty International and eight years respectively. They were published a report, Republic of Chad: held in M'de and Voidjou military camps. "Disappearances", Extrajudicial Execu­ Other prisoners who were convicted in tions and Secret Detention, and renewed July 1986 for belonging to the Foe were its appeal for the release of prisoners of released during the year. Of 42 prisoners conscience and fo r the fa ir and prompt convicted, 18 were still held at the begin­ trials of all other political detainees. ning of 1987: 13 were released in January by the President and the five others were believed to have been freed after complet­ ing their sentences. COMOROS New politically-motivated arrests were reported during the year. Four supporters of the Foe were arrested in early January Two prisoners of conscience and 16 other but released uncharged soon afterwards. In political prisoners sentenced after unfair March at least 200 members and support­ trials in 19.8 5 and 1986 remained in prison ers of opposition parties were reported to throughout 1987, although others were have been arrested at the time of elections released. Members of opposition political to the Federal Assembly, but they too were parties were reported to have been briefly released after a short time. All 42 seats of detained at the time of elections in March. the Federal Assembly were taken by the More than 40 people were arrested at the ruling and sole legal party in the Comoros, z .... end of the year and accused of involve­ l'Union comorienne pour le progres, the m '" ment in a coup attempt. Some were re­ Comorian Union for Progress. Z ported to have been tortured and at least At least 40 people were reportedly o� three were said to have died in custody. arrested in late November and early De­ = ... Twenty prisoners sentenced in Novem­ cember, fo llowing what the authorities '" ber 1985 fo r alleged participation in a coup said had been an unsuccessful coup m � attempt were still in prison at the begin­ attempt. The government alleged that a � ning of the year. Sixteen had been mem­ group of unarmed people, some of whom .. � bers of the Presidential Guard and were were former members of the Presidential OD AFRICA / COMOROS / CONGO

34 Guard and Comorian Armed Forces, had in September, allegations were received attempted to enter Itsundzu prison in that some detainees had been tortured. A order to seize arms and to free the members number of Zairian refugees living in the of the Presidential Guard sentenced to life People's Republic of the Congo were imprisonment in November 1985. arrested in October but most had been A number of those arrested were re­ released by the end of the year. ported to have died as a re sult of torture In July several senior members of the while they were in the custody of fo reign security fo rces and civilians were arrested mercenaries working as officers in the and detained incommunicado on suspi­ Presidential Guard. Among the victims cion of supporting former President were Ali Ngaya. from Badjini in the south Joachim Yhombi-Opango and conspiring of the island of Grand Comore; Ali Wadili. against the present government. They in­ aged 19; and Idi Boina from the capital, cluded Colonel Blaise Nzalakanda. who Moroni. The dead bodies of these three had been a prisoner of conscience fro m men were described by eye-witnesses as 1984 to 1986. He was released without having been mutilated. suggesting they charge a few weeks after his arrest in 1987. had been tortured. The other detainees Others detained included Lecas Atondi were still held incommunicado at the end Monmondjo. director of the Office notion­ of the year without having been charged or al des librairiespopulair es (ONLP). Nation­ tried. al Office of Peoples' Bookshops. and Amnesty International continued to Lieutenant-Colonel Henri Eboundit. Dep­ appeal to the government to release uty Chief of Staff of the Armed Forces. prisoners of conscience Moustoifa SaId Both men were still held at the end of the Cheikh and Abdou Mhoumadi. Amnesty year without charge. trial or referral of International also expressed concern to their cases to a court or judicial authority. the authorities about reports that at least Lieutenant-Colonel Eboundit was re­ three people arrested in late 1987 had died portedly tortured. as a re sult of torture. and called for an The army clashed in September with urgent investigation. supporters of the former President. Armed encounters took place in Owando, in the northeast of the country. after officials and troops entered the area to investigate sug­ gestions that the former President and one CONGO of his associates. Pierre Anga. had been involved in the conspiracy. Government troops launched an assault against barri­ cades erected around Owando and took control of the town. According to the government. fo ur people were killed dur­ ing the assault on Owando. Unofficial sources claimed that the true number was much higher. Some 60 or 70 people were arrested.but Pierre Anga and fo rmer President Yhombi­ Opango were reported to have escaped. The fo rmer President later gave himself up. Those detained included a Roman Catholic priest. Father Joseph Ndinga. a prisoner of conscience accused of support­ ing the rebels after he advised his con­ gregation not to get involved in the con­ Four prisoners of conscience arrested in frontation. All were still being detained 1986 were held without trial throughout without charge or trial at the end of the the year. Several political prisoners con­ year. victed in 1986 were still held, some of The government continued to detain whom may have been prisoners of con­ four other prisoners of conscience without science. Following arrests of suspected charge or trial throughout 1987. Georges government opponents in July and again Mafouta-Kitoko. Christophe Samba and AFRICA / CONGO / COTE O'IVOIRE

Florent Kihoulou were arrested in April enforcement of existing legal safeguards 35 1986, apparently on suspicion of meeting against arbitrary detention and torture. to discuss the political situation in the Amnesty International also called for country. They were detained, without those convicted by the Revolutionary being referred to the Procuracy, by the Court of Justice to be allowed to appeal state security service. Jean-Felix Demba­ against their conviction and sentence to a Ntelo also remained in security service higher court and for the death sentence custody without charge or trial at the end imposed on Claude-Ernest Ndalla to be of 1987. He was arrested in December 1986 commuted. for allegedly producing a leaflet in support Amnesty International appealed in of Jean-Pierre Thystere-Tchicaya, a former 1987 for the release of Georges Mafouta­ senior official of the ruling party (see Kitoko and the two prisoners of conscience Amnesty International Report 1987). arrested with him and detained without Claude-Ernest Ndalla, who was sen­ trial since 1986. The organization also tenced to death in August 1986 after con­ adopted Jean-Felix Demba-Ntelo and viction for a 1982 bomb attack at Brazza­ Father Joseph Ndinga as prisoners of con­ ville airport, remained under sentence of science and investigated the cases of death throughout 1987. others arrested during the year, such as Three of his co-defendants who were Lecas Atondi Monmondjo, who might be sentenced to 20 years' imprisonment, prisoners of conscience. Following the Daniel Biampandou, Claude Kembissila arrest of security force personnel in July, and Gaspard Kivouna, remained in prison Amnesty International sought assurances throughout the year. Amnesty Inter­ that they were not being tortured and that national was concerned that their trial had their cases would be addressed within the not been fair and that Daniel Biampandou fra mework of the law. In reply to renewed and Claude Kembissila might be prisoners appeals for Claude-Ernest Ndalla's death of conscience. Jean Bouissou, a French sentence to be commuted, the Minister of national who was convicted with them Justice said in February that appeal fo r and sentenced to 10 years' imprisonment, clemency was still under consideration. was released in January and expelled from the country. In October at least a dozen asylum­ seekers of Zairian nationality, some of COTE O'IVOIRE whom were recognized as refugees by the officeof the United Nations High Commis­ sioner for Refugees, were arrested. Among them was Boy Buta Lumbwele Jacques, a journalist working fo r the I'agence France­ Presse (AFP) news agency. No reason was given for the arrests, which may have resulted from their political activities in opposition to the Government of Zaire. By the end of December, all but two had been released without charge. In February Amnesty International sub­ mitted a 27-page report about the August 1986 trial before the Revolutionary Court of Justice to the Minister of Justice and other government officials. The report de­ tailed Amnesty International's reasons for concluding that the trial was unfair (see At least 15 trade unionists were arrested, Amnesty International Report 1987), criti­ apparently for political reasons, in cized the unlimited powers of the state September and October. Two of them security service to detain suspects incom­ were released before the end of the year municado, and referred to reports that but at least 10 others were known to have defendants had been tortured. It recom­ been fo rcibly conscripted into the army as mended specific measures to prevent hu­ a form of punishment. The three other man rights violations and to ensure trade unionists were convicted on crimi- AFRICA I COTE D'IVOIRE I DJIBOUTI

36 nal charges which appeared to be politi­ that the reason for their conscription was cally motivated. "civic and moral education". In the past, In March Robert Gbai Tagro, the leader journalists and students who participated of an unrecognized opposition party, the in demonstrations or criticized the gov­ Parti repub/icain de Cote d'lvoire, Repub­ ernment have been restricted or punished lican Party of Cote d'lvoire, was arrested by forcible conscription. along with some 30 members of the party Nine students detained without charge because they had applied for permission to or trial since November 1985 fo r partici­ hold a party congress. All were released pating in a strike were reportedly released after a few weeks. before November 1987. They had been In July the elections of the executive held at the same military camp in Seguela. committee of the Syndicat national des Amnesty International considered enseignants du second degre de Cote d'l­ those conscripted into the army to be voire (SYNESCI), a secondary school prisoners of conscience, effectively re­ teachers' trade union, was disputed by stricted on account of their support for the many members of the union. The fo rmer SYNESCI trade union's fo rmer leaders. In union leadership claimed that the elec­ December the organization appealed to tion had been fraudulent and refused to the government for their release. Amnesty give the new committee access to union International was also concerned that funds. The fo rmer leadership ofthe SYNES­ Laurent Akoun and the two others sen­ Cl, one of the few independent trade un­ tenced with him might be prisoners of ions not affiliated to the ruling party, had conscience, held on criminal charges that been critical of the government's educa­ were politically motivated. In addition, tion policy, whereas the new committee they appeared to have been subjected to received encouragement from members of deliberately harsh conditions in pre-trial the government. custody. In September the former secretary general of SYNESCI, Laurent Akoun, and two fo rmer treasurers of the union were arrested and charged with embezzling the DJIBOUTI union's fu nds. They were held for three months in pre-trial detention, during which, in contravention of normal pro­ cedures, they were denied fa mily visits. They were convicted in December by a court in Abidjan on charges of withholding the SYNESCI's fu nds from the new execu­ tive. Laurent Akoun and Yaya Traore re­ ceived six-month prison sentences and Stephan Vangah was sentenced to four months' imprisonment. At the time oftheir trial, the legitimacy of the new executive committee was still under investigation by a labour court and the trial judge refused to allow discussion of this question.

.. Other former SYNESCI officials and .. � some union members protested in the weeks fo llowing the three arrests, At least Several recognized refugees and asylum­ I;

escaping back to Djibouti. where they 37 reapplied for asylum. Seven Ethiopian refugees who had been granted asylum in Djibouti were arrested in June and forcibly returned to Ethiopia. This incident followed a demonstration in Djibouti by people whose asylum applica­ tions had been rejected. In all. 103 Ethiop­ ians were rounded up after the demonstra­ tion. Some of them were beaten and all were then forced into a sealed train which took them to the Ethiopian border. At the border they were handed over to the Ethi­ opian authorities. The seven Ethiopians who were recognized refugees escaped and returned to Djibouti. where their re­ fugee status was subsequently respected. There was an unconfirmed report that one in July 1986. They included Guillermo of the others expelled to Ethiopia. a former Nguema Ela Mangue. a fo rmer Minister of army lieutenant. was imprisoned by the Finance; Tarsicio Mane Abeso. an official Ethiopian authorities. in charge of diplomatic missions in the There were allegations that other asy­ Ministry of Foreign Affairs; and Damian lum applicants resident in Djibouti. some Ondo Mane. the former National Director from Ethiopia and some from Somalia. of the Bank of Central African States. All were forcibly returned to their countries of six had been convicted by a military court origin fo llowing mass arrests of suspected in August 1986 of "insulting the Head of illegal immigrants. State" and sentenced to 28 months' Amnesty International investigated imprisonment. allegations of forcible return but was not The trial of these prisoners in August able to obtain sufficient details to confirm 1986 was unfair (see Amnesty Inter­ that those returned were. in fact. asylum­ national Report 1987) and Amnesty Inter­ seekers or that they risked unjust impris­ national investigated reports that at least onment. torture or execution if returned to some were prisoners of conscience. Like their country of origin. other trials of political prisoners which have taken place in Equatorial Guinea. it fa iled to conform to international stan­ dards in several important respects. Five EQUATORIAL unfair trials. which took place between GUINEA September 1979 and August 1986 and resulted in a total of 12 death sentences and 11 executions. were described in a Six political prisoners sentenced after an 13-page report. Military Trials and the Use unfair trial in 1986. some of whom may of the Death Penalty in Equatorial Guinea. have been prisoners of conscience, were published by Amnesty International in reportedly freed in an amnesty in Octo­ May. At each trial the presiding judge was ber. They had been convicted of insulting a serving member of the government. > � the head of state. Six other political pris­ which raised serious doubts about the z oners sentenced at the same trial re­ courts' impartiality. ... mained in prison at the end of 1987. According to military law in Equatorial � z ..... The six who were released were among Guinea. both civilians and members of the ... .. some 50 prisoners. including ordinary cri­ armed fo rces accused of offences against z minal offenders. who had their sentences state security may be tried by military o� z reduced in a measure of clemency to mark courts under "most summary" procedures > r- the 19th anniversary of independence on which limit the rights of the accused and .. ... 12 October. The six. all fo rmer senior powers of defence counsel. For example• � government ministers or officials. had the defence has no right to challenge the � been arrested fo llowing the discovery of an fi ndings of the judge who carried out the 00:;; alleged plot to overthrow the government pre-trial investigation. The accused. 00 AFRICAI EQUATORIAL GUINEA I ETHIOPIA

38 whether military or civilian, must be de­ in which political prisoners were held fended by a serving military officer, there­ were harsh. Appeals to the authorities by re stricting their rights to counsel of regarding political prisoners who had their choice. Under the "most summary" "disappeared" between 1979 and 1986 procedures, defendants have no right to and who were believed to have been appeal against their conviction and sen­ secretly executed received no response. tence, even if they have been sentenced to Fighting between government and death. opposition fo rces continued during 1987 In May Amnesty International urged in Eritrea, Tigray, Wol lega, Hararghe and the government to take steps towards mak­ other regions. Civilians in these areas sus­ ing existing laws and practices consistent pected of collaborating with opposition with international standards of fa ir trial. forces were reportedly detained and in The government did not respond in detail many cases ill-treated. to Amnesty International, but in Septem­ A new Constitution was adopted in ber Equatorial Guinea acceded to both the February, stating that Ethiopia is a Peo­ International Covenant on Civil and Pol­ ple's Democratic Republic with only one itical Rights and its Optional Protocol political party, the Worker's Party of which permits the monitoring body, the Ethiopia. In September the People's Demo­ Human Rights Committee, to receive com­ cratic Republic of Ethiopia was inaugu­ plaints from individuals. Article 14 of the rated and the new National Assembly Covenant contains the requirement that (Shengo) elected as President Mengistu the authorities institute guarantees of fair Haile-Mariam, the fo rmer chairman of the trial, which in the past have been denied to dissolved Provisional Military Adminis­ defendants tried by Equatorial Guinea's trative Council (PMAC, known as the military courts. Amnesty International Dergue), which had ruled the country welcomed Equatorial Guinea's accession since the 1974 revolution. to these international human rights Detailed information about political instruments. prisoners was difficult to obtain. The authorities disclosed no information and prisoners' relatives or fo rmer prisoners were often forced into silence by threats of ETHIOPIA reprisals. Several thousand political pris­ oners were, however, believed to be held in ordinary prisons and security prisons throughout the country, particularly in Addis Ababa and in regions where opposi­ tion fo rces were active. Most prisoners were reportedly held on suspicion of hav­ ing links with armed opposition fo rces, particularly the Eritrean People's Lib­ eration Front (EPLF), the Tigray People's Liberation Front (TPLF), or the Oromo Lib­ eration Front (OLF). Some of them appeared to be prisoners of conscience, arrested on suspicion of opposition to the government primarily because of their Eritrean, Tigrayan or Oromo ethnic origin. Many prisoners were also reportedly arrested for seeking to avoid military con­ Many long-term prisoners of conscience, scription or to flee the country, a "counter­ some held since 1974, remained in deten­ revolutionary" offence fo r which the tion. Hundreds of other political prison­ penalty may be lengthy imprisonment or, ers were detained without fo rmal charge in special cases, death. In addition, the or trial, including some who were serving relatives of conscription evaders or those prison sentences imposed by administra­ trying to leave the country illegally for tive order. There were persistent reports political reasons were reportedly arrested of suspected government opponents being in reprisal. Some people who refused to tortured after their arrest. The conditions take part in the program of obligatory AFRICA / ETHIOPIA resettlement in new villages, which in­ without trial, in the Central Prison (Kor­ 39 volved over three million people in 1987, chele) in Addis Ababa. were also reported to have been arrested. Other prisoners of conscience were At least 30 Ethiopian Jews, members of among a group arrested in 1980, when the Beta Israel sect (House ofIsrael, known people of Oromo ethnic origin suspected as Foloshos). were arrested in Gondar and of links with the OLF were targets of mass Addis Ababa in February 1987. They were arrests. They included Tsehai Tolessa, the imprisoned in Addis Ababa, where they wife of the fo rmer head of the Ethiopian were still held without chargeor trial at the Evangelical Mekane Yesus Church; the end of the year. They were apparently Reverend Gudina Tumsa, who "dis­ accused of helping to arrange for Ethiopian appeared" in 1979; Martha Kumsa, a jour­ Jews to em igrate to Israel. Some eight nalist; Zegeye Asfaw, fo rmer Minister of others were reportedly arrested in March Law and Justice, and Namaat Issa, a former for trying to leave the country illegally. civil servant. Namaat Issa's husband was Sources suggested that students dem­ held in a separate security prison and her onstrating at Addis Ababa University on handicapped son, born shortly after her 10 October against poor campus condi­ arrest, remained in prison with her. None tions were arrested. However, it was not of the prisoners had been charged or tried. possible to establish if any of them were Berhanu Dinka, Ethiopia's Permanent still held at the end of the year. Representative to the United Nations in As in previous years, most political New York until his arrest during a visit to prisoners wereheld outside the framework Ethiopia in May 1986, continued to be of the law. Article 42 of the new Constitu­ detained without trial. Although publicly tion states that all detained persons should accused of misusing public funds, he had be either brought to court within 48 hours not been charged and was believed to be or released. This procedure, which had detained for political reasons. Two fo rmer been part ofthe country's Code of Criminal UN staff members in Ethiopia also re­ Procedure since 1961, was systematically mained in prison. Tesfa-Mariam Zeggay, ignored in previous years and apparently arrested in 1983 and reportedly still suffer­ was not fo llowed during 1987. Instead, ing from injuries sustained during torture, suspected government opponents were was tried in 1987 and sentenced to 25 held incommunicado for prolonged years' imprisonment for espionage. No periods without being referred to court. details of the trial were disclosed and it They were usually held by the Central was unclear whether he had been allowed Investigation Organ, the state security ser­ proper defence. Shimelis Teklu, who was vice, and many were tortured. According arrested in 1984 and allegedly tortured, to reports, they were not info rmed of the was reportedly brought to court in early reasons fo r their detention and had no 1987. His trial was adjourned, however, opportunity to seek legal redress. and had apparently not resumed by the Some political prisoners were serving end of the year. administratively-imposed prison terms of Between 30 and 50 members of the up to 25 years. Thirteen people arrested in Democratic Front fo r the Salvation of 1983 for alleged membership of the Somalia (OFSS), an armed opposition opposition Ethiopian Peoples' Democratic group based in Ethiopia which is fighting Alliance (EPOA). for example, did not the Somali Government, had been held appear before the officials who sentenced without trial in Ethiopia since their arrest them and had no opportunity to defend in 1985 and 1986. The OFSS chairman and themselves or challenge the legality of several other officials were arrested by the their imprisonment. Ethiopian security authorities in October Many prisoners of conscience arrested 1985, reportedly after a political dispute in previous years remained in custody. with Ethiopian officials relating to the Ten members of the fa mily of the late armed conflict. Other OFSS members were Emperor Haile Selassie, who were arrested arrested in April and October 1986. They in 1974, were still imprisoned. They in­ were believed to be held in the Central cluded his daughter, Tenagnework Haile Prison in Addis Ababa and in prisons in Selassie, aged 75; four grand-daughters; a Harar and Dire Dawa. According to re­ daughter-in-law; three grandsons and ports, several were tortured and one of another relative. All continued to be held, them, Abdullahi Mohamed Hassan, died AFRICA I ETHIOPIA

40 in custody in October 1986. In February Amnesty International Despite international appeals, no re­ published testimonies of fo rmer political leases of political prisoners were prisoners who had been tortured in announced at the time of the inauguration Ethiopia by the security police in recent of the People's Democratic Republic in years. They maintained that they had been September. However, more than 50 Oromo repeatedly tortured to fo rce confessions of political prisoners in Addis Ababa and involvement with opposition organiza­ Nekemte, including some prisoners of con­ tions and identification of other opponents science detained since 1980 or earlier, of the government. Torture methods often were released without publicity between reported included prolonged beatings on March and May. A considerable number of the soles of the feet and suspension of the other prisoners, some held for several body in a contorted position from a rope. years and possibly including people cap­ Some prisoners were also given electric tured in armed conflict, were reportedly shocks, raped, or subjected to death threats freed during the year. and mock execution. Former prisoners The government maintained its silence also reported being submerged in dirty on the fa te of many political prisoners who water until they nearly lost consciousness "disappeared" while in custody between or having their hands or fingernails 1979 and 1986. Unofficial sources sug­ crushed. Many prisoners were said to have gested that most, if not all, had been died as a result of their injuries or to have secretly executed. Amnesty International been secretly executed. appealed fo r news about some 40 political These reports of torture were denied by prisoners in Addis Ababa who "dis­ the Ethiopian representative at the 43rd appeared" in November 1985 after being session of the UN Commission fo r Human taken from the Central Prison and the Rights in February. He stated that a high­ Central Investigation Centre (Maekelawi) level committee had been established in to unknown destinations, but received no 1986 to investigate allegations of torture, response. They included Asegahegne claiming that the law and practices in Araya and three other alleged EPDA leaders Ethiopia concerning the protection of indi­ arrested in 1983. Others who "dis­ viduals' physical and mental integrity appeared" at the same time were suspected were "in conformity with the accepted members of the opposition organizations international law and practices". Amnesty EPLF, TPLF and the Ethiopian People's Re­ International asked the government to pro­ volutionary Party (EPRP). Some 10 other vide details of the committee's unpub­ prisoners "disappeared" from the Central lished fi ndings but no information was Investigation Centre in Addis Ababa in disclosed. October 1986, including Gezahegne Kassa­ Furthermore, Amnesty International hun, a trade unionist accused of links with received no reports that any official inves­ the OLF. No information was revealed tigators had contacted former prisoners or about them by the government and they, victims of torture to collect evidence of too, may have been secretly executed. human rights violations. The organization Amnesty International appealed for the had no information about any steps taken release of prisoners of conscience and fo r by the government to prevent the use of other political prisoners to be either tried torture. Additional cases of torture and in accordance with international stan­ ill-treatment were reported during 1987

.. dards or released. When the new Constitu­ and Amnesty International's information .. � tion was adopted in February, Amnesty indicated that, with few exceptions, the Ii International appealed to the government article of the 1981 Special Penal Code to ratify and respect the major internation­ prohibiting ill-treatment of prisoners had '"� '" al human rights agreements, such as the been ignored...... c z International Covenant on Civil and Pol­ o itical Rights, and to ensure that prisoners �z were protected from torture, ill-treatment, '" '" ... illegal detention, secret administrative im­ !: prisonment and "disappearance". Further appeals were made to President Mengistu z§ after his inauguration in September but a c none received a response. AFRICA/ GABON / GAMBIA

41 GABON GAMBIA

A number of Jehovah's Witnesses were Several alleged members of a banned imprisoned fo r short periods on account opposition political organization were of their religious beliefs and there were arrested and held briefly, as were a num­ some reports of torture and ill-treatment ber of students who demonstrated against of prisoners. government policy in February. At least Twenty-four members of the Jehovah's one other critic of the government was Witnesses sect, which was banned in imprisoned throughout the year. Gabon in 1970, were brought to trial in In April three suspected members ofthe January. They had been arrested at a prayer Movement for Justice in Africa (MalA). meeting in Port-Gentil on 25 December which was banned by the government in 1986. They were convicted of belonging to 1980, were arrested and charged with a banned organization: three were sen­ membership of an unlawful society. Naku­ tenced to two months' imprisonment and a lang Ceesay and Salieu Puye, both fi ne, and the other 21 received suspended teachers, and Ismaila Sanyang, an em­ sentences. ployee ofthe Ministry of Agriculture, were There were reports that a number of subsequently released on bail and were not criminal suspects and alleged illegal im­ known to have been tried by the end of the migrants were tortured and beaten at the year. In May Omar Jabang, an active mem­ headquarters in Libreville of the national ber of Anti-apartheid Society, security service, the Centre de documenta­ was also arrested fo r suspected mem­ tion (CEOOC) , Documentation Centre. It bership of the MalA, but he was released was also said that conditions there were uncharged shortly afterwards. harsh, with poor hygiene, inadequate In February several students were re­ medical fa cilities and insufficient food. ported to have been arrested for participat­ Amnesty International appealed for the ing in demonstrations calling fo r changes

release of the imprisoned Jehovah's Wit­ in the educational system, but were � 11: nesses and expressed concern to the apparently released uncharged a few days z ", '" authorities about reports of torture and later. ... ill-treatment of prisoners at the CEOOC One prisoner arrested fo r criticizing the � z ... detention centre. government in 1986 remained in custody . ", '" Boubacar Langley was arrested for display­ z ing a banner critical of the government o� z during celebrations on 18 February 1986 � ... marking the anniversary of the country's '" independence. Soon afterwards he was ", � transferred to a mental hospital, although � there was information to suggest that he :;;'" was not mentally ill. He apparently dam- '" AFRICA I GAMBIA I GHANA

42 aged his room at the hospital in protest charges were brought against them. They against his arrest, and in May 1986 he was were all leading members of political sentenced to 18 months' imprisonment for groups which initially supported the gov­ damaging public property. ernment of Flight-Lieutenant J.J. Rawlings In response to Amnesty International's when it came to power as the result of a inquiry about the reasons for Boubacar coup in 1981, but became increasingly Langley's arrest, committal to a mental critical of its policies, claiming that it had hospital and subsequent conviction on betrayed its original ideals. On 31 Decem­ criminal charges, the Director of Public ber two of the detainees, Kwesi Pratt, a Prosecutions stated that Boubacar Langley journalist, and Yao Graham, a lawyer, were had been referred to a mental institution released uncharged. The others remained because his behaviour appeared abnormal. in detention without trial. Thereafter, he added, a psychiatric report Ben Ephson, a journalist, was arrested had found that he did not suffer from on 22 September. A government-owned mental illness, and following the ruling he newspaper claimed he was suspected of was prosecuted fo r unlawfully causing gathering what was referred to as "econo­ damage to property. mic intelligence", but it appeared that the real reason for his arrest was that he had written articles critical of the government. These eight prisoners of conscience GHANA were detained under the Preventive Cus­ tody Law of 1982 (PNDC Law 4). This provides for indefinite detention without trial if, in the opinion of the ruling Pro­ visional National Defence Council (PNDC), the detention is in the interests of national security. Under this law, the government is not obliged to inform detainees of the reasons fo r their arrest. In 1984 the PNDC removed the courts' ability to review administrative detention orders in accord­ ance with the Habeas Corpus Act. On 31 December 1986 Flight­ Lieutenant Rawlings had announced that there would be a review of the cases of all detainees held without charge or trial. In January 1987, 340 prisoners were released, among whom were believed to be fo rmer At least eight prisoners of conscience military personnel detained without trial were arrested, six of whom were still held since the present government came to without charge at the end of 1987. Some power in 1981. In February the govern­ 30 people, mostly members of the armed ment announced that charges of subver­ forces arrested after unsuccessful coup sion against 12 people had been with­ attempts in previous years, were reported drawn and that they had been released. to be held without trial throughout the They included Victor Owusu, a former

OD year. About 60 people were known to have government minister and leader of the OD been sentenced to death. There were also !!: Popular Front Party, who had been de­ >­ executions, but their number was not tained in August 1986 on suspicion of '" known. involvement in a 1983 coup attempt. It was '"� '" In May and July seven known critics of not clear whether J. Adjei Brempong, also .... c z the government were arrested. They in­ suspected of plotting against the govern­ o cluded Akwasi Adu-Amankwah, an offi­ ment, was among those released or z� cial of the Trades Union Congress, and whether he remained in detention without '" '" >- John Ndebugre, a former government trial. !: minister; three others had previously been Three detainees arrested in previous � detained without charge for over three years in connection with unsuccessfu l '" z months in 1986. They were reportedly coup attempts were brought to trial during :I c suspected of seditious activities, but no 1987. In November Lance Corporals AFRICA / GHANA / GUINEA

Emmanuel Arhin and Jackson Duodo, de­ sentenced to death in absentia in August 43 tained since March 1984, were sentenced 1983 for alleged involvement in a coup to 25 years' imprisonment by the National attempt and subsequently arrested in May Public Tribunal in , the highest court 1986. At the time of the release of detainees in the Public Tribunal court system. They in February, the government stated that he were convicted of assisting the escape had not been released because of the ser­ from prison in June 1983 of army officers ious nature of the charges against him. It suspected of involvement in earlier coup was not known whether the death sen­ attempts, who subsequently again tried to tence had been commuted to a term of overthrow the government. In another imprisonment or whether the authorities . case, a businessman detained since intended to bring him. and others arrested September 1985 was acquitted by the at the same time, to trial. National Public Tribunal in December of Amnesty International appealed for the charges of providing financial backing fo r release of prisoners of conscience, ex­ a co up attempt in December 1984. pressed concern at the long-term detention Among those reported to be detained without trial of political prisoners, and without trial throughout 1987 were at least appealed for the commutation of death 30 former members of the armed fo rces penalties each time these wereannou nced, arrested in previous years and suspected.of but received no responses from the govern­ involvement in plots to overthrow the ment to any of its appeals or inquiries. government. They included Bombardier Mustapha Mohamed, arrested fo llowing a coup attempt in November 1982; Lance Corporal Emmanuel Owusu Aninakwa, GUINEA arrested in February 1983 after a plot to overthrow the government was uncovered; and Captain Kwabena Bogee, arrested fo l­ lowing the discovery of a plot to assassin­ ate Flight-Lieutenant Rawlings in Febru­ ary 1985. Alhaji Ibrahim Mahama, a lawyer and former member of Parliament, was among about 12 people arrested in April in con­ nection with a long-running dispute about the appointment of a traditional chief in Yendi in northern Ghana. He was reported to be still in detention without charge or trial at the end of the year. On 28 July nine people were sentenced to death by the National Public Tribunal in connection with the death of fo ur people in Yendi during faction fighting in January. In all, at least 60 people were sentenced The government revealed that secret trials to death and a number executed. Most of had taken place and confirmed the death those sentenced to death were convicted of in custody of several prisoners who "dis­ murder or armed robbery by Public Tri­ appeared" in 1985. Prisoners arrested in bunals, special courts established in 1982 1984 and 1985, many of whom had been which may impose the death penalty fo r subjected to unfair secret trials in 1986, offences specified by the ruling PNOC and were held incommunicado. Some of them in "cases where the Tribunal is satisfied were released at the end of the year, while that very grave circumstances meriting others remained in prison under sentence such a penalty have been revealed". It was of death throughout 1987. The govern­ not known how many executions were ment further revealed that some of those carried out. On 25 July a number of people whose cases had been brought to trial had, convicted of armed robbery were executed in fact, died more than a year before the by firing-squad in Accra. trials began. The legal status of Captain Adjei Ed­ On 5 May the government announced ward Ampofo remained unclear. He was the outcome of a series of secret trials held AFRICA/GUINEA

44 before the State Security Court and the The representatives established that Military Tribunal, two special courts trials before the State Security Court had established in 1985. It reported that 341 taken place in secret between July and people had been tried and 201 of them September 1986. None of the defendants convicted. Those tried included both fo r­ were informed that the trials were occur­ mer government officials and relatives of ring and they were represented by three former President Sekou Toure arrested in legal counsel who at no time contacted 1984, as well as people arrested after a their clients. Much of the evidence pre­ coup attempt in July 1985. The identities sented to the court apparently consisted of of the 72 civilians convicted by the State self-incriminating statements which de­ Security Court were disclosed, but the tainees had made in custody. The court did government withheld the names of 129 not attempt to establish the circumstances military and police personnel convicted in which the statements were made, by the Military Tribunal, divulging only although many of them seem to have been their ranks. No details were given about made as a result of torture and other forms the charges against those tried. of duress. The government announced that 58 of Amnesty International's delegates were those convicted had been sentenced to not allowed access to basic trial docu­ death. Twenty-one of them were sen­ ments such as the fo rmal charges, the tenced in absentia and 37 were apparently indictment produced on the basis of pre­ in custody at the time of the trials. Seven­ trial inquiries, statements made by the teen of the 37 were civilians and the other accused while in custody and the judge­ 20 were military or police personnel. ment. They were assured by officials that Forty-six people were sentenced to life the proceedings had been "normal" but imprisonment, another 54 to 20 or 15 were given no detailed information to years' imprisonment, 34 to prison terms support this claim. By June 1987 none of between eight and three years and nine to those convicted had apparently received 28 months' imprisonment. Official sources visits from relatives or others since their reported that the nine sentenced to 28- arrest in 1984 or 1985. Amnesty Inter­ month terms, including two sisters of national's delegates left without Sekou Toure and five fo rmer members of having been able to learn on what charges his government, had been released. The any defendants had been convicted and 140 people who had been acquitted were with no fu rther information about the also released. identity of the 129 military and police At the end of December, the govern­ personnel convicted, including the 20 who ment announced that 67 other political had been sentenced to death. prisoners were then being released. These Amnesty International also expressed prisoners included Sekou Toure's widow, concern about the fate of some 20 political Andree Toure, and their son, Mohamed prisoners alleged to have been summarily Toure, both of whom had been sentenced and secretly executed in July 1985 (see to eight years' imprisonment. All those Amnesty International Report 1986). The released had been convicted by either the head of state, General Lansana Conte, con­ State Security Court or the Military Tri­ firmed that at least two prisoners in this bunal and were ordered to remain in their group had died in 1985. The cases of all prefectures (regions) of origin fo llowing prisoners in the group, however, were

GO their release. among those secretly brought to trial in GO � Many aspects of the trials announced in 1986 which concluded with sentences of ; May 1987 contravened international death. The organization's delegates were norms. Two representatives of Amnesty able to confirm no information about these �... er: International visited Conakry in June to prisoners in June but in December the head .... c z seek fu rther information about the trials. of state reportedly said that at least two of o They obtained information about the State the prisoners had died in July 1985. Siaka Z� Security Court trials but could learn vir­ Toure, a nephew of Sekou Toure and fo r­ er: ...... tually nothing new about the military mer director of the Boiro detention camp, ! trials. They met the Minister of Justice, the had been arrested in April 1984 and was

en� President of the State' Security Court and one of the dead identified by General ... z others involved in the State Security Court Conte. Diarra Traore, the alleged leader of :. c trials. the July 1985 coup attempt, was the other AFRICA I GUINEA I GUINEA BISSAU prisoner named. The general said that eral people imprisoned for criticizing gov­ 45 Diarra Traore and a number of others ernment policies, including Moussa Fofa­ arrested in July 1985 had gone on hunger­ na. He was arrested in late 1986, apparent­ strike and "virtually committed suicide" ly on account of a letter he wrote to the soon after their arrest. President calling for policy changes. He No previous announcement had been was reportedly released in early 1987 but made about the fa te ofthe two men, both of then rearrested. It was unclear if he re­ whom were officers in the armed fo rces, mained in detention at the end of 1987. In but it was widely believed that they were May the authors of leaflets criticizing the among the 20 unidentified people sen­ government, as well as those fo und distri­ tenced to death by the Military Tribunal. buting the documents, were threatened General Conte reportedly told journalists with arrest. However, it was not known if that others sentenced to death were still any arrests took place. alive. However, by the end ofthe year none of the others sentenced to death in 1986 had been seen by relatives or other people. Amnesty International also expressed GUINEA BISSAU concern about a number of other civilian prisoners arrested after the July 1985 coup attempt and not among those tried secretly in 1986 or released in 1987. A significant number of these detainees effectively "dis­ appeared" after their arrest: their deten­ tion was not acknowledged by the govern­ ment and no information was made avail­ able to relatives about what had happened to them. It was not clear ifthey were still in secret detention at the end of 1987 or had died or been killed while in custody. In August Amnesty International appealed to General Conte to commute the 58 death sentences announced in May and to disclose publicly the identities of the people convicted by the Military Tribunal. It also urged him to ensure that the fa milies About 40 political prisoners sentenced in of all those sentenced to death were offi­ July 1986 after an unfair trial remained in cially informed of executions or, if the prison throughout 1987. Other alleged sentences had not been carried out, that opponents of the government were de­ relatives be told where the prisoners were tained without trial for long periods. One held and allowed to visit them. prisoner was alleged to have died in cus­ In December Amnesty International tody as a result of torture but the govern­ submitted an 18-page memorandum to the ment attributed his death to suicide. government, describing its concerns about Rafael Barbosa, a former long-term pol­ the secret trials and proposing a series of itical prisoner, was detained without trial measures to uphold human rights. The throughout 1987. He had previously been organization recommended that those con­ imprisoned or restricted in colonial times victed at unfair trials be tried again or and between 1975 and early 1985 (see released. The organization also empha­ Amnesty International Report 1986). He sized the importance of ensuring that de­ was rearrested in June 1985 after two of his tainees were not coerced into incriminat­ relatives had been detained for writing ing themselves, as it appeared that many of anonymous leaflets criticizing the govern­ the statements accepted as evidence by the ment but he was not charged. State Security Court had been made under Emilio Costa, an army captain, was also torture and other forms of duress. believed to have been detained without Several developments in 1987 were trial throughout 1987. He was arrested in unrelated to the arrests of 1984 and 1985 December 1985 when he returned to the and the secret trials of 1986. Amnesty capital, Bissau, after studying in Portugal. International learned the identity of sev- He was apparently suspected of being in AFRICA / GUINEA BISSAU / KENYA

46 contact with supporters of Paulo Correia, basis and reasons for their imprisonment the fo rmer Vice President, who was con­ and that they could use the habeas corpus victed in July 1986 of conspiring against provisions in the code of penal procedure the government and was executed with to contest their detention. five co-defendants. He was not reported to Amnesty International also called for have been charged or tried although he was the limits on incommunicado detention held with prisoners tried with Paulo Cor­ stipulated by law to be strictly fo llowed in reia who were sentenced to prison terms. order to safeguard detainees against tor­ The government gave no reasons fo r his ture or ill-treatment, and for detainees to detention, despite the code of penal pro­ be granted access to legal counsel prompt­ cedure which requires detainees to be ly after arrest and during the period of brought before a judge promptly, and pre-trial investigation. It also urged the either charged or released. One other long­ government to ensure that all complaints term detainee, Jose Manuel Buscardini, an of torture or ill-treatment of prisoners were official in the Ministry of Agriculture, was impartially investigated and that any state­ released early in 1987. He had been ments extracted under torture were not arrested at work in January 1986, admitted as evidence by the courts. apparently for political reasons, and held Amnesty International also called on incommunicado for at least fo ur months of the government to introduce legislation his detention. establishing a right of appeal to a higher At least six of the 46 political prisoners court against both conviction and sentence sentenced to prison terms in July 1986 for all defendants in political cases, and after an unfair trial (see Amnesty Inter­ urged the abolition of the death penalty. national Report 1987) were believed to By the end of 1987 Amnesty Inter­ have been released during 1987 after com­ national had not received a response to its pleting their sentences. The others, who memorandum from the government. received sentences of three to 15 years, were still imprisoned at the end of the year. In February it was reported that Mandu KENYA Fati, a bank official from Bissau, had died in custody, bringing the number of known deaths of political prisoners since Novem­ ber 1985 to seven (see Amnesty Inter­ national Report 1987}.He had apparently been arrested after a pistol was fo und in his possession and was suspected of intending to commit a political offence, but was not formally charged. The authorities said that he had committed suicide, but unofficial sources alleged that he had been tortured while being interrogated. However, it was not possible to confirm either the cause of death or the reason for his arrest. In August Amnesty International sub­ mitted a memorandum to the government :g � detailing its concern about the long-term Many political prisoners, including some I;; detention without trial of suspected gov­ arrested fo r the non-violent expression of o Q. ernment opponents, allegations of torture their opinions, were held incommunicado '" "" and ill-treatment of detainees, deaths in in secret and illegal custody for periods of -' c z custody and the use ofthe death penalty. It up to several months. They effectively o called for the provisions of the code of "disappeared" in custody and were re­ �z penal procedure to be enforced to ensure portedly tortured. Some of them were "" '" ... that detainees would be brought promptly later released. Thirty-nine others were !i before a judge and either charged and brought to trial in 1987, without legal

."� brought to trial or released. The memoran­ representation, and were convicted of '" Z dum also urged the authorities to ensure political offences. The defendants had � C that detainees were informed of the legal pleaded guilty, in many cases allegedly AFRICA I KENYA

because they had been tortured or sub­ Several political prisoners sentenced to 47 jected to other duress. At least 30 people less than two years' imprisonment in 1986 were condemned to death for armed rob­ were released during 1987 after being bery, bringing the estimated number of granted remission of sentence. condemned prisoners to over 200. It was Paul Amina, a freelance journalist and not known if there were any executions. prisoner of conscience detained under the Many alleged members or supporters of Public Security Regulations, remained in a clandestine opposition organization custody at the end of 1987. He was arrested Mwakenya (Muungano wa Wazalendo wa at the Nairobi Law Courts on 4 August while Kukuomboa Kenya, Union of Nationalists investigating legal proceedings in the case for the Liberation of Kenya) were arrested of a man shot dead in police custody in in the first months of 1987. Hundreds of 1986. He was held incommunicado in others had been arrested in 1986. Some of police custody for over two weeks before the those arrested in 1987 were prisoners of official Kenya Gazette published a notice of conscience, including Gibson Kamau his detention. Again, no reasons were given Kuria, a leading human rights lawyer and by the authorities fo r his arrest and it university lecturer. He effectively "dis­ appeared that he was imprisoned for report­ appeared" after his arrest on 26 February ing on a politically-sensitive court case. and no police unit acknowledged detain­ In addition to Paul Amina, nine other ing him. In contravention of the law, he prisoners of conscience remained in deten­ was not brought before a court within 24 tion without trial under the Public Security hours. When a habeas corpus application Regulations at the end of the year. They made on his behalf came to court on 12 included Raila Odinga, held since 1982 (see March, the authorities disclosed for the Amnesty International Report 1987), and first time that he had been served with a eight others detained in 1986. detention order eight days earlier under At least 39 people were brought to court the Public Security Regulations. These on political charges in 1987 but none of regulations permit the Minister of State them received fa ir trials. Like more than 50 responsible for internal security to authorize political prisoners brought to trial in 1986, indefinite detention without trial and are they had been held illegally and incom­ not subject to challenge in the courts. While municado before they were brought to court. no reason for Gibson Kamau Kuria's deten­ There was no advance notice of their trials tion was publicly given, he was apparently and none of the defendants had legal repre­ imprisoned because he served as legal coun­ sentation. In all cases, the defendants sel fo r a number of political prisoners. His pleaded guilty to the charges against them, arrest occurred shortly after he fi led suit most of which were related to alleged parti­ against the government fo r the alleged tor­ cipation in Mwakenya activities. Most ofthe ture and illegal detention of three prisoners trials, which took place before the Chief of conscience arrested in 1986 and the Magistrate of Kenya , were concluded within alleged torture and death in custody of about half an hour and all defendants were another political prisoner. He was freed sentenced to prison terms. unconditionally on 12 December, Inde­ Those convicted included politicians, pendence Day, by order of President Daniel businessmen, civil servants and students. arap MoL John Kamangara Maina, a former parliamen­ Gacheche wa Miano, a former law stu­ tary candidate, was sentenced to 15 months' dent detained under Public Security Reg­ imprisonment on 29 January for "neglecting ulations in July 1986, and an unnamed to report a fe lony". The fe lony not reported Kenya Airforce officer, detained secretly was the existence of a Mwakenya leaflet. since the August 1982 coup attempt by air Odhiambo Olel, a medical doctor treating z force personnel, were also held without trial former Vice President Oginga Odinga, was .... ,., .. until their release on 12 December. Other sentenced to five years' imprisonment in z prisoners who were arrested on political April fo r "taking an illegal oath" to join �o Mwakenya. z grounds in 1987 were released without He had been in good health at :. ,... charge some days or weeks after they "dis­ the time of his arrest but was unable to walk .. appeared". They included two members of and had facial injuries when he appeared in ,., ..� Parliament, Charles Rubia and Abuya court aftertwo weeks' incommunicado de­ .... Abuya, who were arrested in Nairobi in tention by the police Special Branch. The i January. reportedly made no com- .. AFRICA /KENYA

48 ment about his physical condition. All of judicial to Kenya's interests" about student the 39 defendants convicted remained im­ activities. prisoned at the end of 1987. At the end ofthe year, a total of more than Many of those arrested as suspected 70 prisoners of conscience or political pris­ supporters of Mwakenya were reportedly oners who may have been prisoners of tortured or ill-treated during detention at conscience were serving sentences of up to police Special Branch offices in Nyayo 10 years. All of the convictions fo llowed House or Nyati House in Nairobi. They were unfair trials, according to reports. Three said to have been held in cells flooded with students convicted of sedition in 1982 and water fo r up to seven days, denied fo od, 1983 also remained in prison. beaten, fo rced to do strenuous physical Maina wa Kinyatti. a history lecturer, exercises, and threatened with death or continued to serve a six-year prison sen­ indefinite detention. They were also denied tence imposed in 1982 fo r alleged posses­ access to relatives, lawyers and doctors. sion of a seditious document. His appeal Some of the prisoners, however, were taken against arbitrary denial of remission of his to hospital or released when seriously ill. sentence was dismissed by a court in De­ Richard Wekesa, a student, was sen­ cember 1987. The court ruled that he should tenced in April to 10 years' imprisonment have filed his appeal within one yearof the for allegedly receiving money from the Lib­ remission denial, which occurred in 1983. yan Government to provide information He was in poor health and continued to be about student opposition to the Kenyan denied adequate medical treatment. Government. His sentence was reduced on The deaths in police custody of three appeal to six years. prisoners alleged to have been torturedwere There were further politically-motivated the subject of legal proceedings during arrests but most of those held were released 1987. Gregory Byaruhanga. a Ugandan after a few days. For example, some 20 national teaching in Kenya, died at Kisii people were arrested in Mombasa on 30 Hospital on 23 March. A police Special October fo r demonstrating against the Branch inspector was charged with his mur­ authorities' alleged anti-Muslim bias. der but discharged by the magistrate for lack About 50 others were arrested on 4 Novem­ of evidence. An autopsy fo und that Gregory ber afterfurther demonstrations and rioting. Byaruhanga's death was due to injuries Almost all of the detainees in these two caused by an assault during the time he was groups were released without charge within in custody. No inquest into his death had a few days. Two detainees, however, were been held by the end of 1987. facing charges of incitement to violence at In October an inquest was held into the the end of the year. death of Stephen Wanjema, a carpenter, Seven student leaders at the University who died in custody in Nakuru on 13 of Nairobi were arrested in November after September 1986. He had been arrested two they called for more student involvement in weeks earlier for suspected membership of national affairs and criticized a government Mwakenya. The inquest, told that he had decision to deny them passports to attend a complained of severe beatings by the police conference in Cuba. The arrests, in addition before his death, had not given its fi ndings to the banning of the students' union, re­ by the end of 1987. sulted in student demonstrations which Peter Njenga Karanja. a businessman and were fo rcibly broken up by the police. rally-driver, "disappeared" after his arrest

.. Police officers assaulted numerous students in Nakuru on 7 February for alleged links .. 2: and fo ur fo reign journalists. Six of the stu­ with Mwakenya. His family later discovered � dents were subsequently released, as were that he had died while still in police custody those arrested during the demonstrations. in a Nairobi hospital on 28 February. An ...:t .. Robert Wafula Buke, the chairman of the inquest into his death was scheduled to -' ... z student union, was held incommunicado begin in November and then postponed o fo r two weeks and then brought to court on until early December. An Amnesty Inter­ z� 30 November. The court sentenced him to national representative went to Nairobi to ...... five years' imprisonment, after proceedings observe the proceedings but was officially � which fo llowed patterns of previous unfair informed that he would not be permitted to � trials. Without legal representation, he attend the inquest. ... z pleaded guilty to providing the Libyan Gov­ At the inquest, which was heard by the :I ... ernment with information considered "pre- Chief Magistrate, evidence was given that AFRICA / KENYA / LESOTHO

Peter Karanja had died of pneumonia and 49 intestinal gangrene. When admitted to hos­ pital two days before his death, he had been in severe pain, barely able to speak, and had deep, open wounds on his body and sores on his feet. He had been in good health before his arrest and two weeks' detention in police Special Branch custody. The in­ quest was continuing at the end of the year. More than 200 people were believed to be under sentence of death at the end of 1987 for robbery or murder. At least 30 of them were sentenced during the year, but it was not known whether there were any executions. In July Amnesty International published a 58-page report entitled Kenya: Torture, Political Detention and Unfa ir Trials. The ment ministers and their wives in Novem­ organization said that human rights had ber 1986. come under serious attack in Kenya since The ban on political party activity im­ March 1986, when the government posed after the coup which brought Major­ appeared to have adopted a deliberate pro­ General Justin Lekhanya to power in Janu­ gram to silence or intimidate its political ary 1986 remained in fo rce throughout opponents. The report noted that senior 1987. In January Tsepiso Mokoena was government and law enforcement officers convicted of contravening the ban by wear­ appeared to have condoned the undermin­ ingclothing with the colours ofthe Basuto­ ing of crucial legal and constitutional safe­ land Congress Party. He received a sus­ guards fo r political prisoners, resulting in pended prison sentence of six months. serious breaching of the rule of law. Charles Mofeli, leader of the United Demo­ Amnesty International also made cratic Party (UDP), was arrested in June numerous appeals to the government about after he sent a petition to King Moshoeshoe the arrests of suspected political opponents 11, the head of state, calling fo r a return to who had "disappeared" and were believed parliamentary . He was re­ to be at risk of torture. In addition, the leased a week later, reportedly after his organization called fo r the release of Gibson wife initiated court action which chal­ Kamau Kuria and other prisoners of con­ lenged the legality of his detention. A science. The government did not respond renewed call for return to parliamentary directly to any of Amnesty International's rule was made jointly in August by leaders appeals and inquiries but government offi­ of five political parties, including the UDP, cials criticized Amnesty International pub­ who had also joined together in 1985 in licly on a number of occasions. On 12 opposition to the former government of December President Moi said in a public Chief Leabua Jonathan. No arrests were speech that any Amnesty International offi­ known to have occurred fo llowing this cial who "was fo und in" Kenya would be renewed call. arrested. Inquests were held into the deaths in

detention during March 1986 of Brigadier ,. K B.M. Ramotsekhoana, the army second-in­ Z ,., command at the time of the January 1986 '" LESOTHO coup, and Colonel Sehlabo Sehlabo, leader � z � of a mutiny apparently attempting to fo re­ ,., "" There were several short-term arrests of stall the coup. In both cases, the inquests z critics and opponents of the government fo und that the detainees had died from �o z in connection with a ban on political party injuries sustained in detention, but the ,. ,.... activity. Inquests were held into the identities of those responsible for their "" deaths of two political detainees in 1986. custody and interrogation were not dis­ ,., � No progress was made in identifying those closed. Subsequently, civil actions fo r � responsible for the apparently politically­ damages were initiated by their fa milies motivated killings of two fo rmer govern- against the authorities. In September the AFRICA / LESOTHO / LIBERIA

50 ruling Military Council issued an Indem­ There were major developments affect­ nity Order which effectively granted im­ ing the judiciary fo llowing the resignation munity to the authorities and those acting in June of most Supreme Court judges at on their behalf fo r acts committed fo llow­ the request of President Samuel Doe, who ing the coup. No inquest had been held by said there was corruption and malpractice the end of the year into the death of within the judiciary. A new Chief Justice Sergeant M. Tjane, who also died in deten­ was appointed but he refused to take up his tion in March 1986. post when fo rmer Minister of Justice Chea The authorities fa iled to identify those Cheapoo, who had previously been responsible for the abduction and murder arrested on suspicion of embezzlement. of two fo rmer government ministers, Des­ was made a judge. In response, President mond Sixishe and Vincent Makhele, and Doe appointed Chea Cheapoo as Chief their wives in November 1986 (see Amnes­ Justice and overruled a decision by the ty International Report 1987). Official re­ House of Representatives to reject his ports said in March that Simon Makhetha, appointment. However, in December Pres­ a South African refugee, had reappeared. ident Doe intervened personally to free a In 1986 it was alleged that he had been judge and a businesswoman after Chea forcibly abducted from Lesotho fo r politi­ Cheapoo had ordered their detention for cal reasons by South African security allegedly attempting to bribe him. The agents. It was not clear whether he had President then instigated impeachment been detained in South Africa fo llowing proceedings against Chief Justice his alleged abduction. Cheapoo. After being impeached by the Amnesty International was concerned legislature, he was charged with libel fo r during the year about the detention of accusing the President and the Minister of Charles Mofeli and about the Indemnity Justice of taking bribes. Order issued in September, which Several people were detained without appeared likely to prevent identification trial fo r political reasons. Gabriel Doe was and prosecution of those responsible fo r arrested in January, apparently on suspi­ the deaths in detention of Brigadier B.M. cion of helping Ellen Johnson-Sirleaf, a Ramotsekhoana and Colonel Sehlabo former government minister and prisoner Sehlabo. of conscience, to leave the country in 1986 after her life had been threatened. He was apparently charged with piracy and re­ leased on bail, but the case against him did LIBERIA not proceed. However, he was rearrested in September. again apparently in connec­ tion with Ellen Johnson-Sirleafs depar­ ture from Liberia. He was held incom­ municado and in harsh conditions in the Post Stockade, a military prison in Monro­ via. and a lawyer who sought access to him was also briefly detained. In mid-October Gabriel Doe was transferred to a civilian prison and allowed access to his lawyer. He was released in late October after

00 apparently being charged with forgery. but 00 � no further legal proceedings against him � were reported by the end of the year. o Cl. In another case, Zaye Gontee, a '" Ill: businesswoman. was arrested in May and .... < z detained incommunicado and without o trial fo r over three months in the Post Z� Several suspected opponents of the gov­ Stockade. She was apparently suspected of Ill: '" ernment were detained for short periods, contact with Liberians living abroad who ! but none were brought to trial. One death were opposed to the government. Howev­ >- sentence was known to have been im­ er, no charges were brought against her and '"tii z posed by the courts, but it was not known she was released in August after an ap­ • < whether any executions took place. plication for habeas corpus was granted by AFRICA / LIBERIA / MADAGASCAR

the Criminal Court. 51 John Vambo, a journalist, was also de­ tained without charge in August after he photographed a dispute in the street in which a military police officer was in­ volved. He was held for nearly six days, during which time he reportedly slept in a cell only one metre high. There were new allegations of abuses by the security fo rces in Nimba county, the home area of the leader of an unsuccessful 1985 coup attempt, Brigadier-General Thomas Quiwonkpa. In April, fo r exam­ ple, 14 people were reported to have been arrested and held without charge for sev­ eral weeks fo llowing an incident in which a group of people, including children, had been shot at by soldiers. In September fo ur Andrianarijaona. She remained in hospi­ people, two of whom were traditional tal, where she had been taken in August chiefs, were detained for between one and 1985 to receive treatment fo r injuries sus­ three weeks, apparently because they were tained at the time of her arrest. suspected of being in contact with exiled In December 1984 there had been vio­ government opponents. President Doe lent clashes between members of Kung Fu appealed in November fo r exiles to return clubs and Tonora Tongo Soi'no (TTS), and ordered roadblocks throughout Nimba "Youth Who Are Aware of Their Respons­ county to be removed. ibilities". Earlier in 1984 the clubs had One death sentence was announced been declared illegal because they had during 1987, following a murder trial in become increasingly identified with March in Nimba county. The outcome of opposition to the government. In August the defendant's appeal to the Supreme 1985 heavily armed government security Court was not known nor whether the forces attacked the principal Kung Fu execution was carried out. According to headquarters. A number of people were the trial judge, it was scheduled to take killed in the attacks and some 200 people place in April. were detained. Most of the detainees were Amnesty International appealed on be­ later provisionally released. The 38 people half ofGabriel Doe, calling for his immedi­ who remained in prison along with other ate release if he were not charged. No Kung Fu club members were charged on 9 response was received. November 1987 with various political and criminal offences but had not been tried by the end ofthe year. Some ofthose detained without charge since August 1985 may MADAGASCAR have been prisoners of conscience. Many students were arrested in connec­ tion with protests against government Thirty-eight political prisoners arrested plans to reform the universities. Student

in 1985, including some who may have strikes started when these plans were :. J: been prisoners of conscience, remained in announced in November 1986. In February z custody throughout the year without trial. there were violent confrontations between § Students arrested in February 1987 were students, who occupied university build­ i also held without charge or trial. Many ings in Antananarivo and other cities, and .... ,., '" other prisoners held on criminal grounds security fo rces. In March striking students z reportedly died as a result of malnutrition continued to demand the release of some o� and harsh conditions. z 40 students who had been detained. Sub­ :. The 38 political prisoners arrested in ... sequently, most of those detained were '" August 1985 were suspected of belonging believed to have been released without ,., � to banned Kung Fu martial arts clubs. All charge. Francis Aime Mandialahy, a stu­ � of them were detained without trial in dent leader. was arrested on 7 May. He is ...:;; Arivonimamo Prison, except Samuelle the adopted son of Monja Joana, the leader ... AFRICA / MADAGASCAR / MALAWI

52 of the opposition party Madagasikara for their religious beliefs and activities. Otronin'ny Malagasy (MONIMA), Madagas­ Prison conditions were reported to be car for the Malagasy. Francis Aime Mandi­ harsh and prisoners were believed to have alahy reportedly escaped from custody been systematically denied adequate food shortl y after arrest. over long periods. Amnesty International continued to re­ Under the Public Security Regulations ceive reports of overcrowding, malnutri­ 1965, the President may, "if he considers it tion and lack of adequate medical facilities to be necessary for the preservation of in prisons. For example, the prison at public order so to do, make an order Antanimora on the outskirts of Antananar­ against any person directing that he be ivo reportedly held several thousand more detained". Detention may be for an indefi­ prisoners than it was designed to nite period, although the President is re­ accommodate. Prisoners who received no quired by law to review detention orders extra food from their fa milies to supple­ every six months. The same security reg­ ment the prison diet, which consisted ulations make it an offence, punishable by almost entirely of the vegetable cassava, up to five years' imprisonment, to publish were said to be severely malnourished. anything which is likely "to undermine Many deaths apparently resulted from the authority of or public confidence in the prison conditions. In early 1987 reports government" . indicated that at least one prisoner died Malawi's best known poet, Jack each day in Antanimora prison. Mapanje, was arrested in Zomba on 25 During the year Amnesty International September. Police took him to his office at continued to investigate the cases ofthe 38 the university, where he is head of the prisoners held without trial since 1985. department of language and literature, and The organization called fo r their fair trial seized papers and copies of his book of or release. Amnesty International also poetry, Of Chameleons and Gods. Jack sought information from the authorities Mapanje was held incommunicado either about students arrested in February but at Zomba Central Prison or nearby Mikuyu received no response. Prison, where he remained at the end ofthe year. The government did not say why or under what law he was held, despite appeals from a number of international MALAWI literary figures, including the last two winners of the Nobel Prize for Literature, Joseph Brodsky and Wole SoyinkB. Uncon­ firmed reports suggested that he might have been charged with sedition. Freedom of speech and artistic expres­ sion remained very limited. All publica­ tions had to be submitted to an official Censorship Board before they could be circulated within the country. At about the time of Jack Mapanje's arrest, the Cen­ sorship Board banned Of Chameleons and Gods, which had been published in 1981

.. and was previously allowed limited cir­ .. � culation in Malawi. However, his arrest :;; may have been related to a forthcoming volume of poems, which some observers '"� '" suggested might have been seen as critical .... c z Three prisoners of conscience whose of the government. o identity was known and many other pol­ Orton and Vera Chirwa, both prisoners z� itical prisoners who might be prisoners of of conscience, were convicted of treason '" '" conscience remained in Malawian pris­ after an unfair trial in a traditional court in ! ons at the end of 1987. Some had been 1983. They were initially sentenced to ,.. convicted after unfair trials in the tradi­ death, but these sentences were commuted '"� z tional courts. Those held reportedly in­ in 1984 after international appeals on their a c cluded Jehovah's Witnesses imprisoned behalf. In January 1987, President Banda AFRICAI MALAWI I MALI

made a speech in Blantyre in which he Congress Party. The sect is banned under a 53 accused Orton Chirwa, who was leader of section of the penal code which makes the exiled opposition Malawi Freedom individuals liable to imprisonment if they Movement, of cont inuing his political further the aims of an "unlawful society" activities in prison and of circulating criti­ - that is, any group considered to be cal leaflets from his prison cell. The Presi­ "dangerous to the good government of the dent is reported to have said that Orton Republic". Several dozen Jehovah's Wit­ and Vera Chirwa did not deserve the nesses were believed to be detained with­ clemency that had been shown them and out trial at Dzeleka Prison Farm and Maula that the Malawi Young Pioneers, a para­ Prison. military youth brigade composed of mem­ Throughout the year Amnesty Inter­ bers of the ruling party, would "do a job" national continued to appeal to the Malaw­ on them. However, President Banda ian Government for the release of prisoners apparently later gave assurances that the of conscience. In particular, the organ­ Chirwas had not been threatened. During ization sought assurances concerning the 1987 Orton and Vera Chirwa were transfer­ safety of Orton and Vera Chirwa after red from Mikuyu Prison to Zomba Central President Banda's Blantyre speech in Prison, where conditions are poor. During January, as well as pressing the govern­ an earlier period of imprisonment at Zom­ ment fo r prisoners of conscience to be held ba, Orton Chirwa was manacled for long in humane conditions. Amnesty Inter­ periods each day and handcuffed to an iron national continued to investigate the cases bar at night. Although he could lie down to of a number of possible prisoners of sleep, he could not move freely even in his conscience. own cell. In these conditions Orton Chir­ wa, who is in his mid-60s, suffered in­ creasingly bad health. Vera Chirwa's health had been poor for some years and MALI also suffe red a deterioration in prison. In September police Special Branch officers arrested Goodluck Mhango, a 32-year-old veterinary doctor employed at the agricultural wing of the Malawi Young Pioneers in Lilongwe. He was reported to have sustained serious injuries to his head after beatings by police prior to his deten­ tion at Maula Prison in Lilongwe. It was reported that the reason fo r his arrest was his relationship to his brother, a journalist resident outside the country whose pol­ itical writings about Malawi had dis­ pleased the government. Amnesty Inter­ national was investigating whether Dr Mhango was a prisoner of conscience. Amnesty International received con­ firmation of the release from Mikuyu Pris­ One prisoner of conscience was detained

on of two political detainees, Francis Pol­ without charge fo r a short period. Two :. E lock Mhango, a journalist held since 1981, long-term political prisoners were re­ z '" and Ferndo Mfipa, a former civil servant. ported to have died in Taoudenit prison � Another political detainee, Ulemi Mson­ camp. At least 19 people were sentenced z thi, a farmer and son of a fo rmer Cabinet to death during the year, but it was not .... '" .. Minister, was released from Maula prison known whether any executions were car­ z where he had been held uncharged since ried out. �o z 1984. Samba Diallo, a college lecturer, was :. Members of the Watch Tower Bible and r- detained without charge fo r one week fo l­ .. Tract Society (Jehovah's Witnesses) lowing his arrest in March, reportedly for '" � apparently continued to be imprisoned criticizing the head ofstate, General Mous­ � because of their conscientious refusal to sa Traore, at a private meeting. He was join the sole political party, the Malawi taken to a punishment cell in the main AFRICAI MALI I MAURITANIA

54 police station in Timbuktu, over 1,000 kilometres from Bamako, the capital, where he lived. He was subsequently re­ MAURITANIA leased without charge. Two political prisoners were reported to have died in Taoudenit prison camp in the far north. In August the authorities apparently confirmed the death of Yous­ souf Balla Sylla, who was sentenced to 15 years' imprisonment in October 1978 after being convicted of plotting to overthrow the government. Sounkalo Samake, who was sentenced to 10 years' imprisonment in the same trial, was also reported to have died. In recent years it has been reported that prisoners in Taoudenit have been denied proper medical treatment and per­ mitted no contact with their fa milies. Several prisoners are known to have died there in recent years, apparently as a result of the lack of medical facilities and severe A number of people, mostly critics of the conditions, particularly at the salt mines dominance of members of the Arab­ where they are fo rced to work. Six of 27 Berber community in the government, defendants sentenced to imprisonment were arrested, and some were tried and with hard labour in 1978 for conspiring to sentenced to prison terms. Among them overthrow the government were reported were several prisoners of conscience. to be still held in Taoudenit, all in poor Other political prisoners sentenced after health. They included Karim Dembele, a a seriously defective trial in 1986 were fo rmer army officer and member of the held throughout 1987, as were the former military government, and Alou Mahamane head of state and several fo rmer govern­ Traore, a fo rmer air force officer. ment officials who were kept under house On 22 September General Traore arrest. The first executions since the gov­ granted a presidential pardon to some 30 ernment took power in 1984 occurred in prisoners to commemorate independence December, when three army officers were day. They included Ahmadou Kone and shot a few days after being convicted of four other fo rmer officers in the armed conspiring to overthrow the government. fo rces who were convicted in 1977 of The government maintained its ban on attempting to disrupt the internal security political parties, and the right to freedom of the state. The identity of the others of association remained strictly circum­ released was not revealed, and it was not scribed by laws requiring official registra­ known whether any prisoners of con­ tion and approval for all associations, science were among them. whatever their aims. Tension continued At least 19 people were sentenced to between the Arab-Berber community and death in 1987, three of them in absentia, the black population of the south, particu­ but it was not known if there were any larly the Toucouleur ethnic group, after

GO executions. Four of the 19 were convicted unrest in 1986. GO � on criminal charges, one in absentia, in Seventeen alleged supporters of a I­ '" June. Fifteen people were also known to Ba'athist political party were arrested in have been sentenced to death by the Spe­ September but most were released un­ ...� '" cial Court of State Security, a special court charged within a few weeks. Six, however, .... c z whose jurisdiction includes offences in­ were convicted of belonging to an unauth­ o volving state property. All 15, who in­ orized organization and given suspended z� cluded two sentenced in absentia, were sentences. Some of them had previously '" ... convicted of misappropriating state funds. been imprisoned from 1981 to 1984 fo r ! The death penalty is mandatory under law attempting to establish a Ba 'athist political � in Mali for anyone convicted of embez­ party in Mauritania. ... z zling more than 10 million CFA francs Seventeen political prisoners who had :lE c (US $36,000). been sentenced to prison terms fo llowed AFRICA I MAURITANIA

by internal exile on 25 September 1986 house arrest. He was returned to Maurita­ 55 after a seriously defective trial (see Amnes­ nia on 10 May under an extradition order ty International Report 1987) remained in issued on the grounds that he had been prison. They had been convicted after they charged in 1984 with embezzling public published a manifesto alleging discri mi­ fu nds. He was not brought to trial, how­ nation by the predominantly Arab-Berber ever, but was reportedly returned to house military government against the country's arrest in Sl§libaby.He and the other fo rmer black population. It was believed that a officials under house arrest were allowed number were ill-treated in police custody. fa mily visits in May for the first time since Their appeal to the Supreme Court was their arrest. There were reports that two of dismissed in February. Family visits were them were seriously ill during the year. denied them throughout the year. In late On 6 December three armed forces offi­ 1987 the 17 prisoners weretransf erred to a cers were executed after being convicted remote prison in Oualata, some 1,400 by a special state security court. They were kilometres from the capital, Nouakchott. among 51 members of the black commu­ There were a number of trials between nity, all but fo ur of them serving military September 1986 and April 1987 arising personnel, who were arrested in late Octo­ from protests which fo llowed the verdict ber and accused of plotting to overthrow of the 25 September 1986 trial. At least 40 the government. They were held incom­ people were sentenced to prison terms municado in police custody and allegedly ranging from eight months to five years. In deprived of sleep for long periods while two trials in March and April, 19 people being interrogated. They were tried under were convicted of arson after being de­ a special summary procedure on the tained incommunicado in police custody grounds that they had been caught in the for long periods. They were convicted act of committing an offence. Their de­ primarily on the evidence of statements fe nce lawyers were denied access to them they had made in custody, some of which until the morning of the trial, which took were alleged to have been made under place at Jereida Barracks from 18 Novem­ duress. Among those convicted in March ber to 3 December. Eighteen of those con­ and sentenced to five years' imprisonment victed were sentenced to life imprison­ were Abdoul Aziz Kane, an agronomist, ment, nine to 20 years in prison, and others and Saidou Kane, a student; both were to shorter or suspended prison terms; held for three months in police custody seven were acquitted. None of those con­ and were allegedly tortured. Arson victed had a right of appeal and the three charges were reportedly not brought officers sentenced to death were executed against those convicted in April until just only three days after their conviction. before the trial, al lowing the defendants Following the executions, some mem­ insufficient time to prepare their defence. bers of the black community who pro­ Violence, including arson, did take place tested publicly were briefly detained and in late 1986, but no substantial evidence interrogated. There were reports that some appeared to have been produced at these were ill-treated in police custody and re­ trials to prove that the defendants had been mained in detention at the end of the year. involved. The real reason for their arrest In January an Amnesty International was believed to be their support for those delegate visited Nouakchott to seek further convicted on 25 September 1986. The out­ information about arrests during the come of appeals to the Supreme Court by second half of 1986 and the 25 September > I: those convicted in the two trials was not 1986 trial. He met government ministers, z ", known to Amnesty International. other government officials and lawyers. In Cl> � Mohamed Khouna Ould Haidalla, the April Amnesty International summarized i former head of state, remained under its concerns in a letter to the head of state, ;;l '" house arrest throughout the year, as did Colonel Maaouya Ould Sid' Ahmed Taya. z five members of his government detained It drew attention in particular to the lack of := (5z following the coup of December 1984. One, evidence produced at the September 1986 > ... Moulaye Hachem Ould Moulaye Ahmed, trial that the defendants had used or advo­ '" ", escaped in December 1986 from Sl§libaby, "0 cated violence and to serious deficiencies o where he was held, and sought asylum in in pre-trial and trial procedures. In June � - Senegal, claiming that he had been denied the Minister of Justice replied, claiming ID .. adequate medical treatment while under that the trial had been fa ir. He cited an .. AFRICA / MAURITANIA / MAURITIUS / MOZAMBIQUE

56 opposition group's document as evidence death sentence for trafficking in "danger­ of the defendants' advocacy of violence ous drugs", including opium, heroin, can­ and referred to violent incidents, although nabis and coca leaves. Unlike other serious the document was not used as evidence at offences in Mauritius, where the verdict is the trial and the violence took place after determined by a jury of nine, people the trial. Amnesty International continued charged with trafficking under the Danger­ to investigate whether the 17 still impris­ ous Drugs Act are tried by a judge sitting oned were prisoners of conscience. without a jury. Amnesty International appealed to Prime Minister Anerood Jugnauth for clemency in the case of Eshan Nayeck MAURITIUS shortly before he was hanged. The organ­ ization also appealed on behalf ofthe other four prisoners under sentence of death and called on the government to amend the Dangerous Drugs Act to remove the death penalty. During the campaign leading up to the general election in August - which was won by Prime Minister Jugnauth's ruling coalition - Amnesty International wrote to all the major parties asking them to commit themselves to abolition of the death penalty. MOZAMBIQUE

Eshan Nayeck became only the second person since independence in 1968 to be executed in Mauritius. The first two death sentences were imposed under the Dangerous Drugs Act 1986, and two other prisoners were also under sentence of death at the end of 1987. Eshan Nayeck was hanged at Beau Bas­ sin Prison on 10 October after being con­ victed of murder. He did not exercise his right to appeal. His case, like all those involving the death penalty in Mauritius, was reviewed by the Commission on the Prerogative of Mercy, which advises the Prime Minister. At the end of 1987 two Abuses of human rights, in particular the other prisoners, Anatole de Boucherville long-term detention without trial of pol­

., and Poonoosamy Pongavanam, were itical prisoners, continued against a back­ ; under sentence of death fo r murder. Their ground of widespread armed opposition ... to the government and economic disrup­ '" cases had been submitted to the highest court of appeal for Mauritius, which is the tion. However, the government also took �'" '" judicial committee of the Privy Council in action to improve respect for human .... c rights. Two prisoners of conscience and z the United Kingdom . o In December Mohammed Mukhtar Ali over 30 other political prisoners were z� and Gulam Rassool were sentenced to released in December and the sentences of '" '" death after being found guilty of drug­ some 30 other political prisoners con­ ! trafficking under the Dangerous Drugs Act victed after unfair trials were reduced, � 1986. They were the first prisoners to face although they remained in prison. Court­ '" z the death penalty under this new law. imposed floggings were reported during :lE c Article 38 of the Act provides a mandatory the first half of 1987. AFRICA/ MOZAMBIQUE

There was continued fighting through­ had enabled it to carry out attacks along 57 out the year between government fo rces the "Beira Corridor", the area through and the armed opposition, Resistencia which a railway line, a road and an oil Nacional Mo�ambicana (RENAMO or RNM), pipeline link the port of Beira with Zim­ Mozambique National Resistance. It was babwe. At least three other people were particularly intense in the central prov­ arrested and accused of participating in inces during the first half of 1987. The armed attacks on fo ur buildings in a Mapu­ government, which was assisted by Zim­ to suburb on 29 May. None of these civil­ babwean and Tanzanian troops, claimed ians or captured RNM rebels were known to that the RNM received provisions and other have been charged or tried. support from South Africa. Most political prisoners were held for The internal conflict was marked by long periods without charge or trial. reports of human rights abuses, including Among them were RNM activists, civilians the torture and killing of civilians and suspected of supporting the RNM and peo­ summary executions of both soldiers and ple arrested in the mid-1970s who may civilians. However, Amnesty Inter­ have "disappeared". national was not able to establish respon­ Suspected RNM activists arrested since sibility for individual killings. The govern­ the early 1980s were believed to be held ment claimed that RNM guerrillas deliber­ without any fo rm of judicial procedure in ately killed civilians in attacks on villages prisons or detention camps near provin­ and on road and rail traffic. The worst cial capitals. Those who surrendered to incident occurred on 18 July, when over the authorities were sent to special cen­ 400 civilians were killed, apparently by tres with the declared aim of eventually the RNM, at Homoine, in Inhambane pro­ rehabilitating and releasing them. vince. The government accused South In December the People's Assembly Africa of responsibility for organizing the enacted an amnesty law which guaranteed RNM attack, but the South African Govern­ that armed government opponents who ment denied this. RNM officials abroad surrendered within a 12-month period denied that the Homoine killings were would eventually be released into civilian committed by the RNM and attributed them life. to mutinous local militiamen. A joint Untried political detainees suspected Mozambican-South African working of supporting the RNM by providing in­ group was set up to investigate the inci­ formation or other assistance were be­ dent but its findings had not been made lieved to be held in Maputo or in provin­ public by the end of the year. cial capitals by the Servi�o Nacional de The RNM was reported to be holding Seguran�a Popular (SNASP), People's many prisoners captured during raids on National Security Service. Some were towns and villages either in 1987 or in held in Machava barracks on the outskirts previous years. They were said to include of the capital, Maputo, in the custody of children, some of whom, it was alleged, the SNASP. Like all detainees held by the were subsequently made to participate in SNASP, they had no right to ask a court to acts of violence. They also included a examine the legality or grounds of their number of foreigners: six were released detention. Many were initially held in­ and seven more captured in May. Some of communicado. One, Joao Libio Martins do those taken prisoner by the RNM were Quental, a Portuguese pilot, was arrested reported to have been summarily killed in December 1984 at Maputo airport, soon after their capture. apparently on suspicion of air-lifting sup­ Official sources reported that about 100 plies from South Africa to the RNM. He was RNM fighters were captured during the reportedly flogged fo r an alleged disciplin­ z year. One of them, Simiao Laquene, re­ ary offence in October 1986. Another un­ ... ,., '" portedly told journalists on 21 September tried detainee, Paulino Tenis Botao, a for­ z that he had been in the RNM camp from mer local government official, was o� z which the attack on Homoine had been arrested in 1982 or 1983, apparently on :. RNM. ... launched. Unarmed civilians suspected of suspicion of sympathizing with the '" ,., supporting the RNM were also detained. According to a law passed in December "V o Among them were several railway workers which reduced the sentences of convicted :!l arrested in May who were accused of political prisoners, untried detainees ..:;; providing information to the RNM which could also qualify fo r release. However, .. AFRICA I MOZAMBIQUE

58 none were reported to have been released The trials of these prisoners by the as a result of this law by the end of 1987. Revolutionary Military Tribunal had not No long-term detainees held in deten­ been fa ir. Some defendants had not been tion or "re-education" camps since the informed of their impending trial until mid-1970s were known to have been re­ they appeared in court. and only then had leased during the year (see Amnesty Inter­ they been fo rmally told the charges against national Report 1987). One of those still them and introduced to their officially apparently detained was Jose Eugenio appointed defence counsel. None of the Zitha, a book-keeper and medical student defendants were given an adequate oppor­ who was arrested in Maputo in October tunity to defend themselves. They had no 1974, soon after the Frente do Libertat;iio right to appeal to a higher court against the de Mot;ambique (Frelimo), Mozambique verdicts or sentences. Liberation Front, joined a transitional gov­ Some 50 people were sentenced by ernment in the period leading up to inde­ district and local courts between January pendence in July 1975. He was taken to and June to floggings of between fo ur and Nachingwea, Frelimo's base camp in 45 lashes. Most of the floggings were re­ southern Tanzania, where in April 1975 he ported to have been carded out in public. was accused before a gathering of journal­ Three women received sentences of five or ists and Frelimo activists of spying on 10 lashes each. and two men received the medical students. He was reportedly trans­ maximum sentence of 45 lashes. One had fe rred with other prisoners to a detention been convicted of rape by the Maputo City camp in Mozambique but his subsequent People's Tribunal in January and sen­ whereabouts were unknown. Like other tenced to eight years' imprisonment; the prisoners transferred from Nachingwea to other was convicted of theft by Marrupa detention centres in Mozambique, he Communal Village Tribunal in Cabo Del­ seemed effectively to have "disappeared" gado province in June. In contrast. from (see Amnesty International Report 1987). July to December Amnesty International About 40 convicted political prisoners learned of no court-ordered floggings. were reportedly released during the year, However. floggings and beatings con­ either on expiry of their sentences or in tinued. particularly by members of the December when the government reduced Policia Popular de Mot;ambique (PPM). the sentences of all those convicted by the Mozambique People's Police, at transit Revolutionary Military Tribunal - in control points. These practices were criti­ effect. all the country's convicted political cized by the Mozambican authorities but prisoners. Among those freed in December nevertheless persisted. was Dr Bonifacio Ricardo Jose. a prisoner Amnesty International called for the of conscience. He had been convicted in release of two convicted prisoners of con­ December 1979 of being an "active mem­ science. Dr Bonifacio Ricardo Jose and ber" of a clandestine organization set up to Leonardo Mabunda (see Amnesty Inter­ support the RNM and sentenced to 12 years' national Report 1987). Both were released imprisonment. in December. The organization continued Two other people imprisoned after to investigate the cases of both convicted trials by the Revolutionary Military Tri­ and untried prisoners whom it believed bunal had their 20-year sentences reduced might be prisoners of conscience. In par­ in December to 15 years. Pedro Jose Gon- ticular. it urged the authorities to make

GO calves. a storekeeper. had been arrested in information available about a number of GO � Madimba. near Mozambique's prisoners arrested and sent to "re­ with Malawi. in March 1978 and accused education" camps in the mid-1970s. but of illegally crossing the border. Security neither Amnesty International nor their officials searched his house and fo und an relatives obtained any new information .... c z unfinished play which he had written about them or their whereabouts. Amnesty o satirizing the head of state. He was con­ International also called for the abolition z� victed of insulting the head of state. agita­ of flogging. which it considers to be a '" ... .. tion. illegally leaving the country and cruel, inhuman and degrading punish­ !!: espionage. Dion Finlay Hamilton. a British ment. and for measures to protect prison­ ."� citizen whose sentence was also reduced. ers against torture and ill-treatment. ... Z was convicted in February 1983 of com­ a c plicity in an RNM attack in Beira. AFRICA ! NAMIBIA

into Angola and attacks against SWAPO 59 bases there. Both sides accused the other of NAMIBIA killing civilians but in most cases it was impossible to verify who was responsible. It continued to be reported that SWAPO held a number of prisoners within its camps in Angola. Many people were reportedly detained without charge or trial in 1987, including a number of prisoners of conscience. They included prominent members of SWAPO's internal wing, trade unionists, teachers and others, particularly in the north, who were suspected of supporting SWAPO, opposing continued South African rule or possessing information about SWAPO guer­ rillas. A number of detainees were first held under the provisions of Proclamation AG.9 of 1977, an administrative decree which permits the security forces to arrest Suspected opponents of continued South people arbitrarily and detain them without African administration of Namibia, in­ charge for an unlimited period. Previous­ cluding prisoners of conscience, were de­ ly, this provision was much used, as it tained without trial, in some cases for long permitted detainees to be held incom­ periods. There was graphic new evidence municado, but in February 1986 a Sup­ of the torture of political detainees. In one reme Court ruling established the right of case, security police officers admitted in detainees to have access to a lawyer after court that they had tortured and beaten 30 days in custody. Apparently as a conse­ defendants held in pre-trial custody. The quence of this ruling, a pattern emerged in officers were subsequently arrested at the 1987 whereby some detainees were held judge's direction but released when the initially under AG.9 and then transferred, authorities declined to prosecute them. In within 30 days, to detention under Section another case, a security police officer was 6 of the South African Terrorism Act. charged but acquitted in connection with Others were held from the outset under the death in custody of a political detainee Section 6, which, unlike AG.9, stipulates in 1980. Six members of the military, that detainees must be held incommunica­ including three senior officers, were do fo r the duration of their detention. charged in connection with the stabbing to Section 6 also permits the security police death of a former political prisoner dur­ to hold detainees without charge and in ing an attack by the security forces on solitary confinement for an unlimited people attending a political rally in period during interrogation and to with­ November 1986. There were also reports hold all information about the reasons fo r of extrajudicial executions by South Afri­ their imprisonment and about their where­ can security fo rces operating in northern abouts. The Terrorism Act was repealed in Namibia. The death penalty continued to South Africa in 1982, fo llowing a succes­ be imposed but neither the precise num­ sion of deaths in detention. The act re­ ,. E ber of sentences nor whether executions mained applicable in Namibia but was z "' '" took place was known. little used in comparison with Proclama­ ... The People's Organ­ tion AG.9 until the February 1986 Su­ � z ... ization (SWAPO) continued throughout the preme Court ruling on detainees' rights to "' .. year to oppose South Africa's administra­ legal access. z ,. tion of Namibia. SWAPO operated as a legal Info rmation about human rights re­ :;j o z political organization within the country. mained difficult to obtain from northern ,. r­ An external wing, based in Angola, Namibia, much of which continued under .. "' launched guerrilla attacks into Namibia ... a dusk-to-dawn curfew throughout 1987, o against South African fo rces and those but there were periodic reports of � supporting them. South African forces politically-motivated arrests. For exam­ :;;C» were responsible for repeated incursions ple, at least 12 people were reportedly C» AFRICA/NAMIBIA

60 detained in January in the Tsandi area of under Section 6 of the Terrorism Act. He Ovamboland district. The group included was still held incommunicado and in 60-year-old Elizabeth Amukwaya. a solitary confinement at the end of the teacher; Taimi Endjala. another woman; year. and other local teachers. They were re­ A number of detainees alleged that they portedly held under Section 6 of the Ter­ were tortured or ill-treated. For example. rorism Act before their release without Timoteus Ndakunda. a high-school head­ charge. No reasons were given fo r their master. alleged that he and his wife were arrests. Josef Katofa. a former prisoner of blindfolded. bound and subjected to de­ conscience and victim of torture (see grading treatment while detained over­ Amnesty International Report 1986). was night by soldiers in March. Nimrod Mure­ also detained in January. together with his mi. who was released without charge in father. They were held initially under September after three weeks' detention Proclamation AG.9 but the legal basis for under AG.9. alleged that efforts had been their detention may have been changed to made to keep him awake continuously Section 6 of the Terrorism Act. Both men while in custody. were released without charge. Josef Katofa Chilling evidence of torture also was again detained in July and considered emerged at the trial of two alleged SWAPO to be a prisoner of conscience. In late guerrillas and six civilians accused of September he was again released without assisting them. The eight had been charge. Following this release. he alleged arrested at different places and times and that he had been severely assaulted in detained under Proclamation AG.9 at detention. various interrogation centres. Defence Five leading members of SWAPO's inter­ lawyers contested confessions allegedly nal organization were arrested in dawn made by the defendants during pre-trial security police raids on 19 August. They detention. on the grounds that they had included Hendrik Witbooi. SWAPO's Vice been extracted under duress. Several President; Daniel Tjongarero. its Deputy security police officers then admitted in Chairman; and Anton Lubowski. a leading court that some of the defendants had been white member of SWAPO. Within days two tortured. A captain in the police Counter­ other SWAPO activists. both officials of the Insurgency Unit (COIN). formerly known as Mineworkers' Union of Namibia (MUN). Koevoet (Crowbar). was said to have were also detained. Ben Uulenga. the ripped an intravenous drip from the arm of secretary general of MUN. was arrested Andreas Johnny Heita. who had been shot when he returned to Namibia from abroad. at the time of his arrest. and beaten him All seven were held incommunicado and with a rubber hose during three hours' in solitary confinement under Section 6 of continuous interrogation. The victim the Terrorism Act at a detention camp at showed the court scars on his head. back Osire (see Amnesty International Report and shoulders which resulted from the 1986 and 1987). assault by Captain Frans Ballach and other The South African Administrator­ COIN personnel. General said that the detainees were held Other defendants in the case were also in connection with a bomb explosion in brutally assaulted. The barrel of a revolver July but the real reason appeared to be was reportedly pushed into the mouth of their non-violent activities on behalf of one. The police denied this allegation and SWAPO. in particular a MUN-Ied mine­ the use of electric shock torture on � � workers' strike then in progress at Tsumeb. Andreas Johnny Heita. Under cross­ ... Ill: The seven men were released on the orders examination by defence lawyers. however. o 0.. of a Supreme Court judge in September. security police interrogators said they be­ ... '" after their relatives brought an action chal­ lieved it necessary to apply "maximum -' c z lenging the validity of their detentions. violence" in order to obtain "satisfactory o The judge also criticized the continued use information" from detainees. A security �z of the Terrorism Act as a basis for deten­ policeman of 13 years' service testified '" ...... tions in Namibia. that interrogators were permitted licence !i Another senior SWAPO official. Jason to do whatever they wished to detainees so >­ ... Cl) Angula. was detained in October. He was long as they did not "unnecessarily" kill ... z first held under Proclamation AG.9 but them. :E c within 30 days transferred to detention Following these disclosures. state- AFRICA / NAMIBIA / NIGER ments obtained under duress were with­ area while in possession of a travel permit 61 drawn by the prosecution but six of the issued by the military. eight accused were subsequently con­ The death penalty continued to be ap­ victed and jailed. The trial judge called for plied but it was not known how many legal action against the two security police people were sentenced to death or whether officers most directly responsible fo r tor­ any executions took place. ture. They were later charged but not There were continued reports that the brought to trial. In December the Attorney external wing of SWAPO was holding pris­ General decided that their prosecution oners at its bases in Angola but the number should not proceed but gave no reasons for of detainees and most of their identit ies his decision. were not known. SWAPO said they had A security police officer accused of acted as spies for South Africa but other responsibility fo r the death of a political sources claimed they had been detained on detainee was brought to trial. Captain Pat account of disputes within SWAPO. They King had been named by the Windhoek included several fo rmer SWAPO officials Supreme Court in 1983 as one of those and at least two men who, before they went responsible for the torture and death in into exile, had been detained by the South detention ofJohannes Kakuva, a fa rmer, in African authorities in Namibia in the 1980 (see Amnesty International Report 1970s on account of their activities on 1984). It was not clear why the authorities behalf of SWAPO. took so long to prosecute him but he was Amnesty International intervened with acquitted in December when the pre siding the authorities on behalf of individual judge ruled that there was insufficient detainees and expressed particular con­ evidence to convict him, despite the 1983 cern about reports of torture and iII­ court ruling. treatment. In April Amnesty International In September the authorities also published a report, Namibia: Torture and brought murder charges against the com­ Ill-treatment of Prisoners, which con­ manding officer of the army's 101 Battal­ tained recent evidence of torture and criti­ ion, two colonels and three other military cized the use oflegislation on immunity to officers in connection with the November prevent prosecution of security personnel 1986 death of Immanuel Shifidi, a fo rmer accused of torturing or killing prisoners. political prisoner. He had been stabbed to Amnesty International also continued death when people attending a SWAPO throughout 1987 to seek further informa­ ralIy in Windhoek's Katutura township tion about prisoners held by SWAPO in were suddenly attacked by a group of more Angola. than 50 armed men in civilian clothes, subsequently identified as members of 101 Battalion who had been officialIy dis­ patched from the north to disrupt the rally. NIGER Their trial had notbegun by the end of the year and it appeared that South African State President P.W. Botha might invoke An amnesty for over 100 political prison­ Section 103ter of the South African De­ ers in detention or under house arrest, fence Act to prevent their prosecution. some of whom had been detained and Many civilians in Ovamboland and restricted without trial almost con­ other northern districts comprising the tinuously since 1974, was ordered by a military "operational zone" were reported new head of state in November. Colonel to have been assaulted or killed by South Ali Saibou, Chief of General Staff, was African security forces or COIN personnel. appointed head of state by the ruling In most cases, however, the individual Supreme Military Council following the circumstances in which the killings oc­ death of General Seyni Kountche on 10 curred were disputed. For example, when November. In further moves in December, Joseph Dumeni, brother of church leader President Saibou announced that other Bishop Kleopas Dumeni, was killed in political detainees would be brought to June, the security fo rces said he had been trial and commuted all death sentences. shot because he broke curfew rules. His Before President Kountche's death, fa mily denied this explanation, alleging over 100 people were held without charge that he had been killed outside the curfew or trial fo r political reasons. They w ere AFRICA /NIGER

62 the fo rmer President's special security advisor. He was alleged to be one of the leading conspirators but escaped arrest by fleeing the country. As many as 19 other people suspected of involvement in the same coup attempt were not released and reportedly remained in custody at the end of the year. They included Mahamane Sidikou, a former senior government offi­ cial who was reported to have been seriously ill while in detention. In Decem­ ber, President Sa'ibou stated that they would be brought to trial. Almost 60 people were released from house arrest under the November amnesty, including former President . He had been detained for six years fo llow­ held in administrative detention or under ing his overthrow in 1974 and was then house arrest and had been arrested in placed under house arrest after his release previous years for a variety of reasons. from prison. Five members of his govern­ Many appear to have been prisoners of ment, who had also been placed under conscience. Others were alleged to have house arrest fo llowing release from deten­ been involved in conspiracies to over­ tion, were also freed, as was Djibo Bakary, throw the government. Most of them were former leader of the Sawaba political par­ released in the amnesty on 20 November. ty, who had been detained without trial Cyrille Gabriel, a former government from 1975 to 1980 and then put under minister, was among 44 people released house arrest. from administrative detention under the A number of death sentences were com­ amnesty. He had been detained without muted at the time of the November amnes­ trial since 1975, apparently because he ty. Seven out of 12 members of the Tuareg had disagreed with President Kountche ethnic minority sentenced to death follow­ over government policy. Boulama Manga, ing an attack on government buildings in previously a gendarmerie officer and Tchin Tabaraden in May 1985 had their member of the ruling Supreme Military sentences commuted to life imprisonment. Council, was also released. He had spent It was not clear what had happened to the over seven years in detention without trial, other five, although unofficial sources sug­ apparently for refusing to take up a govern­ gested that they had died in detention. ment post to which he had been assigned A further amnesty fo r convicted pol­ in June 1980. Also released was Adamou itical prisoners was announced on 17 De­ Harouna, a senior government official held cember. President Salbou stated that it since February 1983, apparently fo r criti­ specifically excluded those still detained cizing a member of the government. Also in connection with the coup attempt of freed were 15 people arrested after an October 1983 who would shortly be unsuccessful coup attempt in March 1976, brought to trial. He also announced that he who were mostly fo rmer members of the had ordered a general amnesty for all security fo rces but also included Sanoussi nationals of Niger who had been involved Jackou. He worked at University at in opposition to the government, that work the time of his arrest and was one of about would continue on a new Constitution, seven prisoners who had apparently re­ and that local and regional elections mained in prison after serving five-year would be held. prison sentences imposed in 1976. On 30 December President Sa'ibou Sixteen people detained without announced that all death sentences which charge or trial fo llowing an attempt to had been confirmed on appeal and were overthrow the government in October not the subject of fu rther judicial review 1983 were among the 44 released de­ were being commuted to life imprison­ tainees. They included the wives and ment; it was not known how many prison­ domestic employees of former Lieutenant ers benefited from this. Amadou Oumarou, known as "Bonkano", Amnesty International welcomed the AFRICA / NIGER / NIGERIA release of those who had been detained provides for administrativ� detention 63 and held under house arrest without without trial. Although the authorities de­ charge or trial for pol itical reasons, and the clared an intention to charge them with commutation of all death sentences. Over sedition, they were released without the years, the organization has raised charge by 22 December. many of these cases with the authorities Alhaji Shehu Shagari and Alexander but has never received any response to its Ekwueme, the former President and Vice inquiries and appeals. President whose civilian government was overthrown in a military coup in 1983, remained under restriction throughout the year. They had been released from deten­ NIGERIA tion without trial in July 1986, on condi­ tion that they remained in their homes in rural areas. Another fo rmer head of state, Major­ General , and fo rmer Chief of Staff, Supreme Headquarters. Major-General also re­ mained restricted without trial throughout the year, reportedly under house arrest. They had been removed from power in a bloodless coup in August 1985. Clashes between Christian and Muslim students in Kafanchan. . on 6 March sparked riots in other parts of the state. Nineteen people were killed and over 450 buildings destroyed. including churches and mosques. More than 600 people were arrested. including children More than 100 people were sentenced to nine years of age, and there were uncon­ death and there were at least 45 execu­ firmed reports that detainees had been tions, most of which were carried out ill-treated in detention. President Ibrahim publicly. The majority of those con­ Babangida subsequently claimed that demned to death and executed were sen­ some of the violence had been engineered tenced by tribunals from which there was by subversives. By the end of the year, no right of appeal. The right of appeal to a more than 170 defendants had appeared higher court was also denied to more than before the Civil Disturbances Special Tri­ 170 people tried in connection with reli­ bunal. established by Decree No. 2 0f 1987. gious riots which broke out in March in and more than 50 had been convicted. Kaduna state. More than 20 trade union Most were convicted of arson, riot and leaders were detained without trial for up unlawful assembly. The five-member tri­ to one week in December and fo ur leading bunal was headed by a Supreme Court members of former governments re­ judge. Its other members. who included an mained under restriction, without trial, officer in the armed forces, were not re­ throughout the year. quired to have legal training. Those con­

The arrests of trade union leaders, all of victed by the tribunal had no right of :. 31: whom appeared to be prisoners of con­ appeal to a higher court and sentences z '" science, occurred in December after the were subject only to confirmation by the Cl! national trade union federation, the Niger­ Armed Forces Ruling Council, the su­ � Z (NLC), .... ian Labour Congress began a cam­ preme executive body. At least seven were '" '" paign against the removal of government sentenced to prison terms of between four z oil subsidies. On 14 December three NLC and five years fo r possession or publica­ o� z officials were detained by the State Secur­ tion of seditious materials. Amnesty Inter­ :. NLC ... ity Service. In the days fo llowing, national investigated whether they were '" president Alhaji Ali Chiroma and more '" prisoners of conscience. � than 20 regional NLC officials were also Most of the people known to be held � - detained. They were held under State under sentence of death were tried before ID OD Security Decree No. 2 of 1984, which Robbery and Firearms Tribunals, estab- OD AFRICA I NIGERIA I RWANDA

64 Iished under the provisions of the Robbery tences and for an end to executions. The and Firearms Decree of 1984 to ensure that organization also asked about the powers armed robbery cases were tried without of the Civil Disturbances Special Tribunal delay. Some procedures of these tribunals, to impose death sentences and made in­ notably an absence of the right to appeal to quiries about the detention of trade union a higher court, contravened basic interna­ leaders in December. tional standards on application of the death penalty. Cases involving other serious offences, such as murder, were tried before the High Court and appeals RWANDA could be made to the Appeal Court and then to the Supreme Court. Seventy prisoners under sentence of death in Benin City prison, Bendel state, assaulted an official on 6 May, apparently in an unsuccessfu l attempt to prevent the hanging of two prisoners and in protest against prison conditions. Twenty-four prisoners were killed during the quelling by prison officials and police of a subse­ quent riot, and more than 40 prison offi­ cials were subsequently dismissed, trans­ ferred or disciplined. A judicial commis­ sion of inquiry established to examine the causes of the riot heard allegations that prisoners had been clubbed to death by prison officials. The commission submit­ Almost 300 prisoners of conscience, con· ted its conclusions to the Minister of Inter­ victed in 1986 for belonging to illegal nal Affairs in October. By the end of the religious sects, were freed in July. Three year, these fi ndings had apparently not others, convicted in 1981, were freed in been made public. December. Other political prisoners re· In September the Federal Military Gov­ mained in custody, including one prison. ernment reportedly ordered the governors er of conscience convicted in 1981 and a of Lagos, Ogun, Oyo and Ondo states to fo rmer prisoner of conscience rearrested execute at least 100 individuals sentenced in 1986, who remained in detention with· to death fo r robbery. The directive, which out trial throughout 1987. More than 500 was to be carried out by the end of the death sentences were commuted by the month, was apparently issued fo llowing head of state in July, but others were intensified police action against an up­ imposed by the courts. No executions surge of armed robbery. Many of those were reported. sentenced to death were believed to have Some 288 people convicted in October been tried before Robbery and Firearms 1986 by the State Security Court on Tribunals and sentenced to execution by charges relating to membership of reli· firing-squad. Others, including some 19 gious sects which the authorities con­ people under sentence of death in Lagos sidered to be subversive remained in pris­ state, were believed to have been con­ on until July. They were members of four :g � victed by the High Courts and to be await­ sects: the Aburokore, the Elect; the Abuntu li: ing appeal hearings. Amnesty Inter­ b'lmunu bihunu, Repentant People ofGod ; o Cl. national was unable to learn whether the the Abutumperu, Temperance Movement; '" .. executions took place. However, an acting and the Abuyohovu, Jehovah's Witnesses. ...l < Z governor in Lagos state was reported to Eleven of these prisoners were aged under o have signed death warrants authorizing 18 at the time of their arrest and were z� the execution by firing-squad of people serving sentences of fo ur years' imprison­ .. '" sentenced by the High Courts to death by ment. Most of the others were serving ! hanging. eight-year sentences, while 48 (most of e Amnesty International appealed to the them Jehovah's Witnesses) had received '" z Nigerian authorities throughout the year 10-year sentences and three Jehovah's Wit­ • < for commutation of individual death sen- nesses had been sentenced to 12 years' AFRICA / RWANDA / SENEGAL

imprisonment (see Amnesty International As in previous years. there were reports 65 Report 1987). of untried political prisoners being severe­ After investigating the cases of these ly beaten and confined to cachots noirs, prisoners fo r some months after their trial, unlit punishment cells, for long periods. Amnesty International concluded in early Some convicted political prisoners were 1987 that they were prisoners of con­ also held in harsh conditions, particularly science. It believed that these prisoners in the high security unit at Ruhengeri had been imprisoned and convicted be­ Prison, where the inmates were seldom cause they ref used to take part in the allowed out of their cells fo r exercise or to activities of the ruling Mouvement revolu­ see visitors. No visits at all during 1987 tionnaire national pour le developpement were allowed to a group of prisoners con­ (MRND). Revolutionary National Move­ victed in June 1985 of participating in ment for Development, the only permitted extrajudicial killings of political prisoners political organization. in the mid-1970s. Five of them were under Other people associated with the same sentence of death and all were awaiting the fo ur religious sects who had been arrested outcome of a review of their cases by an during the second half of 1986, but who appeal court. By the end of 1987 no appeal had not been brought to trial, were still hearings had been held. held during the first half of 1987, and At the time of the anniversary of inde­ fu rther arrests of religious sect members pendence in July, several hundred death occurred. In July, however, at the time of sentences were commuted. The govern­ the 25th anniversary of Rwanda's inde­ ment announced that all death sentences pendence, the government announced that which had been confirmed upon appeal all the prisoners convicted on account of and which were not the subject of further their membership of religious sects were judicial review were being commuted to being released. It was later reported that all sentences of life imprisonment. In May the other sect members who were in cus­ 1986 an Amnesty International mission to tody had also been freed. Rwanda had been told that 560 people Following these releases, a small num­ whose appeals had been refused were ber of peopleconvicted by the State Secur­ under sentence of death; by July 1987 the ity Court in 1981 of distributing docu­ total was believed to be higher. ments which the State Security Court con­ In June Amnesty International submit­ sidered seditious remained in prison. ted a 20-page report to the Rwandese Gov­ They included fo ur prisoners of con­ ernment, specifying its reasons for con­ science, all of whom had been convicted in sidering the 288 members of religious sects 1981. Amnesty International considered to be prisoners of conscience and explain­ that they had been exercising their right to ing why it had concluded that their trial freedom of expression. Three of the four had been unfair. There was no reply from were released in December, along with one the government, but in July they were other convicted political prisoner, before released. completing their sentences. One other prisoner of conscience convicted in simi­ lar circumstances, Antoine Mihigo, was believed to have been freed after serving a SENEGAL six-year prison sentence. At the end of 1987, only one prisoner of conscience convicted in 1981 was still held: Donat More than 150 people were imprisoned OD Murego, a former Ministry of Justice offi­ suspicion of supporting a separatist cial sentenced to 10 years' imprisonment. movement in the region. Most z .... Another person convicted in 1981 re­ of them were released before the end of m '" mained in custody throughout the year the year, as was a prisoner of conscience Z without being brought to trial. Apollinaire held since 1982. Some of those released �o z Bikolimana had been released at the end of alleged that they had been tortured or » ,... his sentence in April 1986 but rearrested ill-treated in custody. '" in June 1986. He was said by the govern­ The security fo rces in the Casamance m � ment to be accused of subversion, but it region arrested 149 people between � appeared that he might be a prisoner of November 1986 and February 1987. most­ :;;.., conscience. ly at Thionk-Essyl and . A majority .., AFRICA / SENEGAL

66 arrested belonged to such an organization. Ninety-seven of those arrested were released on bail in April. Most ofthe others remained in pre-trial detention until November, when they were also released on bail. Only 10 were still held in Prison at the end ofthe year. These include five people from the Casamance region who were arrested on similar charges in July and two prisoners who were apparent­ ly detained in neighbouring Guinea­ Bissau and returned to Senegal, although the fu ll circumstances of their arrest were not known. Among them was Abdoulaye Badji, a 14-year-old boy, who was still held in December. In May another suspected supporter of of those arrested were peasant fa rmers, a separatist movement in Casamance, some of whom were elderly. They were Pathe Camara, who is known as "Djibril", accused of organizing a meeting and col­ was arrested. He was accused of providing lecting money to support a movement weapons to government opponents and seeking independence fo r the Casamance imprisoned in Ziguinchor. Members of the region. Many of them alleged that they Senegalese gendarmerie apparently were beaten and subjected to other ill­ arrested him in Guinea-Bissau, but it was treatment at the time of their arrest and not clear if the arrest took place with the during detention by the gendarmerie, the approval of the Guinea-Bissau authorities rural police fo rce, at Bignona and Ziguin­ and it seemed that his case had not been chor. Some of them said they were beaten examined by any court in Guinea-Bissau. severely, burned with cigarettes, sus­ The evidence against him was based main­ pended from iron bars in contorted posi­ lyon the fact that he worked as a gunsmith. tions for long periods, beaten on the soles After 10 days in the custody of the gendar­ of their feet or tortured with electric merie in Ziguinchor, where he was shocks during interrogation. Some also allegedly ill-treated, he was charged with said that they were handcuffed throughout smuggling, arms trafficking and activities their detention by the gendarmerie and threatening public security. However, his denied adequate food and medical care. case was not referred to the State Security Under the law, those arrested can be Court and at the end of the year, he was still held for no more than fo ur days by the held without trial in Ziguinchor. It seemed gendarmerie before being referred to the that there was insufficient evidence to procuracy. In fact, however, it appeared bring him to trial and that he might be a that most of the 149 people arrested were prisoner of conscience. held incommunicado for more than a week A number of prisoners from Casamance before they were formally remanded in who were arrested in 1982 and 1984 re­ custody and transferred to a prison in mained in prison. Many of them were Dakar. All of them were then charged with convicted of involvement in acts of vio­ endangering the integrity of national terri­ lence fo llowing the imprisonment of a tory, endangering the security of the state Roman Catholic priest, Father Augustin :;; and belonging to an illegal association. Diamacoune Senghor. Father Senghor was These charges were based on allegations regarded as a leader of the Casamance ....� '" that they had collected money for or pro­ movement demanding independence for ..... < z vided food to individuals who had evaded the region . o arrest after disturbances in Casamance Father Augustin Diamacoune Senghor z� in 1982 and 1983 and who were living in was arrested in December 1982 and '" ...... the bush in the region. Their activities charged with endangering the integrity of � were apparently interpreted by the gen­ national territory. He was sentenced to five

III� darmerie as involvement in a clandestine years' imprisonment by the State Security .... z separatist organization, although there Court in Dakar in December 1983. In 1987 :E < seemed to be no evidence that those Amnesty International received addition- AFRICA / SENEGAL / SEYCHELLES

al information about this case and con­ 67 sidered him to be a prisoner of conscience, imprisoned for peacefu lly expressing SEYCHELLES views critical of the government policy on the Casamance region. He was released from Thies Prison on 22 December, three days before his sentence expired. Two other prisoners tried and convicted with Father Senghor, Mamadou Sane and Mamadou Dieme, were also released in late December. On 10 April a court in Dakar convicted seven police offi cers of beating a criminal suspect to death in custody. They were sentenced to two years' imprisonment

68 alleged that an object had been inserted into ditions remained very harsh were received his anus. The fo llowing day they were during 1987. Severe food shortages for released from custody without charge and prisoners continued, but unlike previous admitted to hospital where both required years when a large number of prisoners treatment in an intensive care unit for two died as a result of the conditions (see weeks. The authorities made no public re­ Amnesty International Report 1987), few sponse to the men's claims of torture and prisoners were reported to have died. The were not known to have conducted an local press reported that food supplies inquiry into their allegations. destined fo r prisons had been illegally diverted and sold and that two senior prison officerswere arrested in September on suspicion of selling fo od supplies SIERRA LEONE meant for prisoners. No details about any proceedings against them were available by the end of the year. A commission of inquiry, chaired by a High Court judge, was established by the government in September to investigate the administration of the Prisons Depart­ ment and the welfare of prisoners and to recommend improvements. The commis­ sion was established apparently because of reports from various sources about harsh conditions of imprisonment. It had not made any of its findings public by the end of 1987. In November the head of state, Major­ General Joseph Momoh, declared a state of "economic emergency" intended to help solve the country's serious economic prob­ Sixteen people were sentenced to death lems. The state of "economic emergency" after a major treason trial but they had not allowed for the deportation, exclusion, been executed by the end of the year. In restriction or detention without trial of November a state of "economic emergen­ people whose activities were considered cy" which allowed the government to by the authorities to be "inimical to the detain people without trial was declared. good administration of Sierra Leone". A There were reports that conditions in the large number of people were arrested country's prisons remained harsh. under these emergency regulations in About 50 people were arrested in November and December. At the end of March in connection with a conspiracy to 1987 a number of them had been charged overthrow the government. A number and tried for economic offences but others were released uncharged, but 18 people were still held in pre-trial detention. were charged with treason and murder. An Amnesty International delegate Among them was the then Vice President, observed parts of the treason trial when it Minister of Justice and Attorney General, began in June. He concluded that the con­

.. Francis Minah. Their trial began in June duct of the proceedings he attended .. � before the High Court in Freetown. In appeared to conform to internationally ... '" October, 16 were fo und guilty of treason recognized standards fo r fa ir trial. Amnes­ and sentenced to death. Four were also ty International expressed concern at the ...� '" convicted of murdering a police officer -' death sentences imposed on the 16 men c Z killed at the time of their arrest. A soldier convicted in October and called on Presi­ o and a police officer were not convicted of dent Momoh to commute them ifthey were z� treason but were sentenced to prison terms confirmed by the Court of Appeal. No other '" ...... for fa iling to report the conspiracy to the death sentences and no executions were !: authorities. All submitted appeals to the reported in Sierra Leone in 1987. � OIl Court of Appeal, but their cases had not ... Z been heard by the end of 1987. :lE c New reports suggesting that prison con- AFRICA/ SOMALIA

government fo rces during theyear and was 69 responsible for killing some government SOMALIA officials in the north, as well as several SNM members in Ethiopia who were alleged to be Somali Government agents. Large numbers of people were arrested in the north in mid-January and the follow­ ing weeks. They were detained for long periods without charge. Arrests in Hargeisa, Burao, Berbera and Gebileh fol­ lowed attacks in the region by the SNM, the assassination ofthe regional security chief and demonstrations against the govern­ ment in these towns. The identities of few detainees held by the security fo rces, parti­ cularly the National Security Service (NSSj, could be confirmed. Some of those arrested in the north were released after relatives paid bribes or ransoms. Several hundred who had been detained outside More than 50 prisoners of conscience the framework of the law were reportedly were held throughout 1987. One of them freed in November, fo llowing an official had been detained without charge or trial review of detentions in the area. However, almost continuously since 1969, when the several hundred people were believed to present government came to power. There be detained without trial in the north at the were hundreds of new politically­ end of the year. motivated arrests and many people were In October a Somali asylum-seeker was detained without trial. Among them was returned to Somalia from Norway and at least one person who had been returned arrested on arrival by the NSS. He was to Somalia against his will after unsuc­ detained for nearly two months and tor­ cessful attempts to seek asylum in other tured under interrogation about his countries. A number of other people were attempts to seek asylum and alleged con­ imprisoned after unfair trials, including tacts with the SNM abroad. After his re­ nine religious teachers who were prison­ lease, he again left Somalia. ers of conscience. The nine prisoners' Many political detainees arrested in initial death sentences were later com­ previous years were still held without trial muted to life imprisonment. There were at the end of 1987. They included Yusuf reports that political prisoners were tor­ Osman Samantar,a prisoner of conscience tured and several prisoners of conscience detained without trial since 1975. His were said to be seriously ill as a result of arrest in 1975 followed six years of almost harsh prison conditions. An unknown continuous detention without trial. number of people were sentenced to death Some 70 civilians and members of the and there were at least fo ur public execu­ armed fo rces who had been arrested in tions. Unofficial sources suggested that mid-1986 because oftheir non-violent reli­ more than 100 people were executed but gious activities also remained in detention this information could not be confirmed. without charge or trial at the end of 1987. > K There were also reports of extrajudicial They had criticized the government fo r not z '" executions. fo llowing Islamic teaching and laws and '" � Increasing armed conflict in the north, had called for the repeal of restrictions on i .. particularly in the areas between Hargeisa the right to religious freedom. Among the '" '" and the border with Ethiopia, led to wide­ detainees was Sheikh Mohamed Moallim z > spread arbitrary arrests, ill-treatment and Hassan, a fo rmer director general in the ::j o z extrajudicial executions by the security Ministry of Justice and Religious Affairs, > ... forces. Civilians suspected of collaborat­ who had been a prisoner of conscience '" '" ." ing with the armed opposition Somali fo llowing a previous arrest. o National Movement (SNMj were targets of Several hundred Ethiopian nationals :!I these abuses. The SNM, which is based in who had entered Somalia to seek asylum :;; Ethiopia, launched several attacks against or had been abducted from eastern : AFRICAI SOMALIA

70 Ethiopia by Somali fo rces during the convicted on the basis of unsubstantiated armed conflict with Ethiopia in 1977 in the allegations that they supported the SNM. Ogaden area, were held incommunicado at Many other people were detained after a secret camp controlled by the NSS near Colonel Abdi's murder, for which the SNM Hawai in Somalia's Lower Shebelle region. claimed responsibility. Some of them They appeared to be prisoners of con­ escaped when the SNM attacked Hargeisa science, held because of their national on 15 May and others were apparently origin. A number of Ethiopian asylum­ released without charge later in the year. seekers allegedly detained on security In February reports indicated that six grounds, some of whom were released in fo rmer members of Parliament, detained 1987, also appeared to be prisoners of since 1982, were to be tried. The trial had conscience. It was reported that up to not occurred, however, by the end of the 7,000 other Ethiopians accommodated in year. The six included Ismail Ali Abokor, a officially recognized refugee camps were former Vice President; Omar Arteh Ghalib, fo rcibly conscripted into the army in Au­ a fo rmer Foreign Minister; and Mohamed gust and September. Other refugees were Aden Sheikh, president of the Somali reportedly imprisoned for seeking to evade Academy of Sciences (see Amnesty Inter­ this form of conscription. national Report 1987). In September Bri­ In April nine Islamic teachers who had gadier General Mahmoud Ghelle Yusuf, a been arrested in Mogadishu in May 1986 government minister who is also President were condemned to death by the National ofthe National Security Court, announced Security Court. They included a 60-year­ that the trial of the six would begin on 1 old sheikh, Hassan Olhaye Khalil, and a February 1988. It was believed that Ismail blind Quranic teacher, Sheikh Nur Barud Abdi Yunis, a former university dean, Gurhan. They were convicted under the Suleiman Nuh Ali, an architect, and 14 1970 National Security Law on charges other political detainees would be tried at including "exploiting religion for creating the same time and that they would fa ce national disunity or subverting or weaken­ charges carrying a mandatory death sen­ ing state authority", which carries a man­ tence. Despite repeated assurances by gov­ datory death sentence. None of the defen­ ernment law officers that the prisoners dants was represented by legal counsel of would have access to legal counsel fo r his choice, and their trial lasted only a few preparation of their defence, none of them hours. They had no right of appeal. apparently had been permitted to consult a However, their death sentences were com­ lawyer from the time of arrest in 1982 to muted to life imprisonment by President the end of 1987. Mohamed Siad Barre on 4 August. At least The authorities continued to disclose five other prisoners of conscience were few details about the conduct of trials sentenced to long prison terms at the before the National Security Court, but it conclusion of the same trial. was clear that defendants did not receive Four people arrested in December 1986 fa ir trials. They had no right to legal were executed in public in Hargeisa on 13 counsel until they were formally charged, August 1987, shortly after the National usually shortly before their trial began, Security Court convicted them of the mur­ and access to a lawyer of their choice was der of the NSS regional commander, Col­ restricted. Trials were often short or sum­ onel Ahmed Aden Abdi. The fo ur included mary and most of the judges were military

.. Abdi Ahmed Jama, a businessman who officers, some of whom had no legal train­ .. � was said to be seriously injured as a result ing. In contravention of international stan­ ... a:: of torture. Another person arrested in con­ dards, there was no right of appeal to a nection with this murder was Mohamed higher court, even in cases where the death �'" a:: Jama, a former airline pilot. Unofficial sentence was imposed. .... < z sources reported that he died in custody in Many political prisoners sentenced o mid-July as a result of torture. Mariam after unfair trials before the National z� Aden, a housewife, and a number of trad­ Security Court in previous years remained a:: '" ers and students were also sentenced to imprisoned. They included Aden Yusuf ! long prison terms in the same trial. Abokor, a hospital director, and 13 doc­ � No information about the trial proceed­ tors, teachers, businessmen and students. '" z ings was disclosed by the authorities, but it They were arrested in Hargeisa and sen­ :lE < appeared that some defendants had been tenced by the National Security Court in AFRICA / SOMALIA / SOUTH AFRICA

1982 to prison terms of up to 30 years for were reportedly executed in Hargeisa in 71 belonging to an allegedly subversive mid-January and a similar number of mili­ organization. The organization was a tary personnel in August and September. community self-help group. Amnesty The death penalty was mandatory for International investigated the cases of several offences addressed in National numerous other prisoners who in 1987 Security Court trials, some of which did were serving prison sentences imposed by not involve violence. In some cases death the court in previous years for alleged sub­ sentences were carried out only hours or version or links with the SNM. days after conviction. Reports of alleged In October a presidential pardon was SNM supporters being extrajudicially ex­ announced to mark the 18th anniversary of ecuted in the north were frequent but President Mohamed Siad Barre's acces­ difficult to confirm. sion to power. Although 1,697 convicted There were also unconfirmed reports prisoners reportedly benefited from the that several SNM members in Ethiopia, who pardon, the identities of those released were accused of being Somali Government were not disclosed. No prisoners of con­ agents, were executed by the SNM. science were known to have been among Amnesty International appealed during those freed. 1987 for the release of prisoners of con­ There were reports of prisoners being science detained without trial or sen­ tortured and ill-treated, particularly those tenced after unfair trials. The organization arrested in the north by the National sought the commutation of death sen­ Security Service. In a testimony consistent tences imposed on nine Islamic teachers in with other descriptions oftorture in Soma­ April and urged that, as prisoners of con­ lia, one political prisoner reported that he science, the nine should be released had been kicked and beaten with trun­ unconditionally. cheons while bent backwards in a position nicknamed the "Mig", subjected to electric shocks, submerged headfirst in water until he nearly drowned and beaten on his SOUTH AFRICA sexual organs while tied to a steel fra me. Female prisoners were reportedly sexually assaulted, as were women in their homes Hundreds of prisoners of conscience, in­ during frequent security fo rce searches for cluding children, were held on account of political opponents in the north. their non-violent opposition to apartheid. Conditions in prisons were harsh, par­ Thousands of people were detained with­ ticularly in the maximum security prisons out charge or trial under state of emergen­ of Labatan Jirow, near Baidoa, and Lanta cy regulations, which were renewed for a Bur, near Afgoi. Many political prisoners further year and extended in June, or were reportedly held incommunicado, de­ under other security laws permitting in­ nied medical attention and required to rely definite incommunicado detention with­ on relatives fo r fo od. Relatives often had to out trial. There were renewed reports of bribe prison staff to deliver fo od to their the torture and ill-treatment of prisoners, fa mily members. Some prisoners particularly political detainees held with­ apparently became ill as a result of harsh out charge, and deaths in custody under conditions and inadequate medical treat­ suspicious circumstances. Many people

ment, including Omar Arteh Ghalib and were prosecuted fo r alleged political of­ � E Mohamed Aden Sheikh (mentioned fe nces and it was common at such trials Z ,., above); Safia Hashi Madar, who worked as fo r detainees who had not been charged to � an aid agency official before her arrest in be compelled to give evidence as state i 1985; and Mohamed AIi Sulub, a doctor witnesses. In a number of cases, both ..... ,., '" freed from prison in 1986 and rearrested in defendants and witnesses under deten­ z � early 1987. tion complained of torture or iII­ :::! o z It was not known how many death treatment. � ... sentences were imposed or executions car­ The number of people executed in­ '" ried out during the year. In addition to the creased to an unprecedented level and ,., � fo ur public executions which took place in many new death sentences were imposed. � - lIargeisa in August more than 100 execu­ There were 164 executions in Pretoria ID .. tions may have occurred. Some 50 people Central Prison and hangings were also .. AFRICA / SOUTH AFRICA

72 science were detained under the emergen­ cy regulations in 1987. Some were held for relatively short periods but others re­ mained in custody without charge or trial throughout the year. The long-term de­ tainees included Raymond Suttner, a uni­ versity law lecturer, and Sehlolo Dennis Neer, a leading Port Elizabeth trade union­ ist. Both men had been detained hours before the nationwide was first imposed in June 1986. Other leading anti-apartheid activists such as Zwelakhe Sisulu, a newspaper editor, and the Reverend Molefe Tsele, a Lutheran pastor and spokesman fo r the National Education Crisis Committee, also re­ mained in detention throughout 1987. reportedly carried out in Transkei and They had both been arrested in December other nominally independent "home­ 1986. lands". Critics and opponents of the gov­ Other detainees held under emergency ernment were attacked by so-called "vigi­ regulations included leading members of lantes", allegedly linked to the security the United Democratic Front (UDF). such as forces or acting with their complicity, who Murphy Morobe and Mohammed Valli, were responsible for a number of killings. who were arrested in July, and other pol­ There was continued armed opposition itical activists, black community leaders, to the government, particularly by guerril­ trade unionists, human rights workers, las belonging to the banned African students and members of the End Con­ National Congress (ANC). They were be­ scription Campaign. lieved responsible for a number of bomb­ There were numerous reports that ings and other acts of sabotage, some of emergency detainees were held in severely which resulted in death. Several ANC activ­ inadequate prison conditions and sub­ ists based in Swaziland were also killed. jected to overcrowding, poor food and The ANC and Swazi authorities accused denial of proper medical care. Many chil­ South African security forces of respon­ dren and young people were also among sibility fo r these killings. those detained. In April the government Nationwide state of emergency regula­ acknowledged that 1,424 of 4,224 de­ tions, in force since 12 June 1986, were tainees then held under the emergency renewed for a further year by State Presi­ regulations were under 18. Some, includ­ dent P.W. Botha on 11 June. The new ing girls aged 12 and 13 years, were re­ regulations were similar to those they re­ leased hours before the emergency was placed but the powers of arbitrary arrest renewed in June and then immediately and detention without charge granted to detained again. In early October, 41 chil­ all security force personnel were in­ dren were released from detention. Sixty­ creased. Detainees could be held for up to nine others. including one aged 15 and 16 30 days, 16 days longer than previously aged 16, then remained in custody under permitted, without reference to higher the emergency regulations, according to authority. Thereafter, the Minister of the Minister of Law and Order. Law and Order retained, and in many cases Thirteen children were also among exercised, power which effectively per­ more than 200 people held incommunica­ mitted him to extend detention indefi nite­ do under the Internal Security Act at the ly without giving advance notice to anyone end of July, according to official figures. and without a hearing. The new regula­ One was under 15, but his identity was not tions also extended the immunity of all disclosed. Section 29 of the act, the legal police and security forces to prosecution basis for these detentions, permits the for any acts committed "in good fa ith" in security police to hold detainees without connection with their use of emergency charge incommunicado and in solitary powers. confinement indefinitely fo r interroga­ Many hundreds of prisoners of con- tion. The act also permits the police to AFRICA / SOUTH AFRICA

withhold information on detainees' been threatened by a security policeman 73 whereabouts. who tortured him during a previous deten­ In exceptional cases, evidence could be tion. An Amnesty International delegate produced to show that Section 29, despite visited Venda to inquire into his detention its wide-ranging nature, had been abused. but was denied access to him, despite the Court action in these cases resulted in the widespread international concern voiced release of detainees. In separate judgments about his safety in detention. Subsequent­ made in July, the Rand Supreme Court ly, Amnesty International renewed its call ordered security police to release Mike for his release. Dean Farisani was freed Roussos, a prominent trade union official, unconditionally on 30 January but the and Lawrence Ntlokoa and Bongani Dla­ authorities in Pretoria then prevented him mini, two leading members of the Kagiso from travelling freely within South Africa. Residents' Organization (KRO). In both Torture and ill-treatment of prisoners, cases, the detainees had initially been held particularly political detainees held with­ under emergency regulations and then out charge, remained common and wide­ placed under Section 29 provisions, spread. There were persistent reports of apparently in attempts to deny them ac­ detainees, including children, being cess to lawyers. Mike Roussos had been beaten with sjamboks (rhinoceros-hide arrested in May at the height of a strike by whips), hooded and subjected during in­ members of his uni on. The KRO leaders, terrogation to electric shock torture or however, had been held since June 1986, partial suffocation with plastic bags or when they were involved in a court action rubber tubing pulled over the face, a against the government connected with method of torture which leaves no marks. alleged killings of township residents by Many detainees were held in prolonged the security fo rces. The action was sus­ solitary confinement and allegedly pended after they and other KRO executive threatened with death or injury to them­ members were detained. selves or their relatives and abused by More than 250 people were reportedly security police interrogators. For example, detained under Section 29 during 1987. Father Casimir Paulsen, a Roman Catholic They included Jaki Seroke, a writer and priest, testified after his release from 85 fo unding member of the African Writers' days' detention in Transkei that he had Association, who was detained in So weto been stripped naked, handcuffed and par­ on 8 September, and Lizo Pityana, fo rmer­ tially suffocated by security police who ly banned and a prisoner of conscience. repeatedly thrust his head into a bag filled Lizo Pityana was taken from his home in with water. He was released without Zwide, Port Elizabeth, in the early hours of charge and never informed of the reason 10 December. In these and many other for his detention. He said other detainees cases, the authorities gave no reasons for in Transkei had received even more pro­ the detentions and would not disclose longed torture. In another case, 22 young where the detainees were held. Both men people, including children aged 14, were were still detained incommunicado at the reportedly beaten and tortured in August end of the year. by police at Petrus Steyn in Orange Free Many politically-motivated arrests also State province. occurred in the so-called homelands. In Further evidence of torture in 1987 and KwaNdebele, for example, there were earlier years emerged at a number of pol­ numerous arrests of local people, includ­ itical trials and at several inquests into > K ing schoolchildren, who opposed a pro­ deaths of detainees. In June a magistrate z ,., posal that the South African Government ruled that 10 Lebowa homeland police had Cl> declare KwaNdebele "independent". In caused the death in 1986 of Makompo ::;! i Kutumela, a Black Consciousness activist .... Venda, one offour nominally independent ,., '" homelands, those held included the Rev­ (see Amnesty International Report 1987). z erend Tshenuweni Simon Farisani, a He had received at least 41 sjambok blows o� z Lutheran Church dean, former prisoner of and had been denied medical treatment > ,... conscience and victim of torture. Arrested before his death. In August another inquest '" in November 1986 and detained incom­ ruled that Peter Nchabeleng, a UDF leader ,., � municado, he went on hunger-strike at the and former political prisoner, had been :!l beginning of January. In a letter smuggled beaten to death by Lebowa police in April :;;.. from prison, he alleged that his life had 1986. Neither case, however, was known .. AFRICAI SOUTH AFRICA

74 to have resulted in prosecution by the end camera. Much of the prosecution case was of 1987 of the police officers responsible. based on the testimony of detainees who It was not clear whether the Lebowa were obliged to give evidence as state Indemnity Act was officially interpreted as witnesses before they were released. One granting the officers immunity from pros­ witness subsequently retracted his testi­ ecution. Enacted in December 1986, this mony, claiming he had implicated the law granted immunity retroactively to all Reverend Arnold Stofile only under Lebowa officials, including police, for acts duress. The trial judge rejected this retrac­ committed between 1 June 1985 and the tion and accepted the initial testimony. imposition of state of emergency regula­ The identity of another key prosecution tions, which also contained an immunity witness was withheld even from defence provision, in June 1986. lawyers and the court. At least two detainees held under The death penalty was used on an emergency regulations and one detainee unprecedented scale. There were 164 ex­ held under Section 29 died in custody in ecutions in Pretoria Central Prison. All of 1987. Ashley Kriel, an alleged ANC guerril­ the victims were men, and all but nine of la, also died in suspicious circumstances. them were black. Other executions were Police said he was shot during a struggle believed to have taken place in the nom­ when they tried to arrest him in July but an inally independent homelands. At least eye-witness reportedly claimed that he two of those executed had been sentenced was handcuffed before he was shot. An for a politically-motivated killing. Further autopsy fi nding that he had been shot in death sentences for politically-motivated the back at point-blank range was also said crimes were imposed by the courts but had to be at variance with the police account. not been carried out by the end ofthe year. In one case, two police officers were On 1 December the Appeal Court con­ tried on charges of murdering a detainee, firmed the death sentences imposed on the Wheanut Stuurman, whom they had "Sharpeville Six" - five men and a arrested for wearing a Cradock Youth woman convicted in 1985 in connection Association T-shirt. Both officers were with the killing of a black township coun­ members of a police unit operating in cillor during civil unrest in September Cradock in July 1986. They were charged 1984. The court conceded that there was afterone member of the unit broke silence no proof of direct involvement by any of and alleged that they had detained and the defendants in the killing, amid allega­ tortured several black residents of Ling­ tions that certain statements presented by elihle township, including Wheanut . the prosecution as evidence had been Stuurman, who was so severely tortured obtained under torture. The six defendants that they decided to shoot him dead. The were petitioning the State President for trial was still in progress at the end of the clemency at the end of the year. year. There were new allegations that police There were many new political trials in and other security fo rces committed extra­ 1987. Some of the legal proceedings were judicial executions, as in the case of marked by serious deficiencies and some Ashley Kriel, mentioned above, or con­ of them involved prisoners of conscience. doned attacks on government opponents The long-running treason trial of 19 UDF by so-called "vigilantes". There appeared and Black Consciousness movement lead­ to be close links between the police and

.. ers continued throughout the year in the urban township groups such as Ama­ .. � Pretoria Supreme Court. In a notable de­ Afrika in the Port Elizabeth-Uitenhage I;; velopment in March, the presiding judge area and the Mbokhoto organization in abruptly dismissed one of his two asses­ KwaNdebele. Members of Mbokhoto were ...� co: sors, technical experts appointed to assist subsequently incorporated into the police -' C Z him, apparently because he considered force as "KitsKonstabels" (instant police). o him sympathetic to the accused. The judge It was also alleged that police fa iled to z� then dismissed a defence motion challeng­ investigate certain politically-motivated co: ... ing his own impartiality and calling on killings, even when sworn affidavits were ! him to withdraw from the trial. presented to them documenting the

III� The Reverend Arnold Stofile and three crimes. ... Z others were jailed by the Ciskei Supreme There were further attacks by unknown • C Court in May after a trial held mostly in assailants on critics or opponents of the AFRICAI SOUTH AFRICA I SUDAN

government, a number of whom were none of these sentences were carried out. 75 killed. They included Eric Mntonga, a Court-imposed floggings, however, were fo rmer prisoner of conscience, who was carried out during the year. Some 120 killed in July shortly after he organized a prisoners convicted in previous years re­ controversial meeting in Senegal between mained under sentence of death and the ANC and prominent white advocates of fu rther death sentences were imposed political reform. Police had not identified during the year. Eight people were ex­ those responsible for his killing by the end ecuted, the first victims of execution since of the year, nor had they identified people 1985. In two incidents in the south of the responsible fo r the killings of Victoria country, hundreds of unarmed civilians Mxenge and other anti-apartheid activists were extrajudicially executed by military in previous years. personnel and militia fo rces. Throughout the year, Amnesty Inter­ There was continued armed conflict in national campaigned for the release of the south, where government fo rces were prisoners of conscience and fo r the fighting the Sudan People's Liberation prompt, fa ir trial or release of other politi­ Army (SPLA). There were many reports of cal detainees. The organization made human rights abuses by government forces many appeals on behalf of individual de­ and pro-government armed groups, in­ tainees, urged impartial investigation of cluding militia fo rces established by local torture allegations and ca lled fo r com­ army commanders. Civilians suspected of mutation of the death sentences imposed supporting the SPLA were reportedly de­ on the "Sharpeville Six" and other prison­ tained, ill-treated and in some cases killed ers. Amnesty International also made by government soldiers and militia forces. available information on its concerns in SPLA forces were allegedly responsible fo r South Africa to the United Nations Special killing some militia officials and civilians. Committee against Apartheid andother UN Reports of human rights abusesby govern­ bodies. ment forces and the SPLA were in many cases difficult to verify. A state of emergency was declared on 25 July for a one-year period on economic SUDAN and internal security grounds. New emergency regulations were used by the authorities on a number of occasions to ban demonstrations and strikes and to detain people fo r prolonged periods with­ out charge or trial. However, on 14 Decem­ ber the Attorney General announced the repeal of administrati ve detention without charge provided under Section 97 of the Code of Criminal Procedure. Hundreds of Ethiopian refugees in Khartoum were arrested in April and May during extensive round-ups of refugees accused of residing illegally in the capital city. They were held without charge for

days or weeks before being freed or sent to > K rural refugee settlements. Some were re­ z ", portedly ill-treated while in custody. en � Some suspected government opponents A number of critics and opponents of i were detained, usually fo r short periods, .... the government were detained during the ", '" then released without charge. Judicial year, but most were released within a fe w z punishments of flogging were reported days or weeks. They included about 40 �o z and in May two men were sentenced to members or supporters of the former gov­ > .... limb amputation. Both of these punish­ ernment who were arrested in July and '" ", ments were imposed under legislation ." August fo r allegedly inciting unrest and o enacted in 1983, the so-called "September calling for the return of fo rmer President � � Laws". More than 60 other prisoners were Nimeiri, then living in exile. Rashid el­ IQ .. under sentence of judicial amputation but Tahir Bakr, a fo rmer Attorney General. and .. AFRICA / SUDAN

76 two fo rmer government ministers, Badr-el­ evidence of their involvement in the inci­ Din Suleiman and Osman Abu Gassim, dent and they appeared to have been de­ were among several people arrested and tained as suspected SPLA sympathizers. held under administrative detention Judicial amputation, which was intro­ orders or emergency regulations. All of duced in 1983 as a penalty fo r theft and these detainees were released without other offences, remained in force through­ charge on 3 September. out 1987. In May two people convicted of On 11 August 26 student union officials armed robbery were each sentenced by a at the University of Juba were arrested for Khartoum North court to amputation of a demonstrating against a ban on student hand and a foot. Other amputation sen­ political activities imposed by the uni­ tences were also said to have been im­ versity. They were held for 12 days and posed. However, all such sentences, if interrogated about their political activ­ confirmed on appeal, were automatically ities, released, then rearrested two days subject to review by the Supreme Court. later and held fo r another six days. None were carried out in 1987, although Many people were also arrested during more than 60 prisoners were believed to anti-government demonstrations in Khar­ remain under sentence of judicial amputa­ toum. In July 12 students arrested in Khar­ tion after conviction fo r robbery or armed toum during Islamic de­ robbery in the three preceding years. monstrations against the government were Court-imposed floggings were carried convicted of demonstrating illegally and out during the year. Flogging had been sentenced to be flogged. These sentences introduced as a penalty, often in conjunc­ of 25 lashes each were carried out im­ tion with other penalties, for the majority mediately and the students were then of offences in the September 1983 penal freed. code. In practice, however, the punish­ Several members of the opposition ment was applied in 1987 only for alcohol­ Sudan National Party were also reportedly related and sexual offences and offences detained briefly in Kadugli, South Kordo­ against public order. People convicted of fa n region, during July and August. In demonstrating against the government October a Khartoum university lecturer, were among those flogged. In January a Ushari Ahmed Mahmoud, was held for woman convicted in Omdurman of several hours and interrogated about a possessing alcohol was sentenced to 40 pamphlet he had written. The pamphlet lashes. She was flogged in court im­ criticized the authorities over a massacre mediately after being sentenced. carried out by members of the Rizeigat On 14 December the Attorney General ethnic group in Ad-Daien in Darfur region announced the fo rmal abolition of flogging in March. Victims of the massacre were for many offences, confirming at the same hundreds of members of the Dinka ethnic time its continuation for the above­ group. mentioned offences but reducing the num­ The army was believed to have carried ber of lashes to 10. out many arrests in rural areas where SPLA There were reports, which were diffi­ guerrillas were active, but detailed in­ cult to corroborate, of the torture or ill­ fo rmation was difficult to obtain. Accord­ treatment of political prisoners held by the ing to a report received in January, 14 army in areas of armed conflict. Following people were detained by the army in Shal­ earlier judicial inquiries into human rights la, Darfur region. The report said that one abuses by the Nimieri government, a judi­ detainee died in custody, allegedly as a cial investigation was opened into the result of ill-treatment. Detentions by the alleged torture of a trade unionist and army were reported in Wau in the south­ leading Communist Party official, Shafii west, where hundreds of suspected oppo­ el-Sheikh, who was executed in 1971 afte.r nents of the government were reportedly a summary trial for treason. extrajudicially executed. The number of people sentenced to Some 40 regional government officials death in 1987 was not known to Amnesty and others who had been arrested in International. Under the emergency reg­ Malakal in August 1986 were released ulations introduced in July, those con­ without charge in April. Their arrests victed of armed robbery could be sen­ occurred after the SPLA shot down a civil­ tenced to death. Two soldiers were con­ ian aeroplane in Malakal. There was no demned to death on 3 June after conviction AFRICA I SUDAN I SWAZILAND for instigating an army mutiny and con­ who had reportedly tried to prevent the 77 spiring against the government in Septem­ killings of Dinkas. ber 1985. They were among more than 180 , No independent investigations by the soldiers tried by court martial for involve­ government into the incidents in Ad-Daien ment in the mutiny. Eighty-three of them and Wau were known to have begun by the were sentenced to prison terms and 99 end of the year. were acquitted. Appeals against the two Amnesty International appealed to the death sentences had not been heard by the government to commute the two amputa­ end of the year. tion sentences imposed in May. The organ­ More than 120 people were reportedly ization called fo r the abolition of amputa­ under sentence of death at the end of 1987 tion as a cruel, inhuman or degr ading after their conviction during recent years punishment which contravenes the Inter­ for murder. Eight executions were carried national Covenant on Civil and Political out in October after confirmation of death Rights and the United Nations Convention sentences by the Supreme Council of State, against Torture and Other Cruel, Inhuman the first executions since 1985 and the or Degrading Treatment or Punishment. only executions reported in the year. Sudan ratified both agreements in 1986. There wereseveral reports during 1987 of extrajudicial executions in the south by the Sudanese army, by the pro-government "Anyanya 11" armed force and by armed SWAZILAND militia fo rces established by army com­ manders. The victims were civilians who allegedly opposed the government, but further details were often difficult to confirm. Members of the Rizeigat ethnic group attacked Dinkas seeking police protection in Ad-Daien on 28 March. The police had initially protected the Dinkas but subse­ quently, the mob killed several hundred Dinkas. They were burned alive in locked railway carriages or at the railway police station. Some of them were also killed while trying to escape from the mob. Rizeigat militia members were allegedly part of the mob. Ethnic tensions between the Rizeigat and the Dinka in the area had been exacerbated by abuses against Dinkas Several membersof the Royal Family and committed by Rizeigat militia personnel. a former Prime Minister were among These abuses were partly in reprisal fo r more than a dozen people held under killings of militia by the SPLA, which is renewable 60-day detention orders. composed mostly of Dinkas. The militia Eleven of them were tried in November had reportedly killed several Dinkas, sex­ before a special tribunal, which sits in ually assaulted many Dinka women and camera. Defendants appearing before the abducted children into domestic slavery. tribunal are denied legal representation In Wau, the capital of Bahr-el-Ghazal and right of appeal. At least two people region, several hundred members of the were sentenced to death but it was not Dinka ethnic group were killed by army known if there were any executions. and Fertit tribal militia personnel on 11 Several political opponents of the South and 12 August. More than 60 victims were African Government were killed and at said to have been killed while held in least one opponent was reportedly military custody and many others were abducted. South African security agents reportedly machine-gunned and thrown were believed to have been responsible for into the river. Several hundred other Din­ the killings and abduction. kas were killed by the army and militia in Prince Bhekimpi Dlamini, who was re­ Wau from 6 to 11 September after a shoot­ placed as Prime Minister in 1986, and 11 out between the army and police officers other prominent Swazis were arrested in AFRICA I SWAZILAND ITANZANIA

78 May and placed under 60-day detention members of the African National Congress orders signed by Prime Minister Sotsha (ANC), which is banned in South Africa, Dlamini. One detainee was subsequently were killed in two separate incidents by tried and convicted of a criminal offence unidentified gunmen. The first occurred in but detention orders imposed on the others May, when an ANC member was among were renewed immediately upon expiry in three people shot dead. In July two mem­ July. With the exception of one detainee bers of the ANC's National Executive and a who was released because of ill-health, all third person were killed shortly after arriv­ of them remained in detention until ing in Swaziland from Mozambique. Grace November, when they were brought to trial Cele, one of several people abducted from on charges of high treason and sedition. Swaziland by South African fo rces in These charges arose from their alleged 1986, was permitted to return to Swazi­ participation in the deposing of Queen land from South Africa in February. Regent Dzeliwe, then the acting Head of Another woman, Sheila Moipone Nyanda, State, and her replacement by Queen Re­ was allegedly taken by fo rce to South gent Ntombi, mother of King Mswati Ill, in Africa in May and detained there. It was 1983. In addition to Prince Bhekimpi Dla­ not known if she was released by the end of mini, the accused included Chief Mfa­ the year. nawenkhosi Dlamini, other fo rmer mem­ Amnesty International was concerned bers of the disbanded Liqoqo (Supreme during the year about the trial of Prince Council of State) and Robert Mabila, Bhekimpi Dlamini and others before a fo rmerly Swaziland's Ombudsman. special tribunal, which employed pro­ The 11 defendants were brought to trial ceedings fa lling short of internationally before a special tribunal established by recognized standards. The organization royal decree in November to prosecute was also concerned about use of the death people charged with offences against the penalty. Ngwenyomo, or King, and the Ndlovukazi, or Queen Mother. The proceedings of the tribunal do not satisfy international stan­ dards of fa ir trial. The tribunal sits in TANZANIA camera, defendants are not permitted legal representation and must defend them­ selves and there is no right of appeal. The tribunal may sentence people to prison for up to 20 years and is authorized to make its own rules of procedure. The trial of the 11 was still in progress at the end of the year. In May Philip Dacre, a pastor of the Rhema Church, was detained under a 60- day order. A few days earlier he had been arrested, charged with sedition and re­ leased on bail. He allegedly insulted the King and government by publishing re­ marks critical of traditional Swazi cus­ toms. Three others connected with the Rhema Church were also charged, although they were not detained prior to their trial. Three of the four, including Two prisoners of conscience were de­ Pastor Dacre, were convicted but none tained without trial or restricted through­ were jailed. Pastor Dacre, a British nation­ out 1987. At least seven people were sen­ -' c z al, was then deported. tenced to death but no executions were o At least two people were sentenced to reported to have taken place. z� death after conviction of murder. It was not Under the Preventive Detention Act of '" ... known if there were any executions. 1962, the President may authorize the ! Several South African exiles resident in indefinite detention of anyone deemed to

'"� Swaziland were killed. It appeared likely be "dangerous to peace and good order". ... z that South African security agents carried This provision was used to detain James lE c out the killings fo r political reasons. Three Mapalala and Mwinyijuma Othuman Up- AFRICA I TANZANIA ITOGO

indo, who were arrested in 1986 apparent­ 79 ly for advocating the repeal ofthe 1965 law that made Tanzania a one-party state (see TOGO Amnesty International Report 1987). They were adopted as prisoners of conscience by Amnesty International. In August the Director of Public Prosecutions informed Amnesty International that their detention orders had been rescinded and that they were no longer imprisoned. This, it subse­ quently became clear, was not correct and in October, the two men petitioned the High Court to seek their release. Their presidential detention orders had bp-en rescinded, but they had then been held under the Deportation Ordinance, which allows citizens to be restricted to specified areas for security reasons and which pro­ vided a basis fo r their continued imprison­ ment. The High Court rejected their peti­ tion. They were apparently no longer im­ Two prisoners of conscience were re­ prisoned but were restricted to the islands leased before completing sentences im­ of Mafia in the Indian Ocean and Ukerewe posed in 1986 and several long-term pol­ in Lake Victoria under the Deportation itical detainees, held without trial, were Ordinance at the end of 1987. Amnesty freed. However, at least two other sus­ International continued to regard them as pected government opponents were prisoners of conscience. arrested. One of them had been tried in Five other detainees appeared in court absentia before his arrest and was still in February charged with assisting two held at the end of 1987; the other was suspects accused of treason to escape from released. Reports that both of them had custody in 1983. They had been held been tortured in custody could not be without trial under the Preventive Deten­ verified. In October the head of state tion Act since their arrest in 1983. They commuted the death sentences imposed in were sentenced to terms of imprisonment 1986 on 11 people convicted of plotting ranging from two and a half years to three against the government. A number of mea­ years. In December three of them were sures were taken to safeguard human acquitted after they successfully appealed rights. including the restoration of a 48- to the High Court against their conviction hour limit on incommunicado detention, and sentence. the creation of a National Commission of At least seven people were sentenced to Human Rights, the signing of the death for murder during the year, but, as in United Nations Convention against Tor­ recent years, no executions were reported. ture and the decision to ratify the In March the House of Repre­ Optional Protocol to the International sentatives amended a 1969 law which Covenant on Civil and Political Rights. allowed the death penalty for smuggling The two prisoners of conscience were cloves, substituting a prison sentence. No released in January. Yema Gu-Konu and :.. I: one was known to have been executed for Ati Randolph had been arrested in z ,., this offence while it carried the death September 1985 and sentenced to five Cl> � penalty. years' imprisonment in July 1986 for pos­ Z ... sessing and distributing leaflets opposing ,., '" the government. They were both reported­ z ly tortured in pre-trial detention (see � o z Amnesty International Report 1987). :.. ... Further releases occurred in October '" when 10 long-term political detainees, all ,., ;g of Ghanaian nationality. were released � - without charge. They included G.A.B. '" OD Akrong, also known as the Apostle Barna- OD AFRICA /TOGO / UGANDA

' 80 bas, who had been a newspaper publisher ated on 21 October, when President Gnas­ and evangelist in Ghana. He had been held singbe Eyadema marked the occasion by without trial since May 1983. Amnesty commuting to life imprisonment the death International had first inquired about his sentences imposed on 11 people in Decem­ detention in 1985 and the government had ber 1986. The State Security Court had denied that he was in custody. convicted the prisoners of involvement in In October it was reported that Lawoe an unsuccessful coup attempt in Septem­ Folly Sossou, an opponent of the govern­ ber 1986. The week before these commuta­ ment who had been tried in absentia in tions, the government announced its deci­ 1986, had been fo rcibly abducted from sion to ratify the Optional Protocol to the Aflao in neighbouring Ghana by members International Covenant on Civil and Pol­ of Togo's security service and returned to itical Rights. Togo. In December 1986 a court convicted In January Amnesty International him of bringing explosives, arms and appealed to President Eyadema to com­ ammunition into Togo in July 1986. His mute the death sentences imposed in De­ sentence was eight years' imprisonment cember 1986 and urged the Togolese and a fine. In October he was reportedly authorities to institute a right of appeal to a held at Akodessewa police station in higher court for all those convicted by the Lome, in contravention of the 48-hour State Security Court. Amnesty Inter­ limit on incommunicado detention, and national also sought information about the tortured. His whereabouts was not clear at forcible repatriation from Togo in 1986 of the end of the year. two refugees fro m Benin. One of them, On 22 October another man of Togolese Daniel Djossouvi, was subsequently im­ origin living abroad, Jacob Dosseh Law­ prisoned in Benin, where he was a prison­ son, was arrested while visiting Lome to er of conscience. The Togolese authorities attend his fa ther's fu neral. He had been did not respond to Amnesty Inter­ living in France since 1973 and had national's request for info rmation. obtained French nationality. The author­ ities apparently suspected him of acting as a go-between for opponents of the govern­ ment. He was held in police custody for UGANDA fo ur days, then for a week in prison before he was released without charge and allowed to leave the country. He was allegedly suspended from an iron bar and beaten while held at Akodessewa police station in Lome. In March the government reintroduced a 48-hour limit on detention in police custody before referral to the Procuracy. This limit had been formally abandoned in December 1985 and the security forces had been legally able to detain suspects incom­ municado indefinitely. A National Commission of Human

GO Rights was created by law on 9 June. The GO � Commission's declared purpose was to protect human rights throughout the coun- More than 4,000 alleged political oppo­ try. It was given authority to obtain ad­ nents of the government were detained ministrative records, when necessary, in without trial during 1987, mainly frolll -' c z order to investigate cases of human rights northern and eastern Uganda where the o abuses. The 13 members of the Commis­ army was fighting armed rebels. The head z� sion are elected from various professional of a non-governmental human rights body '" '" ... organizations. During the second half of was arrested in February and held under !: the year, the Commission on several occa­ a law allowing indefinite detention with­

III� sions acted to ensure that the 48-hour limit out trial. Reports continued of prisoners '" z on detention in police custody was re­ being tortured by a particularly severe :I c spected. The Commission was inaugur- means of tying known as kandooya, AFRICA / UGANDA

although the government stated early in led by Alice Lakwena, believed by her 81 the year that the practice was fo rbidden fo llowers to have supernatural powers. and its use appeared to decline. There Alice Lakwena's supporters suffered se­ were continuing reports of extrajudicial vere casualties in clashes with the NRA killings of prisoners or non-combatant until November, when the Holy Spirit civilians by soldiers, although many of Battalion was apparently broken up after these allegations were difficult to attacking the southern town ofJinja. There confirm. were frequent reports of killings by rebels, When President Yoweri Museveni's especially of members of locally elected National Resistance Movement (NRM) gov­ Resistance Committees and others thought ernment came to power in January 1986, it to be government supporters. In particular, introduced various institutional safe­ armed rebels killed a number of Resistance guards against human rights violations Committee members in the Busia area of which remained in force in 1987. The post eastern Uganda. of Inspector-General of Government, with In February soldiers arrested Lance widespread powers to investigate indi­ Seera Muwanga, secre ry general of the vidual complaints of human rights abuse, non-governmental Uganda Human Rights was fo rmally established by statute in Activists, originally set up by Ugandan 1987. A Commission of Inquiry into Hu­ exiles in Scandinavia to monitor human man Rights Violations committed by gov­ rights abuses under the Obote government. ernments from 1962 until January 1986 A few days later he was served with a continued to hear evidence. Its hearings detention order under the Public Order cast considerable light on the scale of and Security Act 1967, which permits abuses under the governments of Presi­ indefinite administrative detention with­ dents Idi Amin and Milton Obote in the out trial. In March the government told 1970s and early 1980s. In October Presi­ Amnesty International that only five peo­ dent Museveni announced that he was ple were detained under its provisions: considering extending the Commission's four officials of previous governments who mandate to allow it to hear evidence of also faced criminal charges in connection alleged human rights abuses under the with alleged human rights violations, and present government. Lance Seera Muwanga. He was apparently When the NRM came to power, the code detained because of an interview in the of conduct fo r the National Resistance magazine African Concord, in which he Army (NRA). fo rmulated while it was a criticized the NRA'S human rights record. guerrilla army, was incorporated into Amnesty International considered that he Ugandan law. A number of NRA soldiers was a prisoner of conscience. He remained were disciplined under this code of con­ in detention at Luzira Upper Prison, Kam­ duct or charged under the criminal law pala, at the end of 1987. with offences involving abuse of civilians. At least 4,000 prisoners were believed However, Amnesty International re­ to be in unlawful detention after being mained concerned that in many of the arrested by the NRA, usually in the course cases no adequate investigation was car­ of counter-insurgency operations in north­ ried out and no disciplinary action taken. ern and eastern Uganda. In response to In international fo rums, such as the United inquiries about such prisoners. the Ugan­ Nations and the Organization of African dan authorities sometimes described them Unity, the Ugandan Government con­ as "prisoners of war", although in many :»­ lI: tinued to advocate collective international cases they appeared to be non-combatant z ,., responsibility fo r protection of human civilians detained because of alleged sup­ '" rights. port for armed rebels. There was no legal � Throughout 1987 parts of northern and basis for their imprisonment, since the z nl'" eastern Uganda were affected by the activ­ army has no special powers to arrest or z ities of armed government opponents, detain civilians under Ugandan law. Some o� z apparently owing allegiance to various were held in military barracks, but many :»­ � political organizations led by fo rmer were held as so-called "lodgers" in civil '" ministers in the governments of President prisons - that is, they were held under the ,., ;g'" Amin, President Obote and Major-General authority of the military but under the ...... Tito Okello. However, the most active administration of the civil prisons service. '" CID armed group was the Holy Spirit Battalion, Many were from among the Nilotic ethnic CID AFRICA I UGANDA

82 groups of northern and eastern Uganda provides in Article 10 that children shall and members of the Uganda People's Con­ be "brought as speedily as possible for gress, the party of fo rmer President Obote. adjudication". Kenneth Oloya and Bosco Amnesty International believed that many Okura were still held without charge at the of these detainees might be prisoners of end of 1987. conscience, imprisoned because of their In August the trial began in the High ethnic origin or their presumed political Court of seven people charged with affiliations. There appeared to be no effec­ treason who were alleged to have plotted tive procedure for investigating their cases to overthrow the government - the first and determining whether they were to be treason trial since the NRM government charged with a criminal offence. came to power. The accused included Since there was no legal basis for the fo rmer government minister Evaristo detention of these prisoners, there was no Nyanzi and Anthony Ssekweyama, a enforceable guarantee of such rights as newspaper editor who had previously fa mily visits and consultation with a been detained by the Obote government lawyer. "Lodgers in civil prisons were and adopted by Amnesty International as a theoretically governed by the Prisons Act prisoner of conscience (see Amnesty Inter­ which guarantees these rights, but in prac­ national Report 1987). A number of others tice these could often be denied by the charged with them were released before soldiers guarding the prison. For those the case came to trial. The trial was con­ held in military barracks, even this limited tinuing at the end of the year. Amnesty guarantee did not exist, although in some International attempted to establish the cases fa milies were allowed to visit prison­ fate of 25 alleged supporters of the restora­ ers. In some cases the NRA defied writs of tion of the monarchy in the southern re­ habeas corpus and fa iled to produce pris­ gion of Buganda, who were arrested in oners before the courts when required. The August 1986 and charged with treason but International Committee of the Red Cross not brought to trial in 1987 (see Amnesty (leRe) was given access to a number of civil International Report 1987). Some of them prisons holding political detainees. may have been released during 1987. In However, despite government assurances February, 10 people, including former that the leRe would be allowed to visit army officers, were arrested in Tororo and detainees in military custody, this was in charged with treason. They had not been practice restricted to one visit to Gulu brought to trial by the end of 1987 and at barracks in April. least four of them remained in custody. Conditions in the prisons were believed In March the Minister of State for De­ to be very poor, largely because of severe fence assured Amnesty International rep­ overcrowding. In June detainees at Luzira resentatives that NRA soldiers were forbid­ Upper Prison rioted in protest at poor food. den to tie prisoners in the manner known Medical attention seemed inadequate and as kandooya or "three-piece tying", with Amnesty International was concerned the victim's arms tied above the elbow about a number of deaths in detention. behind his or her back (see Amnesty Inter­ A number of children were apparently national Report 1987). This was known to detained in poor conditions. For example, have caused paralysis of the lower part of Kenneth Oloya, aged 15, and his brother the arm in some cases; in other instances Bosco Okura, aged 14, were arrested by the arm became gangrenous and had to be

.. soldiers in Kitgum district, northern Ugan­ amputated. On occasions it was reported .. � da, on 31 January. They were believed to that victims had also been beaten on the � have been transferred successively from chest, preventing them from breathing � Kitgum to Lira and thence to Lubiri bar­ properly and sometimes killing them. '" '" racks in Kampala. From there they were Amnesty International considered that the .... c z moved to Kirinya Prison in Jinja, where practice was a form oftorture. In the course o many "lodgers" were held and where the of 1987 the organization noted a decline in z� government acknowledged that they were the number of cases of kandooya reported, '" '" detained without charge. They were later although it was not clear that it had been ! moved again to Murchison Bay Prison, eradicated.

III� Luzira. The International Covenant on During 1987 there were many reports of '" z Civil and Political Rights - which the extrajudicial executions by the NRA in the :E c government stated its intention to ratify - course of its counter-insurgency opera- AFRICA I UGANDA I ZAIRE

tions. Such allegations often proved im­ least seven soldiers were executed from 83 possible to confirm. Amnesty Inter­ April 1987 onwards after being convicted national submitted to the Ugandan Gov­ by military tribunals of offences under the ernment details of a number of cases where army code of conduct. Five had been con­ it fe lt that there was strong evidence that victed of murder and one of robbery. the army had been responsible for deliber­ In March an Amnesty International del­ ately killing non-combatant civilians or egation visited Kampala to meet govern­ prisoners. On 12 January NRA soldiers are ment officials and carry out research. Fol­ reported to have arrived at Agwata, near lowing this mission, Amnesty Inter­ Lira in northern Uganda, in search of a national submitted an aide-memoire to the fo rmer soldier named George Omara. government in July, summarizing the When they did not fi nd him, they organization's concerns and asking the ·apparently tied his brother kandooya­ government to investigate a number of style and beat him. Later George Omara cases of unlawful detention without trial, arrived and the soldiers are reported to torture and extrajudicial execution. In have shot him dead. On about 19 February October Amnesty International made this NRA soldiers reportedly arrested 19 people document public. At the end of 1987 the at Otuboi in Soroti district. They were organization had still not received any taken to Serere and subsequently to a substantive response from the govern­ swamp called Atira, near Soroti town, ment. In August and September an Amnes­ where soldiers shot them on 26 or 27 ty International delegate observed the trial February. Eighteen are said to have died of Evaristo Nyanzi and six others charged but one survived and later escaped. with treason in the High Court in Kampala. In early March, at a village called Seven Corner-Pujwani in Gulu district, soldiers are reported to have arrived at the home of Yokoyardi Onyony Okot, a retired parish ZAIRE chief. They are said to have shot him dead, along with his nephew, Lukel, the current parish chief. On or about 20 March, in Aleron village in Gulu district, soldiers reportedly arrested Xavier Moro Olwedo, a former Uganda Airlines official, and tied him kandooya-style. The fo llowing morn­ ing they are said to have killed him by slitting his chest open and to have partially buried him in a shallow grave. In August there were reports that NRA soldiers had executed wounded rebel prisoners after a battle in Soroti. In April the legislature, the National Resistance Council, amended the penal code to extend the death penalty to armed smugglers. Amnesty International did not learn of any death sentences imposed More than 40 prisoners of conscience under this amendment in 1987. In March were detained without trial or banished to > E the government told Amnesty Inter­ areas far from their homes during the first z national that 66 people were under sen­ half of the year for supporting an illegal § tence of death in Luzira Upper Prison. No opposition party. A number of other gov­ Z .... judicial executions had been carried out ernment opponents were banished or re­ '" '" since 1977. The advisory committee on the stricted to t�wns in which they were z prerogative of mercy, which is constitu­ obliged to report regularly to the author­ �o z tionally required to review the cases of all ities. Only a few new arrests of govern­ :. ,.. those sentenced to death, had not existed ment opponents in the capital, Kinshasa, '" '" since 1981. However, in March a commit­ were reported; some ofthe detainees were � tee was appointed. None of those under tortured or severely beaten. In eastern � sentence of death at that stage had been Kivu region, numerous civilians were :;;'" executed by the end of 1987. However, at arrested by soldiers, detained for long '" AFRICA / ZAIRE

84 periods and in some cases executed extra­ ical prisoners incommunicado fo r periods judicially in an area where an armed of several months or more. Although the opposition group was reported to be prisoners of conscience were freed from operating. detention and then banished to remote Significant steps were taken by the areas. other long-term political detainees government in 1987 to emphasize the im­ remained in custody at the end ofthe year. portance of human rights. In July Zaire They included seven AND agents arrested acceded to the African Charter on Human in April and several other people. all and People's Rights. Early in the year 12 accused of espionage. members of a military security service. Most political prisoners arrested dur­ disbanded in October 1986. were tried by a ing theyear supported opposition political military court in Kinshasa on charges in­ groups considered illegal under the terms cluding the illegal detention of civilians. of Zaire's one-party Constitution. As in All of the defendants were convicted and previous years. many prisoners were de­ the most senior offi cer among them was tained or banished for supporting the Un­ sentenced to two years' imprisonment. ion pour la democratie et le progres social A new Department fo r the Citizen's (UDPSj, Union fo r Democracy and Social Rights and Freedoms. which had been Progress. Members of the Jehovah's Wit­ established in October 1986. began inves­ ness sect. which was banned in 1986. were tigating complaints of public service per­ also arrested. formance and abuses committed by offi­ A number of UDPS members arrested cials. It opened offices in a number of and detained by the AND in 1986 were Kinshasa districts but did not have repre­ banished to villages in Kasai Oriental re­ sentatives elsewhere in the country. Com­ gion and elsewhere in February and March plaints were submitted to these offices and 1987. The total number of uDPS supporters then transmitted to the Department itself. arrested in 1985 or 1986 and restricted but the results of investigations had not under administrative banishment orders been announced by the end of the year. in 1987 was more than 40. The State The Department signed agreements Commissioner fo r the Administration of with branches of the security fo rces per­ the Territory (Minister of the Interior) mitted to arrest and imprison suspects. issued banishment orders. The formal pro­ thereby fo rmalizing access to detention cedures for ba nishment. which are con­ centres and to appropriate officials for tained in a 1961 law and include a regular discussion of alleged abuses. The security review by a special commission. were not forces' powers of arrest and detention. observed. nevertheless. remained unchanged. The Among those banished were both lead­ two main security services. the Agence ers and supporters of the UDPS. including nationale de documentation (AND). several fo rmer National Assembly mem­ National Documentation Agency. and the bers who have been repeatedly detained or Service d'action et de renseignements banished since 1981. The UDPS chairman. militaires (SARM). Military Action and Kibassa Maliba. was confined under house Intelligence Service. retained powers to arrest in Lubumbashi during the first half detain prisoners incommunicado without of the year. Another UDPS fo under, Lumbu charge or trial for as long as they con­ Maloba Ndiba. was held under house sidered necessary. arrest in a military camp at Kalemie at the In contrast to these two services. other beginning of the year. He was later im­ branches of the security fo rces may legally prisoned in a cell at the camp and fo rced to detain suspects for only a few days before renounce his connections with the UDPS. referring them to the procuracy respon­ While imprisoned. his head was shaved sible for fu rther investigation. However. with broken glass and he was deprived of � many of the military and paramilitary food and beaten. o units empowered to detain suspects for a Kyungu Mukange. a UDPS supporter. �z few days exceeded their legal limits and was arrested in early January after protest­ '" .... held detainees in custody for weeks or ing against restrictions imposed on him ! even months without referring them to the fo llowing his release in May 1986 from 30 procuracy. months' detention without trial. He was During the year the AND detained both initially held in military custody in prisoners of conscience and other polit- Lubumbashi. then effectively "dis- AFRICAI ZAIRE appeared". His fa mily was unable to learn arrests. Detainees were taken to military 85 where he was subsequently detained. He posts in Beni and elsewhere but none was was freed in June with other UOPS support­ known to have been charged or brought to ers but detained again briefly in October. trial. The whereabouts of many detainees In late June and July all UOPS support­ was not clear at the end of the year. For ers' banishment orders were lifted and in example. there was still no news about the October the State Commissioner told fate of a farmer from Mutwanga village. Amnesty International that no UDPS sup­ Karamagi. who was arrested by soldiers in porters or other citizens remained November 1986 and subsequently banished. The mid-year releases occurred "disappeared". after the authorities and UDPS leaders. There were fu rther arrests in the area in brought from their places of banishment. 1987 and several thousand villagers participated in a series of meetings. apparently attempted to escape the viol­ However. several months after the re­ ence by seeking refuge in Uganda. Some of leases. some of those banished to Kasa"i these refugees provided details about a Oriental region were still not permitted to number of extrajudicial executions return to their homes in Kinshasa. allegedly carried out by Zairian soldiers in There were further arrests of UDPS sup­ the Beni area. The bodies of fo ur civilians porters in Kinshasa between July and with bullet wounds in their heads were October. although none of the detainees found on 7 January in the Semliki river was held for more than a week. Some were near Beni. Soldiers reportedly killed them detained fo r wearing ties. which after fi nding opposition political party the authorities consider to be contrary to leaflets in their possession. In another Zairian traditions. while others were incident reported in August. a man from arrested during the course of meetings in Matolu village suspected of associating private houses. Two men were arrested with armed government opponents was because they possessed statements made held in custody for three days and then by UDPS leaders living outside Zaire. publicly executed. In other cases reported Several political detainees were re­ in July and August. soldiers allegedly tor­ leased in the middle of the year. In July tured civilians to obtain either information Akuka Atangowena. a woman arrested in or money. Kinshasa in October 1986. was freed. The Six people arrested in 1984 were tried reason fo r her nine months of incommuni­ by the State Security Court in April and cado detention in military custody was May on charges relating to two bomb ex­ apparently the activities of her fo rmer plosions in Kinshasa. All ofthe defendants husband. who was living outside the coun­ were convicted: three were sentenced to 20 try following political imprisonment in years' imprisonment and three received Zaire. She was held in the Deuxieme Cite 10-year prison terms. Several defendants de j'OUA near the presidential offices. For had reportedly been tortured in custody at least the first half of 1987. as in previous and then fo rced to make self-incriminating years. suspected government opponents statements. At least one of them had not were evidently held in this secret deten­ met his defence lawyer until the trial began tion centre. Some detainees held there and had virtually no assistance from legal were reportedly tortured. An eye-witness counsel. Another defendant had been pub­ reported in March that a law student licly accused by the head of state ofrespon­ detained there was bleeding and bore sibility fo r one bomb attack. He and at least marks of torture. two others were convicted despite the Torture was not reported on the same absence of independent evidence against scale as in previous years. but beatings and them. Amnesty International was con­ torture allegedly accompanied some de­ cerned that some or all of the defendants tentions by the armed forces in Kivu re­ were convicted unfairly. All appealed to gion. The main area of concern was north­ the Cassation Court. but the results of their east Kivu. between Beni and the Ugandan appeals were not known by the end of the border. where an armed opposition group year. reportedly operated for several periods During the first half of the year. Amnes­ between November 1986 and July 1987. ty International appealed fo r the release of Counter-insurgency operations apparent­ all those detained or banished fo r alleged ly precipitated a number of civilian links with the UDPS. The organization also AFRICA I ZAIRE I ZAMBIA

86 called for the lifting of restrictions on Weregemere Bingwa Nyalumeke, who was banished to Katana in Kivu region during the first half of the year (see Amnesty International Report 1987), and on former detainees restricted to Lubumbashi. In March Amnesty International wrote to the State Commissioner fo r the Administra­ tion of the Territory about abuses commit­ ted in the Kabare district of Kivu (see Amnesty International Report 1987), but no response was received. Urgent appeals also fo llowed the reported "disappear­ ance" of Kyungu Mukange and reports of incommunicado detention and torture in Kinshasa. In October an Amnesty International and criminal suspects, were tortured and mission visited Kinshasa at the invitation ill-treated. At least seven people were of the State Commissioner for the Citizen's sentenced to death for murder or aggra­ Rights and Freedoms. The delegates vated robbery, but it was not known if obtained information about the work ofthe there were any executions. new government department established Several political detainees continued to protect basic rights guaranteed by the to be held under the Preservation of Public Constitution and to investigate allegations Security Regulations, which empower the of abuses. Most complaints made to the President to authorize indefinite detention Department for the Citizen's Rights and without trial. Detainees who were released Freedoms, however, seemed to address included Manfred Mwangana Mukumbuta miscarriages of justice and administrative and Ronald Chansa, two of three people problems, rather than serious violations of held without trial since 1981 in connec­ human rights. It also appeared that the tion with an alleged plot to arrange the Department did not yet have the capacity escape from custody of several prisoners to investigate abuses committed outside awaiting trial for treason. They were re­ Kinshasa. Amnesty International's dele­ leased uncharged but the third detainee, gates met senior members of several secur­ Faustino Lombe, was still held at the end ity force branches and obtained details of of 1987. their detention powers and safeguards Four South African nationals who had against illegal or arbitrary detention and been arrested in May 1986, after South other abuses. African security fo rces attacked Lusaka, As in previous years, Amnesty Inter­ were released in February. The fo ur South national in May submitted information Africans had stated that police had tor­ about its concerns in Zaire under the tured and ill-treated them during inter­ United Nation's procedure for confiden­ rogation soon after their arrest. The gov­ tially reviewing reports of human rights ernment had accused them of spying fo r violations. South Africa but they were released with­ out charge.

.. Among those arrested in 1986 and still � detained at the end of the year were four ... ZAMBIA '" detainees alleged to have been members of o ... the clandestine opposition People's Re­ ... '" demption Organization (PRO). Two of -' c z At least 12 people imprisoned for political them, Peter Chiko Bwalya and Stanislous o reasons, some of whom may have been Kachenjela, unsuccessfully sought release z� prisoners of conscience, were held under by filing habeas corpus applications in the '" � a law permitting indefinite detention High Court. The government said that ! without trial. Some 50 Angolan refugees Joseph Chitalu, a publisher and third de­ � were reportedly imprisoned for political tainee, faced charges of publishing a sedi­ ... z reasons. There were also reports that tious document. No details about its con­ � c prisoners, including political detainees tent were available. All four detainees AFRICA/ ZAMBIA

were held under presidential detention his fa mily. The Ndola magistrates court 87 orders permitted by the public security accepted his allegations and refused to regulations. Grounds for detention under admit as evidence his pre-trial "confes­ these regulations cannot be challenged in sion". He died, reportedly of tuberculosis, court but the law provides fo r review of in Ndola remand prison in June before his detainees' cases by a special tribunal. trial could be completed. However, the recommendations of the tri­ Tens ofthousands of Angolan nationals bunal are not made public and are not remained as refugees in Zambia, mostly in binding on the President. the west of the country. The majority were There were new allegations of torture members of the Ovimbundu ethnic group, and ill-treatment of prisoners. In several from which the Unido Nacional para a cases involving people charged with pol­ Independencia Total de Angola (UNITA), itical and criminal offences, the courts National Union for the Total Indepen­ accepted evidence that the defendants had dence of Angola, draws its main support. been tortured or ill-treated in pre-trial In 1987 the Zambian authorities alleged detention to obtain "confessions". For ex­ that UNITA, which is engaged in armed ample, Moffa t Kashweka, who was tried opposition to the Angolan Government, before the Livingstone High Court on was providing support for opponents of charges of spying, alleged that during his the government in Zambia but it was not pre-trial detention police handcuffed his clear whether this allegation was the basis hands and legs, suspended him from an for the arrest of the Angolall refugees. iron bar balanced between two tables and In July soldiers and Special Branch severely beat him. He said this treatment police officers arrested four Angolans. All was commonly known as "the swing", were apparently living in the Meheba re­ "kampelu" or "taxi rank" torture. He was fugee camp near Solwezi in western Zam­ also denied food, held in a co ld, damp, bia. They were taken to Solwezi, where solitary cell and had his genitals squeezed they were reportedly beaten with rifle with pliers by police who forced him to butts. Further arrests ofAngolan refugees, sign a "confession" statement. apparently suspected of being UNITA sym­ The court rejected the confession in pathizers, were reported in September. As July and ruled that Moffa t Kashweka had many as 50refugees were said to have been been tortured. The judge also called fo r the detained, although the identities of only a police officer responsible to be prose­ few were confirmed. Some detainees may cuted. No charges against the police officer have been released but at least four Ango­ were reported to have been made in 1987 lans were still held without charge at and Moffa t Kashweka's trial had not been Solwezi Prison at the end of the year. concluded at the end of the year. Amnesty International expressed con­ In November a High Court judge refused cern to the government about the pro­ to admit as evidence a confession state­ longed detention without trial of many ment made by Isaiah Moyo, a transport political prisoners and inv estigated the company employee also charged with cases of several who may have been spying fo r South Africa. The court heard prisoners of conscience. No reports were evidence that he had "confessed" only received of any investigation or prosecu­ after he was tortured and threatened with tion of those allegedly responsible fo r tor­ death by police in the Lilayi police train­ turing detainees, as promised by the gov­ ing camp fol lowing his detention under ernment, in either 1986 or 1987. Amnesty ,. I: the public security regulations in March International urged the government to re­ z ,., 1986. His trial was continuing at the end of lease the Angolan nationals if they were � the year. not to be charged and promptly tried on z Allegations that police tortured and criminal offences, and in November pub­ � '" ill-treated a number of criminal suspects lished a summary of its concerns entitled z were also reported. Thomas Kunda, who national's Concerns in the Amnesty Inter �o z was tried in February on robbery charges, Republic of Zambia. ,. r- told the court that he was beaten, denied At least seven people were sentenced to '" ,., 'V food, and threatened with death if he did death fo r murder or aggravated robbery, o not confess to the charges. He also told the including a 67-year-old man and a 55-year­ � court that he had been denied medical old woman. It was not known whether - � treatment fo r tuberculosis and access to there were any executions. .. AFRICA I ZIMBABWE

88 babwe African National Union-Patriotic Front (ZANU-PF) and ZAPU continued inter­ ZIMBABWE mittently throughout 1987. In December the two parties announced that they had agreed to merge under the name of ZANU­ PF. Two constitutional amendments abolished the separate electoral roll whereby white voters had chosen 20 mem­ bers of the lOO-seat House of Assembly and introduced a system in which Prime Minister became executive President. A number of prisoners, mainly ZAPU supporters, were held without charge throughout 1987 under the Emergency Powers (Maintenance of Law and Order) Regulations which permit indefinite administrative detention without trial. In most cases it was alleged that they sup­ ported armed opponents of the govern­ Several long-term political detainees con­ ment. The government is not obliged by tinued to be held without trial, although a law to publish details of those detained, number were released during 1987. The but official statements suggested that apparent improvement in the police's about 30 detainees were held under these treatment of prisoners, noted in 1986, regulations at the beginning of 1987. Few­ continued through 1987, although there er were probably detained at the end ofthe were reports of torture of prisoners in the year. Those still held included Makhatini custody of the Central Intelligence Guduza, a senior ZAPU official forcibly Organization (CIO). The courts continued returned from , where he had to impose death sentences and nine pris­ been granted political asylum, in February oners were hanged in May. 1986 (see Amnesty International Report Throughout 1987 Zimbabwe faced seri­ 1987). He was unlawfully detained until ous internal security problems and exter­ January 1987, when he was brought to court nal aggression. Armed bands continued to on a charge of leaving the country illegally be active in Matabeleland and Midlands and reportedly acquitted. However, he was provinces and were responsible for killing immediately rearrested and served with a dozens of civilians, culminating in an detention order. He remained in Chikurubi incident at in November when Prison, , at the end of the year. 16 missionaries were hacked to death. At Also in Chikurubi were Neil Harper and various times the government accused John Austin, two senior customs officials South Africa and the minority Zimbabwe alleged to have spied for South Africa, who African People's Union (ZAPU) of support­ continued to be detained despite a recom­ ing the armed rebels, although both denied mendation from the specially constituted this. The year also saw a significant in­ Review Tribunal that they be released. The crease in activity inside Zimbabwe by tribunal is obliged to consider all de­

00 armed groups supporting the Resistencia tainees' cases within 30 days of their de­ 00 � Nocional Mo!{ambicana (RNM or RENAMO), tention and every six months thereafter. It Ii< Mozambique National Resistance, is government-appointed, sits in camera � an organization opposed to the Govern­ and its recommendations are not binding. ... '" ment of Mozambique. These groups were However, since independence in 1980 it .... c z responsible for a number of mass killings has been most unusual for the government o of villagers in eastern districts. not to comply with a Review Tribunal z� In May a Zimbabwean woman was decision. Neil Harper and John Austin '" ... killed in bomb and rocket attacks on were arrested in early 1986, charged under ! houses in Harare used by South African the Official Secrets Act, had the charges � exiles. South African Government forces dropped and were then detained (see ... z appeared to have been responsible. Amnesty International Report 1987). On :E c Talks aimed at unifying the ruling Zim- several occasions they challenged the AFRICA I ZIMBABWE

legality of their detention in court, ers and failed to respond to calls for 89 although there was no opportunity for the investigations into their apparent courts to review the reasons for their de­ "disappearance". tention - the Review Tribunal alone ad­ Amnesty International did not receive judicates on the grounds for a detainee's any reports of torture by the Zimbabwean imprisonment. Amnesty International police during 1987, although there were considered that Neil Harper and John several reported cases involving officials Austin were probably prisoners of con­ of the CIO. For example, Odile Harington, science, detained because of their legiti­ who was found guilty of spying for South mate professional activities. Africa, told the High Court in December In September and October a number of that she had been tortured by the CIO. She ZAPU officials were arrested and detained said that she had been beaten, had her head for short periods. They included Francis fo rced into a bucket of water and had been Mukombwe, the member of Parliament fur subjected to sexual humiliation. The trial Binga; Welshman Mabhena, the party's judge acknowledged that she might have secretary general; and Mahuzu Ncube, been "mistreated" but took no steps to administrator of ZAPU's office. investigate her allegations further. The arrests followed the closure of ZAPU Zimbabwean courts imposed at least offices throughout the country and a ban seven death sentences in 1987, all for on its meetings. These restrictions were murder - somewhat fewer than in recent later lifted. Most of those arrested years. Nine prisoners convicted of murder appeared to have been released uncharged were hanged within a fe w days of each though it seemed that Francis Mukombwe other in the capital city, Harare, in May. might be prosecuted. The Sheriff of Zimbabwe, a High Court A number of political detainees were official, said the executions were "in line released during 1987. They included Sam­ with the Government's desire to rid socie­ son Moyo, who was detained without ty of undesirables". charge by theClO in , southwestern Amnesty International continued to Zimbabwe, from September 1986 until press the government to release all polit­ April 1987. In January his wife and other ical detainees, unless they were to be members of his fa mily were arrested and charged and brought promptly to trial, as detained for some weeks. There was no well as seeking investigations into reports apparent reason fo r his detention other of "disappearances" and torture. The than his membership of ZAPU. organization protested at the nine hang­ Amnesty International continued to in­ ings carried out in May, and called for vestigate the cases of three people arrested clemency fo r all those under sentence of in late 1985 who had apparently "dis­ death. appeared" while in official custody. Ed­ ward Moyo, who had previously given evidence to a Commission of Inquiry into army abuses in Matabeleland, was arrested in Tsholotsho in July 1985. A few days later his brother, Shadreck Denga Moyo, responded to an instruction to report to a CIO official at Mabutweni police station in

Bulawayo. Neither ofthem were seen after­ � J: wards. Fraser Gibson Sibanda was arrested z ,., by police on 3 November 1985 while In attending a church service in Bulawayo. � Z ... His wife made inquiries at several police ,., '" stations and was told that he was in the z custody of Police Internal Security and �o z Intelligence (PISI). The reason for his arrest � was apparently that he had worn a badge ... '" depicting ZAPU's leader, . ,., � He too was not seen again. The Zimbab­ � wean authorities offered no explanation for the whereabouts of these three prison-

THE AMERICAS

,. !I: z ,., '" ::: z ,.,... '" z � zcs ....,. '" ,., � � � ID

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THE AMERICAS / ARGENTINA

The first months of the year were 93 marked by a series of protests and attempts ARGENTINA by members of the armed fo rces to block fu rther trials by civilian courts. In Febru­ ary, six admirals were detained on the order of the Buenos Aires Appeals Court for fa iling to answer a summons to testify at a preliminary hearing connected with the Escuela de Mec6nica de la Armada (Naval Mechanics School) trial. This was examining accusations that detainees had been tortured in the navy's main detention centre in Buenos Aires. After the prelimin­ ary hearings, the court formally charged 12 navy officers, including Alfredo Astiz, and they were placed in pre-trial detention. In early April preventive detention orders were imposed on military and security personnel by civilian courts in Bahia Blanca, Comodoro Rivadavia and Past human rights violations continued to Mendoza. On 15 April the Federal Court in be a focus of political unrest in Argentina C6rdoba ordered the arrest of Major Ernes­ during 1987. Investigations into the fa te of to Barreiro, who was accused of torturing more than 8,900 people who "dis­ prisoners in an army detention centre. appeared " in the mid-1970s after being Major Barreiro promptly took refuge in his abducted by the military and security army unit and on 16 April middle-ranking fo rces came to a virtual standstill with the officers took overthe Campo de Mayo army passing on 5 June of the Law of Due base, near Buenos Aires, to support him. Obedience, which strictly limited trials of They demanded an end to the human military and police personnel accused of rights trials and the resignation of the human rights related crimes between Army Chief of Staff, General Rios EreJiu, 1976 and 1983. The passing of this law who had instructed his officers to cooper­ was prompted by discontent and open ate with the civilian hearings. In response, rebellion within the ranks of the armed there were popular demonstrations in sup­ fo rces about continuing trials of their port of the government but President Raul personnel before civilian courts. Alfonsfn conceded to the rebel officers' The first measure to limit the trials was demands when other army units refused to introduced by the government in Decem­ obey orders to arrest them. ber 1986. Following military unrest at the The Law of Due Obedience was then prospect of two more major trials before enacted on 5 June to forestall most of the the Buenos Aires Appeals Court (which trials by granting immunity to all but the had been responsible fo r the conviction in most senior military officers for crimes 1985 of the commanders of the fo rmer committed during the repression. All but military juntas). the government approved the senior officers were automatically pre­ Law 23.492, known as the Punto Final, sumed to have been obeying orders from a Full Stop, on 26 December 1986. This seta superior. The only exceptions admitted 60-day deadline for the fo rmal initiation of were for cases of rape or the abduction of new prosecutions of members of the armed children. The new law reversed the provi­ forces, police and prison services accused sions of the Reforms to the Code ofMil itary of past human rights violations. After its Justice of 1984, which had established the expiry no further actions could be brought principle that subordinates could not except in cases involving theft, the abduc­ claim "due obedience" if charged with tion of minors or the fa lsification of their crimes involving "atrocious or aberrant documents. Unexpectedly, when the acts". As Amnesty International pointed deadline expired it was found that appeals out to the government, the new law Courts throughout the country had issued appears to violate the United Nations Con­ summonses against more than 300 officers, vention against Torture, to which Argenti­ including some still in active service. na is a party, which stipulates that "an THE AMERICAS I ARGENTINA

94 order from a superior officer or a public as "disappeared" by the present govern­ authority may not beinvoked as a justifica­ ment are believed to have been born to tion for torture". pregnant women in detention centres at The Law of Due Obedience was held to the height ofthe military repression. These be constitutional by a majority ru ling of infants were taken from their mothers the Argentine Supreme Court on 23 June. shortly after birth and allegedly given to Following this, three subordinate officers couples connected with the armed fo rces convicted of torture in the trial of General or police to raise as their own. Ramon Camps in December 1986 had their The organization most committed to sentences quashed. They werereleased on these investigations continued to be the the grounds that they had acted in obedi­ Abuelas de Plaza de Mayo, formed in 1977 ence to orders from a superior. In all, about by grandparents ofthe missing children. In 300 members of the armed fo rces and previous years they had traced a total of 43 police were believed to have benefited children, three of whom were known to immediately from the new law and most have died violently at the hands of the defendants in pre-trial detention were re­ military. Twenty others, however, had leased. Some trials on human rights­ been returned to the custody of their natu­ related charges were expected to continue, ral relatives. In 1987 their investigations depending on the result of appeals to the mainly concerned fo ur children living in Supreme Court. neighbouring Paraguay, whose natural At the beginning of 1987, there were 12 parents were believed to have "dis­ prisoners serving sentences imposed for appeared" in detention under the military. politically-motivated offences after trials All four werein the care of couples fo rmer­ conducted during the period of military ly linked to the Argentine military and rule which failed to conform to interna­ police force and had been taken to Para­ tional standards for a fair trial. All 12 had guay illegally, after Argentine courts been arrested between 1974 and 1976, and ordered genetic tests to be carried out to convicted on the basis of statements determine the children's true parentage. allegedly extracted under torture. The gov­ Amnesty International delegates vis­ ernment announced in February that it ited Argentina in October to discuss with would introduce a draft law to review the the government the organization's con­ prisoners' situation but this had not been cerns about the Law of Due Obedience, the done by the end of the year. By that time continued imprisonment of those sen­ five of the 12 prisoners had been released tenced after apparently unfair trials during on parole after completing two-thirds of the period of military rule and the fate of their sentences. A sixth, Osvaldo L6pez, the "disappeared" children. In November had been freed in November. He had been Amnesty International published a report, sentenced to 24 years' imprisonment in Argentina: The Military Juntas and Hu­ 1977 by a military court. He was released man Rights about the trial of the former after the Inter-American Commission on members of the ruling juntas. This con­ Human Rights of the Organization of cluded that the trial was fair and that the American States passed a resolution in rights of the defendants had been re­ June which declared that his right to due spected. However, in publishing the re­ process had been violated and that the port, Amnesty International also drew Argentine Government should rectify this attention to its concern about the Law of within 60 days. The Argentine Supreme Due Obedience. By conferring immunity Court referred his case to a civilian appeals from prosecution on many of those ac­ � court which reduced his sentence and cused of torture, the new law both under­ � Osvaldo L6pez was freed. mined the rule of law, which the earlier '"... Continued attempts were made trial had vindicated, and set a dangerous ...J C Z throughout 1987 to investigate the fa te of precedent for the future . o children who "disappeared" during the z� period of military government. Many chil­ '" ... dren aresti ll missing because their parents ! were abducted, killed or secretly impris­ � oned by security forces between 1976 and ... z 1983. A fe w children were abducted with lE c their parents, but most of those registered THE AMERICAS I BARBADOS I BOLIVIA

95 BARBADOS BOLIVIA

A number oftrade unionists and peasants were arrested and detained for short periods in connection with demonstra­ tions, work stoppages and other peaceful protests against government economic policies. There were reports that youths held at a drugs rehabilitation centre were beaten and that two died, one in December 1986 and one in January 1987. There was little progress in the trial of the former President, General Luis Garcia Meza, and others on charges involving human rights Some 14 prisoners were under sentence of violations. death in 1987, two of whom were minors (aged under 18) at the time of the crime. Under Barbadian law the minimum age fo r the imposition of the death penalty is 16. No executions were carried out during the year. The two juvenile offenders, Michael Taylor and Patrick Greaves, were sen­ tenced to death in 1984 fo r a murder committed during a robbery when they were aged 17. The Court of Appeal upheld their death sentences in November 1986. Barbados is one of only six countries known since 1980 to have executed people who were minors at the time of the com­ mission of the crime. In 1982 Martin Marsh was executed fo r a crime committed in May 1980 when he was aged 16. The The leader of one of the main teachers' Barbados Bar Association called on the unions and other members of teachers' government in September 1987 to review unions were arrested in February after they existing legislation so as to ensure that the opposed government plans to reduce death penalty could not be imposed on spending on education and reorganize the minors. school year on a regional basis. Daniel Amnesty International wrote to the gov­ Agudo. secretary general of the Confede­ ernment in December 1986 urging it to raci6n de Trabajadores de Educaci6n bring Barbadian law into line with interna­ Urbana de Bolivia. Bolivian Urban Educa­ tional standards that prohibit the imposi­ tion Workers Union. was held for several tion of the death penalty on persons aged weeks and then charged with sedition and under 18 at the time of the crime. It also disrespect towards the authorities. By the � K asked the government to commute Patrick end of the month he had been provisional­ Z ,., Greaves' and Michael Taylor's death sen­ ly released, as was Wilma Plata, the leader en � tences. In its reply in February 1987, the ofthe La Paz teachers' union, who had also i been charged. Their trial was still in pro­ .... government noted Amnesty Inter­ ,., '" national's concerns and said they would gress at the end of 1987. Others who were z be given due consideration at the arrested in La Paz, Santa Cruz and Cocha­ �o z appropriate time. bamba were released, apparently without � charge, during February. � '" Further arrests occurred in late July ,., � during an oil workers' pay dispute. On 26 � - July the government declared the coun­ ID try's oil fi elds to be national security con- l: THE AMERICAS I BOLIVIA

96 cerns and placed them under military his detention was unlawful. as Remy Bar­ jurisdiction in order to pre-empt a rios Suarez was below the age of legal threatened strike. This meant that anyone responsibility. In his case an autopsy was supporting the strike would be treated as a carried out which gave "convulsive syn­ deserter. Twenty-nine oil union leaders drome" as the cause of death. Three were detained but they were released months after the deaths had occurred a within a few days when the dispute was further police investigation was carried resolved on 2 August. out. Eleuterio Gutierrez Marcani, a fo rmer On 9 March Gonzalo Peiiaranda Fer­ trade union leader at a state-owned mine, nandez hanged himself in prison. He had remained in pre-trial custody throughout been sentenced to death in 1986 for the 1987. He had been held since September murder of a child. An appeal against the 1985 on a charge of theft which, he sentence was pending before the La Paz claimed, had been brought against him on District Court, on the grounds that the account of his trade union activities. The sentence violated Article 17 of the Boliv­ evidence against him was allegedly based ian Constitution prohibiting the use of the on a statement extracted under duress death penalty (see Amnesty International from a witness who subsequently retracted Report 1987). it. The witness alleged that he had been In November the Human Rights Com­ threatened and beaten by police who mittee monitoring adherence to the Inter­ fo rced him to incriminate Eleuterio national Covenant on Civil and Political Gutierrez Marcani. Rights said the Bolivian Government had There were reports that youths held at violated the Covenant in the case of four the Granja de Rehabilitaci6n (a drugs re­ men who had been detained in Luribay in habilitation centre) in Chimore, near 1983 and freed three years later. The Com­ Cochabamba, were routinely beaten and mittee fo und that the prisoners had been ill-treated by guards. The Granja is the tortured and ill-treated and that during the responsibility of the Unidad M6vil para el initial period of detention, their rights to Area Rural (UMOPAR), a specialized narco­ due process had been denied. The Com­ tics branch of the Bolivian police force. mittee reminded the Bolivian Government Those held there were mostly young peo­ of its obligation under the Covenant to ple requiring treatment for drug addiction provide compensation to the victims and or who had been accused of committing to take steps to prevent a recurrence of minor criminal offences. Some of them these violations. had not been formally charged or brought In February Amnesty International before a judge and were held in violation called for the release ofthe teachers' union of the Bolivian Code of Minors. officials as prisoners of conscience. It also Information was received about two expressed concern to the Minister of the deaths at the Granja, which were said to Interior about reports that criminal have occurred after the inmates concerned charges against Eleuterio Gutierrez Marca­ had been beaten by a guard. Cle6medes ni might be politically-motivated and Claros Jimenez, aged 16, died on 22 De­ based on a statement obtained under cember 1986. He had been arrested with­ duress. In September, fo llowing reports of out any warrant or explanation the pre­ the two deaths at the Granja, Amnesty vious afternoon. The death certificate gave International sought and obtained details

00 "acute anaemia" and "severe bruising" as of criminal investigations into the event 00 2: the cause of death. Witnesses alleged that from the authorities. After studying the ; he had been beaten repeatedly on the night report, however, Amnesty International of his arrest with a broom handle. His body remained convinced of the need for a fu ll ...� '" was returned to his fa mily for burial and and impartial investigation into the allega­ ... c z although they protested about the state of tions of arbitrary detention and iII­ o the body, no autopsy was performed. The treatment of inmates at the Granja. In z� second death, which occurred a fe w days particular, Amnesty International recom­ '" ... later on 2 January, was of Remy Barrios mended further investigation into the ! Suarez, aged 15, who had been detained in cases of Cle6medes Claros Jimenez and

III� October 1986. He was due to be released Remy Barrios Suarez, given that the offi­ ... Z the next morning after the local military cial causes of death were insufficiently � C commander issued an order accepting that precise to dispel concern. THE AMERICAS I BRAZIL

had been used previously during the 97 period of military rule fo r the arbitrary BRAZIL detention of a number of prisoners of conscience. The incommunicado order was lifted but a judge ordered that the two men should be detained for a further 15 days. The Supreme Military Tribunal, a military appeals court, rejected a habeas corpus petition for the release of Da nilo Groff on the grounds that this could pre­ judice the police investigations. Amnesty International believed that the two men had been arrested because of their affilia­ tion to opposition parties and that there was no evidence to support substantive charges against them. On 7 August both men were granted a presidential amnesty and released. There were frequent reports that cri­ minal suspects had been tortured or ilI­ There were freq uent reports of torture treated by police while in custody. In and ill-treatment of criminal suspects, January, for example, five peasants were including children, in police custody. Re­ arrested without warrant in Para State and ports of killings by "death squads" held together with a sixth man arrested in allegedly composed of state police offi­ neighbouring Goias State. They were held cers increased. There were fu rther attacks incommunicado fo r between seven and 10 and killings in the context ofland disputes days, during which time they alleged that which appeared to be condoned by local they were tortured. They were later state authorities and in December mili­ charged with the murder of a local land­ tary police were reported to have killed a owner and his driver, but escaped before number of people without provocation in being brought to trial. The Brazilian Con­ connection with a protest by gold prospec­ stitution stipulates that arrests may be tors. Several people were imprisoned made only when the accused is caught in briefly as prisoners of conscience. flagrante delictu or when a warrant or The Congress began drafting a new judicial order from the competent author­ Constitution but this had not been com­ ity has been issued. Neither of these ap­ pleted by the end of the year. There was plied in this case. The authorities soughtto discussion of agrarian reform, the role of explain this by saying that they had been the armed fo rces, the rights of indigenous held for questioning, although there is no populations and other issues, including legal basis for this. Despite their allega­ the merits of a parliamentary system of tions of torture and ill-treatment, the six government and the term of office of the were denied access to lawyers and were President. not allowed medical examinations until Among those imprisoned briefly as some 30 to 40 days later. prisoners of conscience were Danilo Groff, In another case, 12 alleged bank robbers arrested in Recife alleged that they had a member of the opposition Partido Demo­ > I: crotico dos Trabalhadores, Democratic been kicked and beaten with sticks, burnt Z '" Workers' Party, and Mauricio Pencak, a with cigarettes and suspended on the pau­ III trade union leader. They were both de-orara (parrot's perch) by police in order � z to force them to confess. Subsequently, the .... arrested in June after a bus in which '" .. President Jose Sarney was travelling was governor ofPernambuco gave an undertak­ z stoned by a crowd in Rio de Janeiro. They taking to Amnesty International that the �o allegations would be investigated. z were detained incommunicado fo r five > days under the Law of National Security There were also reports of a number of ,.. and charged with organizing the attack. deaths in police custody as a result of � This was the first time the Law of National beatings or what appeared to be extrajudi- � Security had been used since President cial executions. For ex ample, Cleber Sarney came to power in 1985, although it Goulart, who was a key witness in the THE AMERICAS I BRAZIL

98 prosecution of police officers in Porto said three people had been killed but other Alegre for alleged torture, was shot dead by sources suggested that the true number police on 14 May (see Amnesty Inter­ was about 20 and that they included a national Report 1986 and 1987). The pregnant woman, whose body had been police said he had tried to resist arrest thrown from the bridge, and an l l-year-old when he was caught robbing a supermar­ boy. ket. A witness to the shooting of Cleber There were continuing politically­ Goulart was also detained and died in motivated attacks on peasant leaders and unclear circumstances while being taken their advisers, a number of whom were to a police station. It was alleged that he killed. While these killings were mostly had been beaten to death by police officers. carried out by pistoleiros (gunmen) or Several police officers were prosecuted other private security personnel employed in connection with the death of a swim­ by local landowners or their organizations, ming instructor, Marcellus Gordilho there was no evidence that the Brazilian Ribas, who was beaten to death in custody authorities intended to tackle this prob­ on 17 March in Rio de Janeiro after being lem. The Ministerio de Reforma Agraria e stopped and searched fo r drugs. The police Desenvolvimento (MIRAD), Ministry of officers responsible were later convicted of Agrarian Reform and Development, re­ the relatively minor offence of abuse of ported in July that such crimes had be­ authority and received suspended prison come more flagrant and deliberate and sentences of 18 months. were openly carried out "by professional In cities throughout Brazil there were killers hired by landowners in order to numerous complaints alleging police vio­ repress and eliminate rural workers and lence against criminal suspects, including professionals acting in their defence". children. In Rio de Janeiro there was an However, there was much evidence to alarming increase in the number of killings suggest complicity between those re­ attributed by the press to the policia sponsible for killings and various state mineira, "death squads" allegedly com­ authorities who failed to investigate indi­ posed of state police officers. Between vidual killings or bring the perpetrators to November 1986 and April 1987 about justice. To the best of Amnesty Inter­ 1,000 such killings were reported. Mean­ national's knowledge, between 1980 and while Brazil's severely overcrowded pris­ 1987 no landowner or pistoleiro was con­ ons showed signs of continuing unrest victed of the murder of a peasant. because of alleged ill-treatment and poor In one case, Paulo Fontelles de Lima, a conditions. In the course of the year these lawyer and human rights activist, was shot tensions erupted into episodes of rioting dead by gunmen in broad daylight near and hostage-taking. Belem, Para State, in June. Shortly before, In late December military police were he had taken on the defence of some alleged to have killed up to 20 people at peasants accused of killing a landowner. Maraba in the Eastern Amazon. They He was well known as an advocate of attempted to clear some 2,000 people, agrarian reform and had previously re­ mostly gold prospectors and their fa milies, ceived death threats which he had asked who had blockaded a bridge over the the authorities to investigate, without re­ Tocantins river for two days in protest sult. No one had been arrested for his against unsafe working conditions at a murder, which was believed to have been nearby open-cast mine. Shortly before, OD committed by professional killers, by the OD � those occupying the bridge had agreed to end of 1987. In another case, Father Fran­ withdraw the blockade but military police cisco Cavazzutti, an Italian priest, was shot oIi< a.. were apparently ordered by the State Gov­ and blinded by a gunman in August as he ... Cl< ernor to clear it by fo rce before this could was finishing celebrating mass for a .... C take place. Both ends of the bridge were peasant community in Goias State. Father Z o sealed, tear-gas was fired into the unarmed Cavazzutti had allegedly given advice to z� crowd and military police advanced from local peasants involved in a land dispute. Cl< ... both ends beating people as they went and ... Amnesty International sent a mission to !: firing guns. Eye-witnesses, including Brazil in June. The delegates had discus­ Federal Police officers, reported that no �III sions with state officials in Para about ... z warning was given and no time allowed fo r apparent deficiencies in the administra­ :E c evacuating the bridge. The military police tion of justice and submitted a detailed THE AMERICAS / BRAZIL ! CANADA / CHILE

report on a number of cases of alleged 99 extrajudicial executions which had oc­ curred in the context of land disputes. They raised with officials other com­ plaints such as the alleged to�ture an? ill-treatment of peasants by police, parti­ cularly in the south of the state. In Sao Paulo State, Amnesty International's de�e­ gates raised reports of ill-treatment of PrIS­ oners. They visited several prisons and detention centres, including the Casa de Detenc;ao in Sao Paulo city, a prison with over 6,000 inmates. As a result of the visit Amnesty Inter­ national wrote to the Sao Paulo Secretary During the parliamentary debate he argued of Justice about allegations that prisoners that the death penalty did not deter crime at the Casa de Detenc;aohad been tortured and said that Canada's homicide rate had by night duty guards and that two prisoner reached a 15-year low since the death representatives, who had submitted a re­ penalty was abolished in 1976, with the port to the authorities about these abuses, murder rate in 1986 declining by 20 per had been ill-treated. Amnesty Inter­ cent in one year. national had also received information Amnesty International wrote to Canad­ indicating that, contrary to regulations, ian members of Parliament before the vote, prisoners had been held for periods ex­ urging them not to support the re­ ceeding 30 days in punishment cells introduction of the death penalty. where conditions were extremely harsh. In November Amnesty International Prisoners were held naked in their cells learned that two prisoners were awaiting and deprived of blankets and natural light. extradition to face charges of murder in Following a prison riot in the Sao Pau!o Florida and Nevada, USA, whose laws State Penitentiary at the end of July, In provide for the death penalty. Amnesty which a number of guards were taken International urged the Minister of Justice hostage, 29 prisoners and one of the hos­ . to obtain assurances from the Florida and tages were killed. Amnesty InternatlOnal Nevada authorities that the two men called upon the governorof Sao Paulo to would not be sentenced to death if con­ establish an independent commission of victed of murder. It asked the Minister to inquiry to investigate disquieting allega­ make such assurances a prerequisite for tions that some prisoners had been de­ their extradition. liberately executed. A state inquiry ex­ In June Canada ratified the United Na­ onerated the police, but autopsy reports on some of the prisoners, which were made tions Convention against Torture. available to Amnesty International, taken in conjunction with other evidence, fa iled to dispel concern that some of the killings CHILE may in fact have been deliberate.

The harassment of government critics by :. clandestine groups linked to the security K z CANADA ,., fo rces intensified in 1987, and torture by Cl! "" the official security forces continued in -< z spite of measures taken by the govern­ "" ..,., In June the Canadian Parliament voted ment which should have given detainees z 148 to 127 against a motion to reinstate the increased protection. Many political � CS death penalty, which had been abolished opponents of the government, trade union z :. for ordinary crimes in 1976. leaders, journalists and others were de­ r- .. Following the election of the Progres­ tained for short periods and three opposi­ ,., sive Conservative Party to power in 1984, � tion leaders were banished administra­ � Prime Minister Brian Mulroney had prom­ tively to remote parts of the country. - OD ised to allow a free vote on the subject. Judicial irregularities in the trials of pol- '" THE AMERICAS / CHILE

100 itical prisoners were reported, and little were left outside the homes of some vic­ progress was made in investigating hu­ tims. Others had incendiary devices left at man rights abuses. Three political prison­ their homes, offices or under their cars. ers were sentenced to death and five new Some victims were abducted for up to 24 "disappearances" were reported. hours and interrogated either in a vehicle or in a secret detention centre. Many were beaten. Others were given drugs or electric shocks, burned with cigarettes or acid, or had letters or symbols scored into their skin. The clandestine fo rces operated with impunity and the government took no effective measures to restrain their activ­ ities, despite evidence of the involvement of security forces personnel in some cases. In January, for example, after nearly two years of investigations into the abduction and murder of three Communist Party members in March 1985 (see Amnesty Internotionol Report 1986 and 1987), Judge Jose Canovas concluded that a police The government took preliminary steps unit had been involved. He subsequently to pave the way to a restricted form of closed the case and said that it was im­ civilian government. It prepared fo r a possible for him to proceed because of lack plebiscite, to be held in 1988 or 1989, of cooperation from the security fo rces. In opened electoral registers and passed a June, however, the investigation was new law allowing the establishment of reopened on appeal. non-Marxist political parties. Large num­ Torture by the official security forces bers of exiles were allowed to return to continued. During the first half of the year, Chile. The state of siege was not renewed a number of political detainees were held when it lapsed in January and a curfew incommunicado in CNI detention centres, which had been in fo rce almost con­ where they were tortured and interro­ tinuously since 1973 was lifted. However, gated. After the introduction of new the "state of danger to internal peace" and legislation in June, the CNI were required to a state of emergency remained in force. hand over detainees to the regular police Several steps were taken by the govern­ forces immediately. However, it emerged ment to protect human rights. In June a that political detainees were being tor­ new law required the closure of detention tured by CNI agents in police stations run centres run by the Centrol Nocionol de by investigociones (criminal investiga­ Informociones (CNI), state security police, tions police). Some detainees also said who had often been cited as responsible they were taken by the CNI to other for torture. In September the government unidentified detention centres. signed the United Nations Convention Following agreements reached in 1986, against Torture and the Inter-American delegates from the International Commit­ Convention to Prevent and Punish tee of the Red Cross (ICRC) were able to visit

co Torture. detainees held by the CNI and investigo­ co !!: However, the intimidation and harass­ ciones. However, according to detainees' � ment of suspected opponents of the gov­ testimonies, some had been tortured by the o ... ernment by clandestine groups linked to time the visit was allowed to take place. In ... co: the security fo rces intensified. The targets a number of cases, injuries sustained in .... C Z ranged from community leaders and local police custody were recorded by doctors o human rights activists in the poblociones from the Chilean Institute of Legal Medi­ � z (poor neighbourhoods) to bishops, actors, cine, who were asked by courts dealing co: ... politicians and court officials. Chilean hu­ with petitions fo r omporo (similar to ! man rights groups said that by December hobeos corpus) to examine detainees.

."� they had received reports of over 1,000 Some progress was made in judicial ... z cases. Death threats and surveillance were investigations into torture. Judge Rene :lE c most common. Cats with their throats slit Garcia Villegas, in whose jurisdiction lay THE AMERICAS / CHILE

the main CNI detention centre in Santiago. order against fo rmer Communist Party 101 was investigating about 40 official com­ Members of Parliament Julieta Campusano plaints of torture. He said that his work and Mireya Baltra was lifted but Clodo­ had led him to the conclusion that the CNI miro Almeyda. a Socialist Party leader. subjected detainees to "terrible tortures". completed the three-month term. He was but that the lack of police cooperation was then imprisoned on charges of illegal entry making it impossible to identify those to the country and being an "apologist fo r responsible. terrorism". At the end of 1987 he was still Several hundred people were detained in prison. awaiting the outcome ofappeals for a fe w hours or days for participating in against two 541-day prison sentences im­ peaceful political activities such as hand­ posed for each offence. ing out leaflets and campaigning for free The courts consistently fa iled to take elections. Members of the Christian Demo­ into account evidence submitted on behalf crat and Humanist Parties were arrested of victims of human rights abuses. For while canvassing for signatures to register example. in the case of Carmen Quintana as a political party under the new law. and Rodrigo Rojas. who were burnt in July Many others were arrested during a 1986. both the military prosecutor and the strike called on 7 October by the Comando higher courts apparently ignored exten­ Nacional de Trabajadores (CNT), National sive medical and witness evidence that the Workers Command. in support of a list of two were arrested and set on fire by a workers' demands including higher military patrol. Instead. they accepted the wages. ThreeCNT leaders and three leaders army version that the two were burnt by of the United Left opposition coalition accident when Carmen Quintana kicked were imprisoned and charged under the over a bottle of inflammable liquid. State Security Law fo r calling the stop­ Lawyers acting on behalf of Carmen Quin­ page. By 1 December all had been released tana complained that she and witnesses on bai l. had been harassed and reported other pro­ Restrictions on the right to freedom of cedural irregularities. for example. impor­ expression continued. although fo ur tant witnesses not being called. opposition magazines which hadbeen sus­ Efforts by a few civilian judges to pur­ pended under the state of siege were sue investigations were hampered by the allowed to resume publication in January. police and military not cooperating or The government took an un precedented blocked by the transfer of cases to military number of legal actions against journalists courts. Some court officials. such as Judge and editors. as well as politicians and a Rene Garcia Villegas. received death human rights lawyer whose statements threats. A new law modifying the Code of were published in opposition magazines. Military Justice passed in November gave They were committed for trial on charges the authorities further extensive powers to of slandering the President or the armed refuse to hand over information about forces. Five journalists were imprisoned police and the armed forces to the courts if for up to two months on similar charges they considered it to affect the security of before being released on bail. Juan Pablo the state or of individuals. Cardenas. director of the magazine An6/­ Investigations into approximately 700 isis. was sentenced to spend 541 nights in "disappearances" between 1973 and 1977 prison on similar charges: he had to report suffered a major setback when the Su­ to prison each night and was released the preme Court upheld a 1986 Appeal Court � � fo lloWing morning. decision to close an investigation into 10 z ,., Many exiles were allowed to return "disappearance" cases. Judge Carlos Cer­ en � from abroad but hundreds remained da. a member of the Appeal Court. had i banned from Chile. Four political leaders uncovered important information about � ,. challenged the ban by returning secretly the methods used by the police and mili­ z and then presenting themselves to the tary to eliminate political opponents ofthe �o z Courts. Three were immediately arrested government in the mid-1970s. He argued � and ... banished administratively for three against the Appeal Court decision to apply ,. months to remote parts of the country by an amnesty law passed in 1978 to the ,., � the Interior Ministry. the first time the accused. on the grounds that his investiga­ � authorities had used this measure since tions were not finished. toOD 1985. After two months the banishment Five political activists were reported to OD THE AMERICAS I CHILE

102 have "disappeared" in September, leading on 29 December after successfully peti­ to fears that the practice might be re­ tioning the Supreme Court for the charges emerging. Alejandro Pinochet Arenas was against him to be reduced (see Amnesty last seen on 10 September being forced International Report 1987). It appeared into a car in Santiago by several unident­ that the case against Or Olivares was in­ ified civilian assailants believed to be tended to obstruct the work of the Vicariate government agents. Human rights lawyers by linking it to armed opposition groups. said that the circumstances surrounding Three political prisoners were sen­ the "disappearance" of Julio Munoz, tenced to death in April after being con­ Manuel Sepulveda, Jose Pena and Gonzalo victed of participating in the killing of the Fuenzalida also gave reason to believe that military governor of Santiago in 1983. At they had been abducted by government the end of 1987 they were still awaiting the agents. The authorities denied holding outcome of an appeal to the Military them. Appeals Court. One political prisoner, Long-term political prisoners being Carlos Garcfa Herrera, had his death sen­ tried by military courts held a series of tence commuted to life imprisonment in hunger-strikes to draw attention to irregu­ October when the Military Appeals Court larities in their trials and to protest against fa iled to reach the unanimous verdict re­ the death penalty. Their complaints in­ quired by Chilean law to uphold a death cluded restrictions on the rights of the sentence. However, the government then defence, the use of confessions extracted submitted a complaint to the Supreme under torture, and long delays in trials. Court, which was still pending at the end Human rights groups' statistics indicated of 1987, against the one judge who had that only a quarter of the approximately voted against the death sentence. It argued 450 political prisoners had been sentenced that he was at fau lt in voting not to uphold by the end of 1987. Some of those awaiting the death sentence. sentence had been in detention since 1984 Twelve alleged FPMR members were or earlier. killed by the eNI on 15 and 16 June in Particular criticism was levelled circumstances suggesting that they were against the Special Military Prosecutor, the victims of extrajudicial executions. In Fernando Torres. He was investigating the one incident, in which seven people died, cases against approximately 100 defend­ there was evidence that all the shots were ants in fo ur trials charged in connection fired from the direction of the security with armed actions attributed to the Frente forces and none from where the victims Patri6tico Manuel Rodriguez (FPMR). were. In another, it appeared that the Manuel Rodriguez Patriotic Front, an victim was shot dead from a van as he was armed opposition group, including the wa lking along the street near his mother's September 1986 assassination attempt on house. President . He ordered a Amnesty International urged the gov­ number of the defendants to be held in­ ernment to take action against clandestine communicado for up to 40 days after their forces and to give protection to those arrest without access to legal counsel, threatened. It called for further measures often after they had been tortured. Other to be introduced to prevent torture and defendants reported that he and his court appealed to the authorities to permit de­ officials threatened them. In his Decem­ tainees held incommunicado by police to

GO ber report to the UN General Assembly, the be given access to lawyers and doctors. GO � Special Rapporteur on Chile criticized The organization called on the authorities >­ '" him for "a bias inappropriate in an official to review the judicial procedures in the o CL of his rank". trials of political prisoners which fe ll short w '" One of those charged by the Special of international standards for fa ir trials � c z Military Prosecutor was prisoner of con­ and appealed for the commutation of all o science Or Ramiro Olivares, a doctor work­ death sentences. It also continued to press z� ing with the church human rights organ­ fo r fu ll investigations into all human rights '" w >- ization, Vicariate of Solidarity. He was abuses, including "disappearances". An !: accused of "assisting terrorists" after he Amnesty International delegation visited � gave medical treatment to a man, unaware Chile in October and met officials of the w z that he had been injured in an attack on a Ministry of Foreign Affairs, representa­ a c shop. He was eventually released on bail tives of human rights organizations, pol- THE AMERICAS / CHILE / COLOMBIA itical parties, the Archbishop of Santiago summarily executed a number of their 103 and other church representatives. captives. In December Colombia ratified the Un­ ited Nations Convention against Torture. The area most affected by the upsurge in COLOMBIA political violence in 1987 was Antioquia department in northeast Colombia. In the banana plantation region of Uraba, more than 50 people, mostly agricultural work­ ers, their union leaders and advisers, were killed in the first half of 1987 against a background of protracted pay negotiations between the major unions and the planta­ tion owners. The killings were carried out by heavily armed men in civilian clothes believed to be employed by landowners acting with the complicity of the armed fo rces. Extensive counter-insurgency op­ erations made Uraba one of the most heavi­ ly militarized zones in Colombia, yet the killers were able to operate with impunity, passing freely through military controls. The year was marked by a dramatic in­ There were fu rther "" kill­ crease in human rights violations. Hun­ ings in Medellin, the capital of Antioquia dreds of suspected opponents of the department. Scores of people including armed fo rces were detained, tortured or trade unionists, students, university pro­ killed by "death squads" apparently com­ fessors and human rights activists were posed of military personnel or civilians killed, particularly during the second half acting on behalf of the armed fo rces or of the year, by groups operating under with their acquiescence. The victims ex­ names such as "Amor a Medellin", Love tended beyond those identified with the fo r Medellfn, and "Muerte a Revo/ucion­ left-wing opposition to include members arios del Nordeste", Death to Revolution­ of virtually any independent organization aries of the Northeast. Civic leaders and or profession considered to be critical of human rights activists responded by the armed fo rces' campaign against "sub­ organizing demonstrations demanding the version". Despite mounting evidence of right to life. On 13 August over 3,000 the armed fo rces' involvement, the gov­ people participated in a "march fo r life" ernment continued to contend that the through Medellin, led by the Comite de "death squads" were composed of inde­ Defensa de los Derechos Humanos (CDDH), pendent groups of right-wing extremists Medellin Committee fo r the Defence of whom the authorities could neither con­ Human Rights. The demonstration was in trol nor disband. In certain areas, civilian protest against recent "death squad" kill­ defence squads organized and equipped ings of five students and fo ur lecturers at by the armed forces to assist in their the University of Antioquia. Some of the counter-insurgency activities were also victims had been tortured before being alleged to have been responsible fo r shot. The local police said that they saw :. lI: torture and extrajudicial executions of the killings as isolated incidents, without z ,., civilians. apparent political motivation. However, Cl> .... There was increased activity by armed seven of the nine victims, it was later -< i opposition groups and a rise in the number established, had been members of a new .... ,.,'" of reported clashes between the armed political group Frente Popular, Popular z fo rces and the largest such group, Fuerzas Front, and had been arrested previously by �o z Armadas Revolucionarias de Colombia military personnel during a demonstration :. ... (FARC), the Revolutionary Armed Forces of on 1 May. They were said to have been '" Colombia, although fo rmally the FARC re­ held in the headquarters of the army's ,., �'" mained within a peace process initiated in Fourth Brigade and to have been photo­ .... 1984. There were new reports that the FARC graphed and fingerprinted before they :;; '" and other armed opposition groups had were released uncharged aftera few hours. '" THE AMERICAS / COLOMBIA

104 Another student. Gustavo Franco nistrativo de Seguridad (DAS). Administra­ Marln. was abducted on 4 August. He was tive Security Department. stated in Septem­ shot and blinded but survived and subse­ ber that his department was unable to in­ quently told the judicial authorities what vestigate "death squad" killings because 70 had happened. He said he had been per cent of its personnel were fu lly occupied dragged from his house in Marinilla. near in escorting over 600 people who had been MedelHn. and forced into an unmarked car threatened. Such attempts to provide pro­ by heavily armed men in plain clothes who tection. however. often proved ineffective. identified themselves as members of the In one incident. members ofthe national security forces. After driving through the police - who have operated under the au­ town the assailants shot him in the back of thority of the armed forces since the state of the head and threw him from the car. siege was imposed in 1984 - fa iled to By the end of August four ofthe leaders prevent the killings of several Communist of the "march for life" had themselves Party members in Medellin on 23 Novem­ become victims ofthe "death squads". The ber. Despite a police guard. three men in morning after the march. Senator Pedro civilian clothes armed with machine-guns Luls Valencia was shot dead by unidenti­ entered the city centre offices of the Com­ fied gunmen who broke down the front munist Youth organization. They forced door of his house with a jeep. Luis Felipe everyone they fo und in the building into a Velez. president of the Asociaci6n de In­ small room. made them lie on the floor. and stitutores de Antioquio (ADIDA). Antioquia then opened fire. Six people were killed. A Teachers' Union. was shot and killed on spokesman for the Medellin police said that 25 August as he arrived at the union office. the gunmen entered the building while the Later that day. Dr Hector Abad G6mez and three members of the police guard were Dr Leonardo Betancur Taborda. president having coffee. However. it was later estab­ and fo rmer vice-president of the CDDH. lished that the guards were in fact present were killed by unidentified gunmen who when the gunmen entered the building. opened fire as they were leaving a wake The escalation in political violence coin­ held for Luis Felipe Velez. cided with the start of a campaign for The killings coincided with the circula­ mayoral elections scheduled to take place in tion within the country of "death lists". March 1988. the first oftheir kind to be held. some of which were published in the Candidates and activists belonging to all the national press. One of the lists named 34 major political parties contesting the elec­ prominent national figures including a tions. including the ruling Liberal Party. former foreign minister. political leaders. were among the victims of politically­ journalists. trade union leaders. and Dr motivated killings. Supporters of the Uni6n Hector Abad G6mez. In the following Patri6tica (Up). Patriotic Union. appeared to weeks scores of "death lists" appeared in be a particular target of the "death squads". several major cities. including Cali and The UP estimated that since its formation in Bogota. Some appeared to be elaborately 1985. over 550 of its activists. including fo ur prepared documents which accused hun­ Members of Parliament and scores of local dreds of individuals and organizations of councillors and mayoral candidates. had "subversive activities" and openly justi­ been victims of politically-motivated kill­ fied the fo rmation of paramilitary groups ings. In May the UP leader. Dr Jaime Pardo and the elimination of alleged "commun­ Leal. gave the Procurator General evidence implicating members of the armed forces in ., ists". In September some ofthose named in ., � the lists met government ministers to seek the killings of 25 UP activists. An investiga­ protection and urge an official investiga­ tion into the allegations was initiated and a � tion into the formation. composition and preliminary report on 14 of the cases was '"� Cl: activities of the "death squads". Later the published in September. In six cases suffi­ .... C same month the Interior Minister informed cient grounds had been fo und to open for­ Z o Congress that an investigation had estab­ mal disciplinary hearings against members

z� lished the existence of 137 paramilitary of the armed forces and investigations into Cl: '" groups operating in the country. However. the other eight cases were continuing. On 11 ... !!: the government fa iled to announce any October Dr Pardo was himself killed by gunmen who intercepted his car in La Mesa. en� measures to curtail the activities of such '" Z groups. A month later the Minister of Justice lE c The head of the Departamento Admi- announced that an official investigation had THE AMERICAS / COLOMBIA

found that the killing had not been in CalL However, the military authorities 105 politically-motivated but was undoubtedly denied any knowledge of the four. linked to drug-trafficking.This was rejected In December the Procurator General's by the UP, who alleged that Or Pardo had office informed the newly appointed Presi­ been the victim of a politically-motivated dential Council on Human Rights that over "death squad" killing. 600 people reported to have "disappeared" The government took steps designed to since 1977 remained unaccounted for. It enhance the role of the courts in investigat­ also stated that 290cases had been resolved: ing politically-motivated killings. Follow­ 89 were known to be dead, while many of ing Or Pardo's death, the government those fo und alive had been held in unac­ announced in October the creation of Spe­ knowledged detention by the military. Hu­ cial Courts of Justice to investigate "political man rights groups estimated that almost crimes which cause social upheaval" 1,200 people had "disappeared" since 1977, However, by the end ofthe year no further more than 200 of them since President information had been made available con­ Virgilio Barco took office in 1986. cerning the functioning of the courts. Amnesty International intervened with The government had previously sought the authorities on a number of occasions to create Special Tribunals to investigate about alleged incidents of torture, "dis­ political killings. Although no specific appearances" and extrajudicial executions, criteria fo r the selection of cases to be and to urge the authorities to protect those investigated were established, cases in under threat from "death squads". In May an which the suspect came under a special Amnesty International mission visited Col­ jurisdiction, such as those involving mem­ ombia. In December Amnesty International bers of the armed forces, were excluded. In submitted a memorandum to the govern­ March the Supreme Court of Justice ruled ment in which it detailed its concerns about the d�lee law establishing the Special Tri­ extrajudicial executions, "disappearances" bunals to be unconstitutional. In a separate and torture and urged the authorities to take decision the Supreme Court of Justice also the necessary steps to protect basic human ruled that the state of siege legislation estab­ rights. It expressed Amnesty International's lishing military jurisdiction over civilians view that the government must assume was unconstitutional. Pending cases passed responsibility fo r human rights abuses by to the civilian courts. both regular police and military forces and Despite efforts to improve the civilian civilian auxiliary fo rces acting on their au­ judiciary's ability to investigate political thority. It urged the government to ensure killings, "death squads" continued to act that all such forces abide by internationally with apparent impunity. Members of the agreed standards. It called for security fo rce police or armed fo rces implicated in "death personnel accused of "disappearances" and squad" crimes continued to be tried by unlawful killings to be prosecuted before military courts, where the charges were ordinary civilian courts in order to protect invariably dismissed. the objectivity and impartiality of the trial. There were new reports of "disappear­ Amnesty International continued to sub­ ances" throughout 1987. For example, mit information on its concerns in Colombia Martha Boh6rquez and three other people to the relevant bodies of the United Nations were seized by gunmen wearing civilian and the Organization of American States. clothes in the centre of Cali and then "dis­

appeared". The fo llowing day her mother � I: received a telephone call from someone z ,., who said he was a police officer and who '" stated that she was being held in the La � i Rivera police station in the southeast of the � ,., '" city. The mother went there and fo und the z � car in which Martha Boh6rquez and her ::! o z friends had been travelling parked in the � police station car park. The police at first ,... '" denied that the fo ur were in custody, but ,., ;g one police officer subsequently disclosed � � confidentially that they had been arrested IQ .. and handed over to the Third Army Brigade .. THE AMERICAS / CUBA

106 taken to La Cabafla Prison, and described as "anti-social and stateless elements" by CUBA the authorities who said they were being charged with provoking disturbances. However, it was not known if any were still held at the end of the year or if any had been charged or tried. Several prisoners of conscience were released, including three leading members of the unofficial Comite Cubano Pro De­ rechos Humanos (CCPOII), Cuban Commit­ tee for Human Rights. Or Adolfo Rivero Caro and Professor Enrique Ladislao Her­ nandez Mlmdez were released on 6 Febru­ ary, and Professor Elizardo Sanchez Santa At least 600 people were known to be Cruz was released on 26 May. They had all imprisoned, apparently for political been arrested on 25 September 1986 and reasons, but in most cases there was too detained without charge or trial at the little information to indicate whether they headquarters of the Departamento de were prisoners of conscience. However, Seguridad del Estado (OSE), State Security those held at the end of 1987 included at Police, in Havana. The authorities gave no least 12 prisoners of conscience, most of reasons fo r their detention, but they were whom were held on charges of "enemy arrested shortly after Professor Sanchez propaganda" or for trying to leave the told foreign journalists about the situation country illegally. Unofficial sources of two other political prisoners. Or claimed that one prisoner died and many Domingo Jorge Delgado Fernandez, others were injured by guards during an secretary and legal adviser to the CCPOII, incident in Combinado del Este Prison, who was serving an eight-year sentence for Havana, in March, although the author­ illegally entering the Ecuadorian Embassy ities subsequently denied the allegations. in 1981, had recently been transferred to a New information emerged about deten­ punishment cell in Combinado del Este tion and trial procedures and prison con­ Prison. Jose Luis Alvarado, who had been ditions in previous years. Three people conditionally released in May 1986 after were executed and at least one other was serving fo ur years of a six-year sentence sentenced to death. imposed in 1982 for "enemy propaganda", In June the us Catholic Conference had been rearrested. The authorities said announced that it had reached an agree­ that Jose Luis Alvarado, who had also ment with the Cuban Government, allow­ talked to foreign journalists about political ing 348 current and fo rmer political pris­ imprisonment, had been returned to pris­ oners to leave Cuba and go to the USA. It on for infringing the conditions of his appeared that they would include many of release. Both he and Or Delgado were the so-called "pJantodos hist6ricos", believed to have been imprisoned on "historical pJantados" (political prisoners account of their activities in defence of held since the 1960s and 1970s who refuse human rights and to be prisoners of con­ to obey certain prison regulations). The science. An extra year was said to have

.. process was expected to start in September been added to Jose Luis Alvarado's origi­ .. !!: but had still not done so by the end of 1987. nal sentence Both men were held at Co m­ :;. In December the Minister of Justice binado del Este Prison at the end of 1987. announced the government's intention to Or Alfredo Samuel Marlinez Lara, a '"� '" abolish 63 of the 452 articles of the penal psychiatrist who had been detained with­ OSE z� code. One effect would be to abolish the out trial by the since September 1986, o death penalty for all offences except cer­ was also released in February. In May two z� tain crimes against state security, murder, other possible prisoners of conscience '" '" rape and pederasty with violence. were freed: Sebastian Arcos Bergnes, who ! In June rumours that exit visas could be had served over five years of a six-year

."� obtained from the French Embassy in sentence imposed for attempting to leave '" z Havana led many people to flock there. the country illegally; and Felix Agudo :E c Several dozen were arrested, reportedly Escudero, who had served three years of a THE AMERICAS / CU BA

10-year sentence imposed for sabotage. In y de Ias Medidas de Seguridad, On the 107 June Edmigio L6pez Castillo, a prisoner of Dangerous State and Security Measures. conscience, was also released a few This permits people thought likely to con­ months before the expiry of an eight-year stitute a potential danger to society to be term imposed for "enemy propaganda". arrested and interned in a "therapeutic" or At least 12 prisoners of conscience were "re-educational" establishment, or to be held at the end of 1987. They included "supervised by crime prevention bodies" Ariel Hidalgo Guil({m, Andres Solares for up to fo ur years. Marcelo and Marcos Teseiro, Rafael Lanza, Julio Vento Roberes Amor Minsal were both sentenced to fo ur and Gregorio Pena Estrabao (see Amnesty years' imprisonment. Their sister, Maria International Report 1987). all held on Alejandra Amor Minsal, also received a charges of "enemy propaganda", and four-year term but this was later reduced Rafael Gonzalez Rodriguez and Osvaldo on appeal to one year. They had all been River6n Gort, serving sentences oftwo and held previously on criminal charges. The three years respectively, imposed in 1986 three were all held in penal rather than for trying to leave the country illegally. re-educational establishments and may Eduardo Crespo Govea, an evangelist not have received a fa ir hearing. It minister, was serving a six-year sentence appeared that they might have been im­ imposed in 1984 for organizing an opposi­ prisoned because of their fa ther's con­ tion group "with the aim of changing the tinued opposition to the government. economic, political and social regime of Several prisoners were reported to have the ". Its illegal activities been injured and one criminal prisoner were said to have included printing a book killed as a result of assaults by guards in considered to distort the nature of the Combinado del Este Prison on 21 March. A Cuban Revolution and sending a letter to group of political prisoners reportedly the Pope and the UN Secretary General banged on the bars of their cells to demand criticizing Cuba's links with the Soviet medical treatment for one of their number Union. While serving his sentence, Eduar­ during a visit to the prison hospital by do Crespo Govea is reported to have been senior government and prison officials. punished fo r preaching in prison. Between Prisoners already receiving attention at the August and December, he undertook a hospital had earlier been movedelsewhere series offa sts in protest at being held with to accommodate some 300 prisoners re­ criminal prisoners and at being asked to quiring treatment for alcohol poisoning agree to stop his activities as a preacher in after an accident at Quivican Prison. Pris­ exchange for release. He reportedly suf­ on guards armed with blunt instruments fe red a perforated ulcer as a re sult. and using dogs were reportedly respon­ Pablo Andres Betancourt Ramos was sible fo r assaults on a number of prisoners, another prisoner of conscience still held at some of whom subsequently required the end of 1987. He was serving a 10-year medical treatment. The same day Ram6n term imposed following his arrest in 1980 Lance Ortega, a criminal prisoner, was for painting counter-revolutionary slogans allegedly beaten unconscious by guards deemed to be "enemy propaganda". He and then kicked, causing internal injuries was among the group of "new plantados" fro m which he was said to have died. In held in Combinado del Este Prison (pol­ response to inquiries from Amnesty Inter­ itical prisoners convicted in the 1980s national about the incident, the Minister of who refuse to obey certain prison the Interior denied that fo rce was used to ,. K regulations). quell the disturbances that took place on z ,., 21 March and said that no prisoner was en Gustavo Arcos Bergnes, a possible pris­ .... oner of conscience, was reported to be in beaten or required medical attention. He -< i said that a man called Ram6n LanceOrtega .... poor health and held alone in a punish­ ,., '" ment cell at Combinado del Este Prison. He had been released from prison on 24 March z had been sentenced to seven years' impris­ but he had not been held at Combinado del � o z onment in 1982 after he and his brother Este Prison and had no connection with ,. "" attempted to leave the country illegally. the incidents. '" ,., In April three children of a fo rmer At the end of 1987, some 65 "historical " o political prisoner now living in exile were plantados" were held in Combinado del � ... arrested and imprisoned under a section of Este Prison. Those held in Boniato Prison, '" co the penal code called Del Estado Peligroso Santiago de Cuba, had been transferred co THE AMERICAS / CUBA / DOMINICAN REPUBLIC

108 there in May. Many had been denied fa m­ ily visits or correspondence fo r years at a time, although there had been some im­ DOMINICAN provements since 1985 relating to exer­ cise, access to books, and their dress. In REPUBLIC August it was reported that "historical plontodos" were being allowed monthly visits. However, no changes were known to have occurred in conditions for the "new plantodos", believed to number be­ tween 30 and 40. New information emerged which indi­ cated that at least some prisoners who were tried by the Court of Crimes against State Security in previous years did not receive fa ir trials. For example, Raul Perez Ribalta was released in 1986 after serving seven years of a 20-year sentence imposed Three Haitian exiles were held without for espionage. He said that he had been charge for five weeks before being de­ detained incommunicado and in a small ported to Panama. The authorities failed dark cell by the DSE for six weeks after his to clarify the fate of two people who arrest in early 1979. Later, he was allowed "disappeared" in previous years, al­ fa mily visits, but he was not permitted though they apparently reopened inves­ direct contact with his lawyer until the day tigations into one of the cases. of his trial in August 1980. The lawyer was Reports were received in the second allowed access to the lengthy prosecution half of the year that Haitians, many of case only minutes before the trial, which whom live illegally in the Dominican Re­ lasted half a day, was due to start. public, were being indiscriminately It was announced that three people rounded up by the security forces and were executed for murder during 1987, threatened with being returned to Haiti and at least one other person, Arturo unless they agreed to work on the sugar Suarez Ramos, was sentenced to death. He cane harvest. Amnesty International be­ was convicted in September on charges lieves that many of those rounded up had a related to an attempt in March to hijack an well-founded fear of political persecution aircraft while in flight, in which a fe llow­ if deported back to Haiti. Workers on the hijacker was killed and passengers sugar cane plantations were said to be seriously injured. However, he had not fo rced to work under armed guard and been executed by the end of 1987. It was regularly beaten. In late October President not known whether his sentence had been Balaguer blamed Haitians fo r food short­ confirmed by the Supreme People's Tri­ ages and said that the country was being bunal, which reviews all death sentences, taken over by a "massive immigration of or by the Council of State, which can grant Haitians". clemency. On 13 November fo ur Haitian exiles Throughout 1987 Amnesty Inter­ were arrested in Santo Domingo, apparent­ national appealed to the Cuban authorities ly because oftheir political activities in the .. to release the 12 prisoners of conscience exile community. One of them, Patrick ! and sought information about several MOlse, was deported shortly afterwardsto I¥ other political prisoners who might be Panama, from where he had recently ar­ prisoners of conscience. Amnesty Inter­ rived. The three others, Patrick MOlse's ...� .. national also addressed the authorities brother Elie, Claude Exantus Casimir and .... c z about the March disturbances in Combina­ Abel Exantus, were taken to police head­ o do del Este Prison and urged them to quarters where they were held without �z consider abolition of the death penalty charge and without access to lawyers or ..... � when revising the penal code in December . fa mily until 17 December. They were then ! In November 1987 the secretary general sent to Panama, despite a court order e received a personal invitation from Vice­ fo rbidding their deportation fo llowing a ... z President Carlos Rafael Rodriguez to visit petition of habeas corpus filed on their , Cuba. behalf by a local human rights group. THE AMERICAS / DOMINICAN REPUBLIC / ECUADOR

Amnesty International had asked the auth­ groups of armed men in civilian clothes 109 orities about their legal status and had who appeared to be acting on behalf of or urged that they should not be forcibly with the acquiescence of the security returned to Haiti, where it wasfe ared they fo rces. might fa ce torture or summary execution In January President Leon Febres Cor­ by the security forces. dero was abducted by paratroopers at During 1987 the Government of the Taura Air Force Base. They released him Dominican Republic ratified the ]nter­ only after he agreed to honour an amnesty American Convention to Prevent and granted by Congress to an air fo rce general Punish Torture. who had led two unsuccessful military Amnesty International continued to rebellions in 1986. Those responsible for press the authorities to investigate the the President's abduction were subse­ whereabouts of Pablo Liberato Rodriguez, Quently arrested and court-martialled. who "disappeared" following his arrest in During the year Congress, the judiciary 1974. On 23 April President Balaguer and the Tribunal of Constitutional Guaran­ wrote to Amnesty ]nternational saying that tees (TGC) sought to investigate human the Procurator General of the Republic had rights violations committed by the secur­ been instructed to reactivate investiga­ ity forces, to press the government for tions into the case. However, no further action against those responsible and to news was received before the end of 1987, introduce human rights safeguards. The nor wasaction taken by the authorities to government, however, persistently denied clarify the fa te of Haitian refugee Luis that abuses had taken place. Samuel Roche, who "disappeared" in 1982. In September Congress brought im­ peachment proceedings against the ]n­ terior Minister, Luis Robles Plaza, who was accused of respons ibility fo r extra­ ECUADOR judicial executions, torture and "dis­ appearances" committed by the police under his authority since 1984. Shortly before the proceedings began, Diego Delga­ do, a Socialist Party representative who was scheduled to Question the Minister in Congress, was abducted and assaulted by a group of heavily armed and hooded men wearing civilian clothes. He was clubbed, forced into a car and driven to an isolated spot where he was again beaten. His assailants broke one of his arms and frac­ tured his skull. Diego Delgado later alleged that his attackers were government agents and said that they had accused him of arranging the Minister's impeachment, as well as stealing from him documents relat­ ing to government opponents who had Numerous people were arrested for pol­ "disappeared". An official investigation itical reasons and held in secret detention fa iled to identify those responsible for the centres where many were reportedly tor­ attack. tured. They included students, leaders of Evidence of more than 100 extrajudicial Indian communities, children and mem­ executions, 180 cases of torture and some bers or supporters of armed opposition 200 other human rights violations commit­ groups. The authorities fa iled to account ted by police since 1984 was submitted to satisfactorily fo r five people who "dis­ Congress during the impeachment pro­ appeared" from custody in 1985 and 1986, ceedings. One former detainee, Hilda although they sought to exonerate police Astudillo Gavilaiiez,testif ied that she had from responsibility for one of the "dis­ been tortured in August 1985 while held appearances". In a disturbing develop­ for interrogation by the National Police .. ment, there were attacks on demonstra­ Criminal Investigation Service in Guayas. ID OD tors and opponents of the government by She alleged that she was held blindfold for OD THE AMERICAS I ECUADOR

110 12 days, hung upside down by her toes, cio de Inteligencia Mi/itar del Ejercito beaten with gun butts and burned with (military intelligence service) was revealed cigarettes. during TGC investigations of several cases of The impeachment proceedings against arbitrary arrest and torture. In one case, the Interior Minister Robles led to a congres­ Tee fo und that fi ve men detained in March sional motion of censure, which held that in connection with the death of an army he should accept responsibility for the conscript had been arrested illegally and extrajudicial executions, torture and "dis­ held for 20 days in a clandestine detention appearances" committed by the police. centre where they were interrogated and Under the Constitution, a censured gov­ tortured before transfer to police custody. In ernment minister is required to resign. The October the Tee decided to censure the head Interior Minister, however, refused to do of the military intelligence service fo r hu­ so. Subsequent calls fo r his dismissal by man rights violations committed by men both the Supreme Court of Justice and the under his command. Tee were rejected by President Febres. The conditions under which 18 political Nationwide protests ensued, and a general prisoners were held in the Penitenciaria del strike was called for 28 October. On the eve Litoral, a prison in Guayaquil, appeared so of the strike, the government declared a harsh as to constitute cruel, inhuman or state of siege and more than 60 people were degrading treatment. The prisoners, mostly arrested, including members of the work­ alleged members or supporters of guerrilla ers' confederation Frente Unitario de Tro­ groups, were reportedly subjected to beat­ bajadores, which had called the strike. ings, allowed few fa mily visits and denied The detainees were released without exercise, adequate medical treatment and a charge after the state of siege was lifted on proper diet. In March, 10 of the prisoners 29 October. went on hunger-strike to demand better There were new reports that prisoners, treatment and more prompt processing of including children, had been tortured or their cases by the courts. The hunger-strike ill-treated. Alberto Alarc6n, a child of lasted for more than a month and was called eight, was reportedly tortured, together off only after the prison director gave an with his father and members of a neigh­ assurance that conditions would improve. bouring fa mily, in May by soldiers of the Amnesty International continued to Bata1l6n Selva No. 56 Tungurahua, in press for a thorough investigation by the Napo province. The soldiers apparently authorities into reported cases oftorture and entered the victims' homes in the com­ the "disappearance" of five people fo llow­ munity of Santa Cecilia to investigate the ing their arrests in 1985 and 1986. The only theft of a rifle. They allegedly pushed a gun case in which developments were reported into the boy's mouth and threatened to was that of Consuelo Benavides Cevallos, shoot him before throwing him over a roll who "disappeared" after her arrest in of barbed wire, beating him and submerg­ Quininde, Esmeraldas province, in Decem­ ing his head in water until he nearly ber 1985 (see Amnesty International Report drowned. A subsequent medical examina­ 1987). tion fo und injuries on his neck and body Despite evidence from eye-witnesses consistent with his allegations of torture. that she had been arrested by military per­ In March one of the 94 paratroopers sonnel, an official investigation examined court-martialled in connection with the only the role of the police in her arrest and

.. abduction of President Febres alleged that detention and concluded that the police had .. ::!: he and others had been tortured with not been involved. The investigation � electric shocks, beatings and burnings by appeared to have scrupulously avoided any o CL military intelligence officers. Other defend­ suggestion of military involvement in the ... a: ants retracted confessions which, they said, "disappearance". ...l c Z had been extracted under torture. To the o knowledge of Amnesty International, the z� courts martial did not investigate the allega­ a: ... 58 ... tions. In July paratroopers were sent­ ! enced to prison for periods of six months to >- 16 years for treason and desertion and 36 ...t;; z were acquitted of the charges . � c Further evidence of torture by the Servi- THE AMERICAS I EL SALVADOR

apparently were responsible for de­ 111 tainees' continued imprisonment. EL SALVADOR The amnesty was promulgated in par­ tial fu lfilment of the Central America -Cl Peace Agreement, signed by El Salvador � �"l� in August (see entry on Guatemala). The �� agreement specifically called for an amnesty for political prisoners in further­ - ���-- � ance of its announced aim of achieving peace in the region, including El Salva­ dor, where the government of President Jose Napole6n Duarte continued to face armed opposition from the Frente Fara­ bundo Martf para la Liberaci6n Nacional (FMLN), Farabundo Marti Na'tional Libera­ There were arrests of suspected govern­ tion Front. There were reports that the ment opponents, some of whom were FMLN was responsible for human rights reportedly tortured, subjected to severe abuses, including abductions and psychological pressure or extrajudicially execution-style killings, but it was not executed and some of whom "dis­ possible independently to verify these appeared" while in custody. Victims in­ allegations. The FMLN was also accused of cluded trade unionists and members of breaching internationally accepted stan­ ; human rights workers; for­ dards fo r conduct during armed conflict mer prisoners; refugees who had volun­ not of an international character by using tarily returned to El Salvador, particular­ land mines to kill specific civilian targets. ly from Honduras; and church and relief However, investigation into a number of workers assisting them. landmine deaths by international human The so-called "death squads" - offi­ rights monitoring groups did not produce cial personnel acting in plain clothes evidence that the victims had been speci­ under the direction of superior officers - fically targeted. re-emerged in the course of the year. They A state of siege, in force almost con­ issued public lists threatening particular tinuously since March 1980, and im­ individuals with death and claimed re­ plementing emergency legislation, Decree sponsibility fo r the "disappearance" and 50 of February 1984. lapsed at the begin­ killing of a number of suspected critics or ning of the year for reasons unrelated to opponents of the government. human rights issues. However, hundreds Some 400 political prisoners. many of of people detained under their provisions whom had been held in long-term deten­ remained in prison until released in tion without trial, were released under the November under the October amnesty. terms of an October amnesty. It provided They included two brothers, Jose Vladi­ unconditional amnesty for those who had mir Centeno and Jaime Ernesto Centeno, been implicated in political offences and both of whom had been held without trial related common crimes, including those since their arrest in November 1985. They not yet charged. Also released were a maintained that they had been tortured number of the few officials imprisoned for and drugged to extract a confession to the human rights violations, including two kidnapping of a government official. soldiers serving 30-year terms for the Their "confession" was then broadcast on murder in January 1981 of two United television, apparently to justify their im­ States labour advisers and the head of the prisonment. In May an investigative judge Salvadorian Institute of Agrarian Reform. appointed by the Supreme Court to exam­ Sixteen prisoners known to have re­ ine their case filed a petition fo r their mained in custody were believed to be release on the grounds that there was no political prisoners. According to the gov­ longer a legal basis for their imprison­ ernment, however, these prisoners had ment. However, the Supreme Court did been implicated in common rather than not ru le on this petition before the politically-motivated crimes. In a fe w of brothers were released under the October - these cases, technical factors such as amnesty. ID officials losing legal documentation Earlier, in August, Jose Vladimir Cen- g: THE AMERICAS I El SALVADOR

112 teno was seriously injured in an attack on they testified that armed soldiers from the La Esperanza Prison by unidentified gun­ Fourth Infantry Brigade had arrested them men. The prison, in Mariona, is the main on the previous day, beaten them, slashed detention facility for male political de­ their throats and left them for dead. tainees in the capital area. Three political The military were also apparently re­ and two common law prisoners were sponsible for the killing in June of Jose Pilar wounded in the attack, which the author­ Rivera Romero, Cristino Machado. Santiago ities said was carried out by armed mem­ Coreas, Candido Rodriguez and Andres bers of the opposition. According to local Mejia Roque, all of them peasants from the human rights monitors, the attack department of San Miguel. Although the appeared to have been conducted by armed forces initially claimed that the members of the security forces colluding victims had died during combat, extensive with prison guards. Following the attack, evidence, including testimony by eye­ the authorities first said that no prisoners witnesses to the young men's arrest and a had been injured. Subsequently, they forensic doctor's report, suggested that they admitted that Jose Vladimir Centeno and were taken into custody by troops of the other prisoners had been wounded but Arce Battalion, tortured and shot at close said the injuries had occurred during an range before their bodies were thrown escape attempt. down the well from which they were The safety of those released under the recovered. October amnesty, including the Centeno Other killings or "disappearances" brothers, was uncertain. A number of which local human rights groups attributed prisoners freed prior to the amnesty had to the government were carried out in "disappeared" or were apparently extra­ "death squad" style by heavily armed men judicially executed. For example, Rolan­ in plain clothes who abducted their victims do Alberto Borja Trinidad. an activist in a in the presence of witnesses or shot them in Christian grass-roots community, told the streets. Herbert Anaya Sanabria. coordi­ friends and local human rights groups nator of the non-governmental Comisi6n de after his release that he was constantly Derechos Humanos de El Salvador (no­ being fo llowed and feared for his life. He gubernamental) (CDHES), Human Rights was shot dead in mid-January on the day Commission of El Salvador, was shot dead that he had initiated steps to obtain a visa by unidentified men with silencers on their to emigrate. guns in October as he prepared to take his The lifting of the state of siege at the children to school. The government beginning of the year and the lapse of announced that the killing would be fully Decree 50 should have resulted in the investigated and would be one of the only reinstatement of a 72-hour limit on admin­ two politically-motivated crimes not cov­ istrative detention, as provided in El Salva­ ered by the October amnesty. (The other dor's ordinary code of criminal proceed­ was the murder in March 1980 of ings. However, the security forces, and Archbishop Oscar Romero by a gunman particularly the military, failed to observe reportedly acting on behalf of a "death the limit. During the year they repeatedly squad" linked to the military.) failed to either release suspects or place Herbert Anaya had been detained in them within the jurisdiction of the regu lar May 1986, along with several members of courts and transfer them to officially recog­ the CDHES and other human rights workers nized places of detention within the legal whom the government accused of collabor­ :g � time limit. Military units sometimes simp­ ating with the armed opposition. He was � ly denied that a detention had occurred or released without trial in February 1987. His o CL arbitrarily executed the detainee. abandon­ killing followed a wave of threats and ... '" ing the body in an apparent attempt to abuses directed against human rights work­ ... c z suggest that the victim had been killed by ers and their fa milies in the preceding o an unknown "death squad". months, some from official sources and z� On 14 June, for example, local residents others from so-called "death squads". '" � found four peasants from different hamlets Reports of the torture of detainees indi­ !!: in the jurisdiction of La Laguna, Cha­ cated increasing reliance on severe psycho­ � latenango, suffering from deep stab wounds logical pressure, including prolonged sleep ... z to the throat. Three of the victims were deprivation. There were also continued :. c taken to hospital in San Salvador, where reports of the physical torture of detainees. THE AMERICAS / EL SALVADOR / GRENADA

In one case, Gerardo Hernandez Torres, a representatives spoke professed to be ignor­ 113 baker, died on 16 December at La Esperan­ ant of information long in the public do­ za Prison. He had been detained by soldiers main. For example, a member of the Spe­ of the Atlacatl army counter-insurgency cial Commission on Investigations, estab­ brigade on 12 December. On the following lished by the President in August 1984 to day he was transferred, along with two look into inter alia the murder in December other prisoners, first to the barracks of the 1980 of John Sullivan, a journalist from the First Infantry Brigade in the department of United States, maintained that the body San Salvador and then to National Police had never been identified. Amnesty Inter­ Headquarters in San Salvador, the coun­ national had itself made known to both the try's capital city. According to the testi­ current and previous administrations that a mony of the other two prisoners, Hernan­ us forensic expert had concluded in Febru­ dez Torres was severely beaten at both ary 1983 that a corpse recovered in El locations and forced to take pills which Salvador and returned to the us for burial induced hallucinations and incoherent was that of John Sullivan "beyond all speech. On 15 December he was transferred reasonable doubt". to La Esperanza Prison and died there the Following its mission, Amnesty Inter­ fo llowing day. Hernandez Torres' death, national expressed concern to the the apparent result of torture, was the first Salvadorian authorities on a number of such death known to have occurred for occasions that regular military and police several years in an acknowledged deten­ personnel continued to be implicated in tion centre in El Salvador. human rights violations. The organization In March new legislation established also asked that the safety of those publicly procedures for cases of suspected political threatened by the "death squads" be offenders in the event that a new state of guaranteed. siege was declared. The legislation, Decree Amnesty International summarized its 618, included provisions for prolonged continuing human rights concerns in El pre-trial detention and for the admission of Salvador to the United Nations Commis­ extrajudicial declarations - that is, state­ sion on Human Rights in February. In ments made to the security forces during December the organization communicated interrogation - as evidence during trials. these concerns to Javier Perez de Cuellar, Such practices had been features of pre­ Secretary General of the UN and Secretary vious state of siege legislation and were Protemporary of the International Commis­ believed to have facilitated the torture of sion of Verification and Follow-up, in order prisoners. to assist in the Commission's monitoring of In March Amnesty International sent a the Central America Peace Agreement. mission to El Salvador and expressed con­ Amnesty International also expressed its cern to the government about the con­ concern that the terms of the October tinuing detention without trial in harsh amnesty could encourage perpetrators of conditions of many prisoners charged with past abuses to believe they were immune to politically-motivated crimes. Amnesty prosecution, thereby contributing to a cli­ International also expressed concern that mate conducive to further violations. It detainees continued to be tortured and explained its view that relatives had the forced to sign extrajudicial statements. In right to know the circumstances in which addition, the organization addressed the tens of thousands of people had "dis­ fa ilure of the judiciary to ensure that the appeared" or had been extrajudicially ex­ cases of people accused of political of­ ecuted in El Salvador in recent years. fe nces are completed within the time pre­ scribed by law and that government agents accused of responsibility for human rights violations are brought to justice. GRENADA The organization was particularly dis­ turbed that little progress had been made Fourteen former members of the People's by various special commissions announced Revolutionary Government (PRG) con­ by President Duarte afterhe assumed office victed of the murder of former Prime in June 1984 to inquire into specific human Minister Maurice Bishop remained under ... rights violations. Members of the commis­ sentence of death pending appeals against IQ CD sions with whom Amnesty International their convictions (see Amnesty Inter- CD THE AMERICAS I GRENADA I GUATEMALA

114 GUATEMALA

The scale of both civil conflictand human rights violations was lower than in the early 1980s, when the official security fo rces were responsible for a pattern of gross human rights violations. However, suspected critics and opponents of the government continued to be subjected to arbitrary seizure, torture, "disappear­ national Report 1987). During the year ance" and extrajudicial execution. The there were a number of complaints about victims included trade unionists, their treatment in prison. peasants, students, teachers and lay Amnesty International wrote to the church workers. Relatives attempting to Prime Minister in February to express discover the fa te of their "disappeared" concern about reports that these prisoners family members reported threats and had had their sheets, blankets and under­ harassment. The abuses were reportedly wear removed; that they were confined to carried out by police and military person­ their cells fo r nearly 24 hours a day with nel acting in uniform or, most often, in little or no outside exercise; that consulta­ plain clothes in the guise of "death tion with their lawyers was permitted only squads". within hearing of a prison guard; and that notes taken by the prisoners to prepare their appeals had been confiscated. No reply was received. In November two Amnesty Inter­ national delegates visited the prison. Fol­ lowing this, Amnesty International wrote again to the Prime Minister in late Decem­ ber stating that, although the physical conditions on death row compared favour­ ably with other parts of the prison, it remained concerned about the treatment of the PRG prisoners, especially Phyllis On 7 August Guatemala (along with Coard, who continued to be held in soli­ Costa Rica, El Salvador, Honduras and tary confinement. Nicaragua) signed the Central America Amnesty International also expressed Peace Agreement in Esquipulas, Guatema­ concern about reports that Phyllis Coard la, intended to achieve peace in the region. had been placed on a bread and water Its 10 points included a call for an amnesty punishment diet in September for asking which was to contain provisions to the prison authorities about papers con­ guarantee the inviolability of life, and nected with her appeal which were left fo r physical safety of those amnestied. her and which she did not receive. The However, the Peace Agreement had

.. organization said it was concerned that a limited effect on human rights protection .. � prisoner's complaint or request fo r in­ in Guatemala. While "disappearances" ... '" fo rmation should be treated in such a and extrajudicial executions continued, o Cl. punitive manner, which appeared to be the government did not acknowledge ... '" contrary to the United Nations Standard holding any political prisoners and .... c z Minimum Rules for the Treatment of announced no releases under the amnesty o Prisoners. Amnesty International was also called for in the agreement. A military­ z� concerned about reports that she and other promulgated amnesty passed in January '" ...... prisoners had been placed on bread and 1986, on the eve of civilian President !: water punishment diets (for up to 21 days Vinicio Cerezo's accession to office, S in some cases) without the flaily medical granted immunity to those responsible for ... z supervision required under the Standard "political crimes and related common :lE c Minimum Rules. crimes" committed under General Efrafn THE AMERICAS / GUATEMALA

Rios Montt's administration between early in November. The fa te of the other 115 March 1982 and January 1986. Thus the two men, whose detention was denied by amnesty clause of the Peace Plan effective­ the authorities, remained unclear at the ly extended immunity to those who have end of the year. committed such crimes since President Abuses continued despite new mea­ Cerezo came to office. Amnesty provisions sures to improve the human rights situa­ applicable to opposition fo rces who agreed tion announced by the authorities at the to lay down their arms appear not to have time of the return to civilian government been respected. and thereafter. The 1985 Constitution, Among the victims of abuses which which came into force when President occurred in 1987 was Debora Carolina Cerezo took office, provided for establish­ Vasquez Velasquez, a university student ment of a Congressional Human Rights who was fo rcibly abducted in April by Commission and a Human Rights Attor­ seven heavily armed men in plain clothes ney. The Commission is mandated to pro­ in Guatemala City. Although traffic police pose and promote human rights legislation saw the abductors' car enter the Justo and the attorney is responsible for receiv­ Rufino Barrios military barracks in Guate­ ing and investigating complaints of human mala City, the authorities at no time admit­ rights violations. The working methods of ted her detention. Following international the Commission remained unclear protests at reports of her abduction and throughout 1987. The fu nction of the Hu­ "disappearance", Debora Vasquez was re­ man Rights Attorney's office also re­ leased. During nine days in unacknowl­ mained unclear. The attorney himself was edged detention, she was reportedly not appointed until August, some 20 bound and blindfold and subjected to months after President Cerezo assumed death threats and torture, including beat­ office. ings and near asphyxiation. In several A new presidential commission on dis­ other exceptional cases, people who re­ appearances announced by President portedly "disappeared" were released Cerezo in April had also fa iled to identify after international expressions of concern, its mandate and composition by the end of but without government acknowledge­ the year. Under its original terms of refer­ ment that they had been in custody. ence the commission was to have com­ The great majority of those who were plet�d its investigations within three abducted during 1987 either were found months. Two commissions fo rmed under dead or remained "disappeared" at the end the previous government of General Oscar of the year. Four armed men in plain Humberto Mejfa Victores to investigate clothes abducted Alma America Garrido "disappearances" had disbanded them­ de Gir6n, a teacher, on 14 January. Three selves without producing any significant days later her body was fo und bearing fi ndings. marks of torture. Her father said at her Similarly, little progress was apparent fu neral that he believed members of a in the investigations undertaken by Judge government security agency were re­ Olegario Labbe Morales, appointed by the sponsible fo r her death. Supreme Court in May 1986 to pursue Two agronomists, Danilo Sergio Alvar­ habeas corpus applications fi led with the ado Mejia and Rene Haroldo Leiva Caxaj, courts on behalf of people said to have were abducted on 17 and 19 October re­ "disappeared"; Judge Labbe reportedly de­ spectively by armed men in civilian clined to pursue available information :. I: clothes. Both agronomists were fo und concerning those cited as responsible for z ,., dead on 23 October. In December six specific "disappearances" or extrajudicial � policemen were arrested in connection executions. z .... with the killings, which the government In any case, the January 1986 amnesty ,., '" maintained were committed fo r personal and the amnesty provisions of the 1987 z rather than political reasons. Also in Octo­ Central America Peace Agreement �o z ber three members of a peasant league were appeared to fo restall the possibility that :. ... reportedly abducted from the San Basilio any investigations into human rights '" estate, in the department of Suchitepe­ abuses would result in the prosecution of ,., ;g'" quez, by members of the armed fo rces and those allegedly responsible...... taken to the local military base. The body In May Amnesty International pub­ '" 00 of one, Manuel Chin Bosos, was fo und lished a report, Guatemala: The Human 00 THE AMERICAS I GUATEMALA I GUYANA

116 Rights Record, which called for fu ll and was paralysed in the attack, which was impartial investigation of past human carried out by armed men allegedly con­ rights violations in order to identify the nected with the authorities and apparently structures and policies that had permitted directed against the father, trade unionist violations on a gross scale over a long Jose Mercedes Sotz. Three months earlier period and in order to prevent their recur­ the fa ther had reportedly been seized and rence. In particular, Amnesty Inter­ beaten by men linked to the authorities national expressed concern that the Janu­ because of his activities with the Sindicato ary 1986 amnesty might lead those re­ Central de Trabajadores Municipales sponsible for past violations to believe that (SCfM) , Central Municipal Workers Union. they could again act with impunity. Members of the union have been con­ In July Amnesty International repeated tinuing targets of human rights violations. its call for thorough investigation of all For example, in September 1987 SCfM "disappearances", including a number member Carlos Perez Oscal was held for which had occurred since President Cere­ three days by heavily armed men believed zo assumed office. One of the many unre­ to be officially linked to the municipality solved "disappearance" cases cited by of Guatemala City. While in custody, he Amnesty International was that of Luis was reportedly subjected to intimidation Fernando de la Roca Elias, a student who and ill-treatment because of his trade "disappeared" fo llowing his abduction in union work. September 1985. His mother established in In December Amnesty International 1986 that two cars used by her son's provided information on its concerns in abductors had been registered to the mili­ Guatemala to the United Nations, in con­ tary. At the end of 1987, the man's mother nection with the work of the International charged that neither the military nor Judge Commission of Verification and Follow­ Labbe had pursued the writs of habeas up. The Commission is charged with corpus she had filed on her son's behalf. monitoring implementation of the Central In November Amnesty International America Peace Agreement. called on officials, including Judge Labbe, In 1987 Guatemala declared its accept­ to investigate the "disappearance" earlier ance of Article 62 of the American Conven­ that month of Reyes Anibal Arizandieta tion on Human Rights, thereby accepting Franco, a sugar cane worker and member of the binding jurisdiction of the Inter­ a Christian community. Eye-witnesses to American Court for cases subsequent to his abduction by fo ur men in plain clothes the date of the declaration. However, the alleged that they had previously seen the government's ratification in February of abductors wearing army uniforms. the Inter-American Convention to Prevent During 1987 Amnesty International and Punish Torture contained the reserva­ also expressed concern that members of tion that legal remedies had been the Grupo de Apoyo Mutua par el Apareci­ exhausted, a decision acquitting a person miento con Vida de Nuestros Familiares of torture would be final and could not be (GAM), a group of relatives of missing submitted to any international forum. The people, continued to be subjected to death reservation was made although Article 46 threats and harassment, apparently be­ of the Guatemalan Constitution states that cause of their efforts to locate their "dis­ human rights treaties ratified by Guatema­ appeared" relatives. In October 1987, fo r la were to prevail over domestic law.

GO example, GAM member Violeta de Le6n GO :!: reportedly began receiving death threats � after she submitted papers to Judge Labbe � which named the army and police intelli­ GUYANA '" .. gence agents whom witnesses said were .... c Some 30 prisoners were believed to be z responsible for her son's "disappearance" o in 1984. Amnesty International urged that under sentence of death but there were no z� all appropriate measures be taken to en­ executions in 1987. The government .. '" sure the safety of Violeta de Le6n and all of ordered an inquiry into the death in 1980 ! the group's members. of an opposition leader who was alleged � In October the organization again to have been the victim of an extrajudicial '" z called on the authorities to investigate the execution. However, the inquest had not :lE c shooting of a child in May 1986. The child begun by the end of the year. THE AMERICAS / GUYANA / HAITI

tained secretly and without legal remedy, 117 and there were widespread reports of torture, ill-treatment and deaths in deten­ tion. There were also reports of "dis­ appearances". Many civilians were shot dead or injured by the security forces, and there were also killings by armed men in civilian clothes believed to be security fo rce personnel or members ofthe Tonton Macoute militia acting on behalf of, or with the tacit consent of, the authorities. The judicial death penalty was abolished but at least 46 people were reported to have been summarily executed in Fort Dimanche, a military establishment, on 28 and 29 November. The inquest was ordered in October A new Constitution drawn up by an into the death of Dr Waiter Rodney, leader elected Constituent Assembly was of the Working People's Alliance (WPA), approved overwhelmingly in a national who was killed by a bomb in June 1980. His referendum in March. It abolished the brother, Donald Rodney, who was with death penalty and contained other posi­ him in a car at the time of the explosion, tive measures affecting human rights, such alleged that the bomb had been concealed as the establishment of detailed detention in a walkie-talkie given to him by a mem­ procedures and the right of detainees to be ber of the Guyana Defence Force, who later free from "moral pressure or physical bru­ left the country. The government alleged tality". It also defined the procedures to that Dr Rodney intended to use the bomb to elect a new President by February 1988. blow up Georgetown prison. The WPA con­ These included the fo rmation of a Conseil tended that the government was respons­ electoral provisoire (CEP), Provisional ible for planting the bomb. In early 1987 Electoral Council, as an independent the former soldier claimed in a number of body to oversee the electoral process. press interviews from neighbouring In June the Conseil national du French Guiana that Dr Rodney's death had gouvernement (CNG), National Govern­ been an "accident". Following this, in ment Council, the civilian-military junta April, Amnesty International reiterated which took power in February 1986 when earlier requests to the government to Jean-Claude Duvalier fled the country. reopen its inquiry into Dr Rodney's death attempted to change by decree the elector­ in view of the reappearance of someone al procedures laid down in the Constitu­ who appeared to be a key witness. tion. This resulted in widespread pro­ tests, including several general strikes, which led the CNG to rescind the decree. HAITI From July onwards, many CEP members, other electoral workers and opponents of the CNG were attacked by government­ backed groups, including the officially disbanded Tonton Macoute militia which had re-emerged as an active force over the previous few months. Two prospective presidential candidates were killed in highly suspicious circumstances and many electoral workers and others re­ portedly received death threats. There were killings by gangs of armed men who were widely believed - and in some cases shown - to include members of the secur­ The year was marked by a serious escala­ ity fo rces and the militia. This culminated tion in violations of human rights. Scores in the killing in the capital of at least 30 - :g of people, including children, were de- unarmed civilians, including a fo reign '" THE AMERICAS I HAITI

us journalist, by Tonton Macoutes and secur­ Three men, allegedly members of the ity personnel as crowds queued up to vote Organisation pour la liberation d'HaW. on 29 November, the day scheduled for the Organization for the Liberation of Haiti. presidential elections. The government were arrested in February following a rob­ called off the elections and set a new date bery which resulted in the deaths of two in January 1988, but also dismissed theCEP police officers. They were reported to have and blamed it for what had occurred. been tortured in the Casernes DessaJines. Many people. including children. were Eddy MOlse was said to have been re­ arbitrarily arrested and detained. often peatedly beaten with a stick during his without access to lawyers or relatives. In first two months in custody and to have Port-au-Prince. the capital. most were held suffered perforated eardrums as a result. in the Service des Recherches CriminelJes, He and the other two were moved to the the Criminal Investigations Department of National Penitentiary in April. In Novem­ the police; in the Casernes Dessalines. a ber they went on hunger-strike for five military barracks; or in Fort Dimanche. days to protest at their treatment and the where many prisoners had been killed delay in bringing them to trial. The Minis­ during the Duvalier period, and which was try of Justice stated that their case would to be closed according to an announce­ shortly be heard and that a medical team ment by the CNC in 1986. Among those would be sent to examine them. detained were eight trade union leaders At least 23 unarmed people, including who were arrested in June after a general women and children. were reported to strike ca lled by the Centrale autonome des have been killed deliberately and many travailleurs haWens (CATII). Autonomous others wounded by security forces and Haitian Workers Federation. They were gunmen working with them during pro­ released after a week and some were re­ tests against the government in June and ported to have been badly beaten. Many July. In one incident, two young boys were young people were arrested shortly before said to have been shot dead by soldiers in the November election as suspected mem­ Port-au-Prince on 3 July. One was said to bers of local self-defence groups which have been pushed to the ground. trampled had been formed in response to the activi­ on and shot, and the other to have been ties of armed gangs. shot when he shouted in horror. In another Some detainees were reported to have incident. a 12-year-old boy. Bonet St died in prison or to have been executed Hubert. was reportedly shot by soldiers extrajudicially. A former detainee held without provocation; he later had to have briefly in the Recherches CriminelJes in one of his arms amputated. October alleged that 43 people had died in Journalists attempting to report politi­ custody there between August and Octo­ cal events and Catholic Church activists ber as a result of torture or ill-treatment or were among those singled out fo r harass­ because of malnutrition and a lack of ment, including death threats and medical attention. Later it was reported attempts on their lives. For example, Wil­ that at least 46 people were summarily son Briseau from Radio L'Arc-en-Ciel was executed at Fort Dimanche on 28 Novem­ wounded by soldiers during an anti­ ber. The victims were believed to include government demonstration on 29 July. He some of the many young people from had previously been arrested by soldiers Carrefour Feuille in the capital who had on 30 June and later abandoned in a field in

.. been detained and taken away in truck­ a state of shock. Father Jean-Bertrand Aris­ .. � loads in the days leading up to the Novem­ tide, a vociferous opponent of the CNC, and ... Cl: ber election. Other detainees were also a number of other priests and nuns. includ­ feared to have been summarily executed. ing the coordinator of Tet Ansamn. a �W Cl: By the end of the year. some of those Catholic peasant organization advocating ..... C Z arrested in the preceding months had , narrowly escaped death on 23 o apparently "disappeared" in custody. For August after what appeared to be a deliber­ z� example. there was no information about ate attempt on their lives by soldiers and Cl: w ... the fate or whereabouts of Johnny Cadet Tonton Macoutes. They were returning to � and Wilner Joseph Mills, both of whom the capital from Pont Sonde near St Marc � had been arrested in Port-au-Prince in after a memorial service for some 200 w z September by armed men in civilian members of Tet Ansamn who had been :lE c clothes and believed to be security agents. killed at Jean-Rabel on 23 July. The killings THE AMERICAS / HAITI / HONDURAS

took place during a clash between the formation to the Inter-American Commis­ 119 group and people acting on behalf of local sion on Human Rights, the United Nations landowners who were believed to include Working Group on Enforced or Involun­ Tonton Macoutes. A government inquiry tary Disappearances, the UN Special Rap­ into this incident fa iled to apportion porteurs on torture and on summary or blame for the killings. The only arrests in arbitrary executions and to the UN Expert connection with the incident were of on Haiti. members of Tet Ansamn, who were later released. Yves Volel, a lawyer and presidential candidate, was shot dead by police in plain HONDURAS clothes on 13 October. This occurred out­ side the Recherches Criminelles, where he had gone on behalf of a client, Jean Raymond Louis, who had been arrested on 11 September. Yves Volel was shot as he stood talking to journalists, with a copy of the Constitution in his hand. Despite evi­ dence to the contrary from eye-witnesses, the authorities claimed that Yves Volel was killed because he was accompanied by armed men and intended to release Jean Raymond Louis by fo rce. Jean Raymond Louis was released on 14 December and alleged that he had been beaten every day There were frequent short·term political for a week after he had sought assistance detentions and hundreds of peasants were from Yves Vole\. jailed for brief periods in connection with The death penalty was abolished for all land disputes. The torture of detainees offences under the new Constitution was frequently reported. The government adopted in March. In February and March fa iled to take steps to clarify the fate of Amnesty International had called on the more than 100 people who reportedly government to commute death sentences "disappeared" in custody between 1980 passed on Adherbal Lherisson and Serge and 1984 under previous governments. Gaston, both fo rmer officials under Jean­ On 7 August Honduras was one of five Claude Duvalier accused of perpetrating Central American states to sign the Central human rights abuses. The death sentences America Peace Agreement (see entry on were believed to have been commuted, Guatemala ). The agreement led to the and at the end of 1987 they were serving creation in October of a National Recon­ prison terms in the National Penitentiary. ciliation Commission to resolve social di­ Amnesty International repeatedly visions and study human rights issues, asked the government about individual including the release of political prison­ detainees, seeking details of the reasons ers. Twenty-nine political prisoners were for their arrest and of their whereabouts released in an amnesty declared on 26 and legal status. It urged that all those in November. Fifteen of them were peasant custody should be safeguarded against tor­ fa rmers who had been detained in connec­ ture or ill-treatment. On several occasions tion with land disputes and accused of ,. I: Amnesty International expressed concern terrorist offences. The other 14 were trade z ,., about reports of extrajudicial executions unionists who had been detained during a VI � and called fo r impartial investigations into strike in November, shortly before the Z ... such incidents. Amnesty International amnesty, and accused of subversion. m '" continued to press fo r an investigation into Marco Danilo Guardado Najera, a Z ,. peasant leader and prisoner of conscience, ... the "disappearance" in detention of two o z detainees - Chariot Jacquelin (see Amnes­ was released in June after acquittal by an ,. ... ty International Report 1987) and Vladi­ appeals court. He had been held for 10 '" mir David - in 1986, and of nine others in months at Trujillo, department of Col6n, m C!:'" the early 1980s. However, no action was apparently because of his activities as a ... taken by the authorities. leader of a fa rming . He had Amnesty International submitted in- been charged, however, with sedition and THE AMERICAS I HONDURAS

120 disturbing the peace (see Amnesty Inter­ expelled him from the country on 9 July national Report 19B7). for possessing "subversive literature", Ezra Honam Roiz Andino was detained apparently a published study of the at Tegucigalpa airport in July and may Jesuits. have been a prisoner of conscience. He had Four men were detained in August in sought asylum abroad in 1982, after leav­ Comayagua and accused of placing a bomb ing Honduras with fa lse documentation, in the town. The bomb had exploded in a and returned openly in July in an attempt restaurant on 8 August, slightly injuring to regularize his situation. However, he several people, including United States was arrested on arrival from Nicaragua and servicemen from the nearby military base held in unacknowledged detention for of Palmerola. Those arrested included more than two weeks by the Direcci6n Alex Fernando Castro Martfnez, a student Nacional de Investigaciones (DN!), the who was held incommunicado for eight plain clothes investigative division of the days. The authorities denied that he had police force. He was later charged with been detained and ignored habeas corpus falsification of documents and imper­ writs issued on his behalf. However, on 27 sonation. Although he was named in the August he appeared at a press conference November amnesty, his release was still organized by the DNI and admitted parti­ pending at the end of 1987. It appeared cipation in the bombing. He also named that he may have been imprisoned on Jorge Arturo Reina as the person who account of the activities of his mother, a planned the bombing and supplied the prominent trade unionist and opponent of bomb. Jorge Arturo Reina is a fo rmer rector the government. of the National Autonomous University of Many trade unionists, students and Honduras and leader of the M-LIDER move­ members of civil associations were de­ ment, Movimiento Liberal Democratico tained incommunicado for several days, Revo/ucionario, a social democratic apparently as a fo rm of harassment. These grouping within the ruling Liberal Party. detentions breached the constitutional re­ At the time, he was the M-LlDER's candidate Quirement that no one may be held for for the presidency of the Liberal Party's more than 24 hours before being brought Central Executive Committee. Two other before a judicial authority. leading local members of M-LIDER were also One such case was that of Rosa Dilia detained: Mariano Lagos Donaire, a Rivera, a worker with the women's organ­ lawyer, and Rafael Flores, a retired school­ ization Comite para el DesarrolIo Integral teacher. Immediately after the press con­ de la Mujer Campesina (CODlMCA), Com­ ference, Alex Castro was brought before a mittee for the Complete Development of court, where he retracted his earlier state­ Peasant Women, and with the Comite ments and said they had been made under Coordinador de Organizaciones Popu­ pressure. All four prisoners were released lares (eeop), Coordinating Committee of by the court a week later, with all charges Popular Organizations, in the department against them dropped. of Copan. She was detained in May in her Hundreds of peasants were reportedly home in the village of San Jose de las detained for short periods during the year Palmas by members of the Seventh Infan­ after they occupied land to fo rce imple­ try Battalion. They Questioned her fo r mentation of land redistribution legisla­ three days about her political activities, tion. In some cases they were held on

GO then released her without charge. She had charges under anti-terrorist legislation GO � previously been detained on several other and faced penalties of up to 20 years' ti: occasions for brief periods. imprisonment. Most of them, however, � Alien Palacios, a young Jesuit seminar­ were released due to lack of evidence after '" 00: ian of Belizean nationality, was reportedly a few weeks' or months' imprisonment. -' C Z detained incommunicado fo r several days Others benefited from the 26 November o and then summarily expelled from Hon­ amnesty for political prisoners. Z� duras. He was arrested on 3 July at a Torture continued to be reported dur­ 00: '" military checkpoint in Col6n department ing the year. Methods included beatings, ! and transferred to the custody of the Fuer­ placing of rubber hoods over victims' � za de Seguridad Publica (FSP), the Hon­ heads and tightening them around the '" z duran national police. The authorities neck, hanging by the wrists or feet, and :E c denied that he was in custody but then electric shocks. Psychological pressures THE AMERICAS / HONDURAS

and threats, including mock executions, for many "disappearances" which took 121 were also reported. place between 1980 and 1984. Florencio Doris Rosibel Benavides Tarrius, a Caballero, a former interrogator for a spe- psychologist, was reportedly detained by cial military intelligence unit known as DNI agents in March on suspicion of having Battalion 3-16, left the country and made links with the guerrilla group Fuerzas public information about the work of this Populares Revolucionarias "Lorenzo unit. He said it had been established in the Zelaya" (FPR), "Lorenzo Zelaya" Popular late 1970s and operated under the direc- Revolutionary Forces. According to her tion of military officers who were directly testimony after release, she was held for responsible to the head of the Honduran 19 days, first in the DNI headquarters in armed fo rces. The unit, he said, carried out San Pedro Sula and then in the First the kidnapping, torture and execution of Battalion in Zambrano, depart­ more than 100 people during the early ment of Francisco Morazan. She alleged 1980s. Most of the victims "disappeared" that she had been beaten and kicked, tor­ in custody and had not been accounted for tured with electric shocks, hung by the by the authorities. limbs from a metal bar and raped. She was Florencio Caballero said that one of released in April on a street close to the those abducted and killed by Battalion Mexican Embassy in Tegucigalpa, the 3-16 wasManf redo Velasquez Rodriguez, a capital city, and told that if she did not student of economics at the Universidod enter the Mexican Embassy quickly, she Aut6noma de Honduras, Autonomous would be killed. She subsequently went University of Honduras, and leader of the into exile. The governmentdenied that she students' association in the economics had ever been arrested. fa culty. He had been seized in the centre of Allegations of torture also fo llowed the Tegucigalpa in September 1981 by six arrest of 14 peasants in early October in the armed men in civilian clothes who beat department of Yoro. They were allegedly him and fo rced him into their vehicle. His questioned about offences including bank fa mily made repeated attempts to learn his robbery, attempted kidnapping and mur­ whereabouts, but without success. The der, and their suspected membership of case was one of fo ur heard during the year the FPR. All of them were members of the by the Inter-American Court of Human Central Nacional de Trabajadores del Rights of the Organization of American Compo (CNTC), National Confederation of States in San Jose, Costa Rica. The cases of Rural Workers. Nine were released on bail two Costa Ricans and another Honduran soon after their arrest and medical evi­ who reportedly "disappeared" in custody dence appeared to corroborate their claims in Honduras were also heard. In October of torture. Margarita Murillo, women's relatives of the "disappeared" prisoners affa irs secretary of the CNTC and a pastoral and representatives of Honduran human agent with the diocese of Santa Rosa de rights organizations testified before the Copan, was among those detained. She court, which was expected to pass judg­ alleged that she had been raped, that a ment on the government's culpability in hood had been tightened over her head 1988. repeatedly and that hot needles had been Amnesty International missions visited inserted in her body. After her release, she Honduras in January and September. Dur- reportedly required hospital treatment for ing the first mission, meetings were held injuries sustained in detention. Carlos with a wide range of non-governmental Martinez Ramirez alleged after release that sources. Amnesty International submitted he had been hung by the feet, beaten and a memorandum to the government in July, tortured with electric shocks for three days drawing attention to the practice of short­ z before he had "confessed" to the accusa­ term detention without due process, ... m ,. tions against him in order to avoid further allegations of torture and continuing con­ Z ill-treatment. All 14 CNTC members, who cern about unclarified "disappearances". �o z denied involvement in subversive activ­ During the second mission, Amnesty Inter­ :. ities and said that their detention was due national's delegates met government offi­ ... to conflict over land claims, benefited from cials, including representatives of the � � the November amnesty. Ministries of Foreign Affairs and the In- � New evidence emerged during the year terior and Justice, the Supreme Court of :;; that the armed forces had been responsible Justice, the Attorney General, and mem- : THE AMERICAS / HONDURAS / JAMAICA

122 bers of the Joint Chiefs of Staff of the armed towards the abolition of the death penalty forces. "as part of a comprehensive system of Amnesty International frequently penal reform which should commence issued urgent appeals during the year in without delay". cases of concern about torture during pro­ In June Amnesty International wrote to longed unacknowledged incommunicado the Minister of Justice and to all Members detention. of Parliament welcoming the govern­ ment's decision to make the Fraser Com­ mittee's report public and urging a par­ liamentary debate on abolition ofthe death JAMAICA penalty. Amnesty International also appealed to the government to suspend all executions pending a full parliamentary discussion of the report and its findings. However, there was no such discussion and in November executions resumed after a nine-month break. Amnesty International urged the gov­ ernment to grant clemency to all prisoners scheduled to be executed during the year. They included Earl Pratt and Ivan Morgan, who were due to hang on 24 February. They received stays of execution after the Six prisoners were executed during the Human Rights Committee, established year and about 170 were under sentence under the International Covenant on Civil of death, one of the largest death row and Political Rights, appealed for them not populations per capita in the world. A to be executed while the Committee con­ total of 57 prisoners have been executed sidered a communication on their behalf. since 1980, which marked the end of a The two prisoners, who were sentenced to fo ur-year de fa cto suspension of execu­ death in January 1979, claimed that the tions in Jamaica. delays in the judicial proceedings in their In March the government put before the cases violated the International Covenant Senate the report of the Fraser Committee on Civil and Political Rights, to which on Capital Punishment and Penal Reform. Jamaica is a party. The Committee was still The Committee had been appointed in considering the cases at the end of 1987. 1979 to consider if the death penalty was In July 1987 the Inter-American Com­ an appropriate punishment for murder, mission on Human Rights also appealed to and its report was originally submitted in the Jamaican Government to commute the 1981. However, it was not made public by death sentences on Earl Prat! and Ivan the government until 1987 when it was put Morgan, on humanitarian grounds. The bef

Catherine's District Prison on two separate At least 23 prisoners of conscience or 123 occasions in October and November 1986 possible prisoners of conscience remained and to urge official action to ensure that in prison throughout the year. They had prisoners were not subjected to cruel, in­ been arrested between 1982 and 1986; human or degrading treatment. No reply some were still undergoing trial and others had been received to Amnesty Inter­ had been sentenced to prison terms rang­ national's letter by the end of the year. ing from 10 to 32 years for offences includ­ ing robbery, wounding and murder. However, it appeared that these charges had been brought against them for political MEXICO reasons on account of their peacefu l activ­ ities as peasant or community leaders. Arbitrary detentions of peasants during land disputes continued to be reported. In one case 28 peasants were brieflydetained in Tapachula, state ofChiapas, on 24 Octo­ ber following the eviction of their com­ munity from land to which they claimed to have legal title. They were all reported to have been beaten at the time of their arrest by state judicial police. Z6simo Hernandez Ramirez was re­ leased from prison on 26 October, after being held fo r more than two years on charges including murder (see Amnesty There were renewed reports of arbitrary International Report 1987). He had been detentions and killings of members of sentenced to 18 years' imprisonment but peasant and Indian organizations, often the sentence was quashed by the Veracruz in the context of land disputes. Many State Appeals Court. Amnesty Inter­ killings were attributed to civilian gun­ national had been investigating his case in men linked to private landowners, but the belief that his detention and prosecu­ appeared to be carried out with the ac­ tion may have resulted solely from his quiescence of the authorities. Reports of legal and non-violent activities. torture and ill-treatment of prisoners also On 22 March 17 prisoners, including continued, despite the introduction of eight possible prisoners of conscience, fe deral legislation in 1986 prohibiting were removed from San Luis PotoS! prison torture. Several prisoners of conscience and transferred to an unused prison in or possible prisoners of conscience re­ Matehuala, approximately 150 kilometres mained in prison. to the north. This fo llowed a violent inci­ Carlos Salinas de Gortari, the Minister dent in which a group of prisoners were for Planning and Federal Budget, was apparently allowed to leave their cells named by the current President, Miguel de during the night in order to attack the la Madrid Hurtado, as presidential candi­ political prisoners, some of whom had date of the ruling party, the Partido Re­ organized peaceful meetings to protest valucionario Institucional (PR!), Institu­ about prison conditions. The 17 were re­ tional Revolutionary Party, in elections to turned to San Luis Potosi prison on 16 > 11: be held in July 1988. The PRI had won all April but held incommunicado for another z "' national elections since its fo undation in week. Some were reported to have been � 1929. severely beaten and at least one, political -< z The state government of Oaxaca set up prisoner Francisco Urbina, had severe in­ ...."' '" an Indian legal rights office (Procuroduria juries. Some were reportedly beaten again z del Indigena) with special powers to assist after their return to San Luis Potosi. One of o� z imprisoned Indians and speed up their the 17, Hilario SaldaiiaGonzalez, a crimi­ > ,.. release in cases where their imprisonment nal prisoner, was fo und dead in his cell on '" related to socio-economic or cultural prob­ "' 19 April, having apparently hanged him­ � lems. By the end ofthe year no information self. Eight days later another criminal pris­ � was available as to the functioning of this oner, Alfonso Castillo Jimenez, who had :;; body. not been among those transferred, was : THE AMERICAS / MEXICO

124 reported to have died after he too attempt­ authorities maintained that there were no ed to hang himself in his cell. charges against him and that he was re­ These incidents were the subject of a leased on 27 February. Other sources, special parliamentary investigation, fo l­ however, suggested that he had been trans­ lowing which the director of the prison ferred to Mexico City. resigned. The state governor took ex­ Other cases of prisoners who "dis­ tended leave and by the end of 1987 ten­ appeared" under previous governments, sions within the prison appeared to have notably during the 1970s. remained unre­ eased. solved. No fu rther investigations were There were new reports of torture and conducted into these cases, despite con­ ill-treatment of people detained by police temporary reports and testimonies that on criminal charges. A typical case was they had been detained. Explanations of that of Juan Jose de la Cruz, who was their fate given by previous governments detained by state judicial police on 6 May had still not been substantiated by in La Ventana, state of Sonora. Following documentary evidence, such as death cer­ his release without charge two days later, tificates. At the end of 1987. Amnesty he said that he had been thrown face down International was working on 52 cases of and severely beaten with his hands and people who "disappeared" between 1972 feet tied and had carbonated water fo rced and 1983. up his nose. The accusation against him In June the government ratified the appeared to be stealing cattle, but he stated Inter-American Convention to Prevent and that he believed the real reason for the Punish Torture. incident was a land dispute. On release he Amnesty International continued to spent three days in hospital undergoing communicate with the Mexican Govern­ treatment. ment by letter and through visits to its Dozens of killings were reported in International Secretariat from government rural areas, many of which were believed representatives. Further correspondence to have been carried out by armed civilian was exchanged on cases raised in previous bands acting with the acquiescence of years in the states of Chiapas, Oaxaca and local authorities. In November, for exam­ Puebla (see Amnesty International Report ple, a peasant farmer. Heliodoro Cordero, 1987) and on new cases raised by Amnesty was reportedly killed by gunmen linked to International during 1987. Although the local landowners in Ilamatlan. Veracruz. government responded with legal informa­ The Frente Democr6tico Oriental de Mex­ tion on many cases, it did not fu lly address ico Emiliano Zapata (FDOMEZ). a regional Amnesty International's concerns. One peasant organization, said that he was the such case was that of seven prisoners 15th member of the organization to have Amnesty International believed to be pris­ been killed in similar circumstances since oners of conscience who had been singled the year began. Reports of other such out and subjected to criminal prosecution killings were received from the states of as a result of their activities as peasant Chiapas. Oaxaca, Hidalgo and Guerrero. leaders in the state of Chiapas. They had Alejandro Cruz Martinez. a poet and been detained in May 1986 and accused of activist with the left-wing grass-roots incitement to violence (see Amnesty Inter­ organization the CoaJici6n Obrero Campe­ national Report 1987). There were re­ sina Estudiantil del Istmo (COCEI) in the ported to have been irregularities in their

GO state of Oaxaca. was killed by gunmen on trials and statements obtained under GO 2: 24 September. duress were said to have been used as � There were fears fo r the safety ofGabriel evidence. The government did not com­ o CL Fernando Valles Martinez, who "dis­ ment on these aspects of the case. ... '" appeared" after being detained in the state In January Amnesty International wrote .J C Z of Du rango on 26 February. At the time, he to the Minister of Defence after receiving o was commander of the state judicial police reports that people held in army custody in z� in the town of Santiago Papasquiaro. He 1986 in the states of I1idalgo and Sinaloa '" ... was reportedly commissioned by the state had been tortured and ill-treated. The gov­ ! Attorney General. who is responsible for ernment replied in May, questioning the � the state judicial police. to undertake a credibility of Amnesty International's ::lz confidential investigation; when he de­ sources and contending that the allega­ lE c livered the result. he was detained. The tions were fa lse since the alleged victims THE AMERICAS / MEXICO / NICARAGUA

had been charged with drug-trafficking. In States Government. the contras. The con­ 125 August Amnesty International expressed flict affected extensive areas of the coun­ its dissatisfaction with this response. in try. in particular the departments of particular the implication that the govern­ Jinotega. Matagalpa. Boaco. Chontales and ment's assessment of the good fa ith of the Zelaya. Civilians living and working in source took precedence over the con­ government-controlled and -defended sistency of the allegations. and that reports farming cooperatives were frequent targets of torture of people detained for drug­ of contra attacks. Despite us Government related offences were not worthy of serious fu nding of a human rights program to consideration. Amnesty International instill respect fo r human rights and in­ again urged a thorough investigation. vestigate reports of abuses by the contras. new reports were received in 1987 of the ki lling of civilians by these fo rces in cir­ cumstances suggesting they had been sum­ NICARAGUA marily executed. A new Constitution was adopted by the National Assembly on 9 January. which included articles upholding freedom of conscience. freedom of the press and free­ dom from arbitrary arrest. protecting the right to due process and prohibiting tor­ ture and ill-treatment. However. on the same day President Daniel Ortega sus­ pended many of these rights by extending for a further year the state of emergency which had been in fo rce with some inter­ ruptions since 1982. Rights suspended included freedom of the press. the right to Several thousand political prisoners, in­ strike. the right to hold outdoor public cluding several believed to be prisoners of meetings and the right to habeas corpus in conscience, remained in custody at the cases involving national security. end of 1987. They included fo rmer On 7 August Nicaragua. along with four National Guards convicted of crimes com­ other Central American states, signed the mitted under the previous government Central America Peace Agreement. (See and people imprisoned for collaborating entry on Guatemala.) In accordance with with armed opposition fo rces. The major­ this agreement. on 25 August the govern­ ity had been sentenced by special tribu­ ment announced the formation of a nation­ nals whose composition and summary al reconciliation commission. including procedures fa iled to meet international representatives ofthe Catholic Church and standards of fairness and impartiality. political opposition parties. and permitted However, 985 political prisoners were a major opposition newspaper. La Prensa. released in November under a govern­ to reopen. It also relaxed restrictions on ment pardon. Detainees reported having outdoor meetings. On 22 November the been held for long periods in conditions government pardoned and released 985 which appeared to constitute cruel, inhu­ political prisoners. It also prepared de­ man or degrading treatment, and some crees to liftthe state of emergency and to alleged that they had been tortured. There amnesty the remaining prisoners held were also reports of extrajudicial execu­ under the Public Order Law. Neither mea­ tions committed by government fo rces, sure had been enacted by the end of 1987. particularly in rural areas affected by According to government figures. 3.434 armed conflict. In most cases it was im­ people charged with or convicted of possible to verify independently what had politically-motivated offences were held occurred or attribute responsibility for at the end of 1987. Of these. 924 were said specific acts. to have been sentenced since 1981 under The government continued throughout the Public Order Law. This defines of­ the year to face armed opposition from fe nces related to national security. ranging irregular military fo rces receiving military from political violence to the exercise of assistance and training from the United freedom of expression. Many were re- THE AMERICAS I NICARAGUA

126 ported to have been convicted of collabor­ State Department. Part of the evidence ating with armed opposition groups, and a produced against Mario Baldiz6n Aviles at fu rther 656 were said to be awaiting trial his trial was a "confession" which he made on similar charges at the end of 1987. Most in pre-trial custody, but which he said he of those imprisoned under the Public had not been allowed to read. Order Law were tried by special lay tribun­ Former detainees arrested in previous als known as Tribunales Populares Anti­ years reported that they had been kept Somocistas (TPAS), whose composition alone for long periods in cramped cells, and proceedings fa iled to provide guaran­ without light, adequate ventilation or tees of a fa ir and impartial trial. Some of food, and had been threatened and forced these prisoners may have been prisoners to sign incriminating extrajudicial confes­ of conscience. sions. For example, Tomas Bland6n Her­ Almost all the remaining prisoners, nandez, who was released in November, more than 1,800 in all, were said by the said that he had been held fo r five days in a government to have been convicted of dark cell too small for him to sit or stand up crimes committed under the previous gov­ in at Rio Blanco, Matagalpa, after his arrest ernment of Anastasio Somoza Debayle in January 1986. He had then been trans­ when they were serving as members of the ferred to the DGSE detention facility known National Guard. Most were convicted by as Las Tejas in Matagalpa, where he was special courts whose summary procedures held fo r three months. He said he had been impeded their right to a fa ir trial. Some 200 beaten, violently threatened and made to of these prisoners were among the 985 sign blank sheets of paper, which were released in November, but there was no later filled in and submitted as his "confes­ general legal review of their cases. sion" when he was brought to trial. He Hundreds of peasants in rural areas denied in court that he had made the affected by the armed conflict were de­ statement, but was convicted in September tained during the year by the Direcci6n 1986 for assisting the contras and sen­ General de Seguridad del Estado (OGSE), tenced to five years' imprisonment. the state security police. Many were held In a similar case, Maria Auxiliadora fo r months without access to legal counsel Rivas Urbina, a mother of five, was serving or being brought to court. Some were a seven-year prison term imposed by the released uncharged, but others were tried TPA despite her telling the court that she by TPAs as alleged supporters of armed could neither read nor write and had been opposition groups and sentenced to prison "helped" while in DGSE custody to sign a terms of up to 30 years. A number appeared confession, the contents of which she de­ to have been convicted largely on the basis nied. A DGSEof ficer summoned by the TPA of contested "confessions" made in pre­ to answer her allegation did not appear. trial detention; in some cases detainees The most common complaints by fo r­ were said to have been fo rced to sign or put mer detainees were that they had been their fingerprints to statements whose con­ held alone for days or weeks in OGSE cells tents were not disclosed to them. known as Chiquitas (the tiny ones), in One prisoner of conscience held which they could neither easily sit nor throughout 1987 was Mario Baldiz6n Avi­ stand and which lacked adequate light or les, a government employee who was sen­ ventilation, and that they had been de­ tenced by a military appeals court in 1986 prived of food for long periods. Few de­

... to 10 years' imprisonment for treason. He tainees alleged that they had been tor­ ... � had been accused of helping his brother, tured, although some said they had been ... beaten and subjected to mock executions '" Alvaro Baldiz6n Aviles, a former em­ ployee of the Interior Ministry, to leave and that threats had been made against ...� '" Nicaragua and seek asylum in the USA in them or their families. One former de­ .... c z 1985. Amnesty International believed that tainee said that he had been kicked and o he was actually imprisoned because of his tortured with electric shocks to his arms, z� fa mily relationship with his brother. When and that a pistol barrel was thrust into his '" ...... he arrived in the USA, Alvaro Baldiz6n mouth as part of a mock execution in � Aviles had publicly alleged that the March 1986 at Las Tejas detention centre

III� Nicaraguan Government had committed in Matagalpa. He said he was also held fo r ... z systematic human rights violations. His five days without food or water in a totally 2 c allegations were later published by the US dark cell which was too small to sit down THE AMERICAS I NICARAGUA

in and intensely hot. He alleged that other concerns and later that month a mission 127 detainees had also been tortured. visited Nicaragua. The delegates met the New evidence also came to light about Minister of the Interior, the Vice-Minister possible extrajudicial executions and "dis­ of Justice, the General Prosecutor of the appearances" in previous years. In one Sandinista Armed Forces, the director of case Nicaraguan refugees in Costa Rica the National Prison System, judges of the alleged that 15 civilians had been killed by Supreme Court, the TPAsand the Managua government fo rces in June 1985 in the appeals court, and a wide range of non­ mountainous region of Boca Tapada, near governmental sources. The delegates were the Punta Gorda river in southern Zelaya. given unrestricted access to trial dossiers, The victims were said to have been de­ and interviewed several prisoners serving tained by government troops engaged in sentences in the Centro de Readaptaci6n operations against the Alianza Revolu­ lorge Navarro (Tipitapa prison). At the cionaria Democr6tica (ARDE). a contra invitation of the government, they also organization then based in Costa Rica. visited detention cells in El Chipote, the Neighbours who said they had helped to DCSE headquarters in Managua, to which bury the bodies of some of the victims representatives of international human described fi nding them, mutilated with rights and humanitarian organizations had bullet and knife wounds, the day after the not previously been admitted. detentions. In 1987 Amnesty International In July Amnesty International pub­ raised these allegations with the office lished an exchange of correspondence responsible for investigating and prosecut­ with the us Assistant Secretary of State for ing crimes by military personnel, but was Inter-American Affairs, Elliott Abrams, told that it had no information on the concerning human rights abuses by the incidents in question. However, in another contras. Amnesty International had writ­ case, it was learned in 1987 that seven ten in October 1986 to the us Secretary of members of the DGSE and the Ministry of State, George Shultz, expressing concern the Interior Special Forces had been sen­ that the issuing to contra fo rces of a Central tenced to 30 years' imprisonment by a Intelligence Agency training manual in military court for the murder of three 1983 had encouraged human rights people who had been abducted by DGSE abuses, including extrajudicial execu­ personnel and secretly executed as sus­ tions. The letter also raised several cases of pected contra collaborators. The three had killings by contra forces (see Amnesty been abducted from their homes in July International Report 1987). In February 1983 in San Miguelito, department of Rio Elliott Abrams replied that the manual in San Juan, and their mutilated bodies were question had been withdrawn and that the discovered nearby a few days later. In­ State Department was sceptical about the formation was also made available to accuracy of reports of human rights abuses Amnesty International in 1987 on the re­ by the contras. He undertook to pass on the sults of official investigations into the cases Amnesty International had raised to alleged extrajudicial execution of Pedro the Asociaci6n Nicaragiiense Pro­ Sequeira Ramirez and five members of his Derechos Humanos (ANPDH), Nicaraguan fa mily, including a five-year-old child, Association for Human Rights, a body near San Miguelito in October 1985 and financed by the us Government which June 1986. Military authorities claimed liaises directly with the contra military

that Pedro Sequeira had been shot dead command. Amnesty International's find­ ,. I: after he had killed a soldier attempting to ings on the cases in question were corrobo­ z ,., arrest him, but the circumstances in which rated in a detailed report released by the '" other members of his fa mily were killed ANPDII in July. Despite human rights train­ � z were not explained. Another member of ing and monitoring initiatives by this ... ,., '" the same fa mily, Tito Atiliano Ramirez body, Amnesty International continued to z Sequeira, was said by relatives to have receive reports of extrajudicial killings by �o z "disappeared" after being detained in contra forces in 1987. ,. April 1986. New reports of extrajudicial r- '" executions were received in 1987, but ,., � could not be verified by the end of the year. == ... In November Amnesty International IQ OD wrote to the government presenting its OD THE AMERICAS / PANAMA

128 ber of his relatives and supporters were detained on 27 July, after the security PANAMA forces assaulted his home with sub­ machine guns and tear gas while military helicopters hovered overhead. According to reports of eye-witnesses, several bodies were subsequently removed from the house but the authorities did not disclose the names or number of those who were apparently killed. After his arrest, Colonel Oiaz Herrera was reportedly held in solitary confine­ ment and denied access to legal counsel to force modification of his original accusa­ tions, including those regarding Or Spada­ Beginning in June, successive waves of fora's murder. In late December he and a arrests led to the short-term detention of number of his supporters were convicted hundreds of demonstrators peacefully of "crimes against the internal security of protesting against senior military offi­ the state". Colonel Oiaz Herrera was then cials' alleged human rights violations and expelled into exile abroad. other illegal practices. Police and security Several other opposition leaders were fo rces reportedly used excessive force reportedly subjected to death threats or against demonstrators, resulting in at attacks on their homes or businesses, and least one apparent extrajudicial execu­ some of them left the country. Others were tion, and hundreds of injuries. Those arrested with hundreds of their supporters arrested were held in harsh conditions. after fu rther large-scale demonstrations in Some were reportedly tortured or iII­ July, August and October. In some cases, treated. A disturbing development was those detained, including children, the emergence of clandestine paramili­ alleged that white handkerchiefs, which tary groups apparently linked to the gov­ had become the symbol of support fo r the ernment. They were said to have been opposition, were "planted" on them by the responsible for violent attacks on a num­ military or police to justify their arrest. ber of government opponents and for Others were reportedly arrested without extrajudicial executions. warrant for selling opposition literature or The protests agai nst the government participating in protest vigils. were sparked off by public accusations of Many of those detained alleged that Colonel Roberto Oiaz Herrera, fo rmerly the they were beaten immediately after arrest second-in-command of the Armed Forces, and that once transferred to Modelo Prison that Brigadier General Manuel Noriega, in Panama City, they were stri pped oftheir the Commander-in-Chief, had been in­ clothing and beaten with sticks, fists, rifle volved in illegal activities including the butts and rubber hoses by squads of murder of Or Hugo Spadafora. Or Spada­ guards. They also stated that they were fora , a former Vice Minister of Health, had deprived of food and water for several days been fo und decapitated just over the bor­ and held in severely overcrowded and der in Costa Rica on 14 September 1985, insanitary cells, as well as threatened with

.. the day after he was reportedly detained by "disappearance" if they told anyone of the .. � the Panamanian military. Shortly before conditions at Modelo Prison. Some of his detention, he had publicly accused top those held also complained that they were military officials of corruption and in­ denied access to legal counsel. Some volvement in drug-trafficking. Those re­ lawyers who went to Modelo Prison to sponsible for Or Spadafora's murder have inquire about their clients were also re­ never been identified. portedly subjected to short-term arrest. In response to the protests, the govern­ In July President Eric Oelvalle wrote to ment declared a state of emergency in June. General Noriega, asking fo r an investiga­ Emergency provisions were lifted at the tion into allegations of torture and sub­

'"� end of the month and more than 100 standard conditions at Modelo Prison. ... z people arrested under the provisions were General Noriega asked Attorney General :11 c released. Colonel Oiaz Herrera and a num- Carlos Augusto Villalaz, a presidential THE AMERICAS I PANAMA I PARAGUAY

appointee, to conduct the inquiry. On 21 organization urged that those held be pro- 129 July General Noriega stated in a letter to tected from ill-treatment, that they be per­ President Delvalle that in general, those mitted access to fa mily and lawyers, and arrested in the July demonstrations had that they be released unless charged with a been held under "acceptable" conditions criminal offence and tried. Amnesty Inter­ and had been allowed food and legal national also expressed its concern about advice. However, prominent church fig­ reports that opposition leaders had re­ ures expressed concern that the inquiry ceived death threats and that detained had been conducted by government demonstrators might have died in custody. appointees. In December Amnesty International Other demonstrators were injured and sent a memorandum to President Delvalle, at least one was extrajudicially executed, recommending several measures to pre­ according to reports, during excessive use vent further violations of human rights. of force by the security forces. By August The recommendations included appoint­ Panamanian doctors who had treated the ment of an independent investigator to wounded estimated that more than 1,000 examine all arrest records and inspect all people had suffe red "significant" injuries, detention centres fo r the purpose of ensur­ the majority of them caused by beatings or ing that all political detainees had been shootings by riot police. The 'one con­ accounted for. The organization also re­ firmed death resulting from security fo rce commended that security fo rces be issued action occurred in July when, according to with clear instructions to refrain from use eye-witnesses, Eduardo Enrique Carrera of excessive force and to observe the re­ was shot and killed by police after he quirements of the United Nations Code of shouted an anti-government slogan. Conduct fo r Law Enforcement Officials During other demonstrations, protes­ when seeking to maintain public order. tors were reportedly attacked by armed men in plain clothes who were believed to be acting on behalf ofthe authorities. Some of these attacks took place in fu ll view of PARAGUAY police and military forces, who either took no action or assisted the assailants. For example, in September one person was killed and some 10 others were reportedly wounded when unidentified men opened fire on demonstrators marking the anniversary of Dr Spadafora's killing. According to witnesses, the armed men had waited for several hours for the rally to begin, openly displaying their weapons. Military personnel who were present in a patrol car left shortly before the shootings began and returned one hour later. Witnesses to attacks on demonstrators by armed groups have reportedly identi­ fied police or military personnel, as well as prominent members of the ruling party, among the assailants. Moreover, since no The state of siege which had been in force investigations into their illegal acts were almost continuously since General Alfre- known to have been carried out by the do Stroessner became President in 1954 authorities, their activities may have been was lifted on 8 April. Five prisoners of � officially condoned. conscience charged under anti- � In August the government ratified the subversive legislation were held for up to � six months before being released. More j United Nations Convention against :. Torture. than 200 other opposition activists were ; Amnesty International expressed con­ arrested for demonstrating against the � cern to the government about the large government, although most were released � number of arrests which began in June and uncharged after short periods. In Decem­ :0GO continued in the fo llowing months. The ber a long-term prisoner of conscience, OD THE AMERICAS / PARAGUAY

130 Captain Modesto Napoleon Ortigoza, was the opposition Partido Liberal Radical released after serving a 25-year prison Autentico (PLRA), Authentic Radical sentence. There were also reports of Liberal Party. The former was held for four attacks by paramilitary groups on oppo­ months and then freed on bail in February nents of the government, which were 1987; the latter was arrested in August apparently condoned by the authorities. and freed on ba il in December. The lifting of the state of siege which Two other lawyers, Miriam and Eduar­ had been in force for most of President do Morales, were detained in November by Stroessner's 33 years in office was fol­ police in Puerto Stroessner and held in lowed by a campaign for democratic re­ incommunicado detention for two days. form launched by opposition parties, most Miriam Morales was then released but her of which were not legally recognized. Pub­ husband remained in custody and was lic demonstrations were frequent, and charged with "inciting disobedience" hundreds of participants were arrested. In under Law 209. Eduardo Morales was ac­ September, as opposition to President tive in human rights work and had repre­ Stroessner's candidacy for re-election sented peasants involved in land disputes. grew, reports emerged of attacks on Shortly before his arrest he had acted on opposition meetings by groups of civilians behalf of vendors in Puerto Stroessner assisted by police. whose licences had been abruptly revoked In December a prisoner of conscience, by the municipal authorities. Captain Modesto Napole6n Ortigoza, was Other arrests occurred in the context of released after completing a 25-year sen­ a campaign fo r democratic reform by the tence, much of which was spent in solitary Febrerista Party and other opposition par­ confinement in a high security prison. ties. They held public meetings and rallies Captain Ortigoza, who had been tortured and hundreds of opposition activists, after his arrest, was tried by a military trade unionists, peasant leaders, students court under procedures fa iling to conform and other participants were arrested. Most to international standards. He was origi­ were released without charge after a short nally sentenced to death, later commuted period. Domingo Laino, a PLRA leader who to 25 years' imprisonment. Captain Ortigo­ had returned from exile in April, had been za was kept in a solitary cell and denied arrested eight times by the end of 1987. access to a lawyer until a few weeks before The legal basis for these arrests was not his release. The only visits permitted were clear in view of the lifting of the state of from his immediate fa mily. On his release siege. Captain Ortigoza was not freed uncon­ A disturbing new development ditionally but restricted to a small town in emerged in September when a series of the interior of Paraguay. attacks began on people known to oppose Five prisoners of conscience were held President Stroessner's re-election. These for up to six months under the provisions were carried out by paramilitary groups, of Law 209 of the penal code, which allegedly formed by members of the ruling prohibits a wide range of activities from Colorado party. In one incident on 11 selling pamphlets to holding meetings if November, fo ur PLRA leaders were attack­ the authorities regard them as being in­ ed at Caacupe by a group of 30 to 40 armed spired by . It also prescribes men while travelling to a meeting. They penalties fo r advocating "hatred or de­ were beaten by their attackers, who were struction of the social classes". Although armed with guns, iron bars, sticks and 1: � prosecutions under Law 209 are often in­ whips and who were alleged to have been :;: itiated against political opponents of the directed by a Ministry of the Interior off�­ government, they rarely result in a formal cial. The armed group was said to be �... '" trial or conviction. Among those held in composed of police from La Cordillera and c.... z pre-trial detention under Law 209 in 1987 supporters of the President. No one was o were peaceful opponents of the govern­ reported to have been arrested in connec­ z� ment, such as the peasant trade union tion with this attack by the end of 1987. '" leader Marcelino Coraz6n Medina, who Peasants involved in land disputes � was detained in February and released in were subject to arbitrary arrest, beatings >­ III... May. Similarly held were two lawyers, and other ill-treatment by the police or Z... Miguel Abd6n Saguier and his brother, army. In the Alto Parana department, all � C Hermes Rafael Saguier, both members of access to the Tavapy 11 peasant settlement, THE AMERICAS / PARAGUAY / PERU

which had been peacefully occupied since and accused of stealing a bicycle. He was 131 1983, was cut off at the end of 1986 when released after a month in custody, when police and army personnel placed a cor­ marks oftorture were said still to be visible don around it. The law requires that a on his body. He was admitted to hospital landowner must obtain a court order in but died on 23 January. The official cause order to evict peasants from a peaceful of death was given as septicaemia, but it occupation and such eviction orders are was noted that the boy's spleen was swol­ not difficult to obtain. However, no judi­ len and that there were bruises on his body cial expulsion order was obtained. Never­ and particularly the soles of his feet. theless, between February and May a num­ However, no investigation was known to ber of peasants from Tavapy 11 were arbi­ have been carried out and no one prose­ trarily detained by the police and army and cuted in connection with his death. allegedly beaten and threatened with sum­ There were also reports that prisoners mary execution. On 10 May a group of were kept permanently chained in bar doctors and nurses from Asunci6n were fe tters at the Third Police Station in Asun­ arrested after they had gone to offer medi­ ci6n and denied exercise in the open air. In cal assistance to the peasants of Tavapy 11. March prisoners there went on hunger­ Most of them were only briefly held but strike to protest about these conditions. As fo ur men, known fo r their trade union a result the fetters were removed. Amnesty militancy at the Hospital de Clfnicas in International drew these cases to the atten­ Asunci6n, were held without charge fo r tion of the Inter-American Commission on several days. At the end of May, however, Human Rights (IACI- IR) of the Organization the government gave the peasants a perma­ of American States. In November the IACHR nent right of settlement and the cordon published a report on human rights viola­ was lifted. tions in Paraguay which identified the Peasants involved in land disputes absence of an independent judiciary as one were also held fo r several months in pre­ of the most important factors leading to trial detention, in some cases on minor ill-treatment and torture of prisoners. charges because judges did not promptly Amnesty International took action dur­ hear their applications for provisional re­ ing the year on behalf of a number of lease. Such applications normally are people detained under Law 209 and ex­ heard within eight days, but it appeared pressed concern about the delay in proces­ that some were delayed for political sing the case of Norma Garcete de Pintos reasons. For example, Norma Garcete de and her alleged ill-treatment in custody. In Pintos, the wife of a peasant leader, was May Amnesty International submitted in­ held for fo ur months in preventive deten­ fo rmation about its concerns in Paraguay tion in Encarnaci6n on a charge of invad­ to the United Nations procedure fo r con­ ing private property. She was alleged to fi dentially reviewing communications have been beaten by police although she about human rights violations. was pregnant and ill at the time of her arrest, and she later suffered a miscarriage. The police who arrested her were believed to have been seeking her husband, a leader of a group of peasants who had cultivated PERU land in an area known as Pirapo'i for 11 years and wished to obtain permanent > I: settlement. Norma Garcete de Pintos was Hundreds of people, the majority of them z '" eventually released from custody in late peasant fa rmers, were victims of unac­ � December but it was not known whether knowledged detention, "disappearance" z fu rther legal proceedings would be taken and extrajudicial execution carried out by .....'" '" against her. police, military and civil defence forces in z There were new reports of torture and the "emergency zones". Opponents of the � CS z ill-treatment of criminal prisoners and government continued to face arrest and > ,... suspects. In one case a 13-year-old boy, trial on fa lse charges of terrorism. A '" '" Guillermo Florenciagni, was alleged to number of prisoners of conscience were � have died as a result of torture by police at released during 1987, although many � ... Yby Yau in the department ofConcepci6n. others continued to experience long de­ ID .. He had been arrested on 20 December 1986 lays in their trials. .. THE AMERICAS / PERU

132 cember 1986. This bill envisaged the ex­ clusion fro m military jurisdiction of of­ fences not related to military service. such as genocide. torture. secret arrest. forcible "disappearance". rape and aggravated homicide. The purpose of the bill was to hold members of the police and armed forces accountable for human rights viola­ tions by ensuring that trials would be heard before civilian courts. The bill was not debated by Congress during 1987. Most members of the armed forces pros­ ecuted for alleged human rights violations were tried in military courts. These courts acquitted all such defendants. On rare occa­ sions. the Supreme Court of Justice has Reports of torture and execution-style ruled that police officersaccused of human killing by the guerrilla group Sendero rights violations should be tried before civil­ Luminoso (Shining Path) increased drama­ ian courts. One such case led to the convic­ tically. Principal targets continued to be tion of 11 civil guards on charges related to government development workers. com­ the killing of 33 peasant farmers in Soccos. munity leaders. members of labour organ­ Ayacucho department. in November 1983. izations and legal parties who have refused They received prison sentences ranging to collaborate with the organization. The fro m 10 to 25 years. The Supreme Court of Shining Path carried out mass execution­ Justice upheld the verdict in October. style killings in communities suspected of In June President Alan Garcia prom­ aiding the security forces. In the commu­ ulgated Law 24700 to establish special tri­ nity of Rumirumi in the province of La Mar. bunals to try people accused of terrorism. Ayacucho. 24 peasant fa rmers were killed This law provides certain safeguards for in December. The insurgents. dressed in detainees' rights. including the compulsory military-style uniforms. forced the leaders presence of a prosecutor from the Public and youths oflhe community into the local Ministry at all stages of police investigation. school. where they were beaten. shot and Human rights lawyers. however. have ex­ hacked to death. A new pattern of selective pressed concern about suspension of the assassinations by the Shining Path also right to present a petition of habeas corpus emerged. Victims were prominent mem­ on behalf of a detainee during the initial bers of the ruling party. Alianza Popular 15-day period of police detention. Revolucionaria Americana (APRA). Amer­ President Garcia announced on 28 July ican Popular Revolutionary Alliance. the lifting ofthe curfew in Lima. He also said New legislation for curbing terrorism that the state of emergency in the city of was introduced. Congress was called into Ayacucho. which had been in force since special session in March and approved 1982. would be lifted in the near future. Law 24651. which increased the maxi­ However. the state of emergency in mum penalty for acts of terrorism to 25 Ayacucho was renewed in September for a years' imprisonment and prescribed pris­ further 60 days. fo llowing an increase in

.. on terms of between 10 and 20 years for Shining Path attacks . .. � people convicted of assisting terrorist In areas under a state of emergency • l;: activities. The law also incorporated the certain individual rights are suspended and crime of terrorism in the penal code. there­ security fo rces have powers to arrest people �'" Ill: by revoking Decree Law 046 of 1981. Most without a warrant and to restrict freedom of .... C Z political prisoners. including many pris­ movement and assembly. In practice the o oners of conscience. had previously been security forces have frequently exceeded Z� charged under Decree Law 046. even these powers and committed wide­ Ill: '" Members of the opposition Izquierda spread and systematic human rights viola­ ! Unida alliance boycotted the special ses­ tions in the emergency zones. including

en� sion because the government fa iled to torture. "disappearances" and extrajudicial '" z include in the agenda consideration of a killings. a c draft law approved by the Senate in De- By October the state of emergency co- THE AMERICAS / PERU

vered 26 provinces in seven of the country's which 350 were "resolved". Local human 133 25 departments. In November, it was ex­ rights groups, however, estimated that some tended to a further seven provinces in the 3,200 people had "disappeared" in the northern department of San Martin, after emergency zones since 1982. In 1987 a new rebels of the Movimiento Revolucionorio pattern emerged: nearly halfthose reported Tupoc Amoru (MRTA), Tupac Amaru Re­ as "disappeared" reappeared alive. after volutionary Movement, occupied several several weeks or months in the unacknow­ small towns and attacked army posts in the ledged custody of the security forces. Many area. detainees said they had been arrested by the Reports of "disappearances" and killings armed fo rces and held incommunicado in in emergency zones were most often re­ military installations, where they were tor­ ceived, as in previous years, from the de­ tured and forced to sign false confessions partments of Ayacucho, Huancavelica and before transfer to police custody and subse­ Apurimac. Some reports were also received quent appearance before the courts or from Puno and Lima. The Attorney General release. sent a group of public attorneys in Septem­ In December the Attorney General ber to Huamanga in Ayacucho department announced that a further 57 people reported to investigate alleged "disappearances" in to have "disappeared" in Ayacucho and the area. In its preliminary report, the group Apurimac had reappeared. He claimed that said that 142 "disappearances" were re­ "the Political Military Command in the zone ported in Ayacucho and Apurimac depart­ is applying a new methodology, temporary ments in the first eight months of 1987. 'disappearance', in order to avoid the cases Forty-eight people were subsequently lo­ being presented to human rights organiza­ cated, according to the report, although tions." Also in December, Congress three of them were fo und dead soon after announced the creation of a commission to their arrest by military personnel and 36 investigate "disappearances" which oc­ reappeared after release from the custody of curred between 1980 and 1985. the security fo rces. Amnesty International worked on behalf Many of those who had been released of 79 prisoners of conscience or individuals told the public attorneys that they had been who may have been prisoners of conscience tortured in detention. Jose G6mez Figueroa, during the year. The majority of them were who was detained on 16 September in peasant fa rmers from the emergency zones Ccarhuapampa, Ayacucho department, by or leaders of community organizations be­ an army patrol from the Tambo military lieved to be detained on fa lse charges of barracks, was released without charge 11 "terrorism". Many prisoners who had spent days later. He alleged that he and other several years in detention were released prisoners had been hung by their arms, during 1987 after acquittal or dismissal of which had been tied behind their backs, and charges against them for lack of evidence. that soldiers urinated in their faces when They included Filomeno Munoz Rojas and they asked for water. Other methods of Justa Pizarro, a peasant fa rmer and his wife, ill-treatment and torture reported to the who had been arrested in July 1983 at their investigative commission included beating, home in Huaral, Lima department, and burning and suspension by the arms for accused of collaborating with Shining Path prolonged periods. The public attorneys guerrillas. Initially they were taken to a who carried out the investigation com­ police post, where they were allegedly tor­ plained that the Head of the Political Mili­ tured and fo rced to sign fa lse statements of > � tary Command in Ayacucho had not cooper­ having sheltered a group of Shining Path z ", ated with them and that officials obstructed members which had passed through their Cl> them at "Los Cabitos" Barracks in village the night before their arrest. The � Z Ayacucho, the military headquarters fo r the couple, parents of seven children, was held ... ",'" Ayacucho emergency zone. They said that for over fo ur years in Lima prisons awaiting z the officials had fa iled to respond to over 95 a verdict in their case. They were acquitted � o z per cent of their requests fo r info rmation in November. > about detainees. ,... There were new developments during '" The Attorney General informed the con­ the year in cases of human rights violations ", ;g gressional Human Rights Commission that which occurred in 1986. When the author­ � .. the number of "disappearance" cases for­ ities quelled mutinies in three Lima jails IQ CD mally presented to his office was 2,714, of organized by political prisoners (see CD THE AMERICAS I PERU I ST VINCENT ANDTHEGRENADINES

134 Amnesty International Report 1987), hun­ charged with quelling the mutinies because dreds of prisoners died. Many of the dead they participated or acquiesced in the viola­ had been summarily executed after they tions committed. These violations included surrendered to the authorities and scores of torture and extrajudicial executions of pris­ others remained unaccounted for. In Janu­ oners. The report called fo r the impeach­ ary Amnesty International sent to President ment of the Cabinet and recommended that Garcia the fi ndings of its own investigation, the Public Ministry and judicial authorities, which were subsequently published in a acting within their respective areas of juris­ report entitled "Disappearances", Torture diction, determine the extent to which the and Summary Executions by Government authorities involved in the events should be Forces afterthe Prison Revolts of June 1986. held criminally responsible. Amnesty International concluded that there The majority report was approved by was evidence to suggest that the civilian and Congress, in which the APRA has a majority, military authorities had attempted to on 11 December. cover up the gross human rights violations Amnesty International continued which had occurred during the prison throughout the year to work for the release mutinies. of prisoners of conscience and investigated In August Congress reactivated a Com­ the cases of people who may have been mission of Inquiry, composed of 13 mem­ prisoners of conscience. The organization bers from both Houses of Congress, to in­ also submitted information on its concerns vestigate the mutinies and establish respon­ in Peru to the relevant bodies of the United sibility for violations committed by govern­ Nations and the Organization of American ment fo rces. The Commission presented States. two reports to Congress in December, a majority report signed by five members of the ruling APRA party and two representa­ tives of other political parties, and a minor­ ity report signed by the Commission's presi­ ST VINCENT AND dent and five members of opposition THE GRENADINES parties. Although the two reports produced by the Commission of Inquiry coincide in the background to the prison mutinies and the events during the riots, they contain fun­ damental differences in their evaluation of events and recommendations. The majority report limited responsibility for the abuses to the military and police officers who quelled the riots and their commanding offi­ cers. It also held the national director of penal institutions and the fo rmer Attorney General responsible for failing to prevent abuses which they knew were occurring. Two prisoners were hanged on 6 March The report concluded that the murders com­ 1987 - the first executions to be carried mitted in the prisons were neither an ex­ out for nine years. The two men, Seymour

., pression of a government policy of exter­ CastelIo and WendelI WilIiams, had been ., :!: mination nor a response to an armed fo rces convicted of murder. An appeal by a local ... human rights group to Prime Minister '" institutional strategy. The minority report accused President 'ames MitchelI, who chairs the Mercy �... '" Garcia and his Cabinet of "primary respon­ Committee, fa iled to persuade the author­ ... c z sibility" for the killing of 249 political pris­ ities to stay the executions or commute the o oners and for covering up military interven­ death sentences. The death penalty is z� tion on the prison island of El Front6n. It mandatory on conviction of murder. At '" ... concluded that more than 100 prisoners had least two other prisoners were believed to ! been killed on El Front6n. The minority be under sentence of death at the end of � report also assigned criminal responsibility the year. ... z to prison authorities, the fo rmer Attorney Amnesty International expressed regret ::I c General and police and military officials to the government about the executions THE AMERICAS I ST VINCENT AND THE GRENADINES I SURINAME and called for a parliamentary discussion members of the Bush Negro ethnic group. 135 as a first step towards the abolition of the They included 11 members of the Sara­ death penalty. macca Bush Negro group who were arrested by army personnel in the Broko­ pondo district in April. They were then taken to Fort Zelandia, where they were SURINAME held without charge and denied access to their fa milies and lawyers for several weeks. At least one of them, Rudy Wach­ ter, was reportedly tortured. All 11 de­ tainees were subsequently released with­ out charge. A number of detainees, mostly Bush Negroes, were released in August, after spending over a year in custody without charge or trial because the authorities sus­ pected they were members or supporters of the Jungle Commando. Further releases took place on 1 December and the author­ ities later said that no political prisoners remained in detention. It was not possible for Amnesty International to obtain inde­ pendent verification of the releases. There were new reports that the army had There were new reports of civilian kill­ killed civilians in the course of operations ings by the army, with some 40 such against an armed opposition group. A killings being reported from an area south number of suspected government oppo­ of Paramaribo between 11 and 30 Septem­ nents were detained, some of whom may ber. Some of the dead may have been have been prisoners of conscience. The members of the Jungle Commando, but authorities said that all of them had been most were said to have been villagers who released before the end of the yaar. had taken no part in the conflict. The most Throughout the year, there was con­ serious incident reportedly occurred on 11 tinued conflict between government fo rces September when soldiers travelling by and the Jungle Commando, an armed road and river attacked villagers working opposition group led by former army in fields close to the road between Browns­ sergeant Ronny Brunswijk, which was weg and Pokigron. At least 19 bodies were especially active in eastern Suriname. fo und in the area by local people. The Both sides accused the other of responsi­ official Suriname News Agency subse­ bility for civilian killings and other abuses, quently described the victims as members but it was impossible in most cases to ofthe rebel forces who had been killed in a obtain independent corroboration. clash with government troops. Members of Following the approval by referendum an international medical organization of a new Constitution in September, the working in the area, however, reported first national elections since 1976 were that eye-witnesses had confirmed the kill­ held in November. The victorious opposi­ ing of unarmed civilians. tion Front for Democracy and Develop­ Further civilian killings by the army > I: ment was expected to fo rm a new govern­ were reported to have occurred in Septem­ z ", ment in January 1988. After the election, it ber. Sold iers allegedly fired at three vil­ '" was reported that Ronny Brunswijk had lagers travelling by boat, ki lling one and � z declared a cease-fire until the end of the injuring another, on 18 September. .... ", '" year. According to reports, two Bush Negroes z At the end of the year the state of were shot dead by soldiers near Pokigron o� z emergency imposed throughout the coun­ on 30 September. > try on 1 December 1986 was still in force ..... In February Amnesty International rep­ '" only in the eastern districts of Marowijne, resentatives visited French Guiana to in­ ", C!: Brokopondo and Sipaliwini. terview refugees who had fled there, most­ � - Most of those arrested as suspected ly in late 1986. to escape the conflict in ID supporters of the Jungle Commando were Suriname. They confirmed earlier reports g: THE AMERICAS I SURINAME ITRINIDAD AND TOBAGO

136 of extrajudicial executions of unarmed civilians, primarily women and children, by the army. Subsequently, Amnesty Inter­ national communicated its concerns about these killings to the government and urged that a list of those detained should be made public, that they should be either charged with recognizable criminal offences or re­ leased and that they should be given access to legal assistance. There was no response. In September Amnesty International published a report, Suriname: Violations In July the High Court annulled death of Human Rights, detailing the informa­ sentences imposed on Andy Thomas and tion it had received about political killings Kirkland Paul in 1975 after they were and other human rights violations. It convicted of murder. The decision was called on the government to conduct an made in response to a motion filed by their independent inquiry into the killings and lawyers in December 1985 which argued make the findings public, to prosecute that several provisions of the Constitution those fo und responsible for these human would be violated by their execution. This rights violations and to grant compensa­ motion had been filed after warrants for tion to the families of non-combatant vic­ the prisoners' execution within 24 hours tims. The report also called on the govern­ had been issued against the two men on 4 ment to make public the name, date of December 1985. Stays of execution had arrest and place of detention of all those then been granted and both prisoners had arrested as a re sult of the present conflict remained on death row. The High Court or their alleged opposition to the govern­ ruled that the prolonged incarceration of ment, and to ensure that all detainees are the two prisoners on death row in condi­ either promptly charged and brought to tions of "appalling barbarity", and the court or released and to grant them access reading of death warrants to them only to lawyers and their relatives. hours before their executions were due to In December Amnesty International take place, constituted "cruel and unusual again wrote to the outgoing military gov­ punishment" in violation of the Constitu­ ernment about the reported killing of civil­ tion. The Court also ruled that the cir­ ians on 11 September and called for an cumstances in which the death warrants official investigation. had been issued had violated the prison­ Suriname ratified the Inter-American ers' constitutional rights to due process Convention to Prevent and Punish Torture and equality before the law. on 12 November, as well as acceding to the Both men were released from prison on American Convention on Human Rights 31 August when eight criminal prisoners, and recognizing the jurisdiction of the including five others who had originally Inter-American Court of Human Rights. been sentenced to death, were freed under an amnesty marking the 25th anniversary of independence. Kitson Branche, who was also released TRINIDAD AND under the amnesty, had been under sen­ co co � tence of death for nearly 15 years. He had ... TOBAGO Ill: been sentenced to death for murder in 1972. Doubts about his guilt had subse­ �... Ill: quently emerged as a result of new evi­ -' C Z At the end of the year there were some 30 dence, which was submitted to the Judicial o prisoners under sentence of death, which Committee of the Privy Council in London �Z is the mandatory penalty on conviction of in 1980. The Committee, however, de­ Ill: ...... murder. Several had been on death row clined to consider the new evidence on the ! for more than 10 years and had exhausted grounds that it should have been presented � all their legal appeals. There were no at his trial (see Amnesty International ... z executions - the last execution took place Report 1987). 2 c in 1979. Following the election to power of the THE AMERICAS / TRINIDAD AND TOBAGO / UNITED STATES OF AMERICA

National Alliance for Reconstruction in tice was arbitrary, racially biased and un­ 137 December 1986, Amnesty International fa ir, despite the introduction of elaborate wrote to Prime Minister Arthur Robinson judicial safeguards following us Supreme in January to call for all existing death Court rulings in the 1970s. sentences to be commuted and to urge The report examined racial disparities abolition of the death penalty. in death sentencing; the community, During the year Amnesty International financial and other pressures which influ­ also appealed for clemency to be granted to ence local prosecutors in their charging Lalchan Nanan, who was sentenced to and sentencing recommendations; the fa ir­ death in July 1977, after being convicted of ness of jury selection in capital trials and murdering his wife. However, he remained problems of legal representation for in­ on death row at the end of 1987 although digent defendants in capital cases. there were doubts about the circumstances Amnesty International called for the of his conviction: after the trial the jury abolition of the death penalty in state and foreman reported that he had misunder­ federal law. Pending ab olition, it urged stood the meaning of "unanimous" and that no fu rther executions be carried out that the jury had in fact been divided eight and called on states to conform to mini­ to four in its verdict (see Amnesty Inter­ mum international standards that pre­ national Report 1987). clude the imposition of death sentences on juvenile offenders and the mentally ill. It said that the evidence ofracial discrimina­ tion in the application ofthe death penalty UNITED STATES OF was a matter of urgent concern and recom­ AMERICA mended that the federal government com­ mission an impartial inquiry into this question. Amnesty International received a lengthy reply from the Department of Jus­ tice in July, in which it defended the death penalty on grounds of just punishment, deterrence and incapacitation. Amnesty International replied, reiterating its con­ cerns and stating that studies had fa iled to provide convincing evidence that the death penalty deterred crime more effec­ tively than other punishments. Executions, which had been delayed pending a key Supreme Court ruling on race discrimination (see below) resumed Twenty-five prisoners were executed in in May. Of the 25 executions during the 1987, an increase over the previous two year, eight were carried out in Louisiana. years. At the end ofthe year 1,982 prison­ The others took placein Alabama, Florida, ers were under sentence of death in 34 Georgia, Mississippi. Texas, Utah and Vir­ states. A church worker jailed for assist­ ginia. Amnesty International appealed for ing undocumented Salvadoreans in the clemency in every case where it learned USA was adopted as a prisoner of con­ that an execution was imminent. science. There were complaints of ill­ Edward Earl Johnson, a black youth treatment of prisoners. Amnesty Inter­ convicted of killing a white police officer, national continued to investigate a num­ was executed by lethal gas in Mississippi ber of criminal trials in which it was on 20 May, despite what his lawyers be­ alleged that the prosecutions were politi­ lieved were "substantial doubts" about his cally motivated. guilt. Further evidence in support of this On 19 February Amnesty International claim emerged after the execution. published a report, United States of Amer­ John Brogdon, executed by electrocu­ ica: The Death Penalty, and launched a tion in Louisiana on 30 July for the rape major international campaign to publicize and murder of a child, had been diagnosed its concerns. The report looked at evidence as mentally retarded, with a mental age of suggesting that the death penalty in prac- 10. Another prisoner repor tedly suffering THEAMERICAS / UNITED STATES OF AMERICA

138 from a serious mental disorder. Billy under 18 at the time of the crime). Its MitcheIJ. was executed by electrocution in decision in the case of a 15-year-old sen­ Georgia on 1 September. tenced to death in Oklahoma was still Beauford White was executed by elec­ pending at the end of 1987. Some 30 trocution in Florida on 28 August. The minors in 14 states were under sentence of trial jury had unanimously recommended death in 1987. a life sentence but this was overruled by In March the Inter-American Commis­ the judge. who imposed the death penalty. sion on Human Rights ruled that the us WiIlie Watson was executed in Louisiana Government had violated the American on 24 July after the us Supreme Court Declaration on the Rights and Duties of denied his application for a stay by a tied Man by allowing the execution of James four-four vote. Terry Roach, who was 17 at the time of the In April the us Supreme Court gave a crime (see Amnesty International Report ruling in a key case in which it was alleged 1986 and 1987). TheCommission held that that the application of the death penalty the differing age limits set by us states was discriminatory on grounds of race. resulted in "the arbitrary deprivation of The appeal. brought on behalf of a black life and equality before the law". The prisoner. Warren McCleskey. had cited a Commission also declared that there was detailed study showing that defendants an "emerging" norm establishing 18 as the convicted of killing white victi ms in Geor­ minimum age at which the death penalty gia. especially black defendants. were may be imposed. several times more likely to receive death Stacey Merkt, a church worker who had sentences than those in black victim helped undocumented Salvadoreans to cases. The study had taken into account a enter the USA, was convicted in 1985 of wide range of non-racial factors. transporting and conspiring to transport The Supreme Court denied the appeal illegal aliens. She started serving six by five votes to fo ur. The majority opinion months of an 18-month prison sentence in acknowledged that the study indicated "a January 1987 but was released from prison discrepancy that appears to correlate with in April to serve the rest of her sentence race" but held that Warren McCleskey had under house arrest. She was released from fa iled to prove purposeful discrimination house arrest in July. Amnesty Inter­ by the "decision-makers" in his particular national adopted her as a prisoner of con­ case. The court suggested that racial dis­ science as it believed that those she helped crimination in the application ofthe death could have been in danger of imprison­ penalty was a matter for inquiry by legisla­ ment as prisoners of conscience, torture or tures. These. it said. were "better qualified extrajudicial execution if returned to El to weigh and evaluate the results of statis­ Salvador (see Amnesty International Re­ tical studies in terms of their own local port 1987). conditions and with a flexibility of In November more than 2,000 Cuban approach that is not available in the nationals held in Atlanta Penitentiary and courts". another Immigration and Naturalization Four of the nine judges vigorously dis­ Service (INS) facility in Louisiana rioted sented. finding that the evidence showed a and seized hostages in protest at an agree­ risk of racial discrimination in the opera­ ment reached by the US Government with tion ofGeorgia's death penalty statute that Cuba to return some 2,500 detainees to

Cl> clearly violated the Constitution and. in Cuba. The disturbances ended after the US Cl> � the words of one judge, was "intolerable by Attorney General agreed to a moratorium :;: any standard". on deportations pending a fu ll review ot Following the ruling, Amnesty Inter­ each case. The Cuban detainees had ar­ w� '" national wrote to the governors of Georgia rived in the USA in 1980 as part of a mass c.... z and nine other states where there were evacuation from Cuba known as the o marked racial disparities in death sen­ "Mariel boatlift". They included some 300 z� tencing, calling for a moratorium on ex­ people detained as excludable aliens since '" w � ecutions pending legislative inquiries into their arrival in the USA and others who, !: this issue. after their initial release on parole into the >- In February the us Supreme Court US community, had been redetained fol­ w� Z agreed to rule on whether the Constitution lowing parole violations. � C permitted the execution of minors (people In July Amnesty International wrote to THE AMERICAS / UNITED STATES OF AMERICA

the us Attorney General expressing con­ International noted that the conditions in 139 cern about the conditions under which the Lexington HSU had reportedly already be­ Cubans were held in Atlanta Penitentiary, gun to have a detrimental effect on one which a 1986 congressional report had prisoner who complained of headaches described as "brutal and inhumane". and a loss of ability to concentrate. Amnes­ Amnesty International also expressed con­ ty International also expressed concern cern aboutthe circumstances under which that confinement to the unit was based on the Cubans were detained; many had been general security considerations rather in INS custody for several years after having than the inmates' own behaviour and was had their parole revoked for only minor apparently of indefinite duration (all the offences or misdemeanours, without any women in the unit were serving very long review of their cases. Amnesty Inter­ prison sentences). national said that, although it did not The Federal Bureau of Prisons replied oppose the detention per se of excludable in June, stating that the women were treat­ aliens, it believed that both the conditions ed humanely and that the unit was de­ and the circumstances under which the signed fo r inmates who may be subject to Cubans were being held might amount to rescue attempts by outside groups. Amnes­ cruel, inhuman or degrading treatment. It ty International reiterated its concerns on urged the authorities to take steps to re­ 6 October. In a further letter in October the view their cases with a view to paroling Bureau of Prisons said that some modifica­ those found not to be a security risk. No tions to conditions in the unit had been reply was received. made and that a new high security female Following the announcement of the prison under construction would allow agreement with Cuba to return the de­ for more flexible conditions. tainees, Amnesty International ca lled on In March Amnesty International made the US authorities to seek assurances from public a report on an investigation into the Cuban Government that no Cuban allegations of ill-treatment made by in­ nationals returned to Cuba would be im­ mates of Mar ion Penitentiary, Illinois. The prisoned on account of their peacefu lly report reviewed federal court hearings in held political views. 1985 which examined allegations that Three women convicted of politically­ prisoners had been beaten by prison motivated criminal offences were held in a guards during the imposition of a "Iock­ High Security Unit (HSU) in Lexington down" in the prison in November 1983 prison, Kentucky, in conditions which (see Amnesty International Report 1986 could amount to cruel, inhuman or degrad­ and 1987). Amnesty International had ing treatment. The women (later joined by fo und serious inadequacies in the mea­ two other female prisoners) could associ­ sures taken to investigate the allegations ate together at certain times of the day but and recommended that the authorities were isolated from all other inmates and hold a fu ll, independent and impartial subjected to a specially controlled en­ inquiry. vironment which included 24-hour In October the us Supreme Court re­ camera surveillance. They were not fused to grant leave to appeal in the case of allowed to participate in the training, re­ Leonard Peltier, a leading member of the habilitative or recreation programs American Indian Movement (AIM) con­ afforded other long-term prisoners; corre­ victed of murder in 1977. Leonard Peltier spondence and visits were restricted; and had sought a retrial on the grounds that they were strip-searched whenever they important ballistics evidence had been left the outdoor exercise yard, which they withheld fro m the defence during his trial. were permitted to use for one hour a day Amnesty International had issued a state­ under constant supervision. ment in 1985 saying that it believed the Amnesty International wrote in May to interests of justice would best be served by the Federal Bureau of Prisons about these granting him a new trial (see Amnesty conditions. It pointed to a 1979 study in International Report 1986 and 1987). which it had fo und that prisoners held in long-term small-group isolation in the Federal Republic of Germany suffe red

� from pathological disorders caused by ID 00 their conditions of confinement. Amnesty 00 THE AMERICAS / URUGUAY

140 He dealt with five cases in 1987: those of Omar Paitta Cardozo, Fernando Miran­ URUGUAY da Perez, Felix Sebastian Ortiz Piazoli, Eduardo Perez and Amelia Sanjurjo Casal. However, their relatives, lawyers acting for them, and human rights organizations investigating the cases refused to cooper­ ate. They argued that an investigation into human rights violations by the armed forces conducted by a military official on active service and subject to military disci­ pline wou ld not be sufficiently impartial and independent. They argued also that they had already given their evidence and that Colonel Sambucetti's main task should be to interview the police and military personnel allegedly responsible for the "disappearances", as this had not yet been done. Attempts to clarify the fate of people who In all five cases, the military prosecutor "disappeared" when the country was concluded that there was no clear evi­ under military rule were seriously limited dence that the "disappeared" had ever by legislation introduced in late 1986. been detained. Fernando Miranda Perez The Ley de Coducidod de la Pretensi6n "disappeared" after two men in civilian Punitivo del Estodo, law on the punitive clothes who had earlier identified them­ powers ofthe state, was enacted in Decem­ selves as members of the Fuerzos Conjun­ ber 1986. It prevented the prosecution of tos, Combined Forces, took him from his officials accused of responsibility fo r hu­ home on 30 November 1975. In his case, man rights violations during the period of Colonel Sambucetti suggested that crimi­ military rule between 1973 and 1985. if nals posing as security force personnel these violations had been politically moti­ might have been responsible. However, he vated or carried out on orders from a offered no evidence in support of this superior. assertion. Under Article 3, the government was Eduardo Perez "disappeared" after allowed 30 days to rule whether cases fe ll being arrested in May 1974. Colonel Sa m­ within the terms of the law and should bucetti interviewed Jose Nino Gavazzo thus be terminated. All judicial investiga­ Pereira, a retired colonel who had served tions into cases already before the courts in the First Artillery unit in whose custody were frozen to await the government's Eduardo Perez was alleged to have died. ruling. Such rulings, according to press Colonel Gavazzo had previously been ac­ reports, were given in at least six cases, at cused of having participated in the abduc­ least two of which involved allegations of tion and torture in Argentina of "dis­ torture. It was decided that they each fell appeared" Uruguayans. He had been sum­ within the terms of the law and that court moned to appear before a civilian magis­ proceedings should be closed. trate in August 1985 but the armed fo rces Article 4 of the law, concerning "dis­ blocked the proceedings, claiming that the appeared" prisoners, required judges to case fe ll under the jurisdiction of a mili­ submit to the government testimonies tary court. When interviewed by Colonel about "disappearances" which had Sambucetti, Colonel Gavazzo confirmed already been presented to the courts. The that he had been involved in anti­ government was then required to investi­ subversive activities but said he had been gate each case and to notify the relatives of acting under orders and was not able to the "disappeared" person of the results of reveal any information about the opera­ the investigation within 120 days. In May tions. He denied involvement in human it became known that the authorities had rights violations. assigned the responsibility for investigat­ Colonel Sambucetti's finding that ing "disappearance" cases to Colonel Jose military and police personnel were not Sambucetti, a military prosecutor. responsible fo r the "disappearance" of THE AMERICAS I URUGUAY I VENEZUElA

Eduardo Perez appeared to conflict with 141 the position taken by the President's office which ruled under Article 3 that the case should be closed, as it fell within the terms of the new law. Given these circumstances, there appeared to be no fu rther legal steps the fa mily of Eduardo Perez could take to find out what had happened to him. At the end of 1987, opponents of the new law claimed that they had collected enough signatures - more than 525,000 in all, representing a quarter of the electorate - to have it put to referendum. Amnesty International wrote to Presi­ dent Julio Maria Sanguinetti in January to seek details of the new law, and expressed concern that it might impede inquiries into "disappearances" and contribute to a within the administration of justice and sense of impunity on the part of those the prison system. undermining the rights responsible fo r human rights violations. In to fair trial within a reasonable time and to his reply, President Sanguinetti said that humane treatment in prison. the greatest need was to administer justice Demonstrations and violent disturb­ in such a way as to achieve social peace ances broke out in April and November, and reconciliation. Amnesty International when students and others protested wrote to the President again in August against government policies at a time of underlining the need fo r governments to increasing economic difficulties. On both do all in their power to ensure that fu ll and occasions the protests were sparked off by impartial investigations are carried out the deaths of students, the first when a into abuses committed under previous student was killed by a private citizen in governments. It expressed concern that the March, and the second after another stu­ impartiality of the procedures to investi­ dent died in police custody in November. gate "disappearances" had been ques­ The demonstrations resulted in violence tioned by relatives of the "disappeared" and at least three people were shot dead by and local human rights organizations, and police. Many people were injured, espe­ urged that further steps be taken to clarify cially during the wave of protests from these cases. In October an Amnesty Inter­ April to July. Among them were demon­ national mission met President Sangui­ strators who suffered multiple buckshot neUi and discussed these concerns. wounds when police opened fire on them at close range. The government said that the protests were part of a subversive plan, but there appeared to be little evidence to VENEZUELA support this claim. Hundreds of people were arrested be­ tween April and July, including demon­ Many people were arrested in connection strators and others who were taken from with anti-government demonstrations; their homes by police as alleged instigators most were released but several were sent of the protests. Police were said to have for trial before military tribunals. Other used unnecessary violence during raids on long-standing political prisoners re­ suspects' homes and sometimes to have mained on trial before military tribunals taken relatives when the wanted person whose procedures were extremely pro­ could not be found. Witnesses reported tracted. There were new reports of kill­ that some members of the police squads ings by police in circumstances that conducting raids were hooded and that in strongly suggested they were extrajudicial some cases they did not show legal war­ executions. One military cadet died. rants. Many of those held reported being apparently as a result of torture. denied contact with relatives, despite an There was continued debate within the express prohibition of incommunicado de­ government and the press about a crisis tention in Venezuelan law. THE AMERICAS I VENEZUELA

142 All but 34 of those detained as a result "work colonies" in the southern jungle for of the mid-year protests were released periods of up to five years. The procedure unconditionally within a few weeks. The does not allow access to the courts and authorities publicly accused the 34 of in­ there is no right to legal defence. This was volvement with the guerrilla group Ban­ used against a journalist known for his dera Roja. Red Flag. which conducted reporting of corruption in Bolivar state. armed activities in Venezuela in the 1960s Victor Gonzalez had been arrested in and 1970s. and said that they would stand November 1986 and ordered to spend trial before military tribunals. The 34 in­ three years in work colonies. In January cluded trade unionists. students. com­ 1987. following representations from his munity leaders and people who had been lawyers and international journalists' charged with politically-motivated crimes organizations. the order was changed to years before but then released. Seventeen confinement to the town of Tumeremo in were freed after several more weeks. The Bolivar state. Other journalists were re­ remainder were formally indicted and sent ported to have received death threats. been for trial under the provisions in the Mili­ assaulted by people associated with local tary Penal Code dealing with "military government leaders. or been threatened rebellion". Charges against eight were with imprisonment. dropped in July fol lowing widespread stu­ There were new reports of police kill­ dent protests. and another fo ur were re­ ings of civilians. particularly in the barrios leased later. The eight remaining prisoners or poor urban neighbourhoods. where evi­ were still awaiting trial at the end of 1987. dence suggested that the killings were Fifteen other people also remained in unprovoked and deliberate. For example. custody charged with "military rebellion". Martin Soto Mijares was shot in the back They had all been arrested between 1978 and killed on 23 April by police. Witnesses and 1984. Their trials were marked by said the police had tried to plant a weapon particularly slow proceedings and allega­ on him to simulate an armed confronta­ tions that the military tribunals were not tion. Elias Avila Bogado. aged 18. was shot impartial. Eder de Dios Puerta Aponte was and injured on 21 November in unclear acquitted in September. five years after his circumstances. He was later removed from arrest. but he was still in prison at the end hospital by police officers. despite objec­ of the year awaiting confirmation of the tions from doctors who were preparing to verdict by the military court of second treat him. He was fo und dead the next instance. Two other prisoners were con­ morning on the outskirts of Caracas. victed and sentenced to 16 years' impris­ A 16-year-old cadet at a military train­ onment at the same trial. In a separate case. ing school. Jose Luis Palomares. died in two defendants were convicted in Decem­ hospital on 19 September. reportedly as a ber and received 16-year sentences. over consequence of torture inflicted on him at six years after their arrests. the school. He had apparently been cap­ Allegations persisted that people held tured trying to escape from the establish­ in connection with anti-government pro­ ment. Before he died. he told relatives that tests were detained arbitrarily and ill­ he had been tortured and said he had been treated by police. The lack of effective threatened with reprisals if he named his safeguards for detainees included in­ attackers. Another youth was reportedly adequate habeas corpus proVISIOns. suffering from serious psychiatric and According to the courts' interpretation of physical disorders as a result of ill­ these provisions. habeas corpus is not treatment at the same establishment. Most investigations into alleged exces­ :;: applicable until eight days after detention. o "­ Although a new law on amparo - a remedy ses by the police. including killings. con­ ... a: intended to protect constitutional rights ­ tinued to make little progress. For exam­ ...J < Z was introduced in Parliament in Decem­ ple. the number of official investigations o ber. the proposal did not modify the ex­ initiated into police killings averaged 200 Z� isting practice concerning habeas corpus. per year between 1981 and 1984. However. a: ... .- The Law of Vagrants and Crooks was in only a few of the cases were formal ! used to send hundreds of individuals be­ criminal proceedings completed. In April � lieved by police to be dangerous to society. 1987 relatives of victims in the state of ... z but against whom there was no evidence of Carabobo publicly denounced state attor­ a < involvement in punishable offences. to neys and judges who. they claimed. had THE AMERICAS I VENEZUELA

acted "dishonestly and negligently" in the 143 investigation of 24 cases of suspected un­ lawful killing by police officers between 1983 and 1986. Amnesty International wrote to Presi­ dent Jaime Lusinchi on 17 March to raise its concerns about protracted proceedings in trials of political prisoners by military courts, the application of the Law of Va­ grants and Crooks, ill-treatment in prisons and in police stations and the pattern of killings and "disappearances" of alleged criminal suspects. During the year it also raised a number of individual cases with the Attorney General's office, which is in charge of investigating complaints of hu­ man rights violations. In December Amnesty International sent a mission to Venezuela to discuss these concerns with the government. The delegation found that there was active concern within certain official bodies about human rights issues arising from the problems within the administration of jus­ tice and prison system. However, the dele­ gates urged that more governmental atten­ tion should be given to other areas of concern such as safeguards for police sus­ pects, better access to legal defence and more effective remedies for victims of police abuse.

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ASIA

AND THE PAC IFIC

ASIA AND THE PACIFIC I AFGHANISTAN

ties between the end of 1986 and Septem­ 147 ber 1987. The flow of refugees into Paki­ AFGHANISTAN stan continued. The number of Afghan refugees in Pakistan and Iran was esti­ mated to be over five million, the largest refugee group in the world. Information about human rights viola­ tions continued to be difficult to obtain and corroborate as a result of the war and social dislocation, but there was some relaxation in the government's stance to­ wards human rights investigators. For ex­ ample, Professor Felix Ermacora, the Spe­ cial Rapporteur appointed by the United Nations in 1984 to examine human rights in Afghanistan, was allowed to visit Afghanistan fo r the first time in July-August 1987. How­ More than 7,000 political prisoners were ever, the government did not respond to said by the government to have been re­ Amnesty International's repeated requests leased by the end of July, following the for info rmation. announcement of a general amnesty in In April Afghanistan ratified the UN January. Despite the amnesty, some pol­ Convention against Torture. itical prisoners sentenced after trials Amnesty International continued to re­ which did not conform to international ceive reports of torture and executions of standards remained in prison. New re­ Soviet and Afghan soldiers and of support­ ports of torture and ill-treatment of pris­ ers of the government by opposition oners were received, although on a lesser groups. Amnesty International condemns scale than in previous years. The govern­ the torture or killing of prisoners under ment fa iled to take any action to clarify any circumstances, whether by govern­ the fa te of those who "disappeared" in ment or non-government fo rces. detention fo llowing the April 1978 revolu­ The general amnesty decreed on 25 tion. The death penalty continued to be January led to the release of 5,000 political used but the government stopped prisoners by the end of April and a fu rther announcing the imposition of most death 2,000 by the end of July, according to the sentences and executions. There were also authorities. The number of releases could new reports of extrajudicial executions by not be independently confirmed. Many Soviet troops and Afghan security fo rces. who were "released" were taken straight On 1 January Dr Najib (who later be­ into military service. came Afghanistan's President and reverted Four known prisoners of conscience, to his fo rmer name of Najibullah), the all former academics at Kabul University, General Secretary of the ruling People's were released. Professor Hasan Kakar was Democratic Party of Afghanistan (PDPA), released on 2 March and the others - announced a policy of national reconcilia­ Professor Habiburahman Halah, Dr Shuk­ tion which was backed by the Soviet Un­ rullah Kohgadai and Dr Osman Rustar - ion. He said the policy would be based on were released in the fo llowing months. six principles including an amnesty, a They were said by a senior official of Kabul six-month cease-fire and an end to the war. University to have been restored to their However, the reconciliation policy was former posts. Five other prisoners who rejected by all sections of the armed were believed to be possible prisoners of z opposition who perceived it as an attempt conscience were also released, but some 30 � '" to persuade them to disarm while Soviet others, all members of the Afghan Mellat, z fo rces remained in Afghanistan. As a re­ the Afghan Social Democratic Party, were �o z sult, fighting intensified during the year, still believed held at the end of 1987. :. ,.. particularly in the north and in the south­ The government did not respond to '" eastern province of Kandahar, giving rise repeated requests for information about ,., ;g'" to many civilian as well as military casual­ the fate of people, including children, who ... .. ties. One authoritative source estimated "disappeared" afterbeing detained, parti­ ID OD that there were over14 ,000 civilian casual- cularly between 1978 and 1982. One ofthe OD ASIA AND THE PACIFIC / AFGHANISTAN / AUSTRALIA

148 cases being investigated is that of Shams announcement of the amnesty fo r political Rahman, who "disappeared" at the age of prisoners and to ask fo r a list of all prison­ 15. ers who were to benefit from the amnesty. A pattern of torture and ill-treatment of In February Amnesty International gave prisoners in Afghan security police inter­ the Afghan authorities details of the 35 rogation centres, in prisons and at military political prisoners belonging to the posts continued, but appeared to be on a Afghan Me//ot and of Or Mohammad lesser scale than in previous years. At least Younis Akbari, a nuclear physicist under four new cases oftorture occurred between sentence of death since 1984. It asked January and June 1987 in Bamian, Faryab, whether these prisoners were to benefit Ghazni and Kabul provinces. One prisoner from the amnesty declared under the was held in Ghazni in May 1987, and was national reconciliation policy. On 15 May, alleged to have been given electric shocks Amnesty International wrote to the Chair­ with wires attached to his ears, tongue, man of the Supreme Commission for fingers and toes while detained by the National Reconciliation, asking him to security police. Another prisoner was confirm Professor Kakar's release and kicked in the chest and beaten so severely asking him whether the other three prison­ at Pul-e-Charkhi Prison, Kabul, that he was ers of conscience, the 35 political prison­ still coughing up blood when interviewed ers of concern to Amnesty International by Amnesty International in November and Or Akbari would benefit under the 1987. Subsequently, both prisoners were amnesty. There was no response. released and sought refuge in Pakistan, In September the organization wrote to where they both required psychiatric the governmentinquir ing about the health counselling as a result oftheir treatment in of a blind woman prisoner. In this, as in all detention. In a speech before the UN Com­ other cases, the government fa iled to re­ mission on Human Rights in February, spond to Amnesty International's requests Amnesty International described the sys­ fo r basic information about prisoners. tematic torture and ill-treatment of prison­ ers in 1986 and earlier. There were a number of allegations of extrajudicial executions of Afghan civil­ AUSTRALIA ians by Soviet and Afghan troops. For example, 17 civilians, all males aged from 14 to 60, were alleged to have been killed in August by government troops at Mush­ wa ni village in the Saraikhoja district (also known as Mir Bacha Kot district) of Kabul province. They were said to have been killed with grenades after which their bodies were dumped in a well, apparently in reprisal for the killing of some govern­ ment troops by guerrillas in an earlier incident near the village. In another case, an eye-witness re­ At least 17 deaths in custody of abor­ ported that 14 people, including two iginals were reported during 1987. The

GO women and a child, were killed on 16 high incidence of deaths in custody of GO :!: November 1986 when Soviet troops at­ aboriginals and Torres Strait Islanders � tacked a bus travelling along a road in since 1980 resulted in the appointment of � Fakiran sub-district, about five kilometres a Royal Commission of Inquiry, ... '" from the town of Zargonshahr in Paktika Prime Minister Bob Hawke announced ...l C Z province. In all, 35 people were said to be in August the establishment of a Royal o in the vehicle when it was attacked. There Commission of Inquiry to investigate the z� had apparently been no recent fighting in incidence of deaths in custody of aborigin­ '" ... the area but Soviet fo rces had been dis­ als and Torres Strait Islanders, which have ! couraging movement as it is close to the been disproportionately high this decade � Pakistan border. in relation to the rest of the population. In ... z Amnesty International sent a telex to Or most cases coroners have attributed the :lE c Najibullah on 21 January to welcome the deaths of individual aboriginal prisoners ASIA AND THE PACIAC / AUSTRALIA / BANGLADESH

to natural causes or suicide. Many de­ opposition parties calling for the resigna­ 149 ceased prisoners' fa milies. however. have tion of President Hossain Mohammad questioned the impartiality and thorough­ Ershad and his government. The Special ness of official inquests and investigations Powers Act (SPA) of 1974 was widely used and suggested that some deaths might have to detain supporters of the opposition been the result of ill-treatment. without formal charge or trial. President The Royal Commission. which was Ershad dissolved Parliament on 6 Decem­ headed by a Federal Court judge. began its ber and general elections were scheduled hearings in November and said it would for 1988. investigate at least 64 deaths in custody A new wave of opposition to the gov­ since 1980. 17 of them between the begin­ ernment emerged in July. when a bill was ning of 1987 and mid-November. passed in Parliament enabling military Amnesty International wrote to the personnel to be involved in rural adminis­ Prime Minister in August to welcome the tration. A 54-hour protest general strike establishment of the Royal Commission. starting on 22 July was called by the major The government replied in September. opposition party in Parliament. the Awami saying that ministers fo r justice in the League (AL). and seven other parties allied Australian states were considering a draft with the AL. a seven-party alliance led by code of procedures to prevent further the Bangladesh Nationalist Party (BNP). deaths of aboriginal prisoners. and a third alliance of five left-wing parties. Dozens of opposition party members BANGLADESH involved in organizing the strike were arrested in the days preceding 22 July and placed in preventive detention. They in­ cluded Motia Chowdhury of the AL. and Mohiuddin Ahmed and Abdur Razzak. President and Secretary General respec­ tively of the Bangladesh Krishak Sramik Awami League (BAKSAL). Further arrests occurred during the general strike and during demonstrations. when at least 10 people were reported to have been shot dead by police. Some people were arrested after the end of the strike. including Nir­ mal Sen and Mainuddin Khan Badal. two leaders of the alliance of five left-wing parties. who were arrested on 26 July. Kazi Thousands of people, including hundreds Arif Ahmed and SharifNurul Ambia. lead­ of prisoners of conscience, were detained ers of a faction of the ]aUya Samajtantrik in connection with a series of strikes and Dol OSD). the National Socialist Party. demonstrations organized by opposition which belongs to the five-party alliance. political parties. Some non-combatant were also detained a few days later. villagers in the Chillagong Hill Tracts, an Many of those arrested were detained area where there is armed opposition to for relatively short periods. On 26 July. 167 the government, were reported to have people were released in Dhaka. the capital. been extrajudicially executed by security Motia Chowdhury. Mohiuddin Ahmed fo rces early in 1987, but reports of such and Abdur Razzak were freed on 3 August. incidents were fa r fe wer than in 1986. when 303 prisoners. including an unspeci­ Allegations that criminal suspects were fied number of prisoners held in adminis­ tortured in custody persisted. Legislative trative detention. were released on the provision fo r the death penalty was ex­ Muslim holiday of Eid-ul-Azha. However. tended and at least 11 people were sen­ Nirmal Sen. Mainuddin Khan Badal. Kazi tenced to death and an unknown number Arif Ahmed and Sharif Nurul Ambia were executed. still in detention at the end of the year. A state of emergency was proclaimed They were held under Section 3 ofthe SPA. ... on 27 November during protests by par­ The SPA empowers local authorities to '" ... liamentary and extra-parliamentary detain without fo rmal charge or trial fo r ... ASIA AND THE PACIFIC / BANGLADESH

150 up to 30 days anyone alleged to have two months, half of whom had been committed a "prejudicial act" likely or arrested under the SPA. One of those de­ intended "to endanger public safety or the tained under the SPA was Ataus Samad, a maintenance of public order". However, journalist working for the British Broad­ detention orders under the SPA may be casting Corporation. Police officials said renewed indefinitely if approved by the he was arrested because of government Ministry of Home Affairs. concern about his reporting of the opposi­ In mid-September the three main tion's protests, although he was not fo r­ opposition alliances, as well as the mally notified at the time of his arrest of Jamaat-e-lslami. Party of , the grounds for his detention. He was announced a succession of ra llies and released on 8 December. meetings culminating in a "siege ofDhaka" From the end of November there were on 10 November, when mass processions phased releases of detainees. Four senior would converge on the capital. On 17 political leaders were released on 30 October police arrested retired army Briga­ November and five more a few days later. dier Hanan Shah, a national leader of the Sheikh Hasina, Begum Zia and 17 others BNP. More leaders and members of opposi­ were freed on 10 December and a further tion parties were arrested in late October, 341 people held under the SPA were freed fo llowing a 48-hour strike called by the on 16 December, a national holiday. It was trade union federation, Sromik Kar­ not clear whether all those freed on 16 machari Oikya Parishad (SKOP), to press December had been detained in connec­ workers' demands. During the night of tion with the recent opposition protests. 25/26 October dozens of people were Despite these releases, many hundreds of arrested under one-month detention government opponents were still detained orders under the SPA, including two AL throughout the country at the end of 1987, members of Parliament, Rashed Mosharraf including Shamsul Huq Chowdhury, re­ and A.K.M. Feroze. Mass arrests occurred tired Brigadier Hanan Shah, Rashed across the country throughout the remain­ Mosharraf and A.K.M. Feroze. der of October and early November. Some In the Chittagong Hill Tracts, killings of demonstrators were arrested during vio­ law enforcement personnel and others by lent clashes with law enforcement officers, the armed tribal opposition the Shanti but many were detained solely because of Bahini (Peace Forces), continued. In late their involvement in peaceful political 1986 and the opening weeks of 1987 there protests. were renewed reports of human rights On 8 November the Dhaka Police Com­ violations there in the course of intensive missioner imposed a ban on gatherings of security fo rce operations in the northern more than five people in an attempt to districts. For the remainder of the year, prevent the opposition protests planned however, there were markedly fe wer of for two days later. However, the proces­ these reports than during the preceding 12 sions went ahead on 10 November. There months. were clashes between police and demon­ According to reports received early in strators which resulted in several deaths ­ the year, some 40 members of the security three according to the authorities, more fo rces, accompanied by non-tribal civil­ than 10 according to the opposition. Be­ ians, surrounded a tribal village on 29 gum Khaleda Zia and Sheikh Hasina December 1986 and set fire to the huts of

... Wajed, leaders of the BNP and AL respec­ tribal people. Several women from Bouri­ ... � tively, were put under house arrest the para village, in Panchari sub-district, were ti: following day. Other government oppo­ reportedly raped by non-tribal men while nents were also arrested and served with the security forces looked on, and two of '"� '" detention orders under the SPA, including the tribal men were alleged to have been ..... c z Shamsul Huq Chowdhury, President ofthe killed. Some others were reported to have o Supreme Court Bar Association. There been beaten and two to have been hung �z were further strikes and processions dur­ upside down from a tree where burning '" '" ing the rest of November, and continuing wood was producing a choking smoke. � arrests and detentions. One woman related that she witnessed her � On 1 December the Minister of Home husband's death: she said he was beaten � z Affairs announced that 4,832 people had and then stabbed by a member of the lIE c been taken into custody over the previous security forces. ASIA AND THE PACIFIC I BANGLADESH I BRUNEI DARUSSALAM

The conflict in the Chittagong Hill regret at the increased number of execu­ 151 Tracts resulted in thousands of tribal vil­ tions in 1986. lagers crossing into India in 1986 and early Amnesty International took up with the 1987. By mid-February, Indian officials government human rights violations in the were estimating their number at some Chittagong Hill Tracts and asked whether 40,000 and the Bangladesh Government at they had been the subject of official inves­ approximately 25,000. The two govern­ tigation. In September Amnesty Inter­ ments discussed procedures for their for­ national made statements on these viola­ mal repatriation but without result by the tions to the United Nations Sub­ end of the year, although a small number of Commission on the Prevention of Dis­ tribal villagers were reported by the Bang­ crimination and Protection of Minorities. ladesh news media to have returned Before the end of the year, the government voluntarily. agreed that an Amnesty International de­ National newspapers reported several legation should visit Bangladesh in 1988 deaths in custody of criminal suspects, to discuss human rights in the Chittagong allegedly as a result of torture. As in Hill Tracts with relevant ministers and previous years, when such incidents officials. gained public attention, the authorities announced that they had established in­ vestigations either by police officials or by a magistrate. However, information on the BRUNEI findings of the investigations and action taken after them was not made publicly DARUSSALAM available. A number of cases brought against the police by relatives of people who had died in police custody were understood to be wai ting to be heard by the courts. In January the Council of Ministers announced that the SPA, which provides for trials by special tribunals for certain offences, would be amended to introduce the death penalty fo r smuggling. Follow­ ing increasingly frequent bomb explo­ sions, in May the Explosive Substance Act of 1908 and the Explosives Act of 1884 were also amended to provide the death penalty as the maximum punishment fo r causing an explosion likely to endanger Some 20 political prisoners were be­ life. lieved to be held in detention without At least 11 people were sentenced to trial throughout 1987 under emergency death during the year. All were convicted legislation in fo rce since 1962, accused of of murder. The number of executions was involvement in a rebellion against the not known. In July the Minister of Home Sultan of Brunei led by the Partai Rakyat Affairs announced in Parliament that 25 Brunei (PR8), Brunei People's Party. people had been hanged in 1986 and 11 in They are believed to be held not fo r their > K 1985, a considerable increase over the role in the 1962 rebellion but as a z ,., previous two years. general deterrent to political activity. � Amnesty International wrote to the Among them were five prisoners of con­ � z -< Bangladesh Government on a number of science who spent their 25th year in ,., '" occasions, and fo llowing the arrests in detention without having been convicted z July, October and November called fo r the of any crime. o� z release of those arrested on account oftheir Since Brunei Darussalam became inde­ > r- non-violent political activities, expressing pendent in January 1984 at least 30 pre­ '" concern at the widespread use of adminis­ ,., viously unacknowledged political de­ � trative detention provisions. Amnesty tainees have been released, most of whom � International appealed fo r the commuta­ had been held without trial under :D tion of all death sentences and expressed Emergency Orders since the mid-1970s. g: ASIA AND THE PACIFIC / BRUNEI DARUSSALAM / BURMA

152 Among the seven released in 1987 was Awang Mohamad Noor bin Nasir, who had been arrested in 1978 for alleged "subversive activities", including distri­ buting leaflets on behalf of the outlawed PRO. Also released was Awang Idris Yaakub, a Malaysian who had spent 13 years in detention without trial for alleged subversion. The leaders of one of only two reg­ istered political parties in the sultanate, the Brunei National Democratic Party (ONOP) reiterated their call on the Sultan (who is also the country's Prime Minister and Minister of Defence) to lift the Karen, Kachin, Mon, Kayah and Shan emergency laws, and to restore the provi­ States. There were also continuing allega­ sions of the 1959 Constitution providing tions of torture and arbitrary or unfair for general elections. imprisonment of Burmese Muslims from Throughout the year Amnesty Interna­ the Rakhine State. Several unfair politi­ tional continued to call fo r the release of cal trials were reported, as were a number the five prisoners of conscience in Brunei of arrests on political grounds. Darussalam and to express concern about Several insurgent organizations advo­ the use of long-term detention without cating greater autonomy for minorities trial. No information was made public by continued to attack military and civilian the authorities about any political prison­ targets, despite army operations against ers during 1987, but it was believed that at them since 1984 which have preci pitated a least 20 were being held at the sultanate's flow of 15,000 to 17,000 refugees into main place of detention in Jerudong. Most neighbouring Thailand. of the prisoners of conscience were in Because the Burmese Government se­ their late 50s or older and were reported verely restricts access to the country, most to have been allowed regular family visits information about human rights violations in recent years. No response was received was obtained from refugees and related to any of the organization's appeals and primarily to conditions in Karen State. inquiries. According to eye-witnesses, Burmese In May Amnesty International submit­ troops shot and killed farmers suspected of ted information about the imprisonment association with insurgent activities. In of prisoners of conscience and detention some cases these suspIcIons were without trial in Brunei Darussalam to the apparently based on the quantity of rice or United Nations under its procedure for money fo und in the victims' houses, their confidentially reviewing communications presence outside their villages, or their about human rights violations. manner of dress. For example, Maung­ Ngwe Khay, a 22-year-old student, was reportedly shot dead in his brother's fields near Naw Kwar village in January, BURMA apparently because troops thought his

co clothes and hairstyle resembled those of co � insurgent military leaders. � New evidence emerged that extrajudicial Other first-hand accounts described executions, torture and the arbitrary summary executions and beatings ofKaren '"� Cl< arrest and detention of prisoners of con­ people taken by army units to serve as ...J C Z science and other political prisoners were porters or guides. Some were apparently o commonplace in several parts of Burma. conscripted at random, while others were �z Residents of these areas are primarily taken because they were suspected of Cl< '" ... members of ethnic minorities. Available opposition sympathies or of being critical !: reports suggested that most serious hu­ of the Burmese army or government. A. � man rights violations were committed by Jain, a farmer in his thirties, was reported­ '" z Burmese troops during military opera­ ly shot dead in September by soldiers in Ya :lE c tions against insurgent armies in the Pu village when they recognized him as a ASIA AND THE PACIFIC I BURMA I CHINA

porter who had run away after he became The government withdrew the notes on 5 153 so ill that he could no longer carry his September amid suggestions that they assigned load. served as the financial base of several Torture of political prisoners, some­ opposition groups. Dozens of additional times resulting in death, was reportedly arrests were reportedly carried out after widespread. Victims included those held students and merchants demonstrated in in both temporary detention and pro­ Rangoon and other cities immediately fol­ longed incommunicado detention without lowing the 5 September note withdrawal, charge or trial. Former detainees inter­ which reduced the savings of many viewed by Amnesty International de­ citizens. Most detainees were said to have scribed torture in military or police cus­ been released by mid-October. One uni­ tody to extract "confessions" or informa­ versity student detained in connection tion about alleged accomplices, or to pun­ with a violent riot in Mandalay on 18 ish them fo r suspected political offences. September, a Chin named Peter, allegedly Sustained beatings or kickings were most died from ill-treatment in police custody. often described. Electric shocks, near­ On 15 June Amnesty International drowning, burning with cheroots (Bur­ wrote to President U San Vu about the mese cigars) and infliction of severe pain many allegations that members of ethnic with rough bamboo or wrought-iron bars minorities had been subjected to torture were also alleged. Some detainees were and political killings. The organization reportedly held in pits shaped like in­ submitted a number of recommendations verted cones within army field prisons, on investigating alleged abuses and ensur­ each pit widening at the bottom to hold ing their prevention. several prisoners under conditions of se­ Amnesty International also raised the vere psychological and physical stress. cases of 34 Muslims of Bengali origin In September military interrogators at believed to have been held for up to 31 Pwa Gaw army base allegedly tortured and years on suspicion of being illegal immi­ executed two people, Myaw Myaw and grants. Amnesty International was con­ Maung Than Myint, and beat to death a cerned that they might be imprisoned be­ third, Thi Lwin. The army had detained cause of their ethnic origin and religion. them and 15 other Karen people without The detainees included Noor Jahan, im­ charge on suspicion of aiding the Karen prisoned at the age of one with her mother National Union, an insurgent group. The and held for 30 years. other prisoners, including two Buddhist In November and December Amnesty monks and two women, were also said to International launched appeals to the cen­ have been severely abused during inter­ tral government and leading civilian and rogation and held in underground pits. military officials in Karen, Mon and Information was received about a num­ Kachin States on behalf of several political ber of political trials which appeared to be prisoners reportedly tortured or ill-treated unfair, either because statements obtained during detention without charge and, in by torture or under duress were accepted two cases, sentenced to death after they as evidence or because the courts were were fi nally brought to trial. subjected to improper military interfer­ ence or pressure. For example, Menh Tun Va, a Mon pharmacist, was brought to trial in July. lie had reportedly been arrested in CHINA • K June and accused of insurgency, and had z ,., allegedly been tortured by interrogators of Cl> � Army Battalion 31. Several hundred people, including pris­ Z oners of conscience, were arrested after .... A number of politically-motivated ,., '" arrests were reported. Some 200 military street protests or fo r unapproved reli­ z officers were detained in February and gious activities. Some of those arrested o� z March for alleged criticism of government were detained for short periods, while • r- economic policies. Twenty to 30 other others were charged and remained in '" people were reportedly arrested in August ,., detention. New information came to light � and accused of spreading news that the about other long-term prisoners of con­ � .. government intended to withdraw several science. The use of torture by police was ID OD high-value banknotes from circulation. reported from various parts of the coun- OD ASIA AND THE PACIFIC / CHINA

154 activities. Some were later tried and sen­ tenced. Liu De, a journalist from Sichuan province. was officially reported in February to have been sentenced to seven years' imprisonment on "counter­ revolutionary" charges for criticizing offi­ cial policies during a speech. He was the first person reported to have been sen­ tenced to imprisonment for his political opinions since the start of the campaign against "bourgeois liberalization". In another case, Yang Wei, a Shanghai student, was sentenced in December to two years' imprisonment for "spreading try, despite official efforts to expose and counter-revolutionary propaganda", He halt such abuses. The death penalty con­ was alleged to have put up "reactionary tinued to be used extensively. Although no slogans" and to have written to students in official statistics were published, over Beijing and Guangzhou urging them to join 200 death sentences were reported, in­ in the January protests. He had been cluding 132 cases where execution was arrested in January and reportedly held carried out shortly after sentencing. incommunicado until his trial on 21 De­ Early in 1987 the official Chinese press cember, which was officially stated to have reported that the country's policy on hu­ been held in "open court". Unofficial man rights had been revised so that China sources, however, claimed that entry to the could participate "more actively and spon­ trial was severely limited and that foreign taneously" in the international human journalists and diplomats were not permit­ rights movement. Discussions began about ted to attend. legal and structural reforms due to be Members of various Protestant groups introduced over the next five years, some were reported to have been arrested in of which might provide remedies against some 10 provinces during 1987. Most were abuse of power by officials, including hu­ held for relatively short periods varying man rights violations. However, it re­ fro m a few days to three months, but some mained unclear whether the projected re­ remained in custody. Some are reported to forms would result in fundamental have been assigned to "re-education changes in the treatment of prisoners. through labour", an administrative An official campaign against punishment which involves long-term de­ "bourgeois liberalization" was also tention without charge or trial. Most of launched in early 1987, after students held those arrested belonged to "house chur­ demonstrations in favour of greater demo­ ches", meeting places where Christians cracy and freedom. Academics, journalists gather to worship. Several house churches and others were dismissed from their jobs were reportedly closed down in certain and some members of the Chinese Com­ areas. munist Party (CCPj were removed from Those detained on account of their their posts. Hu Yaobang, General Secretary religious beliefs included six leaders of a of the cCP Central Committee, resigned in denomination known as the "Jesus fa mily"

00 January fo r making "mistakes on major who were arrested in April in Jiangsu 00 � issues of political principle". province and 72 Christians who were ... cCP '" No prominent intellectuals or arrested in early 1987 in northern Hebei o CL members were reported to have been province. Most are reported to have been '" '" arrested, but by February, 20 people, released after relatively short periods. In .... c z mostly described as workers, were said by August some 40 Christians were arrested o the authorities to have been detained in while attending a religious meeting in

z� connection with the student demonstra­ Shanxi province: some of them were re­ '" '" ... tions. Some were released after relatively portedly ill-treated by police to extract ! short periods but at least 15 people were "confessions" . >- charged with offences ranging from Several hundred people were detained '"t;; z "creating disturbances" and "damaging in Lasa, the capital of the Tibet Auton­ :I c property" to "counter-revolutionary" omous Region, after three public demon- ASIA AND THE PACIFIC / CHINA strations and a riot in late September and Wenli (see Amnesty International Report 155 early October. The demonstrations were 1987) was reported to have returned to a led by Tibetan monks carrying flags and normal prison regime after spending sev­ calling for Tibet's independence. The de­ eral months in solitary confinement in a monstrations were reportedly peaceful, strict regime cell in 1986. Liu Shanqing, a but a riot broke out on 1 October after Hong Kong resident serving a 10-year pris­ police arrested a group of demonstrators on term fo r his association with members and beat them publicly. A crowd gathered of the "democracy movement", was re­ around a police station where the demon­ ported in late 1987 to have been placed in strators had been taken, threw stones and solitary confinement. He was also required set the police station on fire. According to to undergo "re-education". The reasons fo r eye-witnesses, the police then opened fire, this change of regime were not known. killing a number of people, including chil­ Several prisoners of conscience were dren and some monks. Chinese officials released during the year, some before the later denied that the police had opened end of their sentence. They included Lu fire, claiming that rioters had seized police Lin, the editor of an unofficial journal who weapons and fired on other people. had been imprisoned in Beijing since No official information was made pub­ 1981, and Wang Chuhua, a Roman Catho­ lic about the number of people detained lic priest imprisoned since the 1950s who during the protests or about the charges was released in November. Cuo Fude, against them. Unofficial sources, however, another Roman Catholic priest, was re­ suggested that between 300 and 600 Tibet­ leased after serving only part of his seven­ ans were arrested during October, includ­ year sentence. ing participants in the 1 October riot and The use of torture is prohibited by law. others held after demonstrating peaceful­ Despite an official drive which began in ly. Some were released after a few days, but 1985 to publicize torture and punish re­ many were still in custody at the end ofthe sponsible officials, cases of torture by year, apparently held incommunicado. police were reported from various parts of Some were reported to have been tortured China. In April the Chief Procurator indi­ in detention. cated that investigating and redressing Unoffi cial sources reported in late 1987 cases of torture remained a priority. He that two prisoners of conscience had died stated that the procuracies had handled in prison, but the authorities denied this. more than 32,000 "legal-disciplinary" One was Wei Jingsheng (see Amnesty cases in the previous year, most of which International Report 1987), who was said involved "extortion of confessions by tor­ in November to have died after several ture, illegal detention and imprisonment, years' illness while serving a 15-year pris­ illegal search, the bending of law for per­ on sentence imposed in 1979 for "counter­ sonal ga in and major accidents due to revolutionary" offences. His death re­ negligence". Another Chinese official portedly resulted from poor prison condi­ stated in September that the number of tions and inadequate medical care. A human rights abuses, including the use of Ministry of Justice official denied that he torture by the police and illegal detention, had died, but fa iled to provide details of had increased by 13 per cent during the his health or whereabouts. first half of 1987 compared with the same Ceshe Lobsang Wangchuk, a 74-year­ period in 1986. old Tibetan lama imprisoned for advocat­ The official press continued to publi­ > ing Tibetan independence (see Amnesty cize cases in which police or other officials I: '"z International Report 1987), was also said were found guilty of torture. Some of those to have died in prison on 4 November in convicted, however, received sentences � i unknown circumstances. He was reported­ which appeared to be light for serious acts '"-< '" ly ill-treated in detention on several occa­ of torture. The official press also suggested z sions. His death was denied by the Foreign that some torture allegations were not � o Affairs Office of the Tibet Autonomous investigated, and that some of those re­ z ,..> Region but, according to Tibetan exile sponsible for torture were not punished, '" sources, his body was given to relatives for due to their links to local CCP leaders. � burial in early November. According to unofficial sources, people � .. New info rmation also came to light arrested for their Protestant beliefs were � .. about other prisoners of conscience. XU tort ured by police to extract "confessions". .. ASIA AND THE PACIFIC I CHINA I FIJI

156 Some were allegedly beaten severely, had During 1987 Amnesty International needles inserted under their fingernails asked the authorities on several occasions and were subjected to the "flying aero­ about people arrested for political reasons plane" - that is, made to stand, bent fo r­ and urged the release of all prisoners of ward at a 90 degree angle, with their arms conscience. Amnesty International sought spread out sideways. Some were allegedly assurances that prisoners would not be made to kneel on sharp stones, and others ill-treated and urged impartial investiga­ to kneel with stones placed behind their tions of all torture allegations. It also knees in a "cage" too small to allow them to sought the commutation of all death sen­ stand up. tences reported. Some of those arrested as a result of the In March Amnesty International sub­ protests in Tibet were also reportedly mitted a memorandum to the government beaten and ill-treated. They included a which acknowledged recent government group of about 70 or 80 young monks and efforts to halt the use of torture, but noted lay people arrested during a demonstra­ the absence of adequate legal safeguards tion on 6 October. Eye-witnesses said that against torture or ill-treatment of prison­ at the time of their arrest they were re­ ers. It proposed several measures to pre­ peatedly beaten by police with rifle butts vent torture, including the introduction of and wooden truncheons, kicked and limits on incommunicado detention, safe­ struck in the face with leather belts. As a guards during interrogation, and a review result, some apparently sustained head of administrative detention. The govern­ wounds, broken ribs and other injuries. ment did not respond to the memorandum, Others were allegedly tortured in deten­ which subsequently fo rmed the basis of a tion. Some prisoners were fo rced to stand report entitled China, Torture and III­ for long periods bent fo rward at 90 degrees treatment of Prisoners, published in with heavy weights around their necks, September. Responding to that report, a assaulted with electric shock batons or Foreign Ministry spokesman was reported beaten with iron rods. to have accused Amnesty International of The death penalty continued to be used being prejudiced against China, but also for a wide range of offences. During 1987 said "it was inevitable that human rights Amnesty International documented over abuses would occur while China was still 200 death sentences, of which 132 were developing its legal system in order to put carried out shortly after sentencing. These an end to such practices." figures were believed to represent only a Amnesty International also expressed fraction of the total number of death sen­ concern about torture in China in a speech tences and executions throughout the to the United Nations Sub-Commission on country. Among those executed were Prevention of Discrimination and Protec­ people convicted of drug-smuggling, cor­ tion of Minorities in August. It suggested ruption, producing and selling poisonous that torture was partly the result of insuffi­ alcohol, robbery, theft, swindling, murder, cient legal safeguards fo r detainees' rights rape, embezzlement, running a brothel and in Chinese law, but this was contested by a showing pornographic fi lms. Chinese Government representative. She Mass sentencing ra llies attended by acknowledged, however, that there were thousands of people continued. In Novem­ "individual incidents" of violations of de­ ber an official from the Supreme People's tainees' rights.

.. Court was quoted as saying that local .. � authorities had exceeded their authority by parading condemned criminals at mass :;: ra llies. He reportedly said that a ra lly in FIJI '"� '" Beijing stadium in August 1983 was a -' c z mistake made by over-zealous police, who o had since been warned not to repeat such Two military coups on 14 May and 25 �z spectacles. However, 10 people were ex­ September resulted in hundreds of arrests '" '" ecuted in July in Beijing after being parad­ of prisoners of conscience, among them ! ed in front of 18,000 people in a stadium. trade unionists, politicians and journal­ � In September two men sentenced in Lasa ists. All were released after periods rang­ '"en z were brought before a rally attended by ing from a few hours to a week; some were a c 15,000 people, before being executed. ill-treated while in custody. ASIA AND THE PACIFIC I FIJI

ionists, shopkeepers and supporters of the 157 Back to Early May Movement, an organiza­ tion advocating the restoration of pre-coup political institutions in Fiji. They were held without charge for brief periods ranging from a few hours 10 fo ur days, sometimes without being allowed to contact friends, fa mily or lawyers. Arrests continued after the second coup, and some of those held were reportedly beaten, immersed in sewage and subjected Elections on 12 April led to the unex­ to other cruel or humiliating treatment. pected victory of a coalition led by Or On 14 October Colonel Rabuka issued Timoci Bavadra, who became Prime the Fundamental Freedoms Decree which Minister, over the Alliance Party which suspended the right to freedom of express­ had ruled Fiji since independence. Ethnic ion with regard to political activity. It also violence broke out as some indigenous reaffirmed existing emergency regulations, Fijians who supported the Alliance pro­ which allowed indefinite detention without tested against the prominence of ethnic trial, with review by an independent judi­ Indians in Or Bavadra's multiracial coali­ cial body at six-month intervals. By the end tion. They expressed fears that the new of 1987, however, no political prisoner had government threatened the interests of been detained for longer than a week. The ethnic Fijians, who are slightly outnum­ decree also gave the government power to bered by Indians in the population as a limit the rights to "life, liberty, security of whole. the person and the protection of the law" in On 14 May Lieutenant Colonel Sitiveni the interests of security, public order and Rabuka, then the third-ranking army offi­ morality. cer in the country, arrested Or Bavadra and Amnesty International wrote to the gov­ other members of the government and ernment in March to inquire about press suspended the Constitution. The reports of a death in police custody of a Governor-General, who at the time refused recaptured prisoner. In April it wrote to Or to acknowledge the legitimacy of the mili­ Bavadra, the Prime Minister fo llowing his tary takeover, declared a state of emergen­ election victory. to urge his government to cy and established an interim government. ratify the major international human rights By August, negotiations led by the instruments. In August Amnesty Inter­ Governor-General were underway be­ national wrote to the Governor-General and tween representatives of the deposed Colonel Rabuka expressing concern about coalition and the Alliance to amend the the use of emergency legislation to arrest Constitution to "strengthen the representa­ people for the non-violent expression of tion of indigenous Fijians". An agreement their political beliefs. It issued an interna­ was reached on 25 September. That even­ tional appeal after the second coup for the ing, Colonel Rabuka led a second coup, release of 15 public figures who had been saying that the achievements of the first arrested. including Or Bavadra. All 15 were were jeopardized by the new agreement. On considered prisoners of conscience. In 7 October he declared Fiji a republic and the November Amnesty International publi­ Governor-General then resigned. On 5 De­ cized its concerns about the restrictions on > I: cember, Brigadier Rabuka (as he had be­ basic rights in the Fundamental Freedoms z ,., come) returned power to a civilian govern­ Decree. � ment headed by the former Governor­ z � General as President and fo rmer Alliance ,., '" Party Prime Minister Ratu Sir Kamisese z Mara as Prime Minister. Emergency regula­ � CS z tions remained in fo rce. > r- Over 100 people were arrested by the '" ,., ." police and the Royal Fiji Military Forces o '" between the first and second coups. Among � - them were deposed Cabinet members and OD '" other supporters of the coalition, trade un- '" ASIA AND THE PACIFIC IINDIA

158 detainees in Punjab to be held fo r six months before review by an Advisory INDIA Board. Previously, as in the rest of India, the period was seven weeks. Under the NSA, detainees in Punjab may be held fo r two years compared to one year elsewhere. In amending the NSA, the government re­ introduced provisions which had earlier been declared unconstitutional by the Punjab and Haryana High Court. Many people were detained under the NSA throughout India but it was imposs­ ible to estimate their number. Some, in­ cluding three Sikkimese prisoners of con­ science released in January, were held for the maximum period. Leaders of the Jhar­ khand movement seeking a separate state Several thousand political detainees were for the largely tribal population living in held without charge or trial under special Southern Bihar and neighbouring states, "anti-terrorist" laws and preventive de­ and political and religious leaders in Pun­ tention legislation, which lacked basic jab, including leaders ofthe Sikh Akali Dal legal safeguards required by internation­ party, were also detained under the NSA. al human rights standards. Hundreds had Some 366 Sikhs originally detained been held without trial for more than under the NSA in 1984 remained in custody three years, among them over 350 Sikhs despite repeated government assurances detained in Jodhpur jail since June 1984. that their cases would be reviewed. Pro­ Some were prisoners of conscience. There ceedings against them had not progressed were reports of torture or ill-treatment of since 1985. prisoners from most states and dozens of The government also strengthened the deaths in custody. Dozens of people were provisions of the Terrorist and Disruptive also sentenced to death, and there were an Activities (Prevention) Act (TADA) (see unknown number of executions. Extra­ Amnesty International Report 1986). It judicial executions by police and army created special courts whose proceedings were reported from various areas includ­ would be conducted entirely in camera. A ing Punjab, Manipur and Uttar Pradesh. confession to a senior police officer could Political violence was widespread, par­ be admitted as evidence if the police had ticularly in Punjab. The central govern­ "reason to believe" that it was "made ment dismissed the state government and voluntarily", even though the Indian Evi­ imposed direct rule from Delhi in May. dence Act has long required confessions to Officials reported that 1,216 police officers be recorded before a magistrate as a safe­ and unarmed civilians had been killed in guard against abuse. The burden of proof Punjab, many by members of armed Sikh was shifted onto the accused. Bail was also groups advocating an independent Sikh made more difficult to obtain: Sikhs were state. There was also violent opposition in particularly unlikely to be released on bail. West Bengal, where the Gurkha National However, in December the Supreme Court

GO Liberation Front continued its campaign asserted that all citizens should receive GO � for a separate state within the Indian un­ equal consideration. Several of the Act's provisions, notably those changing the li: ion, and in Andhra Pradesh where over 20 police officers were killed and eight offi­ presumption of innocence and ensuring '"� '" cials kidnapped by Naxalite (Maoist re­ trial in camera, could contravene interna­ ... c z volutionary) groups . tional human rights standards. The broad o The government fu rther strengthened definition of "disruptive activities" in the z� special and preventive detention laws, Act could permit imprisonment for ex­ '" '" ... which already lacked important legal safe­ pressing peaceful political views. ! guards. The National Security Act (NSA), In August the Minister of State for � which permits the authorities to detain Home Affairs said that special courts had '"Cl) z people without charge or trial fo r security been established under the TADA in 12 :lE c reasons, was amended in August to allow states and Union Territories - including ASIA ANDTHE PACIFIC IINDIA

Jammu and Kashmir, Haryana, Gujarat, of "arousing religious sentiments" or de­ 159 Rajasthan and Chandigarh - but that fur­ manding independence. Other detainees, ther changes were needed because of a including possible prisoners of con­ large number of acquittals. In Punjab, he science, were held without trial under the said, only six people oul of 1,927 arrested Jammu and Kashmir Public Safety Act for under the Act had been convicted. alleged "anti-national activities". In De­ Some of the many people imprisoned cember, however, a section of this Act was under the NSA and TAOA may have been declared unconstitutional by the state's prisoners of conscience. In March the In­ High Court. spector General of Police in Punjab was Torture and ill-treatment of political reported to have said that the two Acts prisoners was reportedly widespread and were being used consecutively to hold particularly common in Punjab. In Andhra some prisoners for long periods. Within Pradesh, people suspected of sympathiz­ weeks of President's Rule being imposed ing with Naxalite groups were reportedly in May more than 1,000 people had been tortured by local police, and in Tamil detained in Punjab under the TAOA. In Nadu suspected members of the left-wing October it was reported that the central Indian People's Front were said to have government had become concerned that been tortured in village police stations. In innocent people had been detained under some cases, it appeared that local officials the TAOA in Punjab to extort bribes in condoned torture or sought to obstruct return for release. The state authorities investigation of torture allegations. were apparently asked to review the cases In Manipur two men were reported to of some 2,500 people held under the TAOA have been arrested and taken to an army in maximum security prisons at Sangrur camp in early November, stripped naked and Nabha. and doused with petrol which was then set In Gujarat, a state in which no signifi­ alight, inflicting serious burns. This led to cant acts of political violence were re­ a police investigation but by the end of the ported, the number charged under the year those accused had not appeared be­ TAOA was reportedly 2,230 by the end of fo re the police as directed. In December the October, of whom 1,800 were on bail. Press Gujarat state government was criticized by reports indicated that the TAOA had been the Supreme Court for fa iling to act after a used in Gujarat to detain non-violent special commission fo und evidence that a opponents of the authorities, including tribal woman in Baruch district had been students who protested against a rise in raped by four policemen and that a subse­ milk prices, workers opposed to the con­ quent cover-up had involved doctors and tract labour system and farmers who cam­ several officials. paigned for a reduction in electricity Members of the scheduled castes and charges. Six trade unionists who led a pay scheduled tribes, who are accorded spe­ strike by textile workers were held under cial protection under the Constitution, the TAOA in Ahmedabad. In November the were frequently reported to have been state government announced that all cases tortured or ill-treated. For example, nine would be reviewed. tribal leaders who were arrested in August The TAOA was also said to have been after demonstrating for better conditions misused in Maharashtra, where dozens of were alleged to have been tortured by tribal people were arrested on charges of police in Rajasthan. They were released assisting Naxalites. The police apparently after a petition to the Supreme Court. > E gave no details to substantiate such Earlier, in April, 150 scheduled caste fa mi­ z ,., charges and were accused by their victims lies from Raunia in Bihar alleged in a VI of making arrests to extort bribes. petition to the Supreme Court that they :;l z TAOA They said that -< The was also used to imprison had been tortured by police. ,., .. alleged Naxalites in Andhra Pradesh and excrement had been fo rced into their z members of the Gurkha National Libera­ mouths and hot water poured over them. o� tion Front accused of violent activities in In Maharashtra, tribal people in the Thane z � West Bengal, where 95 people had been and Raigad districts, who had been de­ .. arrested by the end of 1987 according to ,., prived of their traditional lands, alleged � the state authorities. In Jammu and Kash­ that they had been beaten and tortured � mir, members ofthe Muslim United Front with electric shocks by local police acting were arrested under the TAOA and accused in collusion with landlords. ASIA AND THE PACIFIC / INDIA

160 Dozens of people throughout India Jehanabad district, police were suspended were reported to have died in custody as a from duty. However, the alleged killers result of torture. Most were criminal sus­ later had all charges against them pects but in Andhra Pradesh, Punjab and withdrawn. Assam the victims included people who A number of political activists were had been politically active. In several killed in what the police described as cases, official investigations fo und police "encounters", particularly in states where officers responsible for torturing suspects armed opposition groups were active and to death, and a few were prosecuted, not­ where police were given shoot-to-kill ably in West Bengal, New Delhi, Rajasthan powers. For example, several Naxalites and Orissa. However, criminal prosecu­ were said to have been killed in staged tions were few, and no police officers were "encounters" after police in Andhra known to have been convicted of causing Pradesh were given such powers in fo ur deaths in custody. Police officers accused districts declared "disturbed areas". Most of torture were mostly transferred or said such allegations came from Punjab where to be the subject of "departmental action". eight out of 12 districts had been declared There were new reports of extrajudicial "disturbed areas" in December 1986. In executions by police, paramilitary fo rces these areas, the security forces had in­ and armed fo rces personnel. In Meerut in creased powers to search and shoot on Utlar Pradesh, dozens of people were sight. Local civil liberties groups alleged alleged to have been killed by the predomi­ that many "encounters" had been fa ked to nantly Hindu Provincial Armed Con­ conceal deliberate police killings of sus­ stabulary (PAC) in May after communal pects, but the authorities denied this. It violence between Hindus and Muslims. was generally impossible to verify inde­ According to eye-witnesses, the PAC pendently the circumstances in which in­ arrested several hundred Muslim men on dividual killings occurred. 22 May and drove them to the Upper Ganga Similar allegations of extrajudicial and canal, near Muradnagar, where they shot "encounter" killings were also reported several dozen and threw their bodies into from northeast India, where army person­ the water. The government denied the nel have shoot-to-kill powers and immun­ allegations but at least 32 of those arrested ity against prosecution under the Armed "disappeared". Next day, members of the Forces (Special Powers) Act in "disturbed PAC were alleged to have gone on a ram­ areas". In Manipur, 14 people in Oinam page in the village of Mali ana, near Meerut, village, near the Nagaland border, were shooting unarmed men, women and chil­ killed apparently in reprisal for an attack dren indiscriminately. Some 80 bodies on an army camp in which nine soldiers were later found. Five others were alleged were killed. The army said that the vil­ to have died in custody as a result of lagers were killed in armed clashes with beatings. The state government subse­ soldiers but the Manipur state government quently denied that any unarmed civilians accepted allegations by local civil liberties had been killed by the PAC, but appointed a groups that the 14 had been unarmed and committee of investigation. Its findings were deliberately killed. had not been disclosed by the end of 1987. Dozens of people were sentenced to The fi ndings of a judicial inquiry into what death, most for murder, and an unknown occurred at Maliana village were also not number executed. In April the Supreme

.. known by the end of the year. Court ruled that those convicted in con­ .. 2: In Bihar, police were said to have de­ nection with the murder of young brides :;: liberately killed landless labourers and should be sentenced to death. In October marginal farmers, including members of the death penalty was introduced in Rajas­ �... '" the scheduled castes and scheduled tribes, than for abetting "sati" (self-immolation .... c z in the context of land disputes. In some by a wife on her husband's funeral pyre) o cases, there was evidence suggesting co­ and in December the Indian Parliament � z operation between landowners, state extended this throughout India. '" ... politicians and police, resulting in de­ Amnesty International wrote to the cen­ � liberate killings of villagers by police or tral government and to state authorities in � private armies. In a few cases, such as the Madhya Pradesh, Punjab, Rajasthan, Uttar ... z killing in September of seven members of Pradesh and West Bengal. It expressed :lE c the scheduled castes in Kirichatra village, concern about the abuse of the wide pow- ASIA AND THE PACIFIC I INDIA/ INDONESIA- EAST TIMOR ers of arrest and detention under the TAOA, 161 including the possible detention of prison­ ers of conscience, and about reports of torture, "disappearances", and deaths in custody, as well as the death penalty. The organization investigated the cases of a number of possible prisoners of con­ science, mostly Sikhs held in Jodhpur jail. Rajasthan. Following reports of killings by the PAC in Meerut, Amnesty International called for a fu ll and impartial inquiry. whose fi ndings should be made public How­ ever. the government did not respond and in November Amnesty International pub­ coup attempt in 1965 which the govern­ lished a report on the killings. In October ment claims was led by the now banned Prime Minister Rajiv Gandhi criticized Partai Komunis Indonesia (PKI). Indone­ Amnesty International's work, saying that sian Communist Party. Other prisoners of he doubted its credibility and serious­ conscience were 14 Muslim activists and ness, and in December stated in a tele­ Lieutenant General Hartono Rekso Dharso­ vision interview that Amnesty Inter­ no and Haji A.M. Fatwa, both arrested in national would not be permitted access to late 1984 fo llowing their criticism of the the Punjab to investigate alleged human government's handling of a riot in which at rights abuses. least 30 Muslim demonstrators were shot Amnesty International submitted de­ dead by government troops (see Amnesty tails of 32 "disappearances" which oc­ International Report 1986 and 1987). curred in May at Meerut to the United More than a dozen Muslim activists Nations Working Group on Enforced or were tried and convicted of subversion Involuntary Disappearances. during the year, some of whom may have Amnesty International appealed in been convicted for the non-violent ex­ January to the Indian authorities to ensure pression of their religious beliefs. These that tribal villagers seeking refuge in India included six men from Central Java should not be returned to Bangladesh arrested fo r having participated in a net­ against their will if it appeared that they work of village-based Islamic study would be at risk of torture, execution or courses called usroh in which they criti­ imprisonment as prisoners of conscience. cized the state ideology, Pancasila, and certain government policies as being in violation oflslamic teaching (see Amnesty International Report 1986). Their trials in INDONESIA/ Brebes and Banyumas brought the total of convicted usroh prisoners to almost 40 EASTTIMOR since such trials began in 1986. The prisoners were accused of attempting to Hundreds of political prisoners remained overthrow the government and establish in detention, among them at least 20 an Islamic state, but evidence to support prisoners of conscience. Torture of pris­ the accusations appeared slight. oners and a number of deaths in custody The torture of both political and crimi­ were reported from Java, Irian Jaya and nal suspects continued to be reported from the territory of East Timor. There was throughout the country. In late January, for continued use of the death penalty: at example. two young men, Paskalis Kawur­ least fo ur people were sentenced to death im and Anakletus Bitip, were reportedly and three men were executed, two of arrested and tortured in the village of whom had been under sentence of death Awayanka, Mindiptanah, Irian Jaya. They for 25 years. had fa iled to report to local authorities Among the prisoners of conscience after returning from a refugee camp in were a former foreign minister, Or Sub­ Papua New Guinea and may have been - andrio. now aged 73, and three other suspected of being supporters of Organ isa­ '" 00 prisoners arrested in connection with a si Papua Merdeka (OPM), the Free Papua 00 ASIA AND THE PACIFIC / INDONESIA- EAST TlMOR

162 Movement, which has been waging an leased in Dili between August and Decem­ armed struggle fo r an independent state in ber after having served all but a few Irian Jaya since the mid-1960s. Both men months of their sentences. They had been were held in military detention for two convicted of conspiracy to commit rebel­ months without charge and then released. lion in trials which Amnesty International A criminal suspect on trial in Kaliman­ believes were unfair. Over 100 political tan alleged in August that police had given prisoners tried on similar charges re­ him electric shocks to extract a "confes­ mained in Dili's two prisons. In February sion". Police officers who reportedly the authorities released over 600 political burned the mouth of a village official in detainees on the island of Atauro, used Brebes with cigarettes were put on trial in since 1981 as a place of detention for July. The Indonesian press reported on suspected Fretilin supporters. some cases in which police and military At least fo ur death sentences were im­ personnel were tried fo r the torture of posed for murder during the year, and criminal suspects, but there were three executions were carried out. On 31 apparently no investigations into reports October Liong Wie Tong and Tan Tang of torture of political suspects. Tjoen were executed in Karawang, West More than a dozen deaths in custody in Java, more than 25 years after having been disputed circumstances were reported sentenced to death fo r murder. On 17 from all over the country. The victims were November Sukarman, aged 68, a fo rmer PKI criminal suspects, many of whom were member, was executed in Pamekasan, said to have been shot and killed while Madura. Arrested in 1968 for his alleged trying to escape or while resisting arrest. participation in an armed communist re­ Their fa milies challenged such explana­ bellion in Blitar, East Java, he was sen­ tions. Investigations were opened into the tenced to death by Malang District Court in conduct of police officers in three of these 1976 after a trial which Amnesty Inter­ cases; their outcome was not known by the national believes may not have been fa ir. end of 1987. About 30 people remained under sentence Human rights violations continued to of death: among them Muslim activists, be reported from East Timor. Two prison­ people accused of involvement in the 1965 ers, Aleixo Gutteres and Vicente de Sousa, coup attempt and people convicted of were reportedly tortured in late 1986 and criminal offences. early 1987 during interrogation in Dili in a Throughout 1987 Amnesty Inter­ house occupied by military intelligence, national raised its concerns in Indonesia KOTIS. Aleixo Gutteres was reportedly sus­ through public appeals and in meetings pected of collaborating with the Frente and correspondence with government offi­ Revolucionaria de Timor Leste Indepen­ cials. In January it urged the government to dente (Fretilin), which continued through­ investigate five extrajudicial executions out the year to wage a guerrilla war against reported the previous year in Irian Jaya the Indonesian Government and in sup­ and also sought information on nine pol­ port of independence fo r East Timor. He itical prisoners reportedly detained with­ was tried and sentenced to seven years' out charge or trial. In September Amnesty imprisonment early in the year; Vicente de International's Secretary General met In­ Sousa was held in custody for about a week donesian Foreign Minister Dr Mochtar on suspicion of having desecrated a relig­ Kusumaatmadja to discuss concerns in

.. ious statue . Indonesia. .. � Trials of political prisoners suspected On the anniversary of lndonesian inde­ ; of supporting Fretilin continued in Dili pendence, 17 August, Amnesty Inter­ District Court, with most receiving sen­ national appealed to the Indonesian Gov­ w� '" tences of two or three years' imprison­ ernment to release all prisoners of con­ .J C Z ment. Although the Indonesian Govern­ science immediately and unconditionally o ment claimed they were open to the pub­ and to commute all death sentences. � z lic, observers fro m international organiza­ Amnesty International continued to '" w .. tions were not allowed to attend, and press fo r a full investigation into all "dis­ � fri ends of the accused were reportedly appearances" of East Timorese reported ."� afraid to do so for fear of being suspected of since the Indonesian invasion in 1975. In W Z sympathizing with Fretilin. August Amnesty International presented a :a c Almost 80 political prisoners were re- statement on its concerns in East Timor to ASIAANDTHE PACIAC I INDONESIA- EAST TIMOR I JAPAN I KAMPUCHEA

the United Nations Special Committee on March Akabori Masao's fo urth request for 163 Decolonization. It appealed to the govern­ a retrial. He had been sentenced to death in ment to investigate three alleged extrajudi­ 1958 for murder, but has claimed that the cial executions reported in 1986 from Vi­ police obtained a fa lse confession by using queque and Ainaro and reiterated its con­ force. cern about the fa irness of political trials in In May the death in prison was reported DilL of Hirasawa Sadamichi, aged 95. He had A major action against the death penal­ been under sentence of death since 1950. ty was launched in November, shortly after Amnesty International continued to the executions of two men in Karawang press fo r the commutation of all death who had been sentenced to death fo r mur­ sentences and to urge the authorities to der in 1962. abolish the death penalty.

JAPAN KAMPUCHEA (CAMBODIA)

Although some political arrests and at least one death from ill-treatment in cus­ tody were reported, little new information emerged during 1987 about the human rights situation in the People's Republic of Kampuchea (PRK) or about the human rights policies and practices of the opposi­ tion fo rces of the tripartite Coalition Gov­ ernment of Democratic Kampuchea (CGDK).

There was continued use of the death penalty. On 30 September Ohtsubo Kiyotaka and Yabe Mitsuo were executed. They had been convicted of murder in 1977. Five people were sentenced to death by district courts and some 80 prisoners convicted of murder were known to be under sentence of death at the end of 1987. The first death sentences to be con­ firmed by the Supreme Court since 1984 were upheld in a ruling on 24 March. Masunaga Toshiaki and Daidoji Masashi, both members of the East-Asia Anti-Japan Armed Front, had been sentenced to death in 1979 for causing death with explosives. Leaders of the diplomatically-isolated Subsequently, the Supreme Court con­ PRK Government refused to grant human ,. � firmed fo ur other death sentences. rights investigators access to the war-torn z ,., In March the Tokyo High Court upheld country, while security authorities in Cl> � the death sentence on Nagayama Norio. In neighbouring Thailand severely restricted Z ... 1981 it had overturned a death sentence access to Kampucheans living there. ,., '" imposed on him by the Tokyo District Armed confl ict continued in various z parts ofKampuchea during 1987, although Court, on the grounds that he had a mental o� z age of under 18 at the time of the murder of the year ended with talks on a possible ,. � which he was convicted. However, in 1983 peace settlement. Most clashes pitted '" ,., "V the Supreme Court ordered a retrial, ruling guerrilla fo rces of the Portie of Democratic o that the 1981 High Court decision ran Ka mpuchea (the "Khmer Rouge") and of � .... counter to "social justice". the National Army of Prince Norodom '" 00 The Tokyo High Court accepted on 26 Sihanouk against local security fo rces of 00 ASIA AND THE PACIFIC I KAMPUCHEA I KOREA (DEMOCRATIC PEOPLE'S REPUBLIC OF)

164 the PRK and Vietnamese troops stationed PRK was holding some political prisoners in the country, Both the PRK and the CCDK but refused to provide the precise number claimed that their adversaries were com­ of prisoners. The PRK Ambassador to the mitting serious human rights abuses, but Soviet Union told an Amnesty Inter­ none of these claims were open to inde­ national representative in June that parts pendent verification. of the report were "exaggerated" but he On 13 April Amnesty International declined to discuss specific issues. launched an urgent appeal to the Batdam­ In September Amnesty International bang provincial authorities, fo llowing offi­ reiterated its request in an additional letter cial reports that seven "enemy agents" had to Hun Sen for a meeting with the govern­ been arrested. The detainees had allegedly ment to discuss its concerns. The organiza­ "infiltrated from Thai territory" carrying tion received no response. "three weapons and two tape recorders". In December Hun Sen and Prince Noro­ Amnesty International asked the PRK dom Sihanouk, the senior states person in authorities fo r the names of the seven, the the opposition to the Vietnamese presence charges against each of them and assur­ in Kampuchea, met in France to discuss a ances that they were being treated hu­ settlement of the war. According to notes manely while awaiting trial. made public by the Prince, the talks in­ The organization also learned in April cluded discussions of alleged human of the arrest and incommunicado deten­ rights violations in the PRK. The notes tion of a 22-year-old peasant native of Siem indicated that while Hun Sen again admit­ Reap Province, who was reportedly se­ ted political prisoners were held by his verely beaten by interrogators at the Si em government, he continued to deny viola­ Reap provincial prison. In May a Kam­ tions of their human rights. During Hun puchean woman reportedly died in Siem Sen's visit to France, Amnesty Inter­ Reap as a result of severe beatings inflicted national wrote to him once again asking to while she was in military custody, visit the country for clarification of the Throughout 1987, Am nesty Inter­ human rights situation there. national pressed the PRK Government fo r permission to send a delegation to Kam­ puchea for discussions with the author­ ities about numerous detailed reports KOREA gathered in 1986 of widespread political (DEMOCRATIC PEOPLE'S REPUBLIC OF) arrests, arbitrary detentions and torture of political prisoners by the Kampuchean authorities and Vietnamese security per­ sonnel operating in the country. In April Amnesty International wrote to the Chairperson of the PRK Council of Ministers, Hun Sen, and other officials seeking a response to a report it had pre­ pared on political imprisonment and tor­ ture in Kampuchea. The organization reiterated its request, first made in May 1986, fo r direct discussions with govern­

... ment authorities about the concerns raised ... � in the report. No reply was received, and in >­ '" June Amnesty International published its o ... report, Kampuchea: Political Imprison­ As in previous years, the authorities ofthe '" '" ment and Torture, and lau nched a major Democratic People's Republic of Korea ...l < Z international campaign to publicize its (DPRK) disclosed little information about o concerns. arrests, political trials or imprisonment �z The official PRK press agency character­ and the death penalty. '" '" >- ized the Amnesty International report in During the year there were develop­ ! June as "groundless" but fa iled to respond ments in the case of two Japanese citizens

�III to the specific allegations of human rights detained in the DPRK since November '" z violations. Council of Ministers Chairper­ 1983. Isamu Beniko and Yoshio Kuriura, :lE < son Hun Sen reportedly admitted that the the captain and chief engineer of a refrig- ASIA AND THE PACIAC / KOREA (DEMOCRATIC PEOPLE'S REPUBLIC OF) / KOREA (REPUBLIC OF) eration ship which travelled regularly be­ espionage and premeditated murder. No 165 tween the DPRK and Japan, were detained information was available about death after an army sergeant hid on their ship sentences imposed or executions carried and reached Japan in October 1983. In out in 1987. February 1987 the DPRK Red Cross sent a Amnesty International continued message to its counterpart in Japan saying throughout the year to seek information that they had "lost their chance of return­ about the precise charges and evidence ing home" after the Japanese authorities against Isamu Beniko and Yoshio Kuriura, assisted 11 other North Koreans, who had both of whom were considered to be pos­ reached Japan by boat in January, to reset­ sible prisoners of conscience, and assur­ tle in the Republic of Korea. ances that their treatment conforms to On 17 February it was reported in Japan international standards. The only re­ that Captain Beniko and Yoshio Kuriura sponse was from the chairperson of the had been sentenced to 20 years' imprison­ Red Cross Society, who wrote in April to ment. However, the Korean Central News confirm that they had not stood trial but Agency stated in March that the two sea­ were accused of espionage. No response men had not yet been tried on charges of was received during the year concerning espionage, although an official stated that the specific legal procedures applied in they would be released ifthe army sergeant this case. were returned to the DPRK. The authorities There was no reply to an inquiry made announced in June that the trial had been by Amnesty International in April to Presi­ postponed because of the defendants' ill­ dent Kim 11 Sung for information about health, and then in December that Nampo legal practices relevant to AI's mandate City Court had tried them on 24 December and to the International Covenant on Civil and sentenced them to 15 years' "reforma­ and Political Rights. The DPRK acceded to tion through labour" for espionage and the the Covenant in 1981. "abduction" of a DPRK citizen. Isamu Beniko and Yoshio Kuriura were the only political prisoners known to Amnesty International in the DPRK during KOREA 1987, but reports from a range of sources (REPU BLIC OF ) indicated that people who criticize the President or the policies of the Korean Workers' Party are liable to sanctions, including imprisonment and corrective labour. Some forms of corrective labour, such as enforced labour under harsh con­ ditions on agricultural or mining projects, effectively constitute imprisonment. Some reports say that convicted people may be restricted along with their entire fa mily. Trials, which according to official DPRK sources are rare, may take place at the defendant's workplace before an elected judge, two elected People's Assessors, who are not legal professionals, and col­ » I: leagues of the accused. Defendants are Thousands of people, mostly students, z ,., were detained briefly for participating in '" said to have rights of defence and appeal .... but it is not known whether the proce­ anti-government demonstrations, some of "" dures conform to international standards which were violent. Hundreds of others � of fa ir trial. Some reports suggest that were detained on charges of pro... � trials are held only when the authorities communist activity. Among them were � j consider them as serving an educational teachers, publishers, students, labour » purpose and that most political prisoners activists and others, some of whom were ; are detained with no judicial procedure. was ,., Prisoners of conscience. A student ;g DPRK sources acknowledge that the tortured to death in January, provoking � death penalty exists in law but say it is widespread protests and ultimately the 00:;; limited to "serious crimes", including prosecution of eight police officers. Seven 00 ASIA AND THE PACIFIC / KOREA (REPUBLIC OF)

166 people were reported to have been sen­ accused the police of seeking to cover up tenced to death and five executed, all for what had occurred. All five police officers criminal offences. were convicted and sentenced on 4 July to The year was marked by controversy terms ranging between five and 15 years' over the presidential election system in imprisonment. On 21 September three for­ preparation for the election in December. mer senior police officers received sen­ Opponents of the government campaigned tences of up to one year's imprisonment for for direct elections in place of the electoral participating in the attempted cover-up. college system instituted under the 1980 Further allegations of torture were Constitution, which they claimed would made by a number of young people enable President Chun Doo-hwan and the arrested between October 1986 and Janu­ ruling Democratic Justice Party (DIP) to ary 1987 on charges of pro-communist retain power. In 1986 the President had activities. For example, Kim Song-sik was agreed to a parliamentary debate on con­ arrested on 28 November 1986 and interro­ stitutional reform, but on 13 April 1987 he gated fo r two months while held incom­ suspended it. Widespread protest at this municado by the Agency for National decision led to three weeks of demonstra­ Security Planning. He stated at his trial in tions in June. On 1 July President Chun July that he had been beaten, deprived of bowed to public pressure and endorsed a sleep and subjected to the "roast chicken" proposal by Roh Tae-woo, the DIP chair­ torture. In this, the prisoner is handcuffed man, to accept a number of opposition and suspended in mid-air from a rod demands, including direct elections and placed between two desks. After the death an amnesty fo r political prisoners. from torture of Park Chong-chol, Kim On 27 October a new Constitution pro­ Song-sik and others arrested with him viding for direct presidential elections was were moved to a detention centre, when approved by referendum. The new Con­ members of the main opposition party stitution reinforced the rights of freedom publicly expressed concern about their of expression and association and safe­ well-being. guards against torture of detainees, intro­ There were fe wer reports of torture after ducing a right of access to lawyers and the death of Park Chong-chol, but in May relatives. The right of habeas corpus was members of a group said to be connected extended to all detainees: it had previous­ with the South Seoul Workers Alliance ly been denied to political detainees held who were arrested by the Anti-Communist under the National Security Law and to Bureau of the National Police alleged that people suspected of offences punishable they had been tortured. Early in the year, by five years or more in prison. there were also allegations that a number On 16 December Roh Tae-woo was of convicted political prisoners had been elected president, defeating opposition beaten to punish them for staging protests. candidates Kim Young-sam and Kim Dae­ None of these incidents were known to jung. During his election campaign Roh have resulted in thorough and impartial Tae-woo promised to ensure the protec­ investigations. However, in October fo ur tion of human rights if elected. guards in a prison in Kunsan were arrested The death of a student under torture in for assaulting a criminal convict and kill­ January provoked massive protest demon­ ing him. strations, forced the resignation of several Many people were arrested during anti­

00 ministers and prompted the government to government street demonstrations which 00 � say that it would take measures aimed at often turned into violent confrontations to: preventing the recurrence of torture. Park between riot police and some demonstra­ � Chong-chol died on 14 January while tors. Police also carried out preventive '" Cl< being interrogated by the Anti-Communist arrests to try to stop the demonstrations ... C Z Bureau of the National Police in Seoul. from taking place. A small proportion of o According to a doctor who was called to those arrested were charged and tried; the � z revive him, he drowned when his head majority were either released with a warn­ Cl< '" was repeatedly held under water. Initially ing or given sentences of up to 29 days in ; two police officers were charged with police custody by summary courts under causing his death but in May charges were the Minor Offences Law. also brought against three others after a On 7 February demonstrations were group of Roman Catholic priests publicly held in various cities to protest against the ASIA AND THE PACIFIC / KOREA (REPUBLIC OF)

use of torture by police, fo llowing the ing workers with leftist ideas, others of 167 death in custody of Park Chong-chol. The listening to radio broadcasts from North night before the demonstrations, over Korea or setting up "political schools". In 2,300 people, most of them students, were the last four months ofthe year at least 150 taken into police custody and 40 leading such arrests were reported. dissidents were placed under house arrest. As a result of the amnesty proposed in During the demonstrations, around 800 June by Roh Tae-woo, over 500 political others were also arrested. Some 2,000 of prisoners were released and over 2,300 those detained over these two days were fo rmer political prisoners had their civil referred to summary courts and less than rights restored in July. Most of those re­ 100 were charged with organizing or tak­ leased were students who had been ing part in illegal demonstrations. arrested in demonstrations and at least five More than 15,000 people, many of them were known to be prisoners of conscience. students, were arrested between 10 and 29 However, over 30 other prisoners of con­ June, during protests against the torture of science convicted under the National political dissidents and President Chun's Security Law were excluded from the decision to suspend debate on the revision amnesty because the authorities regarded of the Constitution. More than 1,300 of them as pro-communist. Among them was those arrested were referred to summary Kang Jong-kon, who was arrested in 1975. courts and some 400 were fo rmally He served a prison sentence but was im­ charged. mediately placed in preventive detention In July and August, fo llowing the gov­ when this expired in 1981. A new two-year ernment's promise of political liberaliza­ preventive detention order was issued tion, thousands of workers went on strike against him on 14 February. In March and to demand wage increases, better working April he and another prisoner of con­ conditions and the right to set up trade science, Soh Joon-Shik, who had been unions free of government controls. At the arrested in 1971 and held in preventive end of August the authorities publicly detention since 1978, went on hunger­ blamed the strikes on outside pro­ strike to protest against their continued communist agitators and arrested a num­ detention, but neither had been released ber of people. Some 2,500 arrests were by the end of 1987. reported in connection with the two Several prisoners of conscience months of strikes; around 150 of those arrested in 1986 were tried in 1987. Yu arrested were fo rmally charged. Sang-dok, a high-school teacher, was sen­ Hundreds of people were arrested for tenced to three years' imprisonment in alleged pro-communist activities during January for possessing books on North the year. Several were publishers, such as Korea and being in contact with a former Nah Pyong-shik, president of the Pulbit professor of his who was charged with Publishing Company. He was arrested on being a North Korean spy. Kang Hee-nam, 12 February under the National Security a Presbyterian minister, was sentenced to Law fo r publishing a book entitled The three years' imprisonment in April fo r History of the Korean Masses, which con­ accusing the authorities of wrongly label­ tained a Marxist analysis of history and ling some students as pro-communist. He described a number of anti-government was released in July. Three journalists, incidents. He was tried and on 12 August Kim Tae-hong, Shin Hong-bom and Kim received a two-year suspended sentence. Ju-eon, were released on 4 June on sus­ > K Six other publishers were arrested in pended sentences. They had been arrested Z ,., Seoul at the end of April during a police for publishing government instructions to � crackdown on bookstores near university the news media on how to report certain z -< campuses. Two of them, Yun Ho-dok and sensitive news items. ,., '" Kim Yong-ho, were later sentenced to one­ During 1987 the Korean press reported z year prison terms for publishing books the imposition of seven death sentences by o� z criticizing the capitalist system in South the courts for rape and murder and for > � Korea. robbery and murder. The Supreme Court '" ,., ... Arrests of students or former students confirmed two death sentences for mur­ o accused of praising North Korea or of being der. Five people convicted of rape and � ... pro-communist were also regularly re­ murder were executed in May. The Minis­ OD '" ported. Some were accused of indoctrinat- try of Justice was planning to introduce a '" ASIA AND THE PACIFIC I KOREA (REPUBLIC OF) I LAOS

168 bill raising the age of defendants who could be sentenced to death from 16 to 18. During the year Amnesty International LAOS continued to appeal for the release of some 35 prisoners of conscience arrested be­ tween 1971 and 1985 and for the release of journalists, teachers and publishers arrested in late 1986 and in 1987 whom it also regarded as prisoners of conscience. It sought information about the charges and evidence against over 100 students and fo rmer students accused of being pro­ communist. It was unable to discover the identities of most of those detained for taking part in demonstrations or whether they had used or advocated violence. It called on the authorities to conduct thor­ ough and impartial investigations into the Hundreds of political prisoners were allegations of torture made by a number of freed in a series of large-scale releases but students and former students arrested in hundreds of others, including many the last three months of 1986 and into the prisoners of conscience, remained for a death of Park Chong-chol. It expressed twelfth year in detention without trial or concern about the five executions in May restricted for "re-education". A number of and called on the authorities to abolish the other people detained more recently for death penalty. alleged anti-government activities also re­ An Amnesty International mission to portedly remained in prison. On at least South Korea in May raised these concerns two occasions Laotians who had crossed with government officials and stressed the the border seeking asylum in Thailand need for urgent and effective measures to were said to have been forcibly returned protect detainees from torture and, in par­ by the Thai authorities and immediately ticular, an end to prolonged incommunica­ detained without trial in Laos. At least six do detention. It also called for the release other Laotians were allegedly killed by of all prisoners of conscience. Government security fo rces in Laos after they were officials responded by saying that the gov­ fo rcibly returned from Thailand. ernment was committed to eradicating tor­ No official figures were available but ture and by arguing that people impris­ unofficial estimates suggested that at least oned for leftist or pro-communist views several hundred people arrested in 1975 should not be released because these views were still detained without trial or re­ conflicted with the state's ideology of stricted for "re-education". They had been "anti-". In July Amnesty Inter­ taken into custody as the Provisional Gov­ national submitted a series of recom­ ernment of National Union was replaced mendations to the government to protect by the fo rces which proclaimed the Demo­ the rights of freedom of expression and cratic People's Republic of Laos. The de­ association and the right not to be tortured. tainees were held in various provinces, The government in response assured including Houa Phanh and Xieng Khouang ., Amnesty International of its commitment ., in the northeast, Attapeu in the south and � to uphold human rights. In November Savannakhet in central Laos. They were ... Amnesty International wrote to the gov­ '" not permitted to return to their h.omes o ... ernment welcoming the human rights ... despite government claims that "re­ '" guarantees included in the amended Con­ ..... education" was abolished in the early stitution but drawing attention to other 1980s. o� necessary improvements. Large-scale releases, particularly from �z '" the northeast and the south, began in ... � December 1986. In IIoua Phanh province, for example, at least 300 people were III� ... reportedly released from restriction be­ z 2 tween January and June, leaving approx­ c imately 400 detainees in the Houa Phanh ASIA AND THEPACIFIC / LAOS / MALAYSIA restriction sites at Sop Pan, Sop Long and In September at least fo ur people were 169 Houay Cha. Additional releases from Houa reported to have been arrested and de­ Phanh and other provinces reportedly took tained without trial when they were forc­ place in March, May and August. ibly returned to Laos from Thailand. They Those released during 1987 included a had apparently crossed the Mekong River number of prisoners of conscience: Viboun to seek asylum in Thailand soon after their Abhay, a fo rmer civil servant and member release from "re-education", which had of the National Consultative Council; fo llowed 12 years of detention without Khamkhing Souvanlasy, a former director trial. of education in the Education Ministry; Two months later allegations were re­ Pane Rassavong, a former general planning ceived that at least six Laotians of Hmong commissioner, and Tiao Sisouphanou­ ethnic origin had been executedextr ajudi­ vong, a former Director of Civil Aviation. cially by Laotian security forces on 20 Among other political prisoners said to be November. The victims were reportedly released were Toulong Lyfoung, a fo rmer the men in a group of 15 men, women and public prosecutor; Phao Southi, a fo rmer children who had crossed the border earl­ colonel in the Royal Lao Armed Forces; ier that month to seek asylum in Thailand. Souvat Boulom, fo rmer Secretary General They had been forcibly returned to Laos by of the National Assembly, and Khamsay the Thai authorities. Kiattavong, a fo rmer army officer. At least Amnesty International continued in 13 fo rmer members of the armed forces 1987 to inform the government of its con­ who had been restricted in Attapeu pro­ cern about the detention without trial or vince since 1975 were among many others restriction of people held since 1975. The also reportedly released from Attapeu pro­ organization pressed fo r a fu ll review of vince in 1987. their cases and the release of those not At least two long-term detainees were brought to trial on specific charges. In June reported to have died from natural causes Amnesty International publicly welcomed during 1987. They were Ounheuanh Sin­ the reported releasesbut urged that elderly bandith, a former police director in the and ailing prisoners be given special con­ Ministry of Interior who reportedly died sideration for release. on 2 March from heart disease, and Sam­ Amnesty International also investi­ lith Ratsaphong, a prisoner of conscience gated the cases of the seven detainees held and fo rmer information director in the at Nong Pat Prison and called fo r their Ministry of Information who reportedly release or prompt and fa ir trial on recog­ died at the age of 62 from heart disease in nizably criminal charges. Amnesty Inter­ Houa Phanh hospital. Information was national also urged the authorities to in­ also received last year about the deaths of vestigate reports that they had been tor­ other long-term detainees which had tured or ill-treated during interrogation. occurred in previous years as a re sult of old age or inadequate medical treatment. There was newinf ormation about seven possible prisoners of conscience detained MALAYSIA without trial for several years at Nong Pat Prison, which was established in the early 1980s in the Thoulakhom district of Vien­ More than 100 critics of the government tiane province to hold prisoners from were arrested between October and the northern and central provinces. The seven end of December under a law permitting prisoners were reportedly arrested in the indefinite detention without trial. More late 1970s and early 1980s fo r offences than half were released by the end of ranging from "attempting to escape re­ 1987 but at least 45 were still held, education" to "involvement in political including 34 prisoners of conscience who agitation" and "improper contact" with were served with renewable two-year people living abroad. Apparently no for­ detention orders under the Internal mal charges were brought against them Security Act (JSA). One other prisoner of and they were not tried. Several of them conscience and at least 15 other political were reportedly tortured or ill-treated prisoners also remained in detention while interrogated during prolonged in­ under the JSA. The use of the death communicado detention. penalty increased, with at least 40 death ASIA AND THE PACIAC I MALAYSIA

170 trictions imposed on their freedom of movement and association. Eight of the detainees filed writs of habeas corpus against their detentions. Their applications were rejected by the High Court in the absence of the detainees in November. Appeals by three of the detainees against the High Court verdict were dismissed by the Su­ preme Court in December. During the 60-day investigation period. the detainees were held in solitary confinement. interrogated fo r long peri­ ods and denied access to lawyers. In most cases their fa milies were not told where sentences imposed and some 24 execu­ they were being held and were permitted tions carried out. to visit them only in designated police The arrests. which began in October. stations. Some of the fa milies of the represented the most significant crack­ detainees subsequently complained about down on government opponents for police harassment during and after such almost 20 years. They fo llowed growing visits. At least four detai nees reportedly criticism of Prime Minister Dr Mahathir withdrew their applications for habeas Mohamad and his administration from corpus for fear that their chances of an opposition political parties and from early release might be jeopardized or that within the United Malays National Organ­ they might receive harsher treatment. ization (UMNO). the dominant party in the The 34 detainees served with two-year ruling Coalition National Front Govern­ detention orders at the end of December ment (Barisan Sosialis). included Lim Kit Siang. a member of Polarization between Malaysians of Parliament and Secretary-General of the different ethnic origins increased. and the opposition government claimed that the October (OAP). Six other OAP members of Parlia­ arrests were necessary to prevent the ment were among the 34. including Kar­ outbreak of race riots. Following the pal Singh. also a well-known human arrests. public rallies were banned. three rights lawyer. and Dr V. David. also the national newspapers were ordered to Secretary-General of the Malaysian cease publication. and in December Par­ Trades Union Congress (MTUC). Also de­ liament amended legislation fu rther cur­ tained under two-year detention orders tailing the freedom of expression and were several members of both the Parti association. Islam Se Malaysia (PAS). and the Partai Those arrested included government Sosialis Rakyat Malaysia (PSRM). two and opposition politicians. academics. opposition political parties. The remain­ members of social reform movements. ing detainees were mostly well-known trade unionists and church workers. By for their activities in civil rights. mid-November at least 106 people had women's rights. environmental or church been detained. The ISA empowers the organizations. The 34. all of whom were Minister of Home Affairs to order the regarded as prisoners of conscience. were detention without trial of anyone sus­ moved to the Kamunting Detention Cen­ pected of acting "in a manner prejudicial tre in Perak State after the imposition of to the security of Malaysia". Detainees their detention orders and were held may be held for up to 60 days for inves­ there at the end of 1987. tigation fo llowing which they may be One other prisoner of conscience and served with a detention order of up to two at least 15 other political prisoners - most years. which may be renewed indefinite­ of whom had been held without trial since ly. In all. some 55 of the detainees. the mid-1970s - remained in detention including Chandra Muzaffar. the presi­ under the ISA. Most were believed to have dent of the social reform movement Alir­ been accused of belonging to the banned an. were released before the end of the Communist Party of Malaya (CPM). More 60-day investigation period. Ten had res- than 10 other long-term political de- ASIA AND THE PACIFIC / MALAYSIA I NEPAL

tainees were released during 1987. tive response was received from the auth­ 171 At least 10 more people were served orities to any of Amnesty International's with detention orders under the ISA dur­ appeals and inquiries. ing 1987. They included seven people arrested in May fo r suspected involve­ ment in fo rging and selling identity cards. They were reportedly held in detention in NEPAL the Pulau Jerejak camp off Penang. Three others, including the editor of a religious magazine, were arrested in September and accused of provoking unrest and anxiety among the country's Muslims. No fu rther information was made public by the auth­ orities fo llowing the initial announce­ ment of their arrest under the ISA. The death penalty continued to be imposed, mostly for drugs and firearms offences. There was an increase in the number of reported executions - 24 in 1987 compared to 15 in 1986 - although in several cases no details were made public. Fourteen of those executed were reported to have been convicted of drugs Many political activists, students, jour­ offences, bringing the number of people nalists, teachers and others involved in executed since the death penalty was non-violent political activities were introduced fo r drugs offences in 1975 to arrested, most of whom were detained for 61. At least 40 people were sentenced to relatively short periods, although dozens death during 1987, 31 for drugs offences of prisoners of conscience and other pol­ and most of the remainder for unlawful itical prisoners arrested in previous years possession of firearms. At least 20 others, were released. A small number of Christ­ including 15 convicted of drugs offences, ians were reported to have been arrested, had their appeals dismissed by the Su­ and some were tried on charges of pro­ preme Court. The death penalty is manda­ selytizing. A major trial involving some 96 tory under the Dangerous Drugs Act defendants charged in connection with (1952). as amended in 1983, for trafficking several bomb explosions in 1985 was con­ in drugs, defined as possession of 15 cluded. Four of the accused were sen­ grams of heroin or specific amounts of tenced to death in absentia. There were other drugs. It is also mandatory under also new reports oftorture of prisoners by Section 57 of the ISA and the Firearms police, mostly of criminal suspects. (Increased Penalties) Act of 1971 for the Political imprisonment in Nepal is unlawful possession of fi rearms. closely related to the fact that political Throughout 1987 Amn esty Inter­ parties have been fo rmally banned there national appealed to the government to since 1960: anyone advocating the cause of commute all death sentences and to en­ a political party is liable to arrest. The ban sure that all those under sentence of death is not uniformly enforced, however, since were given the opportunity to seek com­ many candidates known to belong to pol­ :. E mutation of the sentence or clemency itical parties contested local elections held z ,., from the head of state. Following the in March. At the same time, some meetings III � widespread arrests under the ISA in Octo­ of political organizations and of students i ... ber, Amnesty International urged the gov­ advocating changes to the political system ,., '" ernment to release all those detained on were disrupted by the police and the par­ z :. account of their non-violent activities and ticipants detained briefly. ::! o z to ensure that all others were brought to Info rmation about political prisoners, :. ,.. trial promptly and fa irly or released. particularly those arrested outside the '" ,., Amnesty International also sent observers ." capital, Kathmandu, is difficult to obtain. o to the habeas corpus hearings brought in Communications within the country are � - November and December on behalf of poor and the government rarely publishes ID 00 detainees held under the ISA. No substan- information about arrests. 00 ASIA AND THE PACIFIC I NEPAL

172 Among the prisoners of conscience re­ trial was held in closed session throughout leased in 1987 was Bishnu Bahadur Man­ and the Destructive Crimes (Special Con­ andhar. leader of a communist group de­ trol and Punishment) Act was applied tained in mid-1985 at a time of widespread retroactively. This contravenes a fun­ protests against the continuation of the damental international legal standard pro­ "non-party" political system. He was held hibiting the retroactive application of laws throughout without fo rmal charge or trial or changed penalties to the detriment of under the Public Security Act (PSA). This the accused. At the time of the bombings empowers zonal commissioners. local the penal code did not provide fo r the administrators. to impose nine-month de­ death penalty. Many of the accused had tention orders on broadly-based grounds been held in custody without access to such as "disturbing the peace and tran­ lawyers or relatives for months after their quillity" of the country. Detention under arrest and there were reports tha t some had the PSA may extend to a maximum of three been tortured during interrogation in order years: the act expressly excludes any court to obtain confessions. from examining the validity of detention Some members of the Christian com­ orders. munity were tried by ordinary courts in Several political prisoners detained diffe rent parts of the country on charges of under the PSA after completing sentences proselytizing. The Constitution of Nepal imposed fo r politically-motivated crimes does not allow people to try to convert were also released during the year. They others to their religious fa ith. The legal included Narad Wagle. who was freed in code goes further and prescribes imprison­ July. almost a year after his prison term ment fo r any Hindu who converts to had expired. another religion. There were continuing Five journalists and editors. including reports of arrests of Christians. In Surkhet. Keshav Raj Pindali (see Amnesty Inter­ western Nepal. in October more than two national Report 1986) and one member of dozen Christians were reported to have Parliament were released on bail. They been taken into police custody after a had been arrested in 1986 for writing or weekly religious service in a private publishing material considered offensive house. Most were released after interroga­ to the Nepali monarchy. The cases against tion. during which they were reportedly them. under the Treason (Crime and forced to recant their fa ith. although a few Punishment) Act. were not known to have were understood to have remained in cus­ been concluded by the end of the year. tody until December. Under this law. zonal commissioners act There were new reports of torture in as both prosecutor and judge. police custody. similar in pattern to those Dozens of people were arrested in April received in previous years. Criminal sus­ and May during widespread protests in pects appeared to be the most common Kathmandu against the sale of milk pow­ victims. although there were also allega­ der imported from Poland. which was tions that some students arrested fo r parti­ feared to be contaminated by nuclear cipating in political protests were tor­ radiation from the accident at the Cher­ tured. For example. a few of the students nobyl reactor in the USSR. Most were re­ arrested during demonstrations against leased after a few weeks or some months in the sale of Polish milk powder were re­ custody although Sita Ram Maskey. a portedly beaten in detention by police. teacher active in trade union and social particularly on the soles of their feet and affairs. was still detained under the PSA in on their arms and hands. They were de­ December. nied access to lawyers and relatives fo r In May a Special Court established several days. They were also not produced under the Destructive Crimes (Special before a judicial authority within 24 hours. Control and Punishment) Act of 1985 deli­ as required by law. The dates ofthe prison­ vered judgment in the trial of 96 defen­ ers' statements were reportedly altered in dants accused of involvement in several an attempt to conceal this. bomb explosions in 1985. Four of the The offices of the Deputy Superinten­ accused. who were tried in absentia. were dent of Police at Hanuman Dhoka. Kath­ sentenced to death. 23 others were sen­ mandu. were repeatedly cited in prison­ tenced to between five and 33 years' im­ ers' testimony as a place where torture prisonment and 69 were acquitted. The took place. Shri Gridhar Sharma was re- ASIA AND THE PACIFIC I NEPAl ! NEW CALEDONIA I PAKISTAN

ported to have been taken there after his Crimes (Special Control and Punishment) 173 arrest on criminal charges in late March Act to bring them into conformity with and severely tortured. He was said to have recognized international legal standards. been beaten on his bone joints, to have In publishing the report, Amnesty Inter­ been kept awake by bright lights and to national also urged the authorities to have had his fingernails pulled away from guarantee the right to freedom of religion, the skin. After a habeas corpus petition including the right to voluntary conver­ was filed by his fa mily, he appeared in sion. It ca lled for thorough investigation of court on 4 May. The court ruled that he the "disappearance" cases and of all tor­ should be remanded in jail, but he was ture allegations. The government did not reportedly sent back to the police offices at respond to any of Amnesty International's Hanuman Dhoka instead. appeals and inquiries. Prisoners in many jails were subjected to conditions and punishments amounting to cruel, inhuman or degrading treatment. NEW CALEDONIA For example, in Kathmandu Central Jail prisoners were punished by beingkept for See entry on France. several weeks at a time in segregated cells, known in Nepali as gholghar. These are small cells with little ventilation. Prison­ ers were rarely let out of these cells and PAKISTAN then apparently only at the jailor's discre­ tion. Some other prisoners were also kept in fe tters and handcuffs for long periods. Information was obtained during 1987 about three people said to have "dis­ appeared" after being taken into police custody in mid-1985, bringing to six the number of such cases known to Amnesty International (see Amnesty International Report 1986). Despite continued efforts b} some of their fa milies to establish what had happened to them, including habeas corpus petitions before the courts, their fa te could not be ascertained. Amnesty International submitted detailed informa­ tion on fo ur of these cases to the United Nations Working Group on Enforced or Some prisoners sentenced to death be­ Involuntary Disappearances. Other sub­ tween 1977 and 1985, as well as more than missions were also made to the UN Special 100 political prisoners, remained held Rapporteur on torture. without adequate judicial redress. They Amnesty International raised its con­ were convicted in unfair trials before cerns with the authorities on a number of special military courts during the period occasions during the year, drawing atten­ of martial law. The government stated it tion to complaints of torture of prisoners would consider acting on certain and seeking information on prisoners re­ "hardship cases", but no concrete results ported to have "disappeared". In Novem­ had occurred by the end of the year. A few ber, Amnesty International pablished a other political prisoners continued to report entitled Nepal: A Pattern of Human undergo protracted trials before special Rights Violations, which described in de­ courts in which defendants may be pre­ tail the organization's concerns. The re­ sumed guilty in broad-ranging circum­ port analysed the main legal provisions stances unless they can demonstrate under which prisoners of conscience are otherwise. As in previous years, members held and illustrated the use of these laws of the Ahmadiyya community were with case histories. It also contained a arrested and prosecuted for their reli­ number of recommendations, including gious beliefs. Further arrests took place amending the PSA, Treason (Crime and during communal disturbances under Punishment) Act, and the Destructive broadly fo rmulated provisions for ASIA AND THE PACIFIC / PAKISTAN

174 administrative detention without formal the appeals had not been heard. charge or trial. Most of those arrested When martial law was lifted, a par­ were leaders of ethnic communities. Re­ liamentary committee was established to ports of the torture and ill-treatment of consider action on prisoners convicted by prisoners were received and a number of military courts who were considered to be people were subjected to public floggings. "hardship cases". This term, although not At least 70 people were sentenced to defined, excludes prisoners convicted of death. including some tried under new "heinous offences", and may exclude pris­ legislation for "speedy trials". The num­ oners under sentence of death. The com­ ber of prisoners executed was not known. mittee submitted its fi ndings to the Prime Political parties have fu nctioned large­ Minister in June. However, the findings ly without restriction since martial law were not made public and the government was lifted in 1985. However. some partici­ had taken no action by the end of the year. pants in political demonstrations. includ­ Special courts established under the ing non-violent protests. were arrested as 1975 Suppression of Terrorist Activities police dispersed crowds. Most of those Act continued fo r a second year to hear arrested were detained only briefly. cases of more than 12 prisoners. Under this More than a dozen political prisoners law, defendants need not be presumed were released. including prisoners of con­ innocent. They are required to prove inno­ science arrested in previous years. Ahmad cence if, for example, they are in posses­ Kamal Warsi and Ghulam Shabbir Shar. sion during arrest of any article which imprisoned since 1980 (see Amnesty Inter­ could be used to commit an offence national Report 1987). were freed on the covered under the law, such as criminal expiry of their sentences in December. conspiracy against the state. The only trial Two leaders. Mumtaz Ali Bhutto and held under provisions of the Act which Abdul Hafiz. and 10 other members of the reportedly concluded during the year re­ Sind-Baluch-Pakhtoon Front (SBPF). a par­ sulted in acquittal. The prosecution's case ty advocating a confederate structure for had rested on a confession, subsequently Pakistan, were released on bail during the retracted by the defendant and not cor­ second half of the year. They had been roborated by independent evidence. The charged with sedition, creating enmity prisoner was not released, however, be­ between different groups and "anti­ cause a special military court had already national activities". Most of them had been convicted him on other charges. In July the arrested in late 1986. Act was amended to cover murder or More than 100 political prisoners re­ attempted murder committed in the course mained without adequate judicial redress of other offences. fol lowing their conviction prior to 1986. As in previous years, dozens of mem­ They had been tried by special military bers of the Ahmadiyya community were courts which fa iled to uphold interna­ arrested (see Amnesty International Re­ tionally recognized principles that courts port 1987). They were prohibited from must be independent from the executive calling themselves Muslims or engaging in and that defendants must have the right of Muslim religious practices under amend­ appeal to a higher court. Many of the ments to the penal code introduced in political prisoners brought before special 1984. They were released on bail while military courts were reportedly tortured to awaiting trial or while appealing against obtain confessions subsequently used as prison sentences, usually of between one � evidence against them. and three years. One Ahmadi awaiting � Cl< Amendments to the Constitution trial, who was reportedly involved only in enacted before the lifting of martial law practising and explaining his religious ...� Cl< purportedly prevent civilian courts from beliefs, was charged under Section 295-C .... C Z examining the verdicts imposed by mili­ of the penal code prohibiting remarks de­ o tary courts. However, both the Sind and rogatory to the prophet Mohammad. This z� Lahore High Courts ruled that, on certain section was amended in 1986 to provide Cl< ... � restricted grounds, petitions challenging for the death penalty. !!: conviction by a military court could be Hundreds of people were detained dur­ >­ III� heard by the courts. The government ing the year under the Maintenance of ... z appealed to the Supreme Court against Public Order Ordinance (MPO), which :lE c these decisions but by the end of the year empowers the authorities to order deten- ASIA AND THE PACIFIC / PAKISTAN

tion without trial for up to three months if a but it is not known whether the sentence 175 person is considered to be "acting in any was carried out. manner prejudicial to public safety or the At least 70 people were reportedly sen­ maintenance of public order". Under Arti­ tenced to death in 1987, but the real total cle 10 of the Constitution, a review board may have been conSiderably higher. Two must determine whether detention should people convicted in November of adultery be continued beyond three months. De­ were sentenced to death by stoning, a tainees held under the MPO included punishment rarely imposed. After the people suspected of inciting communal promulgation in July of the Special Courts tension or of complicity in bombings. for Speedy Trials Ordinance, an increasing In some cases, the High Courts ordered number of people were sentenced to death. the release of MPO detainees because no Some of their trials lasted only two or three specific grounds for detention had been days. cited. For example, two political activists The government announced that the arrested in Karachi after a major bomb Ordinance was intended to accelerate the explosion in July, who were subsequently trials of those charged with bombing and reported to be held incommunicado for a other acts of sabotage. Such incidents, few weeks, challenged their detention be­ which had previously been confined large­ fore the Sind High Court. The court ly to North West Frontier Province, had ordered their release in mid-August, not­ recently increased. People accused of mur­ ing the deficiency of the detention orders der in other circumstances were also tried in not specifying the grounds for arrest. It by special courts. The Or dinance em­ also commented that under the MPO a powered the provincial governments to detainee cannot be held, as these two determine which cases should be heard by activists were, exclusively under police special courts and to appoint judges to control. these courts. It contained no right of A number of prisoners, most of them appeal to the High Courts, limiting appeal held on criminal grounds, were reportedly to the Supreme Court only. When the tortured in police custody or in prison. government introduced a bill in Parlia­ Ghulam Haider was reported to have been ment in October based on the provisions of beaten so badly in Dadu District Jail on 9 the Ordinance, the legislation was strongly February that a medical examination six criticized on grounds of its departure from days later revealed multiple contusions Pakistan's Criminal Procedure Code. "with blackish colour of overlying skin Amendments added before passage of the and putrefaction of underlying tissues and bill include the right of appeal to the High muscles ...re sulting in gangrene on both Courts and the requirement for consulta­ buttocks". He was subsequently trans­ tion with the Chief Justice in the appoint­ ferred to hospital in Karachi, where he ment of judges. reportedly required skin grafting treat­ In October 1,467 prisoners were re­ ment. Wazir Leghari was allegedly beaten portedly under sentence of death in Punjab on the soles of his feet and legs with solid province, which contains over half the rubber sticks and canes by warders at country's population. The numbers under Hyderabad Central Jail in March. Both his sentence of death in other provinces were legs were amputated below the knee after not known. The majority of cases in Punjab the wounds inflicted turned gangrenous. were awaiting appeal rulings by the super­ The Sind authorities announced official ior courts. The number of people executed � • inquiries into the treatment of both prison­ in 1987 was not known. In recent years, at z ,., ers, but the findings were not made public least several dozen people have been '" and no prosecutions are reported to have hanged annually. � i fol lowed. An Amnesty International mission vis­ .... ,., The courts continued to impose sen­ ited Pakistan in April to discuss its con­ � tences of flogging, often between five and cerns with the federal government and the o� 30 lashes for drug-related offences and as provincial administrations in Punjab and z many as 55 lashes for sexual offences Sind. The lack of judicial redress for pol­ � '" proscribed by Islamic law. Floggings regu­ itical prisoners and prisoners under sen­ ,., � larly took place in public. In June it was tence of death convicted by special mili­ � reported that a 10-year-old boy had been tary courts was ofpar ticular concern. The sentenced to 20 lashes for drug possession, authorities stated that no prisoners s n- i ASIA AND THE PACIFIC / PAKISTAN / PALAU / PHILIPPINES

176 tenced to death by special military courts United States of America was approved. had been executed since the lifting of The amendment removed a provision re­ martial law. quiring a 75 per cent majority to overturn The delegation also raised concern an anti-nuclear clause in the Constitution. about the arrests and prosecutions of mem­ This provision had prev.ented earlier bers of the Ahmadiyya community, in approval of the Compact. By the end of the apparent violation of international stan­ year, further action by the US was still dards of religious tolerance. In addition, needed before the Compact could take delegates inquired about safeguards for effect. prisoners and investigations into allega­ Roman Bedor, a lawyer who led legal tions of torture. Subsequently, Amnesty moves to retain anti-nuclear provisions in International wrote to the government the Constitution, was one of several oppo­ asking about the parliamentary commit­ nents of the constitutional changes who tee's findings on convictions by military received death threats in September. A courts under martial law and about the group of fo rmer government workers who outcome of official investigations into the reportedly had retained access to govern­ alleged torture of Ghulam Haider and ment vehicles and resources were said to Wazir Leghari. The government did not be responsible fo r these threats. On 7 respond. In December, on the second September Roman Bedor's fa ther was shot anniversary of the lift ing of martial law, dead while standing guard outside his Amnesty International repeated an appeal son's office. The assailant or assailants made previously for prompt action to pro­ apparently mistook him fo r his son. vide judicial redress fo r political prisoners Amnesty International wrote to Presi­ sentenced by special military courts. dent Lazarus Salii in September, urging During the year Amnesty International him to establish an impartial investigation submitted its information to the United into this killing and appealing for govern­ Nations Special Rapporteur on torture and ment action to safeguard opposition fig­ the Special Rapporteur on summary or ures who had received death threats. arbitrary executions. PHILIPPINES PALAU Over 100 left-wing political activists and members of left-wing trade unions and peasant organizations were killed by the security fo rces, paramilitary units under their command or civilian "vigilante" groups operating with government sup­ port. Several "disappeared" in custody.

� Opponents of a proposed agreement with '"� .. the United States of America were sub­ -' c z jected to death threats during 1987. In o September the father of a lawyer active in z� a campaign against the agreement was .. '" shot dead. ! Palauan voters passed an amendment � to the Constitution in August which paved Most of the victims were apparently '" z the way fo r a second vote in which a suspected of supporting the New People's a c Compact of Free Association with the Army (NPA), the armed wing of the Com- ASIA AND THEPACIRC I PHILIPPINES munist Party of the Philippines (cPp), The incidence of extrajudicial execu­ 177 which continued to wage a guerrilla war tions rose fo llowing the collapse in Janu­ against the government. The killings and ary of talks between the government and "disappearances" often appeared to be in the cPP-led National Democratic Front retaliation for the assassination of police, (NOF) over how to end the insurgency. The military and paramilitary personnel by the immediate cause of the collapse was an NPA. ]n the south, at least five Muslim incident on Mendiola Bridge in on missionaries were killed by soldiers in an 22 January. Government troops opened apparent response to an attack on an army fire on supporters of a national peasant post by another opposition group, the organization, Kilusong Mogbubukid ng Moro National Liberation Front (MNLF). Pilipinos (KMP), during a violent demon­ While investigations were promptly estab­ stration near the presidential palace in lished into many of these killings, few support of land reform. At least 12 people resulted in prosecutions. were killed. The NOF withdrew from nego­ The government of Pres ident Corazon tiations and a cease-fire between the NPA Aquino took steps to introduce legal safe­ and government fo rces was allowed to guards for the protection of human rights. lapse on 7 February. ]n February voters approved a new Con­ Three days later, 17 villagers were stitution with a Bill of Rights which speci­ killed by the Philippines army in Namu­ fically outlawed torture and all forms of langayan, Lupao, Nueva Ecija, fo llowing secret and incommunicado deten tion. It an NPA ambush of an army patrol in which provided fo r a permanent Commission on a lieutenant was killed. The NPA fighters Human Rights to conduct hearings into escaped, but soldiers then rounded up allegations of human rights abuses and for many villagers in their homes and shot the dismantling of private armies and them. Among the dead were six children paramilitary units such as the Civilian and a couple in their eighties. General Home Defense Forces (CHOF), which were Ramos, Chief of Staff of the Armed Forces, responsible for many human rights viola­ ordered a fu ll investigation on 13 Febru­ tions under the government offormer Pres­ ary. ]n June investigators ident Ferdinand Marcos. The death penal­ filed charges against 42 soldiers, but by the ty was fo rmally abolished when the new end of the year they had not been tried. Constitution was ratified in February and There were reports of similar killings by President Aquino announced the com­ government forces in the following mutation of over 500 death sentences. months. For example, in late April, seven Congressional elections were held in May, non-combatant civilians were alleged to and Congress convened in July with Hu­ have been extrajudicially executed by the man Rights and Justice Committees in both 57th and 61st Infantry Battalions during the House of Representatives and Senate. operations against the NPA in Cadiz and On 11 June the second Protocol of the Sagay, northern Negros Occidental. On 4 Geneva Conventions relating to the protec­ July an organizer for the National Federa­ tion of victims of non-international armed tion of Sugar Workers, Amado Cayao, was conflict, which the government ratified in shot dead, reportedly by members of the 1986, took effect. 339th Company of the Philippines Consta­ The year was marked, however, by in­ bulary (PC). In another case, Valeriano creasing political violence on the part of Caro, vice-chairman of the KMP in the both security fo rces and opposition Visayas region, and his son Rolito were groups. There were three attempted mili­ shot dead on 3 October in Galang, Odon, tary coups, with the last and most serious Iloilo, by members of the army's Regional on 28 August resulting in 50 deaths. Over . The military 100 police officers and military officials claimed they were killed in an "encoun­ were assassinated in Manila alone; the NPA ter" but Valeriano Caro's wife, who wit­ claimed responsibility for many of these nessed the shooting, said her husband and killings. There were several reports of son had been shot dead in custody. torture and killing of captives by the NPA Several extrajudicial executions and and MNLF. Amnesty ]nternational as a mat­ "disappearances" were reported in con­ ter of principle condemns the torture or nection with congressional elections in execution of prisoners by anybody, includ­ May. On 6 May Nenita VilIalobos, Marissa ... :,g ing opposition groups. Nombre and Junie Academia (aged only CD ASIA AND THE PACIFIC / PHILIPPINES

178 15) were arrested in Hilamunan, Kabank­ ally "chop-chop" from the practice of alan, N�gros Occidental, by members mutilating their victims with machetes) of the Kabankalan Integrated National joined fo rces with the "vigilantes". The Police. They were all campaign workers fa ilure of the government to condemn the for a left-wing candidate. Witnesses re­ abuses carried out by these groups sug­ ported that they were taken away in a gested that they were condoned. police vehicle, but police officers denied In March Agustin Logo, the acting having detained them. On 6 June two municipal administrator of Kamarahan, bodies later identified as those of Nenita President Roxas, North Cotabato, was Villalobos and Junie Academia were fo und hacked to death by 10 Todtods after he in a sugar-cane field in Talisay, about 85 refused to support the Alsa Masa, a "vigi­ km. from Kabankalan. An autopsy showed lante" group. In early April Roger ltil, a they had died of hack wounds. An inves­ suspected NPA member, was killed and tigation was undertaken by the Commis­ decapitated by Todtods who publicly sion on Human Rights and the National announced, "We killed him because he Bureau of Investigation, but its outcome was a communist." was not known at the end of the year. On 28 April 10 Todtods entered the Another left-wing campaign worker, compound of the Lapanday Development Arcadio Ramires, "disappeared" in Tondo, Corporation (LADECO) in Mandug, Davao Manila, on 9 June after being seized by five City, Mindanao, looking fo r trade union armed men believed to be police officers. organizers they considered sympathetic to His abduction fo llowed the killing of a the NPA. Peter Alderite, a director of the police officer in Tondo, apparently by the Lapanday Workers' Union, was the first NPA. By the end of the year there was no organizer they encountered, and they news of his whereabouts. hacked him to death with machetes in Five Muslim missionaries were killed front of many witnesses. The Todtods were in Lanao del Norte on 29 June by members reportedly brought to the compound in of the 24th Infantry Battalion, 12 hours military trucks and told residents they after an attack on some soldiers by the were acting on military "mission orders". MNLF in neighbouring Lanao del Sur. An An official investigation was opened into army commander announced in July that the killing, but witnesses reportedly were murder charges would be filed against afraid to testify, and no suspects were three soldiers. identified. Left-wing public figures in Manila were Killings by "vigilantes" have been re­ attacked by armed men believed to be ported from places throughout the coun­ associated with the military. On 8 June a try, including Cebu, Samar, Leyte, Bicol, car carrying Bernabe Buscayno, a fo under Misamis Oriental and northern Luzon. In of the NPA, was attacked; he escaped but response to widespread publicity, an his companions, Manuel Sanchez and Dan inter-agency committee made up of the Sibal, were killed. On 19 September Lean­ Departments of Local Government and dro Alejandro, leader of the left-wing Defense and the Armed Forces of the Phi­ coalition BAYAN, was assassinated. A hu­ lippines issued guidelines in October on man rights lawyer, David Bueno of Laoag how these groups were to be organized, City, 1I0cos Norte, was assassinated on 22 recruited, trained and supervised. By the October, and other lawyers received death end of the year, the introduction of these threats. guidelines had had little noticeable impact By April reports of killings and other in reducing the scale of human rights abuses by civilian groups commonly violations. known as "vigilantes" were widespread. Unofficial paramilitary groups, which By the end of 1987 there were over 200 unlike the "vigilantes" were engaged such groups, officially termed "Civilian openly in offensive actions against the Volunteer Self-Defense Organizations". NPA, were also responsible for political They were fo rmed with the encourage­ killings. On 6 October Daniel Ngaya-an, a ment of the civilian and military author­ tribal leader and political activist in the ities to provide intelligence to local mili­ Cordilleras, the mountainous region of tary authorities and conduct village secur­ northern Luzon, was shot dead by the ity patrols. Many unofficial paramilitary Cordilleras People's Liberation Army groups such as the so-called Todtod (Iiter- (cPLA) , led by fo rmer NPA leader Conrado ASIA AND THE PACIFIC / PHILIPPINES / SINGAPORE

Balweg. The CPLA began working with the local and national levels. Following a mis­ 179 military in operations against the NPA after sion in December 1986, it wrote to six the government negotiated a cease-fire regional commanders noting reports of with the CPLA in September 1986. Daniel extrajudicial executions and "disappear­ Ngaya-an was seized by CPLA men on 5 ances" that had occurred in their regions October in the village of Cagaluan, Pasil, in 1986 and requesting their comments on while returning home from a meeting. On the allegations. However, only two com­ 10 October Conrado Balweg claimed the manders had responded by the end of the CPLA had executed Daniel Ngaya-an on 6 year, one saying that the allegations were October because he was being used by the being investigated, one stating that he did CPP against the CPLA. "not entertain inquiries from fo reigners". Investigations into alleged human In March Amnesty International wrote rights offences rarely led to prosecutions, to the Secretary of Justice asking about the often because witnesses were too fright­ status of a presidential decree issued dur­ ened to testify or because the military ing the previous administration, PD 1850. authorities fa iled to cooperate. Unspeci­ The decree requires military personnel to fied administrative sanctions were im­ be tried in military courts, regardless of the posed on six officers involved in the 22 charge. Many lawyers regard the decree as January Mendiola incident, but the in­ a major obstacle to the effective prosecu­ quiry commission's recommendation that tion of suspected human rights offenders. several members of the security fo rces By the end of the year, the decree was still should be charged with criminal offences in force. was not implemented because the indi­ Amnesty International also repeatedly viduals were not identified. An investiga­ expressed concern about alleged extra­ tion into the killing of trade union leader judicial killings by "vigilante" groups in Rolando Olalia in November 1986 resulted letters to President Aquino and other gov­ in one soldier being charged, but a second ernment and military officials. During an man sought in connection with the killing Amnesty International mission in July, it was not captured. Court proceedings raised these concerns with officials from against the first man had not begun by the the Departments of Defense and Local end of the year. Government and the military. It submitted Where military personnel were prose­ several cases from the Philippines to the cuted, convictions were rare. A trial in a United Nations Special Rapporteur on military court of two military intelligence summary and arbitrary executions. agents accused of complicity in the abduc­ tion and "disappearance" of Father Rudy Romano in July 1985 concluded in August 1987 with the acquittal of both men. SINGAPORE One human rights trial during the year did result in a conviction. On 4 September �� eight men, all fo rmer members of the CHDF, were convicted in a civilian court of the murder of Father Tullio Favali in Kidapa­ wan, North Cotabato, in April 1985 and given life sentences. The rising level of political violence led to calls fo r stricter laws and fo r restoration of the death penalty. At congressional hearings in October on a bill to reintroduce z -< capital punishment, Amnesty Inter­ m '" national gave evidence to support its view Z that the death penalty violates fun­ � o z damental human rights and has no special , a prisoner of conscience ,. ,... deterrent effect. The bill was still pending detained continuously since 1966, re­ '" m at the end of the year. mained in prison throughout the year. At ;g Amnesty International raised its con­ least 26 other people were detained in � cerns about human rights violations with 1987 under the Internal Security Act (ISA) ..:D military and civilian authorities at both which provides for indefinite detention .. ASIA AND THE PACIFIC / SINGAPORE

180 without trial. Of these, 22 were prisoners under the [SA in April for spreading of conscience, 21 of whom were released rumours of impending racial clashes. The before the end of the year. However, in fo ur were members of a silot (martial arts) all cases but one, restrictions on their group and were accused of having pre­ freedom of movement and association pared themselves fo r racial violence by were imposed as conditions of their re­ stepping up their training. The Ministry lease. Some of the detainees were iII­ of Home Affairs said that the announce­ treated during interrogation. There were ment of their arrest had been delayed as at least six death sentences imposed by the government did not want to cause any the courts for drugs offences and murder, public anxiety. All fo ur were served with but no executions were reported. detention orders at the end of the 3D-day In May and June, 22 people were investigation period, but no further in­ arrested under the [SA and accused of fo rmation was made public as to whether being involved in a "Marxist conspiracy they were still being detained at the end of to subvert the existing social and political the year. order" in the largest crackdown on gov­ Chia Thye Poh, a former member of ernment opponents in Singapore for near­ Parliament representing the opposition ly a decade. Barisan Sosialis, Socialist Front, re­ The 22, many of them church and mained in detention throughout 1987. He social workers, had been involved to has been held continuously without varying degrees in community work, the charge or trial since October 1966. He was dramatic arts, workers' and students' accused of being a member of the out­ groups and in the opposition Workers' lawed Communist Party of Malaya (CPM) Party. Following the arrests the Ministry at the time of his arrest and of having been of Home Affairs issued a statement con­ instructed to infiltrate the Borison taining detailed allegations against the Sosiolis and to destabilize the govern­ detainees. In addition, the state-owned ment. He has consistently denied these television company subsequently broad­ allegations and refused to agree to what cast a series of heavily edited interviews amounts to a confession of guilt in ex­ with detainees, recorded while they were change for his release. in custody, designed to appear as "confes­ Under Singapore's Misuse of Drugs Act sions" in support of the government (1973) as amended in 1975, the posses­ allegations. However, there was convinc­ sion of and unauthorized trafficking in ing evidence that these "confessions" had over 15 grams of heroin or fixed amounts been obtained under duress, after the of other drugs incurs a mandatory death detainees had been held in solitary con­ penalty. At least 20 prisoners convicted of finement, subjected to continuous inter­ drugs offences have been executed since rogation fo r lengthy periods and denied 1975 and at least seven others were await­ effective access to legal counsel. Some of ing the outcome of their appeals against the detainees had, in addition, been the death sentence. beaten by their interrogators and doused Six people were sentenced to death by with cold water. the Singapore High Court in 1987: three Fourteen of the detainees were served were convicted of drug-trafficking and with one-year detention orders at the end three were convicted of murder. The Su­ of the 3D-day investigation period pro­ preme Court also confirmed the death

co vided for under the [SA. Vincent Cheng, sentence passed on a Malaysian citizen in co � the secretary of the Catholic Church's 1985 for trafficking in heroin. No execu­ :x Justice and Peace Commission, who was tions, however, were reported to have described by the authorities as one of the taken place. '"� Cl< key figures in the alleged conspiracy, was During 1987 Amnesty International ..... < z served with a two-year detention order. continued to press fo r the unconditional o Before the end of 1987 all had been release of Chia Thye Poh. In May it z� released, except Vincent Cheng, either by publicly expressed concern about the de­ Cl< having their detention orders suspended, tentions of Vincent Cheng and others held � or with restrictions imposed on their under the [SA. Amnesty International sent � freedom of movement and association. a fact-finding mission to Singapore in '" z In June the authorities announced that June, during which its delegates discus­ :E < four ethnic Malays had been detained sed the detentions with a senior official of ASIA AND THE PACIFIC / SINGAPORE / SRI LANKA the Ministry of Home Affairs, and met death, and their bodies disposed of in 181 relatives, lawyers and the organizations secret. By the endof 1987 over 680 Tamils alleged to have been used by the detainees had reportedly "disappeared" since 1983, in the conspiracy. On the basis of the and no substantive attempts had been information obtained by its delegates dur­ made by the government to establish what ing and after this mission, Amnesty Inter­ had happened to them. national confirmed that all 22 arrested in Following the signing of a peace accord May and June were prisoners of con­ between India and Sri Lanka on 29 July, science. In September it submitted its several thousand imprisoned Tamils were fi ndings to the authorities in Singapore. released. Many had been detained without The government did not comment trial for several years under the Prevention directly on the mission report which was of Terrorism Act (PTA) or Emergency Reg­ made public in October. However, it ulations (ER). Many of those released in attempted to rebut the report through a eastern Sri Lanka complained of having publicity campaign in the local and fo r­ been tortured and some said they had eign press, repeating its original allega­ witnessed the deaths under torture of other tions against the detainees and denying detainees. Around 1,000 Tamils were still that they had been ill-treated. Amnesty held under the PTA at the end of 1987. International welcomed the release of 21 Hundreds of Sinhalese were also de­ of thedetai nees and continued to press for tained without trial. Most were alleged Vincent Cheng's unconditional release members of the banned la na/ha Vim ukthi and to call for the restrictions imposed on Peramuna (JvP). People's Liberation Front, those released conditionally to be re­ suspected of involvement in violence and moved. Amnesty International also killings of government officials and mem­ appealed fo r the death sentence to be bers of the ruling United National Party commuted in every case of which it (UNP). learned. In late 1987 there were increasing allegations that members of the Indian Peace Keeping Force (IPKF) deployed in the north and east as part of the July peace SRI LANKA accord were responsible for rape and other acts of brutality against Tamil civilians, including extrajudicial killings. Several armed Tamil groups conti nued their fight for a separate state, killing mili­ tary and police officials and alsohundr eds of unarmed Sinhalese civilians. On 17 April 127 passengers travelling on buses and trucks were killed in Trincomalee district. A number of bomb explosions resulting in extensive civilian casualties were also attributed to Tamil groups, in­ cluding one in April in a Colombo bus station which killed an estimated 110 civil­ ians, and another in Maradana district of

The continuing conHict in northern and Colombo in November which killed 32. :­ E eastern Sri Lanka exacted a heavy price Following the suicide in captivity of 13 Z ,., members of the Liberation Tigers of Tamil ." from the civilian population. The police .. and armed fo rces continued to kill non­ Eelam (LITE) on 3 October, the LITE killed ... i combatant Tamils, while armed Tamil eight Sinhalese soldiers and police whom .. ,., .. groups fighting for a separate state were they had held since 23 March, as well as four z responsible for the deaths of hundreds of Sinhalese members of a television team and � CSz Sinhalese and Muslim civilians, as well as two Sinhalese officials in Kankesanthurai. ,. hundreds of Sri Lankan military person­ ... In some cases the government imposed a .. ,., nel. Of particular concern were reprisal curfew in an attempt to prevent retaliatory ..� killings of Tamil civilians by the security action against Tamil civilians, but many .. .. fo rces and reports that Tamil suspects unarmed Tamil civilians were killed in IQ taken into custody were shot or tortured to reprisal. :: ASIA AND THE PACIFIC { SRI LANKA

182 For example, at least 150 civilians, near­ Supreme Court ruled that the police had ly all Tamils, were killed by the Special tortured him and ordered the state to pay Task Force (STF) after 13 STF personnel had compensation. It also ordered a fu ll inves­ been killed at Kokkaddicholai near Battica­ tigation, which led to the police officers loa on 28 January. The government said 23 being charged. The outcome of the case was ofthe dead were separatist guerrillas and 13 not known by the end of the year. were STF members, but evidence from eye­ The Indo-Sri Lankan agreement in­ witnesses indicated that most of the victims cluded an amnesty for all prisoners held were unarmed Tamil civilians, including under the PTA and other emergency laws women and children. The government whether detained, charged or convicted. By announced an inquiry into the incident but the end of 1987, it was estimated that 3,750 by the end of 1987 it was not clear whether it of the 5,400 or more Tamil detainees held had been held. under these laws at the time of the July Between 1983 and the signing of the accord had been released. Among them was Indo-Sri Lankan accord, 685 "disappear­ Father A. Singarayar, a prisoner of con­ ances" were recorded in northern and east­ science (see Amnesty In ternational Report ern Sri Lanka. In many cases, eye-witnesses 1986). Hundreds of prisoners were released testified to the victim's arrest. There was in the weeks after the accord, but the release evidence that many of the "disappeared" program then slowed down. In October the had been tortured, that some had died as a government stopped withdrawing charges result, and that others had been shot dead against people held under the PTA and after arrest and their bodies disposed of in President Julius Jayewardene announced secret. Several released prisoners testified that the amnesty no longer applied to the that they had been fo rced to bury the bodies LITE or to anyone else "waging war against of detainees shot by the STF and that they the government". No Sinhalese prisoners had seen tortured prisoners die in custody. charged with these and other offences under One released detainee testified that he had the PTA had benefi ted from the amnesty. The burnt the dead bodies of 25 Tamil youths in government was also proceeding with two Akkairaipattu camp during the first seven trials of Sinhalese and Tamil suspects months of 1987. There were also several charged under the PTA with conspiracy to reports of "disappearances" of Sinhalese in overthrow the government. Towards the the south. end ofthe year several hundred Tamils were The government continued to deny that again arrested under the PTA. Many were "disappearances" had occurred. In Decem­ arrested by the IPKF during "cordon and ber the United Nations Working Group on search operations". Enforced or Involuntary Disappearances re­ Hundreds of Sinhalese were reported to ported that 667 cases of "disappearance" have been arrested and detained without needed clarification by the government. charge under the Emergency Regulations Many testimonies from released prison­ (ER), many on suspicion of supporting the ers were received, some supported by jVP and the Deshapremi Janata Viyaparaya medical records, alleging torture during in­ (DjV), People's Patriotic Movement, with terrogation in army or STF camps or police which the jVP is closely linked. Both stations, especially in the eastern province organizations opposed the peace accord. On in the period since 1985. Many victims bore 18 August President Jayewardene escaped a marks of torture: one had marks all over the grenade attack which injured several minis­

GO body from burns caused by dripping melted ters and killed one Member of Parliament. GO � foam rubber on the skin. With one excep­ By the end of the year the police had held � tion, habeas corpus petitions fa iled to pro­ the jVP responsible for killing over 250 � duce any action on behalf of alleged torture government officials, UNP supporters and '" "" victims. Most detainees had difficultygain­ members of left-wing opposition parties. In .... c z ing access to the competent courts in Col­ December the chairman of the UNP and a o ombo and were afraid of repercussions. superintendent of police were killed. z� Four police officers were charged in July Two hundred Buddhist monks allegedly "" '" ... after a prison doctor found injuries on the sympathetic to the jVP were among those !: body of a Sinhalese criminal suspect, Amal arrested under the ER during riots in late

III� Sudath Silva. He alleged that he was tor­ July. By mid-August, 2,000 people had re­ '" z tured by police in Panadura while held fo r portedly been arrested in the south and :Ii c five days in October 1986. In July 1987 the although many were released, hundreds of ASIA AND THE PACIFIC / SRI LANKA/ TAIWAN other alleged JVP supporters were arrested Sinhalese detained in the south who were 183 before the end of 1987. In October the regarded as possible prisoners of con­ government announced that those held science. It urged full implementation of under the ER without positive evidence of an the amnesty provisions in the July peace offence would be released, but added that accord and intervened on behalf of one this would not apply to members of pro­ person sentenced to death in June. scribed organizations such as the JVP. Presi­ Amnesty International cont inued to dent Jayewardene was reported to have oppose the forcible return of Tamil stated in December that members of the JVP asylum-seekers to Sri Lanka on the had to be "eliminated" and that the security grounds that they would be at risk of forces would have immunity from prosecu­ imprisonment as prisoners of conscience, tion fo r action taken in combat. torture or exe cution. It received reports Many of those arrested under the ER were that four Tamils repatriated against their held in police stations fo r months without will were arrested on arrival on 24 January being brought before a magistrate. In some and taken into custody by the CID. Amnesty cases relatives were reportedly arrested if International took up the case of one of the police could not find the wanted person. them, but by the end of the year the Relatives were often not informed of arrests detainee was still being held without and were often unable to find out where charge or trial. detainees were being held, at least initially. Amnesty International also submitted After its forces entered Sri Lanka on 30 information to the UN Special Rapporteur July, the IPKF was increasingly accused of on torture and the UN Working Group on raping Tamil women and of deliberately Enforced or Involuntary Disappearances. killing dozens of unarmed Tamil civilians, It expressed concern about hundreds of among them elderly people, women and "disappearances" in Sri Lanka in a state­ children. The Indian Government said that ment to the Commission on Human Rights those killed were members of the LTTE or in March. In June Amnesty International civilians who had been killed in "crossfire". published details of 216 new "disappear­ However, in several cases there was eye­ ances" in the eastern province and called witness evidence that the victims were non­ for the government to account for the combatants shot without provocation. For prisoners. It was concerned by the fa ilure example, on the night of 12/13 October, of the Sri Lankan Government to accept an some 40 non-combatant Tamils were offer by the International Committee of the allegedly killed by the IPKF after 29 IPKF Red Cross to provide assistance and pro­ soldiers were shot deadby the LTTE during a tection to victims of all parties affected by major Indian military operation launched to the conflict in Sri Lanka. obtain control of the Jaffna peninsula from the LTTE. Relatives of the victims said that IPKF soldiers had taken refuge in nearby houses and shot people, including children, TAIWAN at point-blank range. (REPUBLIC OF CHINA) Several dozen Tamil women, some of whom needed hospital treatment, testified Six prisoners of conscience were held that they were raped by IPKF personnel. A throughout the year and two others, local magistrate in the north reportedly arrested in October, were still held at the fo und the IPKF had been responsible fo r end of 1987. At least 14 prisoners of ,. iI seven cases of rape in December. The Indian conscience were among the political pris­ z m Government denied these allegations. oners released under clemency measures. � At least one person was sentenced to Allegations of torture were made by two -< z death but there were no executions. defendants tried fo r sedition, and three ... m '" Throughout the year Amnesty Inter­ deaths from ill-treatment in custody were Z national expressed concern to the Sri Lan­ reported. Over 20 death sentences were �o "disappearances", tor­ imposed, and three prisoners convicted of z kan authorities about ,. ture and deaths in custody and urged an criminal offences were executed. ... '" m end to incommunicado detention, and im­ The process of political liberalization ..., o '" provements in detention conditions. continued and in July the martial law ... Amnesty International also investigated decree in fo rce since 1949 was lifted. :;; the cases of over 200 Tamils and 20 Military court trials of civilians charged g: ASIA AND THE PACIFIC /TAIWAN

184 were released in a government amnesty to mark the lifting of martial law. Under the amnesty the government halved the sen­ tences of all those convicted of sedition and still imprisoned or released on parole, except those convicted of violent offences or convicted and imprisoned more than once. The prisoners of conscience who were not released were Pai Ya-tsan, whose life sentence fo llowing arrest in 1975 was reduced to 15 years, and five others: Hou Teh-fu, arrested in 1976; Chang Hua-min, arrested in 1979; Shih Ming-teh, arrested in 1980; Wang Ching-hsiung, arrested in with sedition and other serious offences 1981; and Hsu Chao-hung, arrested in ceased and the constitutional rights to 1985. These five prisoners did not benefit form political parties, to hold demonstra­ from the amnesty because they had been tions and to strike were partially restored. convicted of sedition on several occasions. However, the government introduced a Two former prisoners of conscience, new National Security Law on 1 July Hsu Tsao-teh and Tsai Yu-chuan, were which imposed strict limits on freedom of rearrested on 12 October and Amnesty expression. Article 2 of the new law pro­ International again considers them to be vides that "no person may violate the prisoners of conscience. Both men were Constitution or advocate communism or members of the newly-formed Formosan the division of national territory". The Political Prisoners Association, a support article does not specify penalties, which group of former political prisoners. On 10 are prescribed in draft legislation on December they were charged with sedi­ assembly and civic organizations that was tion, on the grounds that they had intro­ introduced in the Legislative Yuan (Coun­ duced a clause into the group's charter cil) in the latter part of the year. The supporting independence for Taiwan. Thtl Statute for the Punishment of Sedition, government bans this view, regarding the under which most prisoners of conscience island as a province of China which it had been held during martial law, re­ wants reunified with mainland China mained in fo rce but trials under the Statute under the political doctrine of Dr Sun were conducted by civilian courts. Vat-sen. During the year the government re­ During the year at least 15 ethnic leased on parole at least 60 prisoners Chinese from overseas and refugees from convicted of sedition. The occasions for mainland China were arrested on charges releases included the Chinese New Year of promoting communist ideas or spying and the lifting of martial law. Between for the People's Republic of China. Two of January and June, 10 prisoners of con­ them, Huang Chien-feng and Li u Teh-chin, science were released, including: Yao claimed during their trial that they had Chia-wen, a lawyer; Huang Hsin-Chieh, a been tortured during interrogation. In former Legislative Yuan member; and September fo ur young people from Hong Chang Chun-hung, a fo rmer Taiwan pro­ Kong were detained briefly by the Inves­

.. vincial assembly member. The three pris­ tigation Bureau and questioned about the .. � oners were arrested in December 1979 in views they had expressed, including opin­ ... co: connection with the Kaohsiung Incident. ions about China's relations with Hong o CL Four prisoners of conscience who had Kong and Taiwan. The fo ur had attended a '" co: been detained since 1976 were also re­ meeting in Taiwan organized by two dissi­ ..... c z leased, among them Huang Hua, a writer, dent groups and were released after fo r­ o and Chen Ming-chong and Yang Chin-hai. mally recanting their views. �z Amnesty International had been especial­ Tsai Keh-tang, a resident of Chiayi in co: '" ly concerned in recent years about the Taiwan, was charged in November with ! ill-health of Yang Chin-hai and Chen sedition after allegedly distributing pro­

."� Ming-chong. communist leaflets, listening to radio '" Z In July some 30 other political prison­ broadcasts from China and sending ma­ a c ers, including two prisoners of conscience, terial to the People's Central Broadcasting ASIA AND THE PACIFIC / TAIWAN

Station there for broadcast back to Tai wan. Chien-feng and Liu Teh-chin. It also 185 On 21 December he was sentenced to eight sought information about cases in which years' imprisonment. criminal charges may have been brought Taking advantage of the freer political against people fo r political motives. These atmosphere, opposition politicians and cases included those of the DPP leaders local pressure groups held an unpre­ charged with injuring policemen during cedented number of street demonstrations. the demonstration in Taipei on 12 June. Some violent clashes occurred between Amnesty International was concerned that some demonstrators and the police. Aftera the DPP leaders had not themselves been demonstration against the proposed involved in the violence and had National Security Law, organized by the apparently sought, both before and during opposition Democratic Progressive Party the demonstration, to prevent violence. (DPP) and held in Taipei on 12 June, the While welcoming the lifting of martial authorities prosecuted the organizers law and an end to military trials of civil­ rather than those directly responsible fo r ians, Amnesty International expressed the violence. Hsieh Chang-ting and Hong concern that the new National Security Chi-chang had not been at the site of the Law would unduly restrict the rights offree clashes but were charged with injuring riot expression and association. The organization policemen. Their trial had not been com­ conveyed its concern to the government in pleted by the end of the year. early January, when the proposed law was At least three prisoners were reported under discussion, and again in September, in the Taiwan press to have died as a result during a visit to Taiwan by an Amnesty of ill-treatment in detention. An autopsy International delegation. The delegation on the body of Chen Chin-hao, who died on also urged a review of sedition convictions 7 July in a military reformatory in Taitung by military courts during the period of district, identified a brain haemorrhage as martial law, on the grounds that the trials the cause of death. The military authorities had been unfair. began an investigation of Chen Chin-hao's During the mission, Amnesty Inter­ death but its findings were not known by national raised with the government its the end of the year. Official investigations concern about continued reports of prison­ were also started into allegations by sever­ ers being tortured and ill-treated and al criminal suspects that they had been pressed the authorities to introduce tortured, and into the deaths in custody of measures reinforcing existing safeguards Chen Wen-tsun, a convicted prisoner, and against torture. The authorities provided Liu Hung-fei, a murder suspect. information about official investigations During 1987 district courts imposed into ill-treatment allegations, including the over 20 death sentences fo r robbery, rape 1986 deaths in custody of Huang Nan-hsing and murder, and two sentences were com­ and Chen Kai-chieh (see Amnesty Inter­ muted on appeal to life imprisonment. national Report 1987) and the death of Chen Three prisoners convicted of murder were Chin-hao in 1987. executed, including an 18-year-old abo­ The family ofHuang Nan-hsing is said to rigine, Tang Ying-shen, on whose behalf have accepted the results of a second autop­ there was an unprecedented public cam­ sy, which attributed death to an asthma paign for clemency by writers, members of attack. The authorities conducted a new church groups and others. investigation into the death of Chen Kai­ Amnesty International called for the chieh after his fa mily contested police in­ release in 1987 of Hsu Tsao-teh, Tsai Yu­ vestigation findings that he had died of a chuan and other prisoners of conscience haemorrhage in the heart. A second autopsy who remained in custody. Six prisoners of showed that he might have been suffocated conscience had been held for between two by the lace of a protection helmet, and a � and 12 years at the end of 1987. The policeman was tried for manslaughter i organization also called fo r the retrial of caused by negligence. On 31 August the � several other political prisoners convicted Taipei District Court found the policeman i of sedition in previous years by military innocent and endorsed the ;!: conclusions of '" ,., courts. the earlier police investigation. " Chen Kai­ o Amnesty International investigated the chieh's fa mily appealed against the verdict, � cases of prisoners arrested for sedition in but the results ofthe appeal were not known 1987, including Tsai Keh-tang, Huang by the end of the year. ASIA AND THE PACIFIC / TAIWAN I THAILAND

186 The Amnesty International delegation be commuted, for the release of a few urged the government to take steps towards prisoners on humanitarian grounds, and abolishing the death penalty. Officials re­ for reductions in penalties for many sponded that the government was commit­ others, according to their behaviour in ted to retaining the death penalty on the prison. Some reductions in penalties were grounds that it was necessary to maintain sufficient to bring about the release of social order. prisoners. Politicians, lawyers, students, trade un­ ionists and religious leaders called fo r Parliament to pass an act granting amnesty THAILAND to all political prisoners and suspects on 5 December. No such bill was introduced in Parliament. The Prime Minister, General Prem Tinsulanonda, however, reportedly ordered the release of some political prisoners. In November, one prisoner of con­ science, Anan Seenaakhan, a retired police officer, was released as a result of an individual royal pardon. He had been im­ prisoned since 1983 and convicted of "lese majesty" for expressing non-violent pol­ itical views on matters relating to the royal fa mily. In December Prasit Bua-suwan was released, apparently because of a reduc­ Two prisoners of conscience were re­ tion in his sentence under the general leased in November and December and royal pardon decree. A former teachers' one was expected to be released in early training college employee imprisoned 1988 as a result of royal pardons. One since 1985, he had been convicted of "le se remained in prison. Over 35 other politi­ majesty" fo r reproducing leaflets critical of cal prisoners were also released either as members of the royal fa mily. At the end of a result of orders from the Prime Minister 1987, a petition for the release of a third or royal pardon. Sixty-five death sen­ prisoner of conscience, Sanan Wongsuthii, tences were reportedly commuted by was reportedly being given favourable royal pardon. However, at least 14 other consideration. This fo rmer trade union people were executed during the year and leader had been imprisoned since 1986, more than 200 prisoners sentenced to convicted of "lese majesty" for having death were reportedly appealing against spoken at a seminar in a manner deemed their sentences. These prisoners re­ critical of the royal fa mily. His release was mained liable to execution after 5 expected in early 1988. December. A fourth prisoner of conscience, There were reports that paramilitary Phromneet Baanthip, a fo rmer rubber tap­ fo rces had summarily executed Kam­ per, continued to serve an eight-year sen­ puchean refugees who had left camps to tence fo r having advocated the establish­ which they were restricted, and that pro­ ment of a republic. He had not reportedly

.. vincial prison authorities had executed a petitioned for release . .. � Thai convict captured after an escape Five out of 18 suspects detained with­ � attempt. More than 200 Laotian asylum­ out charge since April under the Royal Act � seekers were fo rcibly repatriated. It was on the Prevention of Communistic Activ­ ... cc: alleged that some of them became prison­ ities (RAPCA) were released in November .... < z ers of conscience on arrival in Laos, and on the order of the Prime Minister. That o that others were summarily killed. same month, he reportedly accepted a z� On 5 December a general royal pardon recommendation from the police that four cc: ...... decree to mark the 60th birthday of King more of these prisoners should be re­ !!: Bhumibol Adulyadej came into effect. It leased. Their release was expected in

III� was to be implemented in stages by April January 1988. The police also recom­ ... z 1988. It provided for all death sentences mended the release of four others. Under :lE < which had been fi nalized by 5 December to the RAPCA detainees can be held without ASIA AND THE PACIFIC / THAILAND

charge for up to 480 days. asylum-seekers were reported to have been 187 Also released in November at the Prime fo rcibly returned to Laos on at least three Minister's request were 33 junior military occasions. In March some 155 upland peo­ personnel, intellectuals and trade union­ ple of minority H'mong ethnic origin were ists imprisoned since September 1985 in reportedly returned to Laos, some of whom connection with an abortive military coup. were said to have been detained as pos­ Their trial began promptly the month after sible prisoners of conscience upon their their arrest, but had already lasted con­ arrival in Laos. In September fo ur fo rmer siderably longer than most ordinary political prisoners of lowland Lao ethnic criminal proceedings. General Prem's re­ origin who had previously been detained quest resulted in the case against these 33 without trial for 12 years in Laos were prisoners being withdrawn. However, the returned forcibly and then again detained trial of the chief defendants, who were as possible prisoners of conscience. In charged with insurrection, continued. November another 49 H'mong were for­ Six defendants facing charges of "com­ cibly returned to Laos. Local Thai officials munistic activities" and "insurrection" in said a number were killed by Laotian an even longer court case remained in soldiers upon their return. prison. They had been arrested in July In July two Kampuchean nationals, one 1984 and had been on trial before a mili­ a pregnant woman and the other her handi­ tary court, from which there was no right of capped husband, were reportedly taken appeal, since January 1985. Their trial had into custody and executed by Thai para­ been repeatedly postponed because of the military fo rces to punish them for collect­ fa ilure of a number of security officers ing firewood outside the perimeter of re­ called as prosecution witnesses to appear fugee camp Site 2 in Prajiinburii province. in court. In August two more Kampucheans were Some 29 other political prisoners con­ said to have been killed by local Thai victed by military courts in previous years militia to punish them for being outside also continued to be denied any opportun­ refugee camp Site B in Surin province. ity to appeal against their convictions. In August a Thai convict imprisoned fo r They had been convicted of "communis­ an ordinary criminal offence in Songkhlaa tic" or "Muslim separatist" activities or of provincial prison was fo und hanged in his politically-motivated acts of violence. cell fo llowing an unsuccessful escape They had all been tried under martial law attempt during which two warders were decrees issued in October 1976 which taken hostage and threatened with a hand suspended in certain cases the right to grenade. The circumstances of his death appeal contained in the Criminal Proce­ suggested that he might have been extra­ dure Code. At least two of these prisoners judicially executed by the prison author­ were expected to be released in early 1988 ities to punish him. This incident occurred after having their sentences reduced as a despite specific assurances from the Direc­ result of the general royal pardon decree. tor General of the country's Corrections There were at least 14 executions, but Department that the prisoner would be 65 prisoners under sentence of death who moved to protect him against retaliatory had exhausted all judicial appeals had killings of the sort that had allegedly been their sentences commuted under the committed by warders against recaptured general royal pardon decree. The decree prisoners in 1986. did not affect prisoners under sentence of Amnesty International made concerted death whose cases were still under appeal; appeals to the King and the government fo r their number was estimated to be over 200. the release of all prisoners of conscience, The government continued to provide the prompt and fa ir trial or release of other z � long-term refuge to large numbers of fo r­ political prisoners and the commutation of m .. eign nationals, among them Laotians, all death sentences. At the end of October, Z Kampucheans, Burmese, Vietnamese and Amnesty International sent a mission to �o z Malaysians. These probably totalled more Thailand to discuss human rights. At a ,. ... than half a million people, and included number of meetings with government '" asylum-seekers who entered Thailand just m ministers and officials, the representatives � after the Second World War, as well as welcomed the prospects for commutation :!.l people who had sought refuge since the of death sentences and other pardon or mid-1970s. However, a group of Laotian release measures. ASIA AND THE PACIFIC I VIET NAM

188 out the country. The remainder were thought to have been held fo r alleged VIET NAM criminal offences. Among those released from "re-education" camps were 480 people held since 1975 on account of their � positions in the armed fo rces or the civil­ ian administration of the fo rmer Republic of Viet Nam. They included two fo rmer ministers, 18 fo rmer central government officials, nine former army generals, 365 other former army officers, and 23 chap­ lains who had served in the armed forces of the Republic of Viet Nam. The amnestied prisoners had, according to the official statement, either served at least two-fifths of their prison terms or had "shown re­ pentance" and "reformed themselves". Nearly 2,500 political prisoners were re­ Also taken into consideration were the old portedly released from administrative de­ and ill among the detainees. Only one per tention in "re-education" camps through­ cent of the "more than 90,000 people" out the country to mark the 1987 National originally sent fo r "re-education" in 1975 Day celebrations in September. According remained in detention, according to the to the government, about 1,000 political government, because they "stubbornly re­ prisoners held since 1975 remained in fuse to mend their ways". Officials said "re-education" camps, although other that the release of prisoners from "re­ sources suggested that the true figure was education" camps would continue, with a considerably higher. Those still held were view to closing camps in the north of the known to include several hundred politi­ country and moving the remainder to cal prisoners held without trial for up to camps in the south. Transfers to camps 12 years and at least 40 prisoners of such as Xuan Loc in Dong Nai province, or conscience arrested more recently. Ill­ Ham Tan in Thuan Hai province have been treatment of detainees by the police and reported in recent years. public security fo rces continued to be At least 11 prisoners of conscience, reported. One person was reportedly sen­ who had been held for "re-education" for tenced to death in August but no execu­ more than 10 years, were known to have tions were announced during 1987. been released. They included Truong Van Following the retirement of the coun­ Quynh and Ly Trung Dung, both doctors; try's three most senior political figures at Nguyen Sy Te and Nguyen Viet Khanh, the sixth congress of the Communist Party two writers; Nguyen Khoa Phuoc, a fo rmer of Viet Nam (cpv) in December 1986, major civil servant in the Education Ministry; leadership changes in the government and Father Paul Trinh Cong Trong, a Ro­ were announced in February. Twelve new man Catholic priest. ministers were appointed, including a new At least 40 other prisoners of con­ Interior Minister. There were elections to a science were still held at the end of 1987, new National Assembly in April and new mostly in administrative detention with­

Cl) Chairpersons of the Council of State and out charge or trial. They included writers, Cl) :!: Council of Ministers were appointed in journalists, artists, intellectuals and mem­ � June. bers of the Buddhist, Catholic and Protes­ As in earlier years, information on the tant clergy, all of whom were detained in '"� '" system of compulsory "re-education" re­ recent years on account of their political ..... c z mained scarce. However, in September the sympathies or for dissenting from govern­ o authorities gave unprecedented publicity ment efforts to control activities in the z� to an amnesty announced on the occasion literary. cultural and religious spheres. At '" '" of the National Day anniversary fo r a total least four other prisoners of conscience � of 6,685 prisoners. Of these, some 2,500 continued to live under house arrest or '"� political prisoners had been held in virtually isolated and confined to their '" z administrative detention without charge home villages. namely the Archbishop of � c or trial in "re-education" camps through- Hue. Monseigneur Nguyen Kim Dien; ASIA AND THE PACIFIC / VIET NAM

Bishop Nguyen Van Thuan; and two pro­ Kampuchea (PRK). He denied that Viet- 189 minent Buddhist monks, Thich Quang Do namese personnel stationed in the PRK and Thich Huyen Quang. were participating in the arrest and deten- In addition, many other people were tion, and in some cases torture during believed to have remained in detention interrogation, of Kampuchean political throughout 1987 on account of their reli­ suspects. gious beliefs or activities. They were One new death sentence was pro­ thought to include about 100 Buddhist nounced by the Haiphong People's Court monks and nuns, 100 Roman Catholic in August on Pham Ba Hai, who was priests, mostly former military chaplains, convicted of armed robbery and attempted and at least 14 Protestant fo rmer military murder. chaplains from the much smaller Evange­ Amnesty International continued lical Church in Viet Nam. throughout 1987 to call for a review of the A number of detainees from the various cases of all polit ical prisoners held in religious denominations were brought to "re-education" camps without char ge or trial during 1987 and sentenced to long trial. It urged the government to release prison terms. They had already served without further delay all those who were considerable periods in prison before their not to be tried on recognizable criminal trial on charges of "counter-revolutionary charges, and appealed for the immediate activities". and unconditional release of all prisoners In July seven Buddhist monks and of conscience. nuns, including three prisoners of con­ science, were reportedly sentenced to pris­ on terms ranging from 13 to 21 years. In August three Protestant pastors and one layman, all prisoners of conscience, were sentenced to imprisonment of from fo ur years to life. In November it was reported that two Roman Catholic priests in the Marist order and 21 of their followers received sentences ranging from fo ur years to life imprisonment on charges that in­ cluded "sabotage, disturbance of public security and terrorism". Although the Constitution provides for defendants to plead their case and to seek legal assist­ ance, the defendants were not accorded the right to independent legal counsel of their own choosing. Amnesty Inter­ national therefore believes that their trials fell short of internationally accepted stan­ dards for fa ir trial and was concerned about the political impartiality of judicial decisions in Viet Nam. Ill-treatment by the police and public security fo rces continued to be reported. > I: During 1987 the Vietnamese news media z '" reported that public security personnel in en Ha Noi, Dac Lac province and Hau Giang :;l Z .... province had been discharged from their '" '" duties, expelled from the CPV or sentenced z to prison terms for violating the law by ?!; o z arresting and torturing innocent civilians > .- and fo rcing them to confess. '" In June, a fo reign ministry spokesper­ � son responded in a broadcast to an Amnes­ � ty International report on human rights :0'" violations in the People's Republic of '"

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of students studying abroad. Those con­ 193 victed under Article 47 had usually been ALBANIA arrested while attempting to leave the country without legal permission. In 1987 Amnesty International learned of another three such prisoners: one was said to have been sentenced to 16 years' imprisonment in 1980, another to 12 years in 1984 and the third, a soldier, to 25 years in 1985. All three had been arrested while trying to cross the border into Yugoslavia. To Amnesty International's knowledge the only official public reference to politi­ cal arrests during 1987 was in the news­ paper Tirane Puna on 20 March. An article about the work of the state security police stated that a group had been uncovered "who were aiming to gather people around Prisoners of conscience were held in them, to engage them in hostile activity prison or corrective labour camps under against our homeland". An informant had legislation which severely restricted cer­ told police that his suspicions had been tain human rights, but it was impossible to aroused by two young people who "did not estimate their number. Legal safeguards behave properly" when foreign visitors for people facing trial on political charges had come to the country the previous year. were inadequate and prison conditions The article did not give the names of those were reported to be harsh. The criminal arrested or further details of their fa te. code continued to provide the death Since 1967, when Albania was official­ penalty for a large number of offences, ly declared "the first atheist state in the including all political offences but one, world", all organized or public fo rms of but it was not known whether any death religious worship have been illegal. Inthat sentences were imposed or executions year religious buildings were closed and carried out. all religious communities, Muslim and Information about political prisoners Christian, were deprived of legal status was limited due to strict official cen­ and their officials banned from fulfilling sorship and restrictions on freedom of their offices. In the fo llowing years, there movement. were reports of clergy being imprisoned or It appeared that the majority of prison­ interned (usually on collective farms). ers of conscience were imprisoned for There was no further information during having attempted to exercise their rights to 1987 about the fate of the Roman Catholic freedom of expression and freedom of priests Father Pjeter Meshkalla (see movement. These rights are restricted by Amnesty International Report 1987) and Articles 55 and 47 of the criminal code. Father Ndoc Luli (see Amnesty Inter­ People who criticize economic or political national Report 1985), reported in earlier conditions in the country are liable to years to havebeen imprisoned for celebrat­ imprisonment under Article 55, which ing religious services. provides for a prison sentence of three to An unknown number of people con­ 10 years for "Fascist, anti-democratic, reli­ tinued to be interned for political reasons. gious, war-mongering or anti-socialist This punishment can be imposed for un­ propaganda". In wartime or when the of­ specified periods on people officially re­ fe nce has had "especially serious conse­ garded as a danger to the country's social ! quences", the penalty is imprisonment for system and on "members of the fa mily of i not less than 10 years, or death. fugitives living inside or outside the state". � Article 47 (Paragraph 11) concerns In 1987 it was reported that the family of a � "flight from the state" which is punished schoolteacher who was imprisoned in the ; by a minimum of 10 years' imprisonment, 1960s on political charges and released in � or death. Legal permission to travel abroad the early 1980s continued to be interned in :!I was in general rarely granted, other than to a village in Durres district. Two other :;; official delegations and a limited number former political prisoners were said to be : EUROPE ! ALBANIA! AUSTRIA

194 interned in villages in Lezhe district and in believes that their applications, although the Cape of Rodon. In February the coun­ rejected, were based on sincere grounds of try's officialgazette recorded the approval conscience. Manfred Henn, a forestry of Decree No. 7071 of 15 September 1986 worker, was pardoned in March after serv­ concerning "internment and exile as ad­ ing one month of his seven-month prison ministrative measures" but did not pub­ sentence. Wolfgang Happenhofe r, an lish the text of the decree. It was not artist, was sentenced to a total of eight possible therefore to determine in what months' imprisonment for twice refusing ways its provisions diffe red from those of lo perform military service. He began serv­ its predecessor, Decree No. 5912 of 1979. ing the sentence on 1 August and was Legal safeguards for political prisoners released on 1 December. during investigation and trial proceedings were extremely limited. Under the code of criminal procedure they were not guaran­ teed visits from relatives during investiga­ tion or access to a legal adviser during investigation and trial unless the court "deemed it necessary". (Lawyers lost their legal status and the institution of advocacy was abolished in 1967.) The limited information available did not indicate improved conditions fo r pol­ itical prisoners, described in the past as harsh, with poor food, hygiene and medical care. Political prisoners, including prison­ ers of conscience, were reportedly still held in Burrel prison and in corrective labour A number of people alleged iII­ camps such as that at Qafe e Barit in Puke treatment in police custody, some of them district where they mined pyrites. anonymously. It was reported that many Throughout 1987 Amnesty International ill-treated detainees were reluctant to appealed to the authorities to release all identify themselves or to report their treat­ prisoners of conscience. No response was ment to the prosecuting authorities be­ received from the government. Amnesty cause they feared police counter-charges International sought further information ab­ of slander if their claims could not be out the present circumstances of a number proved. When a complaint of ill-treatment of political prisoners reported to have been is lodged, a criminal investigation is imprisoned in the 1970s and early 1980s, undertaken by the police fo rce to examine who were believed to be prisoners of consci­ whether there is sufficient evidence to ence. In June Amnesty International submit­ convict a police officer. A court receives ted info rmation about its concerns in Alba­ the case for investigation if there is nia under the United Nations procedure for "grounded suspicion". confidentially reviewing communications If further investigation confirms the about human rights violations. allegations, formal charges are preferred and the matter proceeds to a fu ll trial. It has been reported that few com­ plaints alleging ill-treatment lead to con­ :3 � viction of police officers. A police officer � AUSTRIA was, however, convicted and fined on 2 o .... October fo r beating Andreas Betz in a ... Cl< police station in Pyhra, near St Poiten, on ..... C Z At least two prisoners of conscience were 18 January. In seven other cases where o held for refusing to do military service, Amnesty International sought information � z and reports of ill-treatment in police cus­ on official steps taken to investigate the Cl< ... >- tody continued to be received . allegations, no charges were preferred. !: Both imprisoned conscientious objec­ Investigation of Kurt Schwarz' alleged iII­ � tors to military service had made unsuc­ treatment (see Amnesty International Re­ ... z cessfu l applications to perform civilian port 1987) was hampered because he could � c alternative service. Amnesty International not be located to provide evidence. EUROPE I AUSTRIA I BULGARIA

Police officers responded to medical 195 evidence of injuries in a number of cases by claiming that the injuries were sus­ tained while resisting arrest, were self­ inflicted, or were not incurred in police custody. For example, Gabriele Wieser, a nurse, was reportedly beaten by officers on 3 January in Theodor-Ktirner-Gasse police station in Vienna. She was later examined in hospital for pain in the upper spine, head and upper arms and subsequently had to wear a neck collar. The authorities informed Amnesty International that be­ cause she had resisted arrest, the cause of her injuries could not be determined and, One was a conscientious objector to mili­ furthermore, that the situation had war­ tary service. At least two people were ranted the use of fo rce. The Minister of the sentenced to death and three executed. Interior stated that the examination of New information about the detention of allegations of this nature by an in­ ethnic Turks emerged in 1987, although dependent court was "the only right stepto the Bulgarian authorities imposed strict take". censorship over information about the ex­ Amnesty International recognizes the istence and forcible assimilation of this difficulties of establishing the exact cause minority group. Amnesty International of injuries in the absence of independent had obtained the names of over 250 ethnic eye-witnesses. However, this calls into Turks reportedly arrested between Decem­ question the efficacy of criminal investiga­ ber 1984 and March 1985, when according tions alone in deterring such abuses and to the authorities the entire minority - underlines the need fo r general safeguards estimated to number at least 900,000 or 10 such as guaranteed access to a lawyer in all per cent of the population - "spontaneously" cases. and "voluntarily" renounced their Islamic In July Austria ratified the United Na­ names for Bulgarian ones. tions Convention against Torture and in In 1987 reports were received aboutfo ur December ratified the Optional Protocol to prisoners arrested in June 1986: Ibraim the International Covenant on Civil and Ismailov Arifov, a doctor; Kasim Ismailov Political Rights. Kasimov, a technician; Sali Ahmedov Aliev, Amnesty International appealed fo r the a ship construction worker - all fromDran­ release of Manfred Henn and Wolfgang dar near Varna - and Ahmed Hasanov Happenhofer. On 17 November an Amnes­ Aptullov, a philosophy lecturer at ty International delegation discussed the University. They apparently produced organization's concerns with the Minister thousands of leaflets which were distrib­ of the Interior and other government uted in early June 1986 to ethnic Turkish officials. villages in the Varna, Tolbuhin and regions of northeastern Bulgaria where ethnic Turks predominate. These leaflets called on ethnic Turks to show their BULGARIA opposition to the assimilation campaign ,. I: by boycotting the forthcoming elections. z .., The fo ur men were reported to have been � tried in camera during March and sen­ i Large numbers of ethnic Turks remained 10 .... tenced to between eight and years' im­ .., '" imprisoned or banished fo llowing the en­ prisonment. They were probably con­ z fo rced assimilation of the ethnic Turkish victed under Article 109 of the criminal �o z minority initiated in 1984. There were at code, which provides sentences of be­ ,. least 18, and probably many more, prison­ r- tween three and 12 years for fo rming or '" ers of conscience. Among them were leading '" "an organization or groupaim ed at ;g ethnic Turks and other Bulgarians de­ committing crimes against the People's � tained for exercising non-violently their Republic". right to freedom of expression or religion. There were new reports of ethnic Turks EUROPE / BULGARIA / CZECHOSLOVAKIA

196 being arrested for observing Islamic cus­ scription and was sentenced, probably toms. For example, a man from Kardzhali . under Article 361(1) ofthe criminal code, to region was reported to have been arrested in three years' imprisonment in 1986 or early September 1986 after police searched the 1987. homes of ethnic Turks during the Islamic The cases of prisoners of conscience festival of Bayram - when traditionally the which became known during 1987 almost head of the household slaughters a sheep - certainly represented only a portion of the and a sheep's carcass was fo und in his total. Former prisoners estimated that in refrigerator. He was sentenced in 1986 to 1987 there were approximately 1,000 pol­ one year's imprisonment. Four women - itical prisoners in Stara Zagora prison, Yulkiye Mustafova, Fatma Alieva, Habibe where most political prisoners were held. Salieva and Emine Alieva - all from a village The majority had been convicted either in in Kardzhali district, were reportedly sen­ connection with the assimilation campaign tenced in 1987 to between six and eight or for attempting to leave the country with­ months' imprisonment for having their sons out official permission. The Constitution or grandsons circumcised. does not guarantee freedom of movement Many other ethnic Turks were reported to and only rarely are citizens who seek to have been banished from their homes to emigrate permitted to do so. Those who other areas. For example, Ismail Mehmedov attempt to leave the country without per­ Hyuseyinov, from Razhitsa near , mission may be punished by up to five was arrested in 1985 and sent to Belene years' imprisonment under Article 279 of prison camp after refusing to accept his new the criminal code or up to six years if the "Bulgarian" name. He was released in 1987 offence is repeated. after going on hunger-strike and banished There were reports of two death sen­ for three years to Pies hivets village near tences and three executions, in each case for Vidin in the northwest, probably under the criminal offences involving loss of life . People's Militia Law. This allows internal Throughout 1987 Amnesty International banishment for up to three years and other urged the authorities to release 18 prisoners restrictions on freedom of movement to be of conscience and to supply further details imposed administratively and to be re­ on a large number of prisoners, most of newed indefinitely. These restrictions were whom were ethnic Turks, who may have reported to have been imposed on many been prisoners of conscience. In July the ethnic Turkish families who protested organization published a report, Bulgaria: against the assimilation campaign, and on Con tinuing Human Righ ts Abuses against many released ethnic Turkish prisoners. Ethnic Turks. In May Amnesty International Ismail Hyuseyinov had to report twice daily submitted info rmation on its concerns in to the authorities and was not allowed to Bulgaria under the United Nations pro­ leave the village. cedure for confidentially reviewing com­ Hristo Kulichev, pastor of the First Con­ munications about human rights violations. gregational Church in Sofia, remained Subsequently, the Bulgarian Government under similar restrictions, imposed under made information available to Amnesty In­ the People's Militia Law in 1985 on account ternational in response to the allegations of his religious activities (see Amnesty In­ referred to in the submission. The organiza­ ternational Report 1986 and 1987). tion also submitted information on four Other prisoners of conscience were held individual cases of human rights violations

.. for reasons unconnected with the assimila­ in Bulgaria to the UNESCO Committee on .. !! tion campaign. One was Emil Kalmakov, a Conventions and Recommendations. � Pentecostalist from in eastern Bul­ � garia, who objected to military service on '" '" religious grounds. He was reportedly will­ .... c CZECHOSLOVAKIA z ing to perform unarmed alternative service o in place of compulsory military duty, but z� this option is not available in Bulgaria. He At least 20 prisoners of conscience were '" '" ... had been imprisoned repeatedly, and be­ held in Czechoslovakia, and many others ! tween 1979 and 1985 had served four prison were believed to have been imprisoned >­ ... en sentences of eight, 10, 12 and 24 months during 1987 for non-violent political and '" z respectively fo r refusing military service. religious activities and for peacefully a c He was again called up, again refused con- attempting to exercise their right to leave EUROPE / CZECHOSLOVAKIA

their country. Several prisoners of con­ order of the state". Jiri Wonka supported 197 science were reported to have been iII­ his brother and both were arrested in May treated. At least two people were reported 1986. In addition to his prison term, Pavel to have been sentenced to death and one Wonka was sentenced to three years' pro­ executed for murder during the year. tective surveillance, which means he will be subject to local police supervision for three years after his release. Proceedings were also initiated against him for refusing to work in pri.son. The trial of five committee members of the Jazz Section of the Musicians' Union, previously postponed, took place in Prague on 10 and 11 March (see Amnesty International Report 1987). Two other members who had been charged were too ill to attend, and they had not been tried by the end of 1987. All were convicted under Article 118 ofthe penal code of "un author­ ized business enterprise". Karel Srp, lead­ er of the group, was sentenced to 16 months' imprisonment and Vladimir Compared to previous years, more trials Kouril to 10 months' imprisonment. The for peacefully exercising human rights other three received suspended sentences. were apparently postponed or did not take The Jazz Section committee had tried to place at all. Although the charges were not obtain the necessary official recognition lifted, the accused remained at liberty. for the section, but the authorities had not Several people considered likely to be­ cooperated and had often fa iled to respond come prisoners of conscience were given to correspondence. At the trial, the de­ suspended sentences. However, house­ fence argued that none of the committee searches and harassment of political and members had made any material gain religious activists continued. Official stat­ themselves and that they had always istics indicate that some 450 people are abided by the Czechoslovak Constitution generally imprisoned each year solely for and the principles of the Helsinki Final attempting to leave Czechoslovakia for the Act. The judge praised the quality of the Federal Republic of Germany and Austria Jazz Section's work and its contribution to without official permission. In practice, cultural activity but said that it needed "a this is often very difficult to obtain. No legalized form". detailed information was available about Petr Pospichal, who had been im­ these cases. prisoned before fo r unofficial cultural Among the prisoners of conscience activities, was arrested in January and were two brothers, Jiri and Pavel Wonka. initially charged with "incitement" (Arti­ Both were convicted of "incitement" (Ar­ cle 100), later changed to "subversion" ticle 100 of the penal code) and sentenced (Article 98). Police had searched his home in May by the Prague Municipal Court to and found material connected with the one year and one year and nine months' unofficial human rights group VONS, imprisonment respectively. However, Jiri Committee for the Defence of the Unjustly Wonka was released from prison shortly Prosecuted, of which Petr Pospichal is a after the trial, as he had already spent a member, and the unofficial human rights year in pre-trial detention. Before his document Charter 77, of which he is a z arrest, Pave I Wonka, a mechanic well­ signatory. They also found evidence of ...."' '" known for his help to citizens involved in private correspondence with the banned z legal disputes with the state, had attemp­ Polish trade union, Solidarity, and with o� ted to become an independent candidate Czechoslovak emigres abroad. Petr Pos­ z � in local elections. His application for can­ pichal was released from detention in May ,. didacy was rejected. He protested about and no date was set for his trial. � this to the Central Election Committee and Jan Dus, minister of the Evangelical � � also wrote to other official bodies in terms e he ID Church of Czech Brethren, an offic 00 judged by the court to be critical of "the holds without state consent, and a signa- 00 EUROPE / CZECHOSLOVAKIA / FINLAND

198 tory of Charter 77, was released in June, having spent more than a year in deten­ tion. He had been charged with "subver­ FINLAND sion" but not brought to trial. He was alleged to have written and sent abroad materials which "weakened and dis­ credited the activities ofthe state", includ­ ing a critical analysis of church-state rela­ tions in Czechoslovakia. An open letter he wrote to the President contained informa­ tion about Czechoslovakia which was deemed to be untrue. Generally, prisoners of conscience in Czechoslovakia serve the fu ll term of their sentences. However, Pavel Krivka (see Amnesty International Report 1986) was released five months before the expiry of his three-year sentence. Several prisoners of conscience were Several prisoners of conscience were reported to be in poor health in prison as a sentenced to imprisonment for refusing to result of inadequate medical attention or perform military service on conscientious because they were beaten by prison staff grounds, although they did not all begin and other prisoners, detained in solitary serving their sentences in 1987. People confinement in cold cells and subjected to seeking political asylum in Finland con­ other administrative punishments. Vladi­ tinued to be in danger of being returned to mir Kouril and Pavel Wonka both required their country of origin. hospital treatment while serving their sen­ A revised law on unarmed and civilian tences, apparently as a result of ill­ service as an alternative to military service treatment and harsh prison conditions. came into fo rce on 1 January. It increased Throughout 1987 Amnesty Inter­ the length of civilian service to 16 months, national appealed for the release of prison­ making it twice as long as ordinary mili­ ers of conscience, and asked for informa­ tary service. Under the new law, all those tion about other prisoners considered like­ who apply for alternative service on ethi­ ly to be prisoners of conscience. Amnesty cal or religious grounds are accepted as International sent trial observers on three conscientious objectors in times of peace. occasions to Prague, but on only one occa­ Some conscripts, however, refused to ap­ sion, the trial of the five committee mem­ ply fo r alternative service, because they bers of the Jazz Section, did the trial take considered its length punitive. For exam­ place as scheduled. In that case, the ple, Kai Olavi Hovivouri, who was sen­ Amnesty International observer was un­ tenced to nine months' imprisonment in able to enter the crowded court room but 1986, began his sentence on 5 March. He was able to fo llow the proceedings from could have reapplied for alternative ser­ outside. vice, but refused to do so. Ahti Nio also In January two Vietnamese nationals refused to perform alternative service be­ were sentenced to death by the Bratislava cause of its length and began a nine-month .. City Court after being convicted of murder­ prison term on 1 December. Niilo Markus .. � ing two Czechoslovak citizens and Louhivouri, who began serving a nine­ attempting a third murder. Amnesty Inter­ month prison sentence in November 1986 o:.: Q. national appealed for their sentences to be before the new law took effect (see Amnes­ '" .. commuted. One person was executed for ty International Report 1987), was re­ -' .. z murdering two teenagers. leased in August 1987. Because of its o punitive length Amnesty International �z considered that the new civilian service .. '" ... did not provide an acceptable alternative ! to military service, and sought the release '"� of imprisoned conscientious objectors '" z whom it considered to be prisoners of :11 .. conscience . EUROPE I FINLAND I FRANCE

Amnesty International sent a memoran­ were sent back to Spain, where they were 199 dum to the Finnish Government on 30 believed to be at risk of torture or ill­ January concerning the forcible return of treatment. A number of people alleged asylum-seekers to their country of origin. that they were ill-treated in police custody It was based on material collected by an and some allegations did not appear to be Amnesty International delegation which adequately investigated. In the French visited Finland in June 1986. It described overseas territory of New Caledonia, judi­ the cases of 12 Soviet citizens reportedly cial inquiries into the killings of political imprisoned in the USSR after they were activists in 1981 and 1985 had still not fo rcibly returned by the Finnish author­ beencompleted by the end of 1987. Seven­ ities between 1959 and 1982. It recom­ teen advocates of independence for New mended new safeguards to prevent the Caledonia were imprisoned following a return of asylum-seekers to countries clash with people supporting the present where they faced imprisonment as prison­ status of New Caledonia. None of the ers of conscience, torture or the death latter were prosecuted. In the overseas penalty. Among these safeguards were ac­ territory of French Polynesia, a leading cess to legal counsel fo r asylum-seekers trade unionist was detained brieflyafter a held in detention; the right of unsuccessful dockworkers' strike in Tahiti. asylum applicants to exhaust all appeal Most of the imprisoned conscientious procedures before being compelled to objectors to military service had not ap­ leave the country; and an independent plied to the authorities for conscientious body to investigate the implementation of objector status because they also objected, existing procedures. on religious or political grounds, to the In a reply of 3 April, the Finnish Gov­ option of alternative civilian service. In ernment said that in its opinion the posi­ such cases sentences of up to 14 months' tion of aliens in Finland was in accordance imprisonment were imposed. Many recog­ with international law, and that the ex­ nized conscientious objectors refused to isting provisions concerning the granting either begin or serve the fu ll term of 24 of asylum and the protection of aliens months' alternative service, mostly on the constituted adequate safeguards. The re­ grounds that its length was punitive in sponse fa iled to alleviate Amnesty Inter­ comparison with military service. They national's concern about the adequacy of received prison sentences of up to 12 the procedures for individuals seeking months but were not immediately impris­ asylum in Finland. oned because of appeals lodged with high­ er courts. Michel Fache, a veterinary surgeon, obtained conscientious objector status in FRANCE February 1981 but refused to carry out alternative service because he considered its length to be punitive, among other objections. He was sentenced to 18 months' imprisonment in April 1983 but the term was reduced on appeal to three months' suspended imprisonment. However, he remained liable for alterna­ 1983 tive service and in November refused :. K a new order to report for service. This Z ,., refusal led to renewed prosecution. III In .... September 1987 a Rouen court sentenced � lE him to 12 months' imprisonment for .... his ,., '" refusal of the November 1983 call-up and z revoked the suspension of the three o� z months' sentence imposed in October :. More than 500 conscientious objectors to 1983. ,... He remained at liberty pending an '" military service, the vast majority of them appeal hearing scheduled for January ... � Jehovah's Witnesses, were imprisoned 1988. � � during the year. A number of Spanish '" Following a Court of Cassation ruling in OD nationals, including asylum-seekers, February, new trials were ordered in a OD EUROPE I FRANCE

200 number of conscientious objector cases tions of detainees being ill-treated in which had been before the courts in recent police custody. The organization also re­ years on the grounds that the courts con­ ceived reports of investigations by judicial cerned had not been competent to hear the and police authorities carried out in 1987. cases. The Courtof Cassation nullified the However. the complaints of two Iranians sentences passed on three pacifists from resident in France were apparently Nantes in June 1986 by the Appeal Court in ignored. They were arrested in September Rennes. The Court of Cassation ruled that 1986 and interrogated for fo ur days by the court which had sentenced them did members of the Home Security Service not specialize in military affairs. as re­ (DST). Both of them lodged complaints quired by a 1982 law abolishing military with the Public Prosecutor. alleging that tribunals. during their detention they had been sub­ Foreign nationals. including asylum­ jected to verbal abuse. beatings and other seekers. were expelled and in some cases assaults. Their lawyer sent copies of the Amnesty International feared that they complaints and a request for an inquiry to might be tortured if returned to their coun­ the General Inspectorate of Police Ser­ try of origin. Most expulsions were carried vices. The Public Prosecutor archived the out by administrative order under the pro­ complaints but Amnesty International is cedure of "absolute urgency". invoked be­ not aware that any investigations were cause in the authorities' view a foreign carried out. The General Inspectorate of national constituted "a particularly ser­ Police Services has not acknowledged re­ ious threat to public order" in France. ceipt of the complaints. Many of those expelled were Spanish In New Caledonia there was continuing nationals of Basque origin. At least 129 tension between those who support the Basques were expelled to Spain under the status of the territory as an integral part of "absolute urgency" procedure in 1987 and the French Republic and advocates of in­ another 11 were taken to the frontier and dependence. notably the Kanak Socialist placed in the custody of the Spanish Nationalist Liberation Front (FLNKS). A police. The government stated that only referendum was held in September. in people who were not named on interna­ which 59 per cent of eligible voters - that tional arrest warrants or recognized as is. people resident in NewCaledonia for at refugees could be expelled; otherwise. ex­ least three years - participated. and de­ tradition would be required. cided by a large majority that New Caledo­ Since July 1986. when the policy of nia should remain a part of France. FLNKS. expelling Basques to Spain began. many which had campaigned for a boycott of the Basques who were returned from France referendum. claimed that 80 per cent of the and then held in Spain under the special indigenous Kanak population had not par­ provisions of the anti-terrorist law have ticipated. In December the United Nations alleged that Spanish police and Civil General Assembly approved a resolution Guards tortured them. Amnesty Inter­ calling for a free and genuine act of self­ national opposed the expulsion or extradi­ determination consistent with United Na­ tion of Basques to Spain unless the French tions principles. Government obtained appropriate guaran­ Seventeen activists for independence tees for the physical and psychological were sentencedto prison terms of between safety of the detainees. six months and two years in April. after

'" Two Basques were extradited in 1987 conviction for stone-throwing. Their trial '" � and a further 10 were held in prison while may have been politically motivated. aris­ � Spanish extradition requests were consi­ ing from a violent clash in Thio in Novem­ dered by the French courts and Govern­ ber 1986 between independence activists '"� Cl< ment. Two of them. Jose Maria Bereciartua and supporters of continued French rule. ...J C Z and Santiago Arrospide Sarasola. have Stones were thrown. there were incidents o been recognized as refugees by the French of arson and one person was killed. Thirty­ � z Commission for Refugee Appeals. Jose three independence activists were Cl< '" ... Maria Bereciartua had been imprisoned arrested. However. none of the supporters ! since July 1986 and Santiago Arrospide of French rule were arrested. � Sarasola had been imprisoned since The trial of seven men accused of '" z September 1987. murdering 10 Kanak men in Hienghene in :. c Amnesty International received allega- December 1984 (see Amnesty lnter- EUROPE / FRANCE / GERMAN DEMOCRATIC REPUBLIC

national Report 1987) ended in October judicial inquiries into the clashes over 201 with acquittal on grounds of self-defence. independence in late 1986 in Thio, New In response, some FLNKS leaders suggested Caledonia. In particular, Amnesty Inter­ that FLNKS supporters might have to resort national was concerned that because the to armed resistance to protect their fa mi­ investigating judge conducted one inquiry lies. As a result of such statements, Jean­ into the stoning and a separate inquiry into Marie Tjibaou, the FLNKS leader, and his the killing and wounding, he prevented ·deputy, Yeiwene Yeiwene, were charged the court in each case from examining all in December with incitement to murder the relevant evidence gathered in the other and assault. Yeiwene Yeiwene was case. arrested on 22 December for refusing to In August Amnesty International sub­ obey a judge's orders and released on 28 mitted information about its concerns in December to await trial. Charges against New Caledonia to the UN Committee on both men remained under official inves­ Decolonization. tigation at the end of the year. The judicial inquiries into the deaths of independence activists Pierre Declercq, Eloi Machoro and Marcel Nonnaro (see GERMAN Amnesty International Report 1987) had reached no conclusions at the end of 1987. DEMOCRATIC In Tahiti, part of French Polynesia, the president of the dockworkers' union was REPUBLIC imprisoned on 1 November. A judge ordered the arrest of Felix "Rara" Col­ ombel, who was charged with complicity in violence and destruction of property. His arrest fo llowed a riot in Papeete, dur­ ing which security forces broke up a strike by local dockworkers. He was released on 11 November. In January the Minister of the Interior replied to a letter of December 1986, in which Amnesty International explained its position on extradition of Basques to Spain and described the case ofJose Maria Bereciartua. The Ministry gave no assur­ ance that the French Government would seek appropriate guarantees from the Spanish Government. In March Amnesty International again There were many prisoners of conscience, wrote to President Franc;ois Mitterrand most of whom were imprisoned either for and Prime Minister Jacques Chirac, asking or attempting to leave the country. appealing against expulsions of Basques to However, in a major development on 17 Spain who might be at risk of torture. The July the Council of State announced a Ministry of Foreign Affa irs replied on 30 general amnesty and the abolition of the April, emphasizing that those expelled death penalty. All known prisoners of were not refugees and that they constituted conscience were among those released. "a particularly serious threat to public Information was received during the order". The government did not comment year about some 150 people who were on the risk of torture. However, in October considered likely to be prisoners of con- � 1987 the Minister of the Interior said in science, but these were thought to be only i reference to Amnesty International's state­ a proportion of the total. No trials of � ments on torture that the French Govern­ prisoners of conscience were reported in i � ment could not make judgments on such the press; all those about which Amnesty '" statements concerning a democratic state International had details took place in � which was a neighbour and friend. camera. Other factors inhibited the flow of � - '" In July Amnesty International wrote to information out of the country; fo r exam­ CD the Minister of Justice about the conduct of ple, laws which proscribe sending abroad CD EUROPE / GERMAN DEMOCRATIC REPUBLIC

202 information, including information not ers of conscience. categorized as secret, if it is considered In July the Council of State issued a contrary to the interests of the German decree announcing a general amnesty. The Democratic Republic (GDR). decree stipulated that the amnesty would To leave the GDR for any purpose re­ benefit all prisoners except those "con­ quires permission, which is difficult to victed of Nazi or war crimes, crimes obtain except for a holiday to other War­ against humanity, espionage or murder". saw Pact countries. Most known prisoners All prisoners of conscience known to of conscience had attempted to leave Amnesty International were released. Also without permission and were charged or freed were all prisoners whose cases were convicted under Article 213 of the penal being investigated as possible prisoners of code for "illegal crossing of the border". conscience, with one exception. For example, Anke Birkenhagen was sen­ Before the amnesty a number of politi­ tenced to 22 months' imprisonment under cal prisoners, including prisoners of con­ Article 213 in January 1987. She had been science, were released before completing arrested with two others in September their sentences and allowed to go to the 1986 while trying to cross the border from Federal Republic of Germany in return fo r Czechoslovakia to the Federal Republic of payment by the FRG Government. Germany (FRG) and returned to the GDR by Info rmation was received about five the Czechoslovak authorities. She was re­ prisoners likely to be prisoners of con­ leased and permitted to emigrate to the FRG science, who were arrested between 7 in August. October and the end of the year, and who A number of those who persisted in were therefore not amnestied. A number of their efforts to obtain permission to emi­ people were also detained briefly in grate were convicted on charges such as November apparently on suspicion of in­ "treasonable passing on of information" volvement with the production of "Border (Article 99 of the penal code), "taking up Case", an unofficial publication. illegal contacts" (Article 219), "public vili­ In September the GDR ratified the Un­ fication" (Article 220) or "interfering with ited Nations Convention against Torture. public and social activity" (Article 214). New information was received from Amnesty International considers that several former political prisoners about these laws were applied to people peace­ their treatment and conditions in prison. fu lly exercising their right to freedom of Most of them said that they had not been expression. For example, Wilfried and physically ill-treated, but a few alleged Barbara Mau were arrested in December that they had been beaten, chained to beds 1986 after a number of unsuccessful ap­ or held fo r prolonged periods in solitary plications to emigrate, and sentenced in confinement. May 1987 to prison terms of three and a A prisoner who suffe red ill-treatment half years and two years respectively over many years was Josef Kneifel. By his under Article 99 of the penal code. This own account, he was held almost con­ article proscribes sending non-secret in­ tinuously in solitary confinement from his fo rmation to fo reign organizations, if it is arrest in 1980 until his release in August "to the disadvantage ofthe interests" of the 1987. For the first two years he received no GDR. The charges indicate that they were visits; his wife was also imprisoned at the suspected of having informed people out­ time and he was not allowed visits from his

.. side the country of their efforts to emigrate son. After his wife's release she was .. !.: legally. allowed to visit him once every two � Other prisoners of conscience included months under the terms of the Prison Law, o CL Thomas Wiener, a conscientious objector but visits were frequently cancelled. He '" '" to military service. He was arrested in alleged that he was beaten several times by .... c z November 1986 and sentenced in Decem­ fe llow-prisoners who were required to o ber 1986 to 22 months' imprisonment for take his food to his cell and who were � z "refusing to do military service" under encouraged to assault him by prison staff. '" Article 43 of the Law on Military Service. He stated that in January 1987 he was � As there is no civilian alternative service, chained to a steel bench for fo ur days. He Amnesty International considers those im­ was released in August and permitted to prisoned fo r refusing on grounds of con­ emigrate. science to do military service to be prison- In July the Council of State also issued a EUROPE I GERMAN DEMOCRATIC REPUBLIC I GERMANY, FEDERAL REPUBLIC OF

decree which abolished the death penalty. "desertion" or "refusal to obey orders" or 203 This, the decree stated, was done "in with both offences. They had previously accordance with the recommendations made unsuccessful applications for recog­ within the framework of the organization nition as conscientious objectors. All three of the United Nations for the gradual re­ men were fined and one of them, Siegfried moval ofthe death penalty from the lives of Schierle (see Amnesty International Re­ nations". The People's Chamber con­ port 1987), was also given a nine-month firmed the abolition and approved the prison sentence, suspended fo r two years. necessary legislative changes on 18 He had been called to serve in the army for December. the second time early in 1987. He did not Previously the death penalty could be respond to the call-up and, when taken imposed fo r a number of crimes including forcibly to his barracks, refused to comply murder, genocide, treason, espionage and with orders. He was then charged again sabotage. All the available evidence indi­ with "desertion" and "refusal to obey cates that no executions had taken place orders". An Amnesty International obser- for several years. ver attended his trial, which took place in Amnesty International campaigDl'ld for Marburg on 29 May. The organization in­ the release of all known prisoners of con­ terceded on behalf of the three men be­ science. On 5 August the organization cause evidence indicated that their objec­ wrote to Erich Honecker, Chairman of the tions were based on reasons of conscience State Council, welcoming the news of the and because they had declared their amnesty and the abolition of the death willingness to do civilian alternative ser­ penalty. It pointed out, however, that the vice. If imprisoned, they would have been effects ofthe amnesty would be short-lived adopted as prisoners of conscience. unless changes were also envisaged in Members ofthe organization "Relatives laws restricting human rights and in their of political prisoners in the FRG" alleged application by the authorities. ill-treatment while in police custody fo l­ lowing their arrest during a demonstration in Bonn in October 1986. One of those arrested, Georg Kreuzer, said that his arm GERMANY, FEDERAL was broken. A fo rmal complaint alleging "bodily harm" was lodged by his lawyer REPUBLIC OF with the Bonn Prosecutor. Amnesty Inter­ national wrote to the Prosecutor in Febru­ ary asking to be info rmed of the outcome of the investigation. No reply had been re­ ceived by the end of the year. Several prisoners alleged that although they were not classified as insane, they had been treated against their will in 1987 and in previous years with neuroleptic drugs. These anti-psychotic drugs can cause various forms of suffering. Medical treat­ ment of prisoners without their consent is permitted in certain circumstances by Article 101 of the Prison Law (Strafvoll­ ,. I: zugsgesetz), which states, "Forcible Z "' medical examination and treatment as III well as feeding are permissible only in � Several people who had applied unsuc­ cases of danger to life, serious danger to the � cessfully for recognition as conscientious health of the prisoner or to the health of � objectors were convicted for refusing to other prisoners." On 13 April Amnesty � perform military service, although none International wrote to the Federal Minister ,.li of them were imprisoned for more than a of Justice inquiring about the interpreta- � few days. A number of people alleged tion of Article 101 in relation to the forci- � ill-treatment in prison or police custody. ble administration of neuroleptic drugs. � At least three conscientious objectors to The Minister replied that he had no in- :;; military service were charged either with formation to impart, as the enforcement of :: EUROPE I GERMANY. FEDERAL REPUBLIC OF I GREECE I HUNGARY

204 prison sentences lay within the jurisdic­ ty, to which the government had previous­ tion of the federal states. ly said it was committed. There have been no executions in Greece since 1972. The Ministers stated that the death penalty would be abolished in the near future but GREECE no progress had been achieved by the end of 1987. At the same meeting the Vice President stated that 380 conscientious objectors were currently serving terms of imprison­ ment. He said that the government had no intention of introducing a civilian alterna­ tive to military service. The Minister of Justice promised to look into all allega­ tions of torture and ill-treatment raised by Amnesty International and to send a de­ tailed reply to Amnesty International's letter of 23 December 1986 on this subject, to which the government had not re­ sponded (see Amnesty International Re­ port 1987). However, no response had been received by the end of 1987. Allegations of ill-treatment in police More than 300 prisoners of conscience, all custody continued. One such case was that of them conscientious objectors to mili­ of Vangelis Katsikoyannis, who alleged tary service, were held in Greek prisons. that after his arrest on 12 October for Most had been sentenced to four years' suspected drug offences, he was beaten imprisonment. Allegations were made with whips and clubs, hung upside down that a number of criminal suspects were and beaten on the soles of his feet by five ill-treated in police custody. police officers at Hersonisos police sta­ Michalis Maragakis was the first con­ tion. In December Amnesty International scientious objector to refuse on non­ wrote to the new Minister of Justice about religious grounds to perform military ser­ the allegations of ill-treatment. vice. He was sentenced to fo ur years' im­ prisonment on 25 June by Military Court after a trial which was attended by an Amnesty International HUNGARY observer. He was released in August aftera ministerial decision to offer shortened un­ Eleven known prisoners of conscience armed service to men over 30. He was were held for refusing military service on called up again and refused to perform the conscientious grounds and according to shortened unarmed service. He was tried reports, approximately 150 other con­ on 13 October by Kavala Permanent Mili­ cientious objectors were imprisoned. Sev­ tary Tribunal and again sentenced to fo ur eral people were convicted, and in one years' imprisonment. At the end of1987 he case detained on apparently false

.. was serving his sentence in Avlona Prison . charges, in violation of their right to free .. � His appeal was scheduled for February expression. At least two people were sen­ � 1988. tenced to death. All of the other imprisoned conscien­ Military service is compulsory in Hun­ '"� Ill: tious objectors were Jehovah's Witnesses. gary and the law does not provide for .... C Z On 15 June Amnesty International rep­ alternative civilian service outside the o resentatives met the Vice President and military system. Article 336 of the crimi­ Z� Minister of Defence, the Minister of Justice nal code provides for up to five years' Ill: '" and the Minister of Foreign Affairs. They imprisonment (five to 15 years in time of � discussed the imprisonment of conscien­ war) for refusing military service. Since � tious objectors, allegations of torture and 1977 members of some small Christian '"III z ill-treatment of criminal suspects and pris­ sects, including the Nazarenes and Jeho­ lE c oners and the abolition of the death penal- vah's Witnesses, have been allowed to do EUROPE / HUNGARY

fi ne of 6,000 forints (US$137) imposed in 205 July for possessing a duplicating machine. In recent years the authorities have sen­ tenced people, some repeatedly, to fines of up to 10,000 fts or 40 days' imprisonment for activities connected with unofficial publications. However, the case of Ferenc Koszeg was the first known to Amnesty International in recent years involving orders to serve a prison sentence for such activities, although the charge against him was eventually dropped and the sentence cancelled. In a similar case, Andras Nagy, a sociologist, was ordered to report to Baracska Prison on 20 November for refus­ ing to pay a 10,000 fts fine imposed for unarmed military service. However, the possessing unofficial publications after authorities have refused to extend this to police had searched his home in March. Roman Catholics on the grounds that their However, the imprisonment order was church does not expressly forbid the use of cancelled on 13 November without any arms. According to reports, in 1987 there explanation. were approximately 150 conscientious ob­ Laszlo Rusai, a 32-year-old former jectors serving sentences in Baracska Pris­ teacher from Hatvan, was arrested on 9 on, where conscientious objectors are November and charged with "violating the usually held. Most were Jehovah's Wit­ community" after slogans were chalked on nesses who refused to do any form of a monument to the Soviet army's losses in military service, including unarmed mili­ the Second World War. Six days earlier he tary service. had hung a flag commemorating the 1956 No information was available about Hungarian revolution in his window. He these prisoners, except fo r two Jehovah's denied the charges but was still detained Witnesses, one Seventh Day Adventist and without trial in the psychiatric wing of seven Roman Catholics who belonged to Budapest Prison at the end of 1987. Laszlo small pacifist "basis communities" which Rusai had been active previously in advocate strict adherence to the teachings opposition circles and unofficial publica­ of the Bible. One, Zsolt Locsmandi, was tions (see Amnesty International Report sentenced in October by the Gyor Military 1987). Court to 33 months' imprisonment under At least two death sentences were im­ Article 336, reduced on appeal to two posed for murder in 1987, but it was not years. known if there were any executions. The only non-religious conscientious Hungary ratified the United Nations objector known to be imprisoned was ZsoIt Convention against Torture in April. Keszthelyi. He was arrested on 25 Febru­ Amnesty International continued ary and sentenced on 27 April by the throughout 1987 to ca ll for the release of Budapest Military Court under Article 336 all people imprisoned for refusing on con­ to three years', reduced on appeal to two scientious grounds to perform military and a half years', imprisonment. He had service. Amnesty International also wrote sent the authorities a declaration that he to the authorities urging them not to im­ would not perform military service in an prison Ferenc Koszeg and Andras Nagy "army which is not placed under the con­ and calling for the release of Laszlo Rusai, trol of a government elected by universal who was adopted by Amnesty Inter­ suffrage involving competing political national as a prisoner of conscience. programs". Ferenc Koszeg, one of the edi tors of Beszelo, a quarterly unofficial journal critical of government policy, was ordered to serve a 20-day prison sentence begin­ ning on 30 October. He had refused to pay a EUROPE / ITALY

206 reported to be imprisoned in 10 military prisons for refusing to perform military ITALY service or the alternative civilian service. Civilian service has been permitted since Italy recognized the right to conscientious objection in 1972. The law requires recog­ nized objectors to perform alternative civil­ ian service but many objectors refuse this option either on conscientious grounds or because they consider the length of ser­ vice, which exceeds that of military ser­ vice, to be punitive. Moreover, the law makes no provision for conscripts to apply for conscientious objector status after they have been ca lled to report to the armed forces. Refusal to undertake military ser­ vice or the alternative civilian service usually results in imprisonment for up to one year, although the law permits sen­ tences of between two and four years' Approximately 1,000 conscientious objec­ imprisonment. tors were believed to be imprisoned for Sixteen members of the Suedtiroler refusing to undertake military service or Heimatbund (South Tyrol Patriotic the alternative civilian service. Sixteen League) were arrested in August and members of a political group seeking charged with "anti-national activities autonomy for the Alto Adige - South Tyrol abroad". The Heimatbund, part of a move­ region were held briefly foral leged "anti­ ment fo rmed from the German-speaking national" activities abroad. Significant majority of the Alto Adige - South Tyrol developments occurred in important pol­ region, advocates full self-determination itical trials in which many of the accused for the region and eventual separation had spent excessively long periods in from Italy. The accused were alleged to preventive detention. Amnesties and pro­ have publicly spread fa lse information visional liberty were granted to some about Italy's internal conditions and to police and prison officers who had either have attempted the undermining of its been under investigatioD in cODnection credit and prestige abroad. They had par­ with torture or ill-treatment or accused of ticipated in a non-violent demonstration having committed such offences. organized in Vienna in November 1986 by Proposals for major judicial reforms members of the Heimatbund on the occa­ which could have important conse­ sion of the 35-nation Conference on Secur­ quences fo r the protection of human rights ity and Cooperation in Europe. Leaflets were under discussion at the end of the and a signed statement were distributed in year. They were put fo rward in response to support of the Helsinki Accords and self­ what were seen as severe problems in the determination in the Alto Adige - South legal system arising from its excessively Tyrol region. Those arrested were granted complex and lengthy judicial procedures. provisional liberty on 10 August and six of

GO A major proposal envisaged a new Code of the arrest warrants were subsequently GO � Penal Procedure to replace the "Rocco" annulled for lack of evidence. The Public � Code of 1930, which had been introduced Prosecutor appealed to the Court of Cassa­ � under Mussolini. The new code is in­ tion against this decision. '" '" tended to simplify the law and speed up its Political trials, some of which have ... c z implementation. The length of legal pro­ lasted many years, continued throughout o cedures gave rise to concern that defen­ 1987. In March Amnesty International � z dants in political cases did not get fa ir and observers attended the appeal hearing in '" '" ... prompt trials. In October the Minister of Rome of the "7 April" case (see Amnesty ! Justice announced that the text of the new International Report 1980 to 1986) which � code would be produced in August 1988. ended in June with the acquittal of many of ::l z Approximately 1,000 conscientious ob­ the publicly prominent defendants. The • c jectors, mostly Jehovah's Witnesses, were court examined Carlo Fioroni, a key wit- EUROPE I ITALY I MALTA ness who had fa iled to appear at the first ing August 1985. An inquiry had estab­ 207 instance trial. Sixty-eight defendants had lished that he died from beating and ill­ been sentenced at this trial to a total of over treatment. 500 years' imprisonment for belonging to During the year, Amnesty International subversive associations and armed bands appealed for the release of 14 imprisoned directly or indirectly responsible for mur­ conscientious objectors, including Giu­ der, kidnapping, robbery and arson. They seppe Toffoli, a doctor who had been were charged in connection with the ac­ conducting research into new anti-cancer tivities of a collection of left-wing groups medicines. He was adopted as a prisoner of called Autonomia Operoia (Workers' conscience in February after he had been Autonomy). Twelve of the accused had imprisoned for disobeying orders to enter spent over five years in prison before the military service. He made three successive judgment at first instance. Amnesty Inter­ applications to be considered a con­ national had been concerned about the scientious objector because of his belief in length of the judicial proceedings and non-violence. The Regional Administra­ considered that the first instance trial tive Tribunal suspended his call-up orders breached European and international fo llowing his first two applications. The norms because the defendants had not same tribunal rejected his third appeal, received a fa ir trial within a reasonable however, and ruled that his first applica­ time. tion had not been made within the statu­ All the defendants charged with armed tory time limit. He was discharged from insurrection at the first instance trial were military service because his wife gave acquitted of that charge at the appeal birth in May. hearing on the grounds that the insurrec­ tion did not take place. A number of the most prominent defendants were acquit­ ted for lack of evidence on charges of MALTA forming or taking part in an armed band, and others were acquitted of crimes of violence. Lengthy and often inconclusive judi­ cial inquiries were conducted into the alleged torture or ill-treatment of a number of prisoners. In February the Criminal Court of Milan reportedly granted an amnesty to the 22 officials of San Vittore prison. Dr Luigi Dotti, the prison director, two physicians and 19 other officials had been committed for trial on charges con­ nected with the ill-treatment of prisoners in September 1981 (see Amnesty Inter­ national Report 1982 and 1986). Amnesty International sought confirmation and clarification of the amnesty from the Minister of Justice in April, but no reply Several cases of alleged ill-treatment in was received. the early 1980s were addressed during In February the Minister of Justice in­ 1987. formed Amnesty International that he Malta recognized the right of individual would report any progress in the judicial petition to the European Commission of i inquiry into approximately 30 allegations Human Rights of the Council of Europe .... ,., 25 '" of torture and ill-treatment in the Naples under Article of the European Conven­ z region, but nothing fu rther was heard dur­ tion on Human Rights and simultaneously �o ing the year (see Amnesty International accepted the jurisdiction of the European z 1987). Court of Human Rights under Article 46 of � Report Nor was there news of pro­ ,. gress in the trial of 16 law enforcement the Convention on 30 April 1987. The � agents, including both police officers and declaration took effect from 1 May 1987. � carobinieri, in connection with Salvatore On 9 May a new government was Marino's death in custody in Palermo dur- elected. Dr Fenech Adami of the National- EUROPE / MALTA / NORWAY

208 ist Party succeeded Dr Mifsud Bonnici of Norwegian law recognizes the right to the as Prime Minister. conscientious objection to military ser­ Amnesty International wrote to Dr vice, but requires the objector to be Fenech Adami on 8 September asking the opposed to all fo rms of armed service. government to investigate al legations of Stein Roar Kringeland, who had already ill-treatment in police custody in Malta. served part of his sentence fo r refusing to The organization had been corresponding perform military service in 1986 (see with the fo rmer government about seven Amnesty International Report 1987), was cases of alleged ill-treatment dating from arrested in February after he fa iled to 1980 to 1985 (see Amnesty International return to prison to complete his sentence. Report 1986 and 1987). In a reply of 17 He was then held fo r the remaining two November Amnesty International was told weeks of his 90-day prison sentence. In that these allegations were being thor­ another case, Lars Aasen started a 95-day oughly investigated. Included with the prison sentence in October after the Eidsi­ letter were press reports that some police vating Court of Appeal upheld a decision officers had been charged with offences, by the Ministry of Justice that his refusal to among which was the murder of Leonard perform military service on political Debono, whose case had been raised by grounds was not purely pacifist. Because Amnesty International. On 30 December he was prepared under certain circum­ Amnesty International wrote to the Prime stances to take part in the defence system, Minister welcoming his government's the court said that he could not be ex­ readiness to investigate the allegations of empted from military service. Amnesty ill-treatment. It also pointed out that the International urged the government to re­ death penalty had been abolished fo r lease both prisoners immediately and ordinary offences only. It urged the gov­ unconditionally. ernment to ratify the Sixth Protocol to the In June the Public Prosecutor, who had European Convention on Human Rights led a seven-month police investigation and to amend the Armed Forces Act in into allegations of police misconduct in order to bring about the total abolition of Bergen, announced that a detailed inquiry the death penalty in Malta. had been completed into over 350 cases, 198 of which concerned allegations of police ill-treatment. Of these, 193 cases were dismissed, 141 of them because it NORWAY was fo und that no punishable offence had been committed, 31 because of lack of evidence, and 21 because the time limit for prosecution had elapsed. The allegations had been made over a number of years by people who claimed that they were physi­ cally ill-treated after being arrested by police officers in Bergen. The report of the official investigation had not been pub­ lished by the end of 1987. Amnesty Inter­ national was concerned that there appeared to be a pattern of physical ill­ treatment of detainees by the police in Bergen which continued in 1987. In September and December Amnesty Inter­ national representatives visited Bergen to make further inquiries.

At least two conscientious objectors to military service were imprisoned who were considered 'prisoners of conscience. Allegations that people in police custody in Bergen had been ill-treated were in­ vestigated by police from Oslo: their re­ port was due to be published in 1988. EUROPE I POLAND

One such prisoner was Zenon Katulski, 209 a Jehovah's Witness who remained in cus­ POLAND tody throughout 1987. He was sentenced to three and a half years' imprisonment on 23 December 1985 under Article 305 ofthe penal code for refusing on religious grounds to perform military service and, apparently, alternative conscript service. As many as 100 other Jehovah's Witnesses were reportedly serving prison sentences in 1987 for refusing to per form military service. Little information was available on individual cases but 14 Jehovah's Wit­ nesses, in addition to Zenon Katulski, were identified. They were believed to be serving sentences of between two and a half and three years' imprisonment at the end of the year. Some non-religious conscientious ob­ jectors were offered alternative conscript At least 22 prisoners of conscience were service, while others were not permitted held during 1987 for conscientious objec­ this option. Jacek Borcz, who was arrested tion to military service and hundreds of on 5 October and sentenced on 17 Novem­ others were reportedly imprisoned on ber to three years' imprisonment, was one similar grounds. Many people were sub­ of 12 prisoners of conscience from the jected to arrest, short-term detention and unofficial peace movement "Freedom and other forms of harassment for the non­ Peace" (wip) held in 1987 for refusing to violent exercise of their right to free ex­ perform military service after requests to pression. Beatings of detainees were fre­ perform alternative conscript service had quently reported. At least two people were been rejected. executed after conviction for murder. Polish law allows the police to hold Trials involving political charges people for up to 48 hours without charge. apparently ceased fo llowing the 1986 This provision was used to prevent people amnesty (see Amnesty International Re­ from taking partin non-violent demonstra­ port 1987). However, under legislation tions. Leading members of the banned introduced in October 1986, cases of trade union Solidarity, Henryk Wujec, people arrested fo r participating in "activ­ Wiktor Kulerski and Konrad Bielinski, ities designed to foster public disquiet", were among those detained by the police unauthorized publishing activities and in Warsaw on 30 April, apparently to membership of banned organizations were prevent them from taking part in peaceful transferred to misdemeanour courts. demonstrations planned for 1 May. Others These courts could impose a maximum apparently detained for similar reasons in sentence of three months' imprisonment Wroclaw included Tadeusz Jakubowski, a or a fine of 50,000 zlotys (US$134) and university professor; Zuzanna Dabrowski, could apply an "accelerated procedure". a student; and Tomasz Wacko, a wip activ­ Because of rapid proceedings, defendants ist. Gwido Zlatkes, another wip activist, often had insufficient time to prepare a was arrested and detained for up to 48 defence. hours twice between 4 and 8 May. He was Article 140 of the Law on the Universal arrested the second time within minutes of Duty to Defend the Polish People's Repub­ his previous release from custody, lic provides for "alternative conscript ser­ apparently to prevent him from taking part vice" but this alternative is not truly out­ in an unofficial peace seminar in Warsaw side the military system. Those who refuse organized by wip. Some 20 other wip mem­ to accept alternative service for reasons of bers were reportedly detained and pre­ conscience are liable to imprisonment vented from participating in Wip activities. and if placed in custody, Amnesty Beatings of detainees were frequently International regards them as prisoners of reported. In March Krzysztof Kowalski conscience. and Dariusz Stolarski were convicted of EUROPE / POLAND / ROMANIA

210 possessing illegal publications and fined 50,000 zlotys by a Plock misdemeanour court under Article 52a of the Code of Petty ROMANIA Offences. Both men were reportedly beaten by security officials while detained before their hearing. Krzysztof Kowalski was said to have been punched in the stomach and beaten about the head and to have lost consciousness both before and after the court hearing. He was hospital­ ized after his court hearing and remained in hospital until at least 4 April with concussion and an eye injury. At the time of his arrest, he was undergoing treatment at a neurological clinic for injuries said to have been sustained when he was beaten previously during police interrogation on 16 December 1986. In June Amnesty International wrote to the Minister of the Interior about the death of Miroslaw Bednarek, allegedly from in­ At least 35 people were known to be juries sustained while he was held in the prisoners of conscience but up to several custody of the security forces. On 21 De­ hundred others, whose identities were not cember 1986 Miroslaw Bednarek was known, were believed to be imprisoned brought by the People's Militia to Kutno either for the non-violent exercise of their hospital suffering from a broken tooth and right to free expression or for attempting a cut lip. After an initial examination at the to leave the country illegally. At least 19 hospital, he was reportedly taken away by prisoners of conscience were released af­ the People's Militia, then brought back the ter an amnesty announced in October. fo llowing morning unconscious and suf­ Many detainees were reportedly ill­ fering from external head inJuries, treated in detention and some were de­ intracranial bleeding and severe bruises nied an adequate defence. on his back and thighs. An emergency Political trials were not reported in the operation fa iled to save his life and he died official press and government censorship on 29 December 1986. The commanding severely restricted information about indi­ officer of the Kutno People's Militia re­ vidual prisoners. The number of prisoner portedly claimed that Miroslaw Bednarek of conscience cases on which information had sustained the injuries which led to his was available was believed to be only a death by fa lling out of his prison bed. fraction of the total. Hundreds of Roman­ However, the information received by ians were believed to have been sentenced Amnesty International indicated that he to imprisonment for attempting to leave died as a result of ill-treatment while in the country illegally. detention. The organization submitted his Several people remained in prison case to the United Nations Special Rappor­ throughout the year fo r allegedly con­ teur on summary or arbitrary executions. travening Article 166 ofthe criminal code,

.. Amnesty International received no reply which prohibits "propaganda against the .. � from the authorities but the Permanent socialist state" and carries a sentence of ... UN from five to 15 years' imprisonment. They Ill: Mission of Poland to the acknowledged o CL in October 1987 to the UN Special Rappor­ included Ion Draghici, a prisoner of con­ ... Ill: teur that "coercive measures were applied science and electronics graduate who was .J C sentenced in 1983 to 10 years' imprison­ Z to him in the form of truncheons" during o detention and that an investigation into ment for distributing leaflets in Sibiu Z� his death was continuing. which called on people to unite in opp�si­ Ill: ...... Throughout the year Amnesty Inter­ lion to the government's policies. Ion !!: national appealed for the release of prison­ Draghici had previously been refused per­ � ers of conscience and called on the author­ mission to emigrate. ... z ities to investigate allegations that de­ Most of the prisoners of conscience :lE c tainees had been ill-treated. known to Amnesty International were EUROPE / ROMANIA

held for attempting to leave the country Valentin Paunescu was tried in camera 211 without official permission. Some Roman­ and on 15 November 1986 sentenced to 10 ians are permitted to leave the country years' imprisonment for "misappropri­ legally each year, but the right to emigrate ation" and an additional three years for the is severely restricted. Those who apply to "social danger of the crime". He retracted a emigrate risk harassment, loss of work or confession made in pre-trial custody, demotion and, in some cases, imprison­ alleging that it was given under duress and ment. Those who attempt or show "inten­ that witnesses had been fo rced to testify tion" to make unauthorized border cros­ against him. Irregularities during his trial sings faceprosec ution under Article 245 of and appeal hearing in February 1987 were the criminal code and a prison sentence of also reported. For example, during both between six months and three years. proceedings he was silenced while lodging Among those imprisoned in 1987 for the above-mentioned allegations, and seeking to leave the country was Heinrich statements made and documents submit­ Wolf, an ethnic German from Birda in ted by the defence were not considered. Timis county. He was arrested on 4 April Other reports of ill-treatment in deten­ while attempting to cross the border into tion concerned approximately 60 Yugoslavia and sentenced to 10 months' homosexuals who were arrested in Arad in imprisonment on 12 May. He and his wife, June. Police allegedly beat them in order to two children and parents had sought per­ extract information about other homosex­ mission to emigrate without success since uals. Approximately 40 other homosex­ 1979. Since 1982, when his brother left the uals were subsequently arrested and country without permission and became a allegedly ill-treated. About half of all those resident in the Federal Republic of Ger­ detained were reportedly released after many (FRG), the authorities have not even interrogation and the rest of them in the replied to emigration applications made amnesty announced in October. by Heinrich Wolf and his fa mily. The Romanian State Council decreed In at least one case a would-be emigrant an amnesty on 24 October to commemor­ was killed by a border guard. On 29 May ate the republic's 40th anniversary. Lionte Gheorghe was attempting an illegal People serving terms of up to five years' crossing near the point where Romania imprisonment or corrective labour were meets both Hungary and Yugoslavia. He pardoned and released. Sentences of be­ reportedly crossed into Yugoslavia and tween five and eight years were reduced by then into Hungary, where he was shot dead one-third and those of between eight and by a Romanian border guard who had 10 years by one-fifth. Recidivists and followed him. In December the official people sentenced for crimes including Hungarian news agency announced that murder, manslaughter, bribery and illegal the border guard would be tried in Roman­ abortion were excluded. At least 19 pris­ ia in connection with the death. oners of conscience were released under During the year, new information was this amnesty. received about the case of Valentin In November a number of workers in Paunescu, a director of a small plastics Brasov were arrested for taking part in a factory in Cervenia, whose 10-year prison large demonstration on 15 November sentence was confirmed on appeal in against living and working conditions in February. He had been arrested in May Romania and personal criticism of Presi­ 1985, one month after he and his wife had dent Ceausescu. Subsequently, five people been refused visas to visit their daughters - Radu Filipescu, Doina Cornea and her living abroad, and had been warned not to son Leontin Iuhas, Florian Rusu and make further visa applications. He was Mariana Botez - were arrested for giving reportedly ill-treated and beaten until un­ interviews to fo reign journalists about the conscious while in pre-trial detention and Brasov events. All five, who had been later tried on fa lse charges. The authorities active previously in opposing the policies accused him of possessing "illegally of the Romanian authorities (see Amnesty obtained goods", although he apparently International Report 1985 and 1987), were produced customs declarations and other believed to have been released in late relevant documentation for the items December. which had been seized at the time of his Throughout the year Amnesty Inter­ arrest. national appealed for the release of prison- EUROPE I ROMANIA I SPAIN

212 ers of conscience. In July the organization Criminal Justice Law, the penal code and published a report, Romania: Human the Organic Law on Judicial Powers. The Rights Violations in the Eighties, which maximum period of incommunicado de­ documented the persistent pattern of hu­ tention would be five days, as compared man rights abuses in Romania since 1980. with 10 days under previous legislation. Between 1980 and 1987 the authorities Detainees, however, would still be denied imprisoned their critics and jailed hun­ the right to designate their own lawyers. In dreds of other people for attempting to addition, the National Court in Madrid exercise their right to free movement by would retain its special powers to investi­ expressing a desire to leave the country. gate and try all cases under the anti­ Some prisoners of conscience were beaten terrorist law. The government said it and jailed for years after unfair trials, would extend thesepowers to courts in the while other criticsof the government were areas whereoffences occurred, when judi­ placed under house arrest, dismissed from cial resources were available. their jobs and then charged with "parasit­ In November the Minister ofthe Interior ism", or attacked in the street by people stated that during 1987, 528 people had believed to be government agents. been held in incommunicado detention under the special powers of the anti­ terrorist law. All detainees were held in­ communicado for fe wer than seven days; SPAIN 85 per cent of them for fewer than three days. According to Ministry of Interior fig­ ures published in November, 147 Basques were expelled from France to Spain between July 1986 and October 1987. On arrival in Spain, only 17 were freed by the security fo rces. The remaining 130 appeared before the judges of the National Court. Eighty-eight of them were committed to prison; 35 released without charge; six released on bail and one into provisional liberty. Eight of those impris­ oned were tried under the anti-terrorist law, six convicted on criminal charges and two acquitted. In October Spain ratified the United Nations Convention against Torture. Two conscientious objectors were impris­ On 30 October the Constitutional Tri­ oned for refusing to perform military bunal ruled that the 1984 law on conscien­ service and several others were awaiting tious objection was constitutional, follow­ trial. However, the majority of conscien­ ing appeals from the ombudsman (Defen­ tious objectors were at liberty awaiting sor del Pueblo) and the National Court. approval of a bill on alternative civilian According to a Ministry of Justice state­ service which had not been finalized by ment issued in October, 24,059 people had

., the end of the year. Allegations of torture been recognized as conscientious objec­ ., � and ill-treatment were made by detainees tors since December 1984. Approximately 3,500 :i held under the anti-terrorist law. of them would be expected to per­ � Fifty people were killed in 1987 as a fo rm alternative civilian service, once the '" '" result of violent actions by the armed service was established in 1988. However, ..... c z Basque group Euskadi Ta Askatasuna at the end of the year, the law establishing o ;:: (ETA). The dead included members of the alternative service was still pending c z security forces and civilians. The anti­ approval by the government. According to '" '" ... terrorist legislation remained in fo rce but Amnesty International's information, the !: in November the government announced only conscientious objectors imprisoned that a draft bill had been prepared which were those who had presented their ap­ Ez would reform the existing law by incorpor­ plications after incorporation into the :I c ating some of it,s central provisions into the army. They were imprisoned on grounds of EUROPE /SPAIN

desertion or refusal to obey orders. was hooded, forced to do strenuous exer­ 213 Miquel Rodriguez Mendez, a conscien­ cises, kicked, beaten and given electric tious objector who was arrested on 16 shocks. When he appeared in court the January and charged with desertion and judge noticed his limp and bruises on his refusal to perform military service, was chest and ordered that he be taken to the released into provisional liberty in May, Prison Hospital ofCarabanchel, where Jose pending trial. Francesc Alexandri Luis Lekue observed blood in his urine. A Muchart was arrested in May 1986 on judicial inquiry began in 1987 into his similar charges (see Amnesty Inter­ allegations of ill-treatment. national Report 1987) and remained under Complaints of ill-treatment were the house arrest at the end of the year awaiting subject of judicial inquiries but the pro­ trial. He was, however, given permission cedure was lengthy and the inquiries to go to his place of work. Amnesty Inter­ usually inconclusive. national appealed during the year for the In April Amnesty Internationalwrote to removal of restrictions on his freedom of the authorities concerning allegations of movement. In April the organization had torture and ill-treatment made in the appealed for the release of Miquel Rodri­ National Court in Madrid in April 1986 by guez Mendez. Sabino Alava Garcia. He had been arrested Francisco Javier Aya Zulaica was ex­ and held incommunicado in Pamplona pelled from France in April and subse­ under the anti-terrorist law and charged quently charged with belonging to an with belonging to an armed band. He armed band (ETA-militar). In July he was alleged that during his interrogation police acquitted after a brief hearing. The pro­ subjected him to near-asphyxiation and secution alleged that he had maintained near-drowning and struck him on his links with ETA after he took refuge in head, kidneys and testicles. He subse­ France in 1976. Amnesty International quently received hospital treatment for observers attended his trial. kidney trouble. The Territorial Court in Many people detained under the anti­ Pamplona info rmed Amnesty Inter­ terrorist law reported that they had been national that inquiries into the complaint ill-treated while in custody. Alleged vic­ had been discontinued. tims included both people who had been An inquiry was still open at the end of expelled from France and people who had 1987 into complaints made in 1979 by two been detained in Spain. Roman Landera Basque brothers, Emilio and Julio Gines. Martin, a Roman Catholic priest, was ex­ They had been detained and allegedly pelled on 3 October by an administrative tortured for eight and seven days respec­ order of the French Government. In Janu­ tively, before they were released uncon­ ary he had been appointed chaplain to the ditionally. In 1986 the court admitted it immigrants in the Basque part of the had lost key evidence of the injuries Emilio Bayonne diocese. On arriving in Spain, he Gines had allegedly received in custody. was arrested by the Civil Guard and taken During 1987 the Minister of the Interior to their headquarters first in San Sebas­ stated in a letter to Amnesty International tian, then in Bilbao. He alleges that over a and in press conferences that Spanish law three-day period he was hooded, beaten, provided adequate protection for de­ kicked and given electric shocks. The tainees, including those detained incom­ officers ridiculed his religious status and, municado under the anti-terrorist law. He during his transfer to Bilbao, threatened to informed Amnesty International that eradi­ :. I: shoot him. In Bilbao he was again beaten, cating illegal treatment was a priority, but z ,., then taken to another place where his head acknowledged that in isolated instances � was submerged several times in a bath there may have been cases of police ex­ -< z .... fi lled with urine. On the third day he saw a ceeding their authority. However, he in­ ,., .. lawyer and was released without charge. sisted that investigations showed most z To Amnesty International's knowledge, he complaints to be unfounded. � is z filed no complaint. Formal complaints of ill-treatment :. ,... Jose Luis Lekue, a bookseller in Bilbao, were rarely made by people who were not .. was arrested on 3 October and taken to the ,., political prisoners. However, a group of ;g Civil Guard barracks at La Salve. He was local lawyers exercised their constitution­ � ... held for two days before transfer to Ma­ al right to act as interested parties in the oD Cl> drid. He alleged that while in La Salve he judicial inquiry into the death of Antonio Cl> EUROPE / SPAIN / SWITZERLAND

214 Cant6 Ruiz. He was a vagrant who died in intervals of up to a year between the police custody in Malaga on 17 November. imposition of the sentence and the impris­ He had been arrested the day before his onment of the person concerned. Regular death, after a violent scuffle in which he periods of military service are compul­ shot dead one of the arresting officers. sory for all men aged between 20 and 50 Antonio Cant6 Ruiz required hospital and there is no provision for alternative treatment for head injuries which, accord­ civilian service outside the military sys­ ing to the police, he received while resist­ tem. Unarmed military service is avail­ ing arrest. However, there was also evi­ able only to conscripts able to prove that dence from witnesses that he was beaten the use of arms would result in "a severe and kicked by police officers after he was conflict of conscience" on religious or discharged from hospital and taken back to ethical grounds. the police station. An autopsy indicated Switzerland abstained when the Com­ that his death was caused by a fragment mittee of Ministers of the Council of from a ricocheting bullet, but it remained Europe adopted Recommendation unclear whether he had been assaulted in No. R(87)8 on 9 April 1987, calling on custody and whether his death was the member states to allow conscripts the right subject of an official inquiry. to refuse military service "for compelling On 23 June the Minister of the Interior reasons of conscience" and supporting the replied to Amnesty International's letter of provision of alternative service. The Swiss 29 December 1986 (see Amnesty Inter­ representative stated that his government national Report 1987) asking him to insti­ would be unable to comply with the text. tute a fu ll investigation into allegations of Under Article 18 of the Swiss Constitution torture and ill-treatment made by people there is a binding obligation to perform expelled from France to Spain. Amnesty military service. An alternative civilian International had cited the complaints of service could only be introduced if the several detainees. The Minister supplied Constitution were changed by popular ref­ details of their movements and of the erendum, but two referendums in 1977 official steps in their interrogation without and 1984 decisively rejected this. commenting on the allegations that the On 27 May the Federal Council, the police had subjected them to ill-treatment. government's executive branch, stated that "a complete decriminalization of con­ scientious objection is impossible within the present constitutional framework" SWITZERLAND when it presented a draft bill to Parliament modifying the Military Penal Code and the Federal Law on Military Organization. Under the provisions of the draft bill. which was still under consideration at the end of 1987. refusal to perform military service would remain a criminal offence. The punishment for those recognized by military tribunals as having objections based on religious or ethical grounds would be a period of compulsory work, ranging from one and a half times the length of military service up toa maximum of two years. If completed. no sentence would appear on the individual's record. thereby "decriminalizing" it. Those ob­ jecting on other. unrecognized. grounds would continue to receive prison sen­ Six hundred people were sentenced to tences and a criminal record. imprisonment or suspended imprison­ Article 81 of the Military Penal Code ment for refusing military service and at allows military tribunals to sentence least 292 based their refusal on religious, people refusing military service to up to ethical or political grounds, according to three years' imprisonment but, in practice, official statistics. There are frequently sentences rarely exceed one year. Where a EUROPE / SWITZERLAND / TURKEY

military tribunal recognizes an indi­ Iran, where they were at risk of execution, 215 vidual's "severe conflict of conscience" on torture or imprisonment as prisoners of religious or ethical grounds, a sentence of conscience. up to six months' imprisonment may be passed. Such sentences are normally served in the fo rm of arr{Jts repressifs, allowing prescribed work outside the prison during the day, or in the form of "semi-detention", allowing objectors to continue their normal or approved em­ ployment outside the prison during the day. Sentences of less than six months' imprisonment imposed on "unrecog­ nized" objectors are also frequently served in the fo rm of "semi-detention". Amnesty International appealed against the imprisonment of 35 conscien­ tious objectors sentenced to between one and 12 months' imprisonment for refusing military service; the majority had ex­ pressed their willingness to perform an The government lifted martial law in alternative civilian service. the last four ofTurkey's 67 provinces on 19 Amnesty International wrote in July, but trials before military courts con­ September to a National Council commit­ tinued. In April the army stated that 5,179 tee examining the draft "decriminaliza­ people were on trial before military courts, tion" bill, drawing attention to interna­ of whom 1,025 were held in military pris­ tional recommendations on the issue. It ons. Some had been in pre-trial detention stated that its concern would remain as for more than seven years.At the end of the long as the right to refuse military service year emergency legislation was in force in on conscientious grounds was not recog­ nine provinces. All, except for Istanbul, nized and conscientious objectors were are in the southeast. Kurdish guerrillas punished for exercising their beliefs by have carried out violent attacks in the area sentences of imprisonment or compulsory since August 1984, and their actions and work. clashes with the security forces have re­ In October Switzerland ratified the sulted in more than 800 deaths. Sixth Protocol ofthe European Convention A general election was held on 29 on Human Rights, abolishing the death November, in which the ruling Mother­ penalty for peace-time offences. land Party (ANAP) gained 292 out of 450 parliamentary seats. This party has been in power since November 1983. In January the government recognized TURKEY the right to individual petition to the European Commission of Human Rights of the Council of Europe under Article 25 of Thousands of people were imprisoned for the European Convention on Human political reasons, including hundreds of Rights. prisoners of conscience. The use of torture Some prisoners of conscience were re­ continued to be widespread and systema­ leased during the year but many others tic. During the year 17 people were re­ were imprisoned. In November the Turk­ z ported to have died in custody as a result .... ish Human Rights Association estimated m of torture. Civilian and military courts that there were 18,000 political prisoners. '" passed 28 death sentences. At the end of Among several hundred prisoners of con­ o� z 1987, 159 death sentences were awaiting science were members oftrade unions, legal � ,.. ratification by Parliament, all legal re­ and illegal political organizations and illeg­ '" medies having been exhausted, and hun­ al Kurdish groups, journalists, religious m '"� dreds were still under legal review. Many activists and participants in peaceful dem­ .... Iranian asylum-seekers, including recog­ onstrations. In the trial of 1,477 members :;; nized refugees, were forcibly returned to of the Confederation of Progressive Trade l: EUROPE / TURKEY

216 Unions (DISK), which ended in December bers from four years to 16 years and eight 1986, no detailed written verdict was pre­ months, which had been imposed by the sented by the Istanbul Military Court, so the Ankara Military Court in March 1985. Most appeal of the 264 convicted prisoners of were believed to have been released, but at conscience could not proceed (see Amnesty least four were still imprisoned at the end of International Report 1983 to 1987). 1987. A number of people were prosecuted On 28 April the Istanbul Military Court during 1987 fo r belonging to political par­ delivered its verdict on 71 members of the ties declared illegal in September 1980. Turkish Peace Association (TPA) who had Others were prosecuted for their religious been on trial since 1982 on charges of activities or for alleged offences against the membership of an illegal organization. Most state, including so-called crimes of thought. were acquitted but 12 defendants were sen­ Several journalists were brought to trial tenced to terms of imprisonment of between because of their writings. six months and four years, two months. In March the trial of 168 alleged mem­ They remained at liberty pending appeal bers of the Turkish Workers' Party (TIP) (see Amnesty International Report 1983 to beforethe Istanbul Military Court, known as 1987). the TIP-4 trial, concluded. Nineteen defen­ The newspaper MiIIiyet reported on 20 dants were convicted and jailed for five August that 9,512 people had been detained years. Fifteen other alleged members of the between August 1984 and July 1987 in the TIP were still on trial before the Ankara State provinces of Diyarbakir, Mardin, Siirt, Hak­ Security Court at the end of 1987. The TIP's kari, Van and Sanliurfa , where most of the Secretary General, Or Nihat Sargin, and population is of Kurdish origin. The cases of Haydar Kutlu, the Secretary General of the 2,811 were reportedly transferred to mili­ illegal Turkish Communist Party (TKP) were tary courts and those of a further 1,612 to also in prison at the end of 1987. They were civilian courts. The remainder had re­ arrested on 16 November in Ankara after portedly been released. they returned to Turkey after several years Many reports indicated that the illegal in exile. Kurdish Workers' Party (PKK) continued to Members of banned political parties take prisoners among the civilian popula­ such as the TIP were tried under Article 141 tion and frequently tortured or executed of the penal code prohibiting "membership them outside their villages. of organization/s trying to establish the Most of the Kurdish activists known to domination of one social class over the Amnesty International were charged with others". Fifty-three members of the Turkish violent offences, but some were prisoners of Socialist Workers' Party (TSIP) were tried on conscience imprisoned on account of their such charges before the Istanbul Military non-violent political or cultural activities. Court. On 14 May 12 were sentenced to For example, Recep Marasli, a publisher, prison terms ranging from one year to eight and Mehdi Zana, a former mayor of Diyarba­ years, 10 months. They remained at liberty kir, were held throughout 1987 in Diyarba­ pending an appeal. The trial of seven other kir Military Prison (see Amnesty Inter­ alleged TSIP members at the Izmir State national Report 1987). However, in March Security Court began on 22 September and part of Mehdi Zana's sentence was quashed was still going on at the end of the year. by the Military Appeal Court in Ankara. Alleged members of the TKP were also Mustafa Evlek and Ali Dogan were sen­

co prosecuted under Article 141. In January 17 tenced to prison terms of four years, two co � people accused of belonging to the Thrace­ months by the Istanbul State Security Court TKP on 2 June. They were both convicted of :.: were sentenced to prison terms of be­ tween fo ur and eight years by the Istanbul listening to a cassette of Kurdish songs and ...� .. Military Court. They remained at liberty speeches. The appeal court confirmed their ... < z pending appeal. In the Izmir State Security sentences in October and they remained in o ;:: Court, 21 alleged members of the TKP were Istanbul Closed Prison. < z jailed fo r between fo ur and 10 years on 25 The number of people prosecutEld for .. ... � June. Thirteen others were brought to trial their religious activities under Article 163 !: before the same court in November, 10 of for "attempting to change the secular nature

'"/: whom were still in prison at the end of1987. of the State" increased substantially in ... z In October the Military Appeal Court con­ 1987. At the Istanbul State Security Court :E < firmed sentences of 104 alleged TKP mem- alone, 44 trials involving 128 defendants EUROPE I TURKEY

began during the first seven months of the he was beaten to death by the police. Kemal 217 year. The defendants included Karapinar died on 2 December, leaving a people who had participated in peaceful wife and fivechildr en. He was detained on demonstrations, members of legal political 22 Octoberand charged with stealing sheep, parties, journalists, writers, members of released and then taken back into custody Islamic brotherhoods in Turkey and mem­ twice. A fellow detainee alleged that Kemal bers of Islamic associations among Turkish Karapinar had been beaten, given electric workers abroad. shocks to his genitals and hosed with hot Writers, publishers and journalists were water. The autopsy report stated that he had prosecuted or imprisoned under bruises on the fa ce, in particular around the various articles of the penal code, including ears. Article 142, "making communist pro­ In August local journalists were permit­ paganda"; Article 159, "insulting the state ted to visit several prisons following authorities"; and Article 312, "incitement to hunger-strikes by prisoners in various civi­ commit a crime". Hiiseyin Kivan�, a pub­ lian and military prisons in protest against lisher, was released from custody on 13 their conditions. In Metris and Mamak March but was still on trial at the end of the Military Prisons, Gaziantep Special Type year (see Amnesty International Report Prison and Sanliurfa Half Open Prison, 1987). Hasan Fikret Ulusoydan, fo rmer prisoners told journalists that they were editor-in-chief of the periodical Halkin Sesi beaten by guards. (People's Voice), who had been sentenced to There were no executions in 1987 but 28 a total of 75 years' imprisonment for "mak­ people were sentenced to death by military ing communist and separatist propaganda", and civilian courts. Some 700 death sen­ was imprisoned throughout 1987 in Metris tences had been imposed during the pre­ Military Prison. In July he went on hunger­ vious eight years. A number were confirmed strike for 10 days to protest against the by the appeal courts with the result that, by imprisonment of journalists and writers. December, 159 people under sentence of There were further trials of people ac­ death had exhausted all legal remedies. cused of offences against the state, including Other death sentences, however, were so-called crimes of thought, at state security quashed on appeal. On 10 December the courts in eight provinces. In a number of Turkish Human Rights Association pre­ cases it appeared that these courts fa iled to sented a petition to Parliament with 130,000 take account of allegations that defendants signatures in support of the abolition of the had been tortured, accepted as evidence death penalty and a general amnesty. statements allegedly extracted under tor­ Throughout 1987 Amnesty International ture, and fa iled to ensure the rights of the appealed to the authorities to release pris­ defence. There were serious doubts as to oners of conscience, investigate allegations whether such trials were fa ir. of torture and abolish the death penalty. In There were many new allegations of April and October an Amnesty International torture of political and criminal prisoners observer attended several trials at military and suspects. Torture was mostly reported and civilian courts, including state security during incommunicado detention in police courts. The organization also published stations, but some prisoners in military and several short reports concerning a proposed civilian prisons also complained of ill­ revision of the penal code, trials of religious treatment. Two alleged torture victims were activists, the use of torture and the death Dr Nihat Sargin and Haydar Kutlu, both penalty and other human rights violations. ,. prisoners of conscience. It was alleged that I: The authorities responded to a number z ,., they had beentortur ed with electric shocks, of torture allegations raised by Amnesty '" suspended by their arms, beaten, hosed International. They stated that investiga­ � i with ice-cold water and forcibly injected tions were still in progress in some cases .... ,., with drugs while detained in Ankara Police '" and that in others charges against police z Headquarters in the week fo llowing their ,. officersal legedly responsible for torture had :;j o arrest on 16 November. been dropped because of lack of evidence. z ,. Seventeen people were reported to have However, in most cases they denied that any ... '" died in custody as a result oftorture. Haydar kind of ill-treatment had taken place. In � Talay was arrested in Van on 20 November February the Minister of justice denied := fo r an alleged traffic offence. Four hours reports that Kemal Bilget, an alleged mem­ - later he was dead. His fa mily claimed that ber of the Turkish Communist Workers' � EUROPE I TURKEY I UNION OF SOVIET SOCIALIST REPUBLICS

218 Party. had been tortured in June 1986 in was encouraging, there were as yet no Elazig. He said that there had been an changes in law that would protect Soviet investigation but no charges had been citizens from being imprisoned for peace­ brought as a result. However. on 20 October fully exercising their rights, prevent ill­ the newspaper Cumhuriyet reported that treatment in places of imprisonment, or two police officers alleged to have tortured abolish the death penalty. At the end of Kemal Bilget were being tried before the 1987 at least 300 prisoners of conscience Elazig Criminal Court. were still imprisoned, in exile, or held in Amnesty International also expressed psychiatric hospitals against their will. concern to the Turkish authorities about the During the year at least 25 new death forcible repatriation of a number of asylum­ sentences were reported and at least eight seekers to Iran where they were at risk of people were executed. torture. execution or imprisonment as pris­ In an article in Pravda in September. oners of conscience. At least four Iranians Mikhail Gorbachov. the General Secretary were reported to have been executed after of the Soviet Communist Pl,\r�'y. recom­ being returned to Iran. In particular. Amnes­ mended a stronger role for the United ty International asked about the circum­ Nations in promoting and protecting hu­ stances in which 11 Iranians were returned man rights. He also stressed the obligation to Iran at the end of 1986. but there was no of governments to make their own laws response from the authorities. In May conform with international norms in this Amnesty International called on the Turk­ field. During 1987 the USSR ratified the UN ish Government to ensure that no further Convention against Torture. and Soviet Iranian asylum-seekers would be returned legislators were involved in a major review if there was a risk that they would become of the criminal law apparently aimed at prisoners of conscience or be tortured or bringing it more closely in line with inter­ executed. national standards. They were said to be In May Amnesty International submitted considering restricting the death penalty. a communication to the United Nations giving suspects earlier access to a lawyer. under its confidential procedure for review­ and repealing the law against "circulating ing communications about human rights anti-Soviet slander" - one of two laws that violations. specifically restrict freedom of expression. It was not known when the review would be completed. In the context of this review the author­ UNION OF ities initiated public discussion of the death penalty. For the first time in decades SOVIET SOCIALIST the media reported the views of readers. REPUBLICS academic lawyers and others who favoured abolishing the death penalty and improving safeguards for people on trial for capital crimes. Some newspapers ex­ posed cases where official corruption and incompetence had led to innocent people being sentenced to death and even exe­ cuted. In November the USSR Minister of Justice announced that the death penalty would probably be abolished for all econo­ mic offences and fo r crimes committed by women. and by men of 60 and over. Be­ cause of the secrecy still surrounding stat­ Changes in the political climate of the istics on the death penalty. it was imposs­ USSR gathered momentum in 1987. The ible to assess the impact this would have. authorities opened some discussion of Only three women were known to have human rights issues that were previously been sentenced to death since 1979 and taboo. A large number of prisoners of newspapers rarely reported the age of con­

III� conscience were freed and significantly demned men. However. the data available ... Z fe wer people were arrested on political suggested that abolition for economic of­ :. c grounds. But although the general picture fences could reduce death sentences by EUROPE I UNION OF SOVIET SOCIALIST REPUBLICS

around one third. In a short report, The prisoned for their religious activities and 219 Death Penalty Debate in the USSR, issued to most of the human rights activists serv­ in November, Amnesty International ing long sentences in the special regime analysed the effect of the proposed camp Perm 36-1. Moreover, some prison­ changes. ers of conscience had to accept major The use of psychiatry fo r non-medical concessions in exchange for their freedom purposes also came under public scrutiny - such as agreeing to leave the USSR - and a for the first time in 1987. In July lzvestiya number were moved to harsher conditions charged that Soviet citizens could be put in isolation while they considered the in psychiatric hospitals arbitrarily and conditions for release. that the law offered them no power of At least 32 prisoners of conscience were redress. The focus of its criticism was the released from psychiatric hospitals after civil commitment procedure, under which medical commissions reviewed their people who are mentally ill and physically cases. Most had been confined under the dangerous may be fo rcibly confined for criminal commitment procedure and held indefinite periods without being charged against their will in maximum security with an offence. A 1971 directive of the psychiatric hospitals, sometimes for 15 USSR Ministry of Health sets down guide­ years or longer. They included three pris­ lines for this procedure and stipulates that oners of conscience whose cases had a commission of doctors must approve attracted wide international support, who each commitment within 24 hours. lzves­ were released from psychiatric institu­ tiya said that the directive was not only tions on 3 December, only days before th;' inadequate but also widely disregarded. summit meeting in the USA between Many people were committed with no General Secretary Gorbachov and Presi­ indication that they were dangerous, and dent Reagan. They were a Baptist, Anna frequently no medical commission re­ Chertkova, confined since 1973; Anatoly viewed their confinement. It gave as exam­ Pinyaev, a devotee of the Hare Krishna ples the cases of two women confined religion, confined since 1983; and a trade solely on the instructions of local Com­ union activist, Vladimir Gershuni, also munist Party officials with whom they had confined since 1983. Doctors had recom­ been in conflict. Their cases illustrated the mended Vladimir Gershuni's release two experience of many prisoners of con­ months earlier, but he remained confined science known to Amnesty International. until shortly before the summit. lzvestiya's criticism did not include the Unconditional release was granted to criminal commitment procedure, under some prisoners of conscience under an which Soviet citizens have been fo rcibly amnesty decreed on 18 June to mark the confined on charges that in themselves 70th anniversary of the Bolshevik Revol­ contravened human rights. ution. This amnesty, unlike previous ones, In February an official announced the included people sentenced under three of release of 140 prisoners and said the cases the laws commonly used to imprison pris­ of a similar number were under review. At oners of conscience. However, the amnes­ the end of 1987 Amnesty International ty made release dependent on a prisoner's could confirm the release of 259 prisoners, past behaviour, and since many prisoners most of them known prisoners of con­ of conscience had repeatedly been science. This was probably the lar gest punished for continuing to express the number of such releases in any one year views or practise the religious beliefs since the 1950s. which led to their arrest, they were dis­ However, the release process had some qualified on these grounds.Amnesty Inter­ disturbing elements. For example, nearly national knew of only 27, mostly Baptists, 200 freed prisoners of conscience recei ved who had benefited from the amnesty by the individual pardons under secretdecrees of end of 1987. the Presidium of the USSR Supreme Soviet. New information came to light during This procedure implied fa lsely that they the year from released prisoners and other were criminals and hid the fa ct that they sources �bout some 50 possible prisoners had been unjustly imprisoned in the first of conscience who were previously un­ place. It also enabled the authorities to free known. It was likely, therefore, that the prisoners selectively, denying the pos­ total number of prisoners of conscience sibility of release to scores of people im- was higher than the 300 known to Amnesty EUROPE I UNION OF SOVIET SOCIALIST REPUBLICS

220 International at the end of 1987. Nizametdin Akhmetov, in March. While During 1987 the authorities allowed drunk, they had dragged him into a bath­ unusual freedom for Soviet citizens to room and beaten him for over two hours. demonstrate against government policies, Changes to the corrective labour law in to form independent discussion clubs, and October appeared likely to increase the risk to produce journals that by-passed state that prisoners held in corrective labour censors. No one was reported to have been colonies would be subjected to arbitrary prosecuted fo r these activities, although in treatment and severe conditions. Previously late 1987 people who took part were in­ it was customary for first offenders and creasingly searched, Questioned, dis­ those given short sentences for petty crimes missed from work or put under adminis­ to serve their sentences in their native trative arrest. At least nine individuals republics, near their homes. The changes who had staged peaceful vigils in public allowed them to be sent to labour colonies were placed in psychiatric hospitals for in other republics fa r from their fa milies. brief periods under the civil commitment Previously too, prisoners were required to procedure. They were mostly members of work eight-hour shifts for six days a week, an unofficial peace group in Moscow or but under the changes officials could make people campaigning to leave the USSR. prisoners work on their free days. This Religious believers continued to be pros­ appeared to increase the scope for prisoners ecuted under the criminal law for acting to be punished for failing to meet work according to their beliefs, and around 20 targets, which had already led to the victi­ arrests were reported. At least five con­ mization of many prisoners of conscience. scientious objectors who refused on reli­ Although the use of the death penalty gious grounds to bear weapons received was under review, Soviet courts continued sentences of up to five years' imprisonment. to pass death sentences throughout 1987. At They were mostly Jehovah's Witnesses from least eight people were executed, all of them Kazakhstan. Some 15 Baptists, Pente­ convicted of murder or atrocities committed costalists and a Seventh Day Adventist were during the Second World War. One was also imprisoned fo r pursuing religious acti­ 78-year-old Fyodor Fedorenko, who had vities without official permission. A typical been deported in 1984 from the USA to stand case was that of Sergey Bogdanov and Alek­ trial for war crimes. Since no one was sey Mukhin, Baptists from Fergana in the reported executed for economic offences in Uzbek republic. They were accused of 1987, it seemed that executions for these building a prayer hut in a private yard and of crimes may have been suspended pending distributing home-made copies of the New changes to the criminal law. In January the Testament and a work by an English Baptist. authorities commuted the death sentence In February they were sentenced to impris­ passed on M. Ruzmetov on account of his onment for two and five years respectively "age and profound repentance". He had fo r "violating the laws separating church been sentenced in 1986 for taking bribes. from state", "engaging in anti-social reli­ Amnesty International welcomed this gious activity" and "circulating anti-Soviet commutation and throughout the year slander". Aleksey Mukhin was later par­ appealed for the commutation of every doned and freed. death sentence reported and for the uncon­ Most prisoners of conscience in correc­ ditional release of all prisoners of con­ tive labour colonies were moved to a less science. In April it wrote to the USSR Minis­ severe regime under the terms of the June ter of Justice to ask for clarification of the amnesty, and many in psychiatric hospitals procedures being used to release prisoners were transferred from maximum security of conscience and to restate its belief that institutions to ordinary ones. Despite this, it they should be released unconditionally. In seemed that they were still liable to arbitrary particular, it asked the authorities to pub­ and sometimes cruel treatment from the lish the decrees under which prisoners were officials in charge of them, and it was being pardoned and to issue lists of the usually not possible for them to obtain prisoners freed. It submitted 114 names of redress. In one case, however, five orderlies prisoners still serving sentences for "anti­ at a psychiatric hospital in Soviet agitation and propaganda" and asked Chelyabinsk were dismissed from the authorities to indicate which of them their jobs and prosecuted for brutally iII­ would be freed. No reply was received. In treating a prisoner of conscience, April Amnesty International published a EUROPE / UNION OF SOVIET SOCIALIST REPUBlICS/ UNITED KINGDOM short report on the releases of Soviet prison­ An official police inquiry into the kill­ 221 ers of conscience. As discussions of legal ing of suspected government opponents by reforms continued in the domestic press, security forces in Northern Ireland in Amnesty International sought discussions 1982, which began in 1984 under Deputy with the authorities and with the Associa­ Chief Constable John Stalker, continued tion of Soviet Lawyers on the changes being under Chief Constable Colin Sampson considered. One of the changes - a proposal from June 1986 until its conclusion in to abolish internal exile as a fo rm of punish­ 1987. The full three-part report of the ment - was the subject of a short report inquiry was submitted to the Director of issued by Amnesty International in Decem­ Public Prosecutions in April 1987. By the ber. Amnesty International also discussed end of the year, the government had still with the Soviet authorities its wish to send a not made public its fi ndings. delegation to the USSR to discuss its human Since 1985 Amnesty International has rights concerns with representatives of the repeatedly asked the government to estab­ government and appropriate organizations. lish an independent judicial inquiry into At the end of 1987 this proposal was under the procedures used to investigate killings consideration by the Soviet authorities. by the security forces and to make public the fi ndings. In particular, three incidents in late 1982 in which six unarmed people were killed remain unexplained. Five of UNITED KINGDOM the victims were members of republican paramilitary groups (see Amnesty Inter­ national Report 1986 and 1987). In Febru­ ary Amnesty International delegates dis­ cussed the organization's concerns with government representatives from the Northern Ireland Office and reiterated the request for a judicial inquiry. The Minister of State said that the government was awaiting results of the official police in­ quiry into the 1982 incidents and would not contemplate setting up a judicial in­ quiry at that time. In August Amnesty International wrote to the authorities stat­ ing that further delay in providing a full account was unacceptable. Since 1983 Amnesty International has The results of the official police inquiry been monitoring the judicial procedures into the killings of suspected government and rules of evidence used in the "Diplock opponents by security fo rces in Northern Courts" in Northern Ireland. These courts Ireland in 1982 were still not made public have a single judge and no juries. Uncor­ in 1987. Some people who were detained roborated evidence of alleged former in Northern Ireland under anti-terrorist accomplices, commonly known as "super­ legislation alleged that they were ill­ grasses", has served as a basis for prosecu­ treated while in police custody. Similar tion. Some 217 people, including alleged allegations were made by some people members of both republican and loyalist detained in Britain. Trials held in connec­ paramilitary groups, were defendants in tion with disturbances in 1985 at a Lon­ 10 "supergrass" trials between 1983 and don housing estate may have been pre­ 1985. Sixty-five of the 120 defendants who judiced by pre-trial detention procedures. were convicted at the trials were prose­ The cases of six people convicted in 1975 cuted and convicted solely on the basis of of pub bombings in Birmingham were the uncorroborated testimony of "super­ referred by the Home Secretary to the grasses". Sixty-four of the 65 were acquit­ Court of Appeal. The Home Secretary was ted on appeal. still considering at the end of 1987 the There have been no trials in "Diplock cases of four people who had been con­ Courts" based on uncorroborated accom­ .. victed in 1975 of pub bombings in Guild­ plice evidence since 1985. Amnesty Inter­ '" ford and Woolwich. national remained concerned, however, &: EUROPE / UNITED KINGDOM

222 that the government continued to maintain The police arrested approximately 400 that the procedures applied were satisfac­ people fo llowing disturbances on tory in guaranteeing the defendants' rights Broadwater Farm Estate which took place to a fa ir trial. The organization was also in 1985 in a highly charged political concerned about the use of uncorroborated atmosphere in north London. The de­ evidence provided by accomplices as the tainees, including juveniles, were routine­ sole basis of prosecution. ly denied access to lawyers and to their Some accused people were kept in cus­ fa milies. A wide range of detainees tody for several years while awaiting trial consistently alleged that the police used on charges based on evidence of succes­ oppressive interrogation methods, such as sive "supergrasses". Over half of the trials threats and intimidation, and fo rced them had more than 20 defendants, the largest to make admissions. involving 37 defendants. During some A 13-year-old boy, who had been de­ trials there had not been full disclosure of nied access to a lawyer and his fa mily, was inducements offered to the "supergrass" to interrogated for a total of 15 hours, most of obtain his testimony. that time permitted to wear only his under­ In 1987 Amnesty International submit­ wear. At his trial the judge ruled that the ted a detailed memorandum to the govern­ police had, without reasonable cause, re­ ment outlining its concerns about the fa ir­ fused him access to a lawyer and that ness of the trials and proposing a number "unjust and unreasonable burdens were of specific recommendations. The recom­ put on the child". The judge ruled his mendations included adopting a policy admission to the murder of a police officer against authorizing prosecutions based unreliable as it was obtained in oppressive solely on the uncorroborated evidence of a circumstances. "supergrass"; reviewing the number of de­ The incident which sparked off the fendants tried concurrently and the com­ disturbance was the heart attack and death plexity of such trials; and ensuring that the of a black woman during a police search of trials took place within a reasonable time. her home. The police had pushed her in Amnesty International continued to be gaining access to the home. A peaceful concerned about people arrested under protest against the police action later de­ anti-terrorist legislation in Northern Ire­ veloped into a riot during which a police land and who alleged that they had been officer was attacked by a group of youths ill-treated by the Royal Ulster Constabu­ and died from multiple stab wounds. lary (RUC) while in police custody. Brian Approximately 70 people were tried for Hunter and Thomas Maguire were arrested serious offences arising from the disturb­ in August and taken to Castlereagh Police ances. The prosecution based its evidence Centre. They claimed that immediately against 41 of them on statements they after arrest as well as during interrogation made while in police custody and 19 were they were subjected to ill-treatment in­ convicted on the basis of their own state­ cluding slapping, hitting, punching and ments. In some trials for serious offences, verbal threats. Thomas Maguire suffe red a the judges ruled the statements inadmiss­ perforated eardrum which required hos­ ible because they were obtained through pital treatment. They claimed that as a oppression or in other unacceptable cir­ result of ill-treatment they made state­ cumstances. At the end of 1987 most re­ ments of admission to serious offences for quests for appeal had been turned down at which they were subsequently charged. the first stage of the appeals procedure. : � In December Amnesty International Amnesty International wrote to the gov­ !i; sent an observer to the civil proceedings in ernment in November 1987 expressing which Paul Caruana sued the RUC for doubt about the fa irness of convictions on '"� '" alleged ill-treatment in police custody the basis of statements made in the absence -' c z during 1984 in Northern Ireland (see of a lawyer and allegedly obtained as a o Amnesty International Report 1985 and result of intimidation. The organization z� 1986). Paul Caruana's claim was unsuc­ urged a review of these cases and call�d for '" '" ... cessful as the judge stated that his injuries it to be made mandatory that police tell !: might have been self-inflicted and that the those arrested of their rights to access to a e police had behaved properly. Paul lawyer and to have someone outside the '" z Caruana said he would appeal against the place of detention informed of their arrest. lE c judge's decision. These rights are contained in the Codes of EUROPE / UNITED KINGDOM / YUGOSLAVIA

Practice issued under the Police and Cri­ oned after conviction for the pub bomb­ 223 minal Evidence Act 1984 but they do not ings. In April 1987 it urged the government have the fo rce of law. to reconsider its decision not to refer the The government replied in December cases of the fo ur people convicted fo r the that the treatment of the people in police bombings in Guildford and Woolwich to custody and allegations that they were the Court of Appeal. denied access to lawyers were being in­ Some criminal suspects were allegedly vestigated by the police under the super­ ill-treated while in police custody. vision of the separately administered Amnesty International asked the govern­ Police Complaints Authority. It said that ment to provide a fu ll and public account these investigations might affect the deci­ in the cases of Trevor Monerville and sion on whether there were grounds to Mohammed Hajiazim, both of whom re­ refer particular cases to the Court of quired hospital treatment fo llowing their Appeal. The government also said that it detention in different London police sta­ considered the Police and Criminal Evi­ tions. The organization also expr essed dence Act 1984 sufficientto protect people concern that for several days the police who were arrested. had refused to acknowledge the detention At the end of December Amnesty Inter­ of Trevor Monerville. national wrote again to the government, restating its concerns and emphasizing that knowledge of rights to legal advice is of vital importance to fa ir treatment of YUGOSLAVIA detained people and should be incorpor­ ated into the law. New evidence came to light during 1986 and 1987 in connection with the convictions of 10 people for pub bombings in Birmingham, Guildford and Woolwich in 1975 (see Amnesty International Report 1987). The bombings caused many deaths and serious injuries. In February 1987 the Home Secretary referred the cases of six people convicted of the bombings in Birm­ ingham to the Court of Appeal. The hear­ ing took place between 2 November and 9 December and judgment was reserved un­ til 1988. Amnesty International sent an observer to the appeal hearing of the six people convicted of the Birmingham bombings. The government stated in At least 200 prisoners of conscience were February that there was insufficient new held in Yugoslavia. of whom over 40 were evidence to reopenthe cases offour people convicted during 1987 of non-violent pol­ convicted of the bombings in Guildford itical offences under the federal and re­ and Woolwich. However, in August the publican criminal codes. Many more were Home Secretary ordered a police inves­ summarily jailed for up to 60 days for tigation into new evidence to establish minor political offences. The total num­ whether these cases should also be re­ ber of political prisoners was variously fe rred to the Court of Appeal. No decision reported in the Yugoslav press as 500and had been made by the end of the year. 800; other. unofficial. estimates were Amnesty International's concern in the higher. Many political prisoners were de­ bombing cases was that prisoners had been nied a fair trial. There were allegations convicted largely on the basis of confes­ that certain political detainees had been sions allegedly obtained through physical ill-treated during pre-trial proceedings. ill-treatment and intimidation, and on the Conditions in some prisons where prison­ findings of forensic tests cast into doubt by ers of conscience were held were harsh. new evidence. In December 1986 Amnesty At least three people were sentenced to International asked the government to re­ death and three others were executed, all view the cases ofthe 10 people still impris- for murder. EUROPE / YUGOSLAVIA

224 In recent years, the majority of people then accused under Article 133 of writing charged with political offences have been and distributing pamphlets and hostile ethnic Albanians from Kosovo province, slogans such as "Kosovo Republic". A where since 1981 there has been con­ graphologist reportedly told the court that tinuing nationalist unrest. During 1987 the texts had all been written by one tension increased in Kosovo province be­ person and that none of the defendants, tween the ethnic Albanian majority and with the possible exception of Musa Be­ the Serbian and Montenegrin minorities, qiraj, was that person. However, in May six who continued to complain of harassment of the 10 defendants were convicted: Xha­ and intimidation. In October federal vit and Musa Beqiraj were each sentenced police were sent into Kosovo to maintain to 18 months' imprisonment and four order. others received one-year sentences. According to officialreports from Koso­ In April Januz Salihi was sentenced to vo, in the first eight months of 1987 police six and a half years' imprisonment in reported 31 ethnic Albanians for political Gnjilane. He was convicted under Article crimes and 128 for minor political of­ 136, in connection with Article 114 ("en­ fences. On the basis of official statistics, dangering the social order"). He had been between 1981 and October 1987 at least arrested in Belgrade in December 1986 1,500 ethnic Albanians from Kosovo were after the Swiss authorities had refused his charged in regular courts with political application for political asylum and fo rc­ offences and a further 6,650 were con­ ibly returned him to Yugoslavia. At his victed of minor political offences under trial he was accused of having joined an summary procedures. In addition, in emigre organization called "Movement for September Yugoslavia's Defence Minister an Albanian Socialist Republic in Yugo­ announced that since 1981, 1,435 ethnic slavia" and of having propagated its goals Albanian soldiers had been discovered among Kosovo Albanians living abroad. plotting subversion and armed rebellion in Further, he was said to have visited Alban­ the army (such cases came under the juris­ ia in 1983 for two weeks. At his trial Januz diction of military courts, and were rarely Salihi retracted much of his previous testi­ reported in the press). Most defendants mony alleging that he had given it under were accused of activities in support of the torture, an allegation which the court demand for Kosovo to be given republic apparently did not investigate. He admitted status and to cease to be part of the Repub­ to having taken part in demonstrations in lic of Serbia, or for an Albanian republic to Kosovo in 1981, to visiting Albania and to be created within Yugoslavia, composed of having been, fortwo months, president of a Kosovo and other regions with large ethnic club for Kosovo Albanians living in Albanian communities, with a view to its Switzerland. eventual unification with Albania. Besides ethnic Albanians, other Yugo­ Political detainees were generally slav citizens were also convicted of "hostile charged under Article 133 of the federal propaganda". In March Miladin Nedic, a criminal code dealing with "hostile pro­ mining engineer, was sentenced to three paganda" or under Article 136 (and con­ and a half years' imprisonment in Tuzla for nected articles) concerning "association statements he allegedly made at two parties for hostile activity". One prisoner of con­ and in private conversations. He was said to science was Muharrem Kurti, an ethnic have expressed Serbian nationalist views

GO Albanian who went to Albania in 1981 and and criticized the government. He also GO � returned to Yugoslavia in 1987. In Septem­ allegedly stated that freedom ofexpression � ber a court in Pec jailed him fo r 18 months was restricted in his country. � for "hostile propaganda". He was found Two other prisoners of conscience, Fadil ... '" guilty of writing letters from Albania to his Fadilpasic and Ibrahim Avdic, both en­ ..... c z brother in which he praised the activity of gineers, were also convicted of "hostile o Albanian nationalists in Yugoslavia, "glor­ propaganda" in June in Sarajevo and sen­ � z ified" the Albanian nation and "insulted tenced to four and two years' imprisonment '" ...... the Yugoslav political system". respectively. They were alleged to have !: In April, 10 ethnic Albanians went on advocated in private conversations the crea­ � trial in Pec. Charges of belonging to an tion of an "ethnically pure Muslim repub­ ... z illegal nationalist organization (under :I lic" in Yugoslavia to be governed by Islamic c Article 136) were dropped, but they were law, and to have claimed that religious EUROPE I YUGOSLAVIA

freedom was restricted and that Muslims For example, Dobroslav Paraga was con­ 225 were discriminated against in Yugoslavia. A victed in April by a court in Zagreb which third defendant, Munib Zahiragic, an imam, refused to examine any of the defence was alleged to have advocated the use of evidence. He had been charged under Arti­ arms to achieve an Islamic state in Bosnia­ cle 197 of the Croatian Criminal Code, Hercegovina. He was sentenced to five dealing with "spreading fa lse informa­ years' imprisonment. Amnesty Inter­ tion". Two Slovenian journals had pub­ national sought fu rther details of the evi­ lished articles which described the harsh dence against him. conditions and ill-treatment he had ex­ There was renewed criticism in the press perienced while a prisoner of conscience and in public discussion of Article 133 of from 1980 to 1984 (see Amnesty Inter­ the federal criminal code, covering "hostile national Report 1981). The court refused propaganda". On 10 December, Internation­ to hear any defence evidence, including al Human Rights Day, participants at a testimony from his fellow-prisoners. meeting organized by the Belgrade Institute However, it accepted the evidence of a for Criminological and Sociological Re­ fellow-prisoner and officials about whom search called fo r its abolition on the grounds Dobroslav Paraga had complained, who that it punished the expression of opinion would have been liable to punishment if and violated the International Covenant on his allegations of ill-treatment had been Civil and Political Rights, ratified by Yugo­ accepted. He was sentenced to six months' slavia in 1971. imprisonment suspended for three years At least 10 prisoners of conscience were and a three-year ban on any fo rm of public serving sentences, mostly of three or three expression. This sentence was confirmed and a half years, for refusing on religious on appeal. grounds to do military service. Most were Some political detainees, mostly ethnic Jehovah's Witnesses, and several had Albanians, were alleged to have been ill­ already served a previous sentence for the treated during pre-trial detention. For exam­ same offence. Among those sentenced in ple, information was received during 1987 1987 were Oto Kukli, Benjamin Majcen and from an ethnic Albanian who was impris­ Joze Rakusa. In November the Constitution­ oned in the Military Prison at Ljubljana in al Court of Yugoslavia rejected an appeal by 1983. He alleged that state security police a group of Jehovah's Witnesses from Mari­ kicked and beat him and others with batons bor that the legislation providing for and fists on sensitive parts ofthe body such compulsory military service be declared as the kidneys, the soles of the feet and unconstitutional. stomach. Similar methods were reported to The available info rmation indicated that be usedby security policein Pec, whereone political prisoners were frequently denied prisoner of conscience died in detention in fa ir trials. In several cases public officials or suspicious circumstances in late 1986. Xhe­ the press described defendants as guilty mail Blakaj was arrested on 3 November before their trials had taken place. For 1986 and sentenced the following day to 60 example, before Miladin Nedic's trial he days' imprisonment after literature and was denounced in the press as a "proven tapes "with a nationalist content" were nationalist" by the local committee of the fo und at his home in Vrelle, Kosovo. He was League of Communists. He was subsequent­ said by the authorities to have committed ly convicted, largely on the basis of state­ suicide in Pec prison on 8 November 1986. ments made by witnesses during pre-trial His family were reportedly denied access to investigation proceedings which often dif­ him from the time of his arrest until 11 fered significantly from their testimony in November 1986 when they were instructed court. Defence attempts to find out what role to collect his body - which is alleged to have the police had played in the preparation of borne marks of torture - from a hospital in the pre-trial statements were repeatedly Pec. blocked by the court. Press reports of the In May and June the daily newspaper trial of Fadil Fadil pasic and his co­ Borba published a series of articles about defendants suggested that it suffered from political prisoners in Yugoslavia. In the similar flaws. absence of any official figures, it estimated In a number of cases the courts their number at about 500. Another news­ appeared reluctant or unwilling to hear, let paper, 8-Novosti, put the figure at 800 in alone take account of, defence evidence. February. The Borba articles, which were EUROPE / YUGOSLAVIA

226 based on visits to several prisons, were dismissive of complaints of harsh condi­ tions and ill-treatment made by fo rmer pol­ itical prisoners, including prisoners of con­ science. However, they did describe poor to bad conditions in Zenica, Lepoglava and Goli Dtok prisons. (In July it was announced that Goli Dtok prison would be closed at the end of 1988.) The articles criticized the use in Croatia and Serbia of the regime known as "strict observation", whereby prisoners can be summarily deprived of many of their rights. At least three people were sentenced to death, two for multiple murder and one for rape and murder. Three people were execu­ ted, all for multiple murder. During 1987 Amnesty International worked fo r the release or fa ir trial of more than 240 people, the majority of them pris­ oners of conscience, and raised with the authorities a number of allegations of ill­ treatment of prisoners. It also pressed for death sentences to be commuted. Amnesty International observers attended the trials of Miladin Nedic and Dobroslav Paraga. ln July the organization published a short report, Yugoslavia: Conditions of Imprisonment of Prisoners of Conscience. Amnesty Inter­ nl!tional received no response from the government to its appeals and inquiries. THE MID DLE EAST

AND NORTH AFRICA

,. lI: z '" '" � z .... '" '" z � o z ,...� '" '"

'"� ...... '" �------� :

MIDDLE EAST AND NORTH AFRICA / ALGERIA

month, approximately 200 individuals 229 who were sentenced in November 1986 to ALGERIA between two and eight years' imprison­ ment, reportedly for public order offences fo llowing demonstrations in Constantine and Setif, were freed (see Amnesty Inter­ national Report 1987). Abdel Hamid Sellaoui. a journalist and member of the unauthorized opposition movement, Mouvement pour la Democra­ tie en Algerie (MDA), Movement for Demo­ cracy in Algeria, was arrested upon arrival Nine prisoners of conscience were held at at Algiers airport. He had been deported the beginning ofthe year. All of them were from Sweden, where he had unsuccessful­ released by the end of 1987. More than 20 ly sought asylum. He was released after a people who may have been prisoners of week but was detained again fo r a short conscience were placed under town arrest period in April and interrogated by mili­ restrictions. More than 220 people were tary security agents about MDA activities. tried before the State Security Court in During his detention he may have been two separate cases and both trials were subjected to ill-treatment and torture. marked by serious deficiencies. There There were two major political trials was one death in custody in suspicious before the State Security Court in Medea. circumstances and there were reports of ]n the first, which concluded on 6 June, 22 torture and ill-treatment of prisoners. alleged members of the MDA were tried, Four people were known to have been including fo ur in absentia. The defendants sentenced to death and five executions were accused of conspiring and attempting were carried out. to overthrow the government. distributing The nine prisoners were among 22 pris­ subversive leaflets and violating the cur­ oners of conscience sentenced to prison rency regulations. Most of them had been terms of up to three years in 1985 by the arrested in 1985. The charges of conspiring State Security Court in Medea (see Amnes­ and attempting to overthrow the govern­ ty International Report 1987). The charges ment were dropped by the prosecution. included membership of two unauthor­ Ten of the defendants were acquitted. The ized organizations - the Ligue algerienne others were convicted on some charges. des droits de l'homme (LADH) , Algerian fined and imprisoned. Those who League of Human Rights, and the Associa­ appeared before the court received sen­ tion des fils des martyres, Sons of the tences of between two and five years' Martyrs. The nine were releaseddur ing the imprisonment and 10-year sentences were year after either completing their sentence imposed on those tried in absentia. Some or receiving a presidential pardon in April. of them were freed because oftim e already The president and vice-president of the spent in pre-trial detention. LADH, Maitre Ali Yahia Abdennour and The second trial involved 208 Islamic Ait-Larbi Mokrane, were arrested again in activists and concluded on 10 July. The December 1986 and restricted under town defendants faced several charges. includ­ arrest in southern Algeria. TwoLADH mem­ ing plotting to overthrow the government. bers arrested with them were also res­ murder. sabotage. armed robbery and tricted. More than 18 other people were membershi p ofarmed gangs. Some of those reportedly placed under town arrest res­ accused had been arrested in 1985 in trictions between November 1986 and connection with a number of violent inci­ March 1987. Among them were Abdelkar­ dents and clashes with security forces im Badjadja, an archivist; Ali Kechide, a resulting in a number of deaths. Fifteen lawyer; and Zertal Hachimi, deputy direc­ defendants were acquitted. fo ur were sen­ tor of a film theatre. The authorities gave tenced to death. five to life imprisonment no reasons for restricting these people, and the others to prison terms ranging from who ap peared to be prisoners of con­ 10 months to 20 years. science. Both trials fe ll short of international In late March all known town arrest standards. Many defendants had beenheld restrictions were lifted. The fo llowing incommunicado in pre-trial detention MIDDLE EAST AND NORTH AFRICA I ALGERIA I BAHRAIN

230 beyond the maximum period of eight days permitted by Algerian law. Most of these defendants alleged that they had been BAHRAIN tortured by police or military security agents. In both trials, confessions made by defendants during pre-trial custody and during examination by magistrates fo rmed the basis of the prosecution evidence. Their statements were reportedly ex­ tracted under torture or made when de­ tainees appeared without legal counsel before magistrates. The courts failed to investigate torture allegations adequately Over 100 political prisoners, including and the defendants had no right of appeal. some who may have been prisoners of One death in custody appeared to occur conscience. remained in prison at the end in SUSpICIOUS circumstances. Nabil of 1987 serving sentences imposed after Oumerzoug reportedly died on 28 July. He unfair trials. They included 14 people was arrested on 27 July and questioned sentenced in October to prison terms fo r about a theft. He was transferred to the allegedly supporting the banned Bahrain emergency unit of a hospital in Algiers National Liberation Front (BNLF). A num­ suffe ring from injuries which a subsequent ber of other arrests. apparently autopsy reportedly identified as a rup­ politically-motivated. were reported dur­ tured spleen and head wounds. However, ing the year. but most of those held were according to the authorities, his death was released aftershort periods. Some ofthem the result of suicide by hanging. The were allegedly tortured or ill-treated. authorities also stated that an investiga­ Three political prisoners who had been tion into his death had been carried out. detained without trial fo r between three No results ofthe investigation were known and seven years were released in May. by the end of the year. The three long-term detainees released Four people, all defendants in the Alger­ in May had been held under the Decree ian Islamic movement trial, were sentenced Law on State Security Measures intro­ to death, including one in absentia. At least duced in October 1974. This decree law five people were executed for murder and permits people to be detained without other criminal offences. charge or trial fo r renewable periods of up Algeria ratified the African Charter on to three years if the Minister ofthe Interior Human and People's Rights in March. considers them to be a threat to national Amnesty International intervened on a security. number of occasions with the authorities to The trial of 18 alleged BNLF members, urge the release of prisoners of conscience, which had begun in December 1986, con­ seek information about individual prisoners tinued until October 1987. Fourteen ofthe and people restricted under town arrest defendants were sentenced to prison orders, and to press for impartial investiga­ terms of three or five years. Another de­ tion into allegations of torture. The orga­ fe ndant received a one-year sentence and nization also called for death sentences to be was released because of the time he had commuted. Amnesty International obser­ already spent in custody. Three defen­

GO vers attended the two major political trials dants were acquitted. The trial took place GO � before the State Security Court and is con­ before the Civil Supreme Court of Appeal, � 1976 '" cerned about procedural irregularities and established in to try cases relating to � allegations that some defendants had been national security. The court is not bound '" '" tortured in pre-trial detention. by the provisions of the 1966 Criminal ... c z Procedure Code: defendants may be con­ o victed solely on the basis of their confes­ z� sions, and they have no right of appeal to a '" � higher court. ! The defendants in the BNLF trial alleged � in court that they had been held incom­ '" z municado for several months after their :11 c arrest and forced to make confessions MIDDLE EAST AND NORTH AFRICA / BAHRAIN under torture. An examination by a for­ release. There were fu rther arrests in 231 ensic medical doctor found, in some November and December, and three young cases, scarring on the bodies of the ac­ men were charged with planning bomb cused which was consistent with the tim­ attacks on oil installations. The three, ing and type of torture alleged. The defen­ Nabil Baqer Ibrahim Baqer, Ahmed Hus­ dants had also been denied access to legal sein Mirza Abdulkhaliq and Khalid counsel until shortly before their trial Abdurrasoul Muhammad Amiri, were began. The defendants claimed that they held for approximately one month in in­ had been involved only in activities such communicado detention before making as producing and distributing leaflets their confessions before an investigating calling for parliamentary elections, and judge. for trade union rights and civil liberties. An Amnesty International mission vis­ However, the articles of the Bahrain Penal ited Bahrain in April fo r discussions with Code under which they were charged refer the government. The delegates met the to the use of violence. Because no copy of Interior and Foreign Affa irs Ministers, the the court's judgment was made available Minister of Justice and Islamic Affairs and to Amnesty International. it was not other officials to discuss Amnesty Inter­ possible to be certain that the 14 were not national's concerns about detention with­ convicted in part for advocacy of vio­ out trial, unfair trials and reports of torture lence. However, no evidence of any of the and ill-treatment. Amnesty International defendants either using or advocating vio­ observers attended sessions of the trial of lence came to the attention of Amnesty 18 alleged BNLF members in April and International in the course of its inquiries, June. A trial observer had been denied a and the 14 men may have been prisoners visa in February. of conscience. Following the April mission, Amnesty Many other political prisoners sen­ International made detailed recommenda­ tenced after unfair trials by the Civil Su­ tions to the government about measures preme Court of Appeal remained in prison needed to protect human rights. These in 1987. They included 18 people sen­ measures included a requirement that all tenced to prison terms of either five or political detainees be given prompt and seven years in connection with the Islamic regular access to lawyers, relatives and Enlightenment Society trial in 1984 (see adequate medical treatment; a review of Amnesty International Report 1986 and the Civil Supreme Court of Appeal pro­ 1987); Sheikh Nasir Al Haddad, sentenced cedures to bring them into line with inter­ for membership of an illegal organization national standards fo r fa ir trial; and in 1981; and five men sentenced to prison amendment of the Decree Law on State terms in 1986 after being convicted of Security Measures to provide more fre­ membership of the BNLF (see Amnesty quent judicial review to guard against International Report 1987). arbitrary detention. In addition, Amnesty Also still in prison were more than 70 International urged the government to people, some of whom were serving long establish independent investigations into prison terms, sentenced in connection six deaths in custody between 1980 and with an alleged coup attempt in 1981. 1986, allegedly as a result of torture, and According to reports, they were held in into other allegations of torture. Practical harsh conditions. Some ofthe 73 prisoners measures were also suggested which, if convicted in the case have reportedly been implemented, would strengthen safe­ denied fa mily visits for years. guards against the torture or ill-treatment Reports of torture and ill-treatment of detainees, and improve procedures for continued during 1987, and basic safe­ the prompt and impartial investigation of guards against such treatment were lack­ allegations of torture or ill-treatment. ing. Most allegations referred to beatings of Amnesty International also urged the suspected political opponents during in­ government to ratify major international terrogation. Other reports concerned pris­ human rights agreements, such as the In­ oners beaten after sentencing. A number of ternational Covenant on Civil and Political people were reportedly arrested after pol­ Rights, its Optional Protocol and the Con­ itical slogans had been shouted at Shi'a vention against Torture and Other Cruel, .. religious fe stivals. They were allegedly Inhuman or Degrading Treatment or '" .. beaten during interrogation before their Punishment. .. MIDDLE EAST AND NORTH AFRICA I EGYPT

232 relating their experiences during deten­ tion at a press conference. EGYPT State of emergency legislation, which provides for administrative detention, has led to the holding of prisoners of con­ science. Some individuals have been arrested repeatedly and have spent a total of many months or even years in prison without conviction for any offence. Others arrested under emergency leg­ islation included trade unionists detained in September fo r allegedly distributing leaflets stating opposition to the six-year Several thousand suspected opponents of extension of President Hosni Mubarak's the government, many of whom may have term of office proposed in a referendum been prisoners of conscience, were de­ held on 5 October. They were released tained for weeks or months without after the referendum without charge or charge or trial under state of emergency trial. Hundreds of people were also de­ legislation which remained in force tained throughout the country before elec­ throughout 1987. There were reports of tions to the People's Assembly in April. the torture and ill-treatment of prisoners, They included six young supporters of the particularly from members of the National Progressive Unionist Party who Gama'at Islamiya (Islamic Groups). At were detained in Cairo in March fo r pro­ least four people were sentenced to death ducing and distributing publications criti­ and eight other people executed. cal of the government. These detainees The majority of those detained under were also released without charge after the state of emergency legislation were short periods in detention. suspected supporters of the Gama'at Isla­ While most detainees held under miya. Apart from a 17-month period in emergency legislation were released with­ 1980 and 1981, this legislation has been in out charge, charges were brought against fo rce almost continuously since 1967. In several groups of prisoners. These prison­ May thousands of alleged supporters ofthe ers included 33 alleged members of a Gama'at Islamiya were detained following splinter group from the banned AI Jihad the attempted assassinations of Major (Holy War) organization, who were General Hassan Abu Basha, fo rmer Minis­ charged with the attempted assassinations ter of the Interior, and Makram Muham­ referred to above. The prosecution has mad Ahmed, a magazine editor. They in­ called fo r 15 of the defendants to be sen­ cluded journalists, such as Dr Muhammad tenced to death. Mouru, and lawyers, such as Youssef Saqr Charges brought against a group of indi­ and Muntasser Al Zayyat, who had de­ viduals arrested during May and June in­ fe nded detained supporters ofthe Gama'at cluded fo rming an unauthorized organiza­ Islamiya. Some detainees were held for tion. Further arrests occurred in Septem­ days or weeks, others for several months. ber when about 20 alleged members of Further large-scale detentions fo llowed an Munazamat Thawrat Misr (Egypt Revolu­ assassination attempt in August on tion Organization) were detained. This another fo rmer Minister of the Interior. group was said to be responsible for killing Major General Nabawi Ismail. two Israeli Embassy officials in August Among those detained in May were 1985 and March 1986 and an attempt to Magdi Gharib. Muhammad Al Buheiri and kill two staff members of the United States Farouq 'Ashour, who were charged with Embassy in May 1987. The state security attempted murder of the fo rmer Interior prosecution imposed a ban on media re­ Minister. The three men, released uncon­ porting of both groups' cases. ditionally after approximately seven In February nine prisoners of con­ months in detention, claimed that they science who had been held since May 1986 had been tortured in attempts to force were released after the Court of Cassation confessions. All three were arrested again annulled the sentences imposed in the on 22 December and held for some 48 Egyptian Communist Party case (see hours, apparently to prevent them from Amnesty International Report 1987). The MIDDLE EAST AND NORTH AFRICA / EGYPT

court ordered the retrial ofthose sentenced most cases, torture was reportedly in­ 233 to prison terms, but no date for this trial fl icted to obtain confessions. Many reports had been set by the end of the year. cited torture during the period fo llowing In April, 37 railway workers and trade the assassination attempt on Major Gener­ unionists were acquitted by the (Emergen­ al Hassan Abu Basha. Those tortured in­ cy) Supreme State Security Court of all cluded the journalist Or Muhammad charges connected to a rail strike in July Mouru, who was allegedly subjected to 1986. The judgment recommended that electric shocks, beaten with sticks and the right to strike provided in the Interna­ suspended by his wrists which were tional Covenant on Economic, Social and bound behind his back. He was stripped to Cultural Rights, to which Egypt is a State his underclothes and blindfold throughout Party, should be incorporated into Egyp­ his interrogation. Others arrested during tian law. This judgment was reviewed by 1987 reported that electric shocks were President Mubarak, in accordance with administered by wires or a baton; state of emergency legislation, who cigarettes were extinguished on their ordered a retrial. The 37 defendants re­ bodies and they were suspended by the mained at liberty, and no date fo r the new wrists, ankles or knees in the "parrot's trial had been set by the end of 1987. perch" position and beaten on the back Prosecution and, in some cases, impris­ and the soles of the feet. Some detainees, onment on the grounds of religious belief such as Magdi Gharib and Mahmoud continued during the year. In May 48 Mehelhil, were allegedly struck severely followers of the Baha'i fa ith were con­ and repeatedly on the head while blind­ victed, 34 of them in absentia, under De­ fo ld. Many months after the alleged tor­ cree Law 263 of 1960, which ordered the ture, their scalps remained scarred and dissolution of Baha'i assemblies. Two de­ without new hair growth. fe ndants who had recanted their fa ith were In addition to physical torture, many acquitted, but the 14 who appeared before former prisoners complained that they had the court were sentenced to three-year been subjected to psychological torture in prison terms. Those convicted remained at the fo rm of threats to arrest or rape rela­ liberty pending the announcement of the tives or forced exposure to the shouts and outcome of an appeal. cries of others undergoing torture. In some Other cases of imprisonment for reli­ cases, medical reports substantiated de­ gious beliefs included those of 13 prison­ tainees' allegations. Such reports were ers detained in Alexandria fo r involve­ based on the examination of detainees by ment in an unorthodox religious sect. They doctors in the office of forensic medicine were acquitted in March of charges attached to the Ministry of Justice. brought under Article 98 ofthe penal code, In November the Minister of the Interior which renders punishable the fo rmation of stated in the People's Assembly that his organizations seeking to undermine the Ministry considered torture unacceptable fu ndamental principles of the state and to in all circumstances. He claimed that over incite contempt or hatred of the state. 80 per cent of all torture allegations were Yohanna Beshoy, a member of the Coptic fabricated but did not comment on specific Orthodox Church who converted from allegations of torture made during the Islam in 1968, was arrested in February parliamentary debate. after a clash between Muslims and Christ­ The trial of more than 40 police and ians near a Coptic Orthodox Church. He security officers accused of torturing � K was detained, possibly because of his reli­ alleged members of the Jihad organization z ,., gious beliefs, in Mazra'at Tora Prison for between 1981 and 1983 continued during � nine months before his release without the year (see Amnesty International Re­ lE 1987). -< charge. port ,., '" There were many allegations of the There were at least eight executions in z 1987; torture and ill-treatment of detainees, par­ six of those executed were convicted o� ticularly in parts of the Tora Prison com­ of murder and two of abduction and rape. z � plex, including the Tora Reception Prison, At least fo ur other people were sentenced '" ,., the centre for combatting terrorism and the to death, all for murder. Amnesty Inter­ � police training institute. Torture at the national appealed fo r the commutation of � Lazoghli and Doqqi State Security Intelli­ these sentences, as well as death sentences :D.. gence centres in Cairo was also alleged. In passed in previous years on about 20 con- .. MIDDLE EAST AND NORTH AFRICA I EGYPT IIRAN

234 victed drug-traffickers. Amnesty International also expressed concern to the government on a number of IRAN o casions about widespread detention without trial under state of emergency procedures. The organization called fo r all prisoners of conscience to be freed and for other detainees to be promptly and fa irly tried or released. Amnesty International expressed concern that detainees held by order of the Ministry of the Interior were unable to challenge the legality of their administrative detention before a judicial Thousands of political prisoners, includ­ authority until 30 days after arrest. The ing prisoners of conscience, were re­ Interior Minister's widespread use of the ported to be detained without trial and power to veto court decisions to release suspected government opponents who detainees was also of concern. This veto were brought to trial continued to be may fo llow the first court's ru ling. denied legal representation and the right Although the decision of a second court to to appeal to a higher court. Torture of release a detainee is considered to be fi nal, political prisoners remained widespread the veto introduces an additional interven­ and thousands of people were subjected to tion ofthe executive in the judicial process lashings and other judicial punishments and delay in release. Amnesty Inter­ which constitute torture or cruel, inhu­ national urged the authorities to ensure man or degrading treatment. There were that detainees were permitted immediate at least 158 executions, although the true access to lawyers to safeguard against tor­ number was probably higher as execu­ ture and to allow lawyers adequate time to tions of political prisoners continued to prepare their defence. occur in secret. In addition, Amnesty International ex­ Ayatollah Montazeri, Ayatollah pressed concern that safeguards against Khomeini's designated successor, and Ho­ torture, particularly for those detained jatoleslam lIashemi Rafsanjani, the Speak­ under state of emergency legislation, were er of the Iranian Parliament, made state­ inadequate. ments during 1987 recognizing the import­ In November Amnesty International ance of human rights. In June Ayatollah sought clarification fro m the government Montazeri urged military court officers to of reports that powers of detention under "be satisfied with the minimum number of the state of emergency were to be in­ arrests possible" and called for offenders creased. The organization urged the gov­ to be prosecuted and brought to trial ernment to bring state of emergency and promptly. Later the same month, while other legislation into conformity with in­ addressing the Supreme Judicial Council, ternational human rights agreements to the highest judicial authority in Iran, he which Egypt is a party. said that the state judicial apparatus The government did not respond to any should safeguard people's rights, and criti­ of Amnesty International's written in­ cized the continued detention of people quiries but agreed in December to discuss after their sentences had expired. He the human rights situation with an Amnes­ added, "if we can make our country a ty International mission. These discus­ judicial example to other nations, our re­ sions began in late December. volution will be imitated". Hojatoleslam Hashemi Rafsanjani was reported in Au­ gust to have acknowledged the excesses of the early years of the revolution and to have expressed support for international human rights standards. Despite these positive developments, many alleged opponents of the govern­ ment arrested in previous years continued to be detained without trial throughout 1987 or to serve sentences imposed after MIDDLE EAST AND NORTH AFRICA I IRAN unfa ir trials. Some political prisoners were have been considerably higher. Most ex­ 235 released under amnesties, reportedly on ecutions reported in the official press were condition that they repented and under­ of people convicted of murder or took to take no further part in political drug offences. In September Ayatollah activity. However, many other suspected Khomeini was reported to have instructed government opponents were arrested. In the Su preme Judicial Council to take ac­ March the Deputy Minister of Info rmation tion against drug-traffickers: this may have announced the arrest of some 700 members contributed to an increase in reported and supporters of the People's Feda'i executions in the fo llowing weeks. In at Organization. During 1987 many sus­ least eight cases, victims were flogged pected supporters of the People's Mojahe­ before they were hanged. ne person was dine Organization and other opposition also reported to have been stoned to death political organizations were also detained. and three to have jumped to their deaths Some had been involved in armed opposi­ from a cliff after having been made to tion to the government, but others were choose one from among thre methods of b lieved to be prisoners of cons ience. execution. Many were still held at the end (If 1987. A number of people were executed on Some were not r leased despite having account of their political or religious views served their prison sentences. or activities. In tober the Supreme Judi­ Political prisoners were reported to cial Council was reported to have have gone on hunger-strikes in Evin and approved death sentences imposed on Gohardasht prisons in protest against the seven alleged members of "atheistic and continued d tention of prisoners after the hypocritical mini-groups" by Islamic expiry of their sentences, the alleged in­ Courts in west Azerbaijan, Isfahan and crease in the numb r of secret executions, lIam. Another six alleged members of and the persistent torture and ill-treatment "counter-revolutionary mini-groups" had of detainees. Similar protest strik s ore their death sentences approved in Novem­ reported to have taken place in Qasr and ber. Four adherents of the Baha 'i fa ith were Qezel ) lesar prisons. reported to hav been ex cuted, two in Tort ure of prisoners was reported to be September and two in March, apparently widespread and many political prisoners because of their religious beliefs. A further held in Evin Prison were said to have been 17 Baha'is were said to be at risk of execu­ beaten. Many were reported to have been tion in November. How ver, five of these beaten on the soles of their feet. Former wer reportedly releas d on bail in Decem­ prisoners who left Iran in 1987 provided ber. The fa te of the other 12 was unknown detailed t stimoni s of torture: some were at the end of the year. Thr alleged sup­ subsequently examined by doctors who porters of a Kurdish opposition organiza­ fo und injuries consistent with their allega­ tion were also said to have b en executed tions. In one such case, there was medical at Orumieh, after they had b en fo rcibly evidence corroborating a former prisoner's repatriated fro m Turkey in November allegation that torturers using an ele tric 1986. drill had pierced her ankle and big toe. Scores of political detainees were Thousands of people were also sub­ alleged to have been executed in secret. jected to judicial punishments which con­ Among them was a group of 40 allegedly stituted torture or cruel, inhuman or de­ executed in Evin Prison fo r leading or grading treatment for criminal offe n es. In taking part in prisoners' hunger-strikes. ,.. I: March an official stated that 4,467 corporal There were also allegations that Iranian z punishments were carried out in the Iran­ government personnel, or individuals ian calendar year 1365 (March 1986 to acting on the instructions of the govern­ § Z March 1987) in the Tehran district alone. ment, had been involved in attacks on ;;l .. Most of these punishments were lashings, Iranians abroad. Iranian exiles w r killed z but some vi tims had their fingers ampu­ during 1987 in Austria, the United King­ ; o tated as a punishment for theft. Similar dom, Pakistan and elsewhere. z punishm nts were carried out in all parts Prisoners sentenc d to d ath by th � of the country. courts had no right to appeal to a higher At least 158 people were executed dur­ court as required by th International ing 1987, but as some executions were Covenant on Civil and Political Rights, to carried out secret ly the true number may which Iran is a party. Instead, such death MIDDLE EAST AND NORTH AFRICA I IRAN I IRAQ

236 sentences are considered by the Supreme national appealedfor death sentences to be Judicial Council, a body composed of commuted and referred such cases on a senior clerics with an expertise in Islamic number of occasions to the UN Special jurisprudence. The Supreme Judicial Coun­ Rapporteur on summary or arbitrary cil may exercise the authority to confirm executions. death sentences or to refer them back to the courts fo r review. Amnesty International continued in 1987 to draw international attention to IRAQ human rights violations in Iran, and to press the Iranian authorities to take action to safeguard prisoners from abuse and ensure protection of human rights. The organization intervened repeat edly with the authorities to urge the release of pris­ oners of conscience, fa ir trials within a reasonable time for all political prisoners, and an end to torture and the death penal­ ty. The government fa iled to provide any substantial response, however, and con­ Thousands of political prisoners, includ­ tinued only to assert that there were no ing prisoners of conscience, continued to political prisoners or torture in Iran. While be arbitrarily arrested and detained. welcoming prisoner amnesties announced Many were held for long periods without in the Iranian press, Amnesty Inter­ trial or fo llowing summary trials. The national sought assurances from the gov­ routine use of torture by the security ernment that these amnesties were not forces continued to be widely reported, as conditional on prisoners being fo rced to was the "disappearance" of large num­ repent. The organization also urged the bersof people, many of whom were feared government to condemn attacks on Iranian executed. Hundreds of executions were nationals abroad and sought assurances reported, the majority being extrajudicial that the government would never be in­ executions. Among the victims were chil­ volved in extrajudicial executions. No re­ dren and relatives of suspected govern­ sponse on these points was received. ment opponents being sought by the In February Amnesty International authorities. brought its concerns to the attention of the An amnesty was declared at the end of United Nations Commission on Human November for Iraqis living abroad who had Rights, which renewed its appointment of been convicted or suspected of political or a Special Representative to investigate hu­ criminal offences, including those sen­ man rights in Iran. However, he was de­ tenced to death. It did not extend to gov­ nied access to the country throughout ernment opponents in Iraq. It was not 1987. In October he stated that the "Iranian known whether anyone took advantage of government has denied all the allegations the amnesty. without specifically referring to any of Among the thousands of political pris­ them." oners were suspected critics of the govern­ In May Amnesty International pub­ ment and members of various prohibited lished Iron: Violations of Human Rights political parties, including ol-Do'wo 01 and launched a major international cam­ lslomiyyo, Islamic Call; the Iraqi Com­ paign against human rights violations in munist Party (Iep); the Kurdistan Democra­ Iran. Amnesty International called par­ tic Party (KDP); the Patriotic Union of ticularly fo r the release of all prisoners of Kurdistan (PUK); the Kurdistan Socialist conscience, for the introduction of pro­ Party - Iraq (KSP - I); and the Kurdistan cedures guaranteeing fair trials in all Popular Democratic Party (KPDP). Others political cases and for effective safeguards were army deserters and draft resisters against torture, including impartial inves­ refusing to fight in the war against Iran. A tigation of all torture allegations and the number of relatives of such people were abolition of judicial punishments which also imprisoned as hostages, in lieu of constitute torture or cruel, inhuman or suspects being sought by the authorities. degrading treatment. Amnesty Inter- Among them were two Kurdish children, MIDDLE EAST AND NORTH AFRICA / IRAQ

Jum'a and Lami 'Abd al-Baqi Taha, aged 13 civilians arrested as hostages. Most were 237 and 14, who had been detained with their executed without trial or after summary mother in 1985, apparently because of the and secret trials or, in some cases, after activities of one of their relatives in the reportedly having been sentenced to Kurdish opposition. Many of the prisoners periods of imprisonment. were held without trial. Others were given Five officials who had been sentenced summary trials by permanent or temporary to death by Revolutionary Court in Decem­ special courts which fe ll short of inter­ ber 1986 had their sentences ratified by national standards fo r a fa ir trial. presidential decree in February. They in­ The routine torture and ill-treatment of cluded the former mayor of Baghdad, 'Abd prisoners continued to be widely reported. al-Wahab Muhammad Latifal-Mufti.They The victims included political prisoners had been convicted of accepting bribes who were tortured to force them to sign from foreign companies operating in Iraq. "confessions" or to renounce their politi­ It was not known whether the sentences cal affiliations. Some political prisoners were carried out. were reported to have been tortured short­ Members of the Shi'a opposition were ly before being executed: fo r example, the among those reported executed. Two bodies of 29 youths reported to have been theology students from al-Najaf - Sayyid executed without trial in early January Muhsin Sayyid 'Abbas al-Milani and were returned to their fa milies bearing Sayyid Hussain Sayyid 'Abbas al-Milani - marks oftorture. They had been among 300 were reported to have been executed on 9 Kurdish children and young people January. Another student, Faiz Haidar 'AIi arrested in Sulaimaniya in 1985. Some Taki al-Haidari, was also reportedly ex­ were said to have had their eyes gouged ecuted in early 1987 on charges of sab­ out. One fo rmer detainee released in late otage. A theology teacher, Mahmud al­ 1985 from Fudailiyya Security Headquar­ Dawalibi, was reported to have been ex­ ters, where some ofthe youths are believed ecuted with three other detainees in Abu to have been held, said that a number of Ghraib prison on 28 May. them had been beaten, whipped, sexually Members ofthe Kurdish opposition and abused and tortured with electric shocks. their relatives were also reported to have Three were said to have been transferred to been executed, including 29 youths aged a military hospital and one to have died in between 17 and 23 whose bodies were his cell as a result of torture. The fate and returned to their families in January (see whereabouts of over 250 children and Amnesty International Report 1987 and young people from this group remained above). Two KDP members were publicly unknown fo llowing their "disappearance" executed in Sersenk barracks on 19 Au­ in detention. Some may have been among gust, and another was executed by firing­ over 150 detainees reported to have been squad in Kirkuk prison in September. executed in Abu Ghraib prison at the end None had apparently been tried. of December. As many as 360 people were reported to Information was received during the have been executed in separate incidents year about the "disappearance" of 178 in November and December. Most of the people arrested in Iraq between 1980 and 116 known victims were Kurdish political 1985. The majority belonged to the Shi'a prisoners from the provinces of Sulaima­ community and they included individuals niya, Arbil, Kirkuk, Duhok and Zakho. whose fa milies had been deported by the Among them were 17 children aged be­ authorities to Iran because they were said tween 14 and 17. In one incident on 11 to be of Iranian descent. November, between 100 and 150 Kurds As in previous years, hundreds of peo­ were reported to have been summarily ple were reported to have been executed executed by government forces after during 1987, but it was not possible to house-to-house searches. Their village, Ji­ ascertain the precise number. Both judi­ man, in Kirkuk province, was bombarded cial and extrajudicial executions were re­ by the army after its inhabitants had re­ ported and most were carried out for pol­ turned, having earlier been fo rcibly itical reasons. Those executed were said to evicted. Between 14 and 18 November, 32 have included members of banned politi­ Kurds from Shaqlawa, in Arbil province, cal parties, other suspected government were reportedto have been executed with­ opponents, army deserters, students and out charge or trial. They had been arrested MIDDLE EAST AND NORTH AFRICA / IRAQ

238 in October after Pesh Merga fo rces (armed Refugees. An inquiry into their deaths was Kurdish units) had killed eight Iraqi offi­ instituted by the Pakistani authorities, cials, including Shaqlawa's mayor. The amid allegations that the two men were fate of 30 other Kurds arrested in connec­ killed by agents working fo r the Iraqi tion with the same incident was not Government. Its outcome was not known. known. On 13 November a KPDP member An Iraqi diplomat was reported to have was executed in Abu Ghraib prison. An gone into hiding in Karachi after being assistant veterinary surgeon, 'Abd al-' Aziz sought by police in connection with the 'Abdallah Othman, had been detained killings. since 1986. During 1987 Amnesty International in­ Thirty-one Kurds, said to be KDP sym­ tervened with the government on a num­ pathizers, were reportedly executed after ber of occasions, appealing fo r the com­ summary military trials in Fa'ideh garri­ mutation of death sentences and express­ son on 18 November and 10 December, ing concern at reports of judicial and and in Mosul training camp on 28 Decem­ extrajudicial executions. It expressed con­ ber. In the last two days of December, cern at allegations that some of the victims more than 150 prisoners were reported to had been tortured before being executed. It have been executed by firing-squad in also called for the release of children and Abu Ghraib prison. They included Arabs, youths held because of the political activ­ Kurds and Turcomans, some of whom ities of their parents or relatives. In were sentenced prisoners. Among them September and December, the authorities were eight children aged between 14 and commented on the information on human 17. Forty-six were from Sulaimaniya and rights violations in Iraq contained in at least 30 from Duhok. Amnesty International Report 1986 and At least 40 Kurdish opponents of the 1987. The authorities said the 1986 report government were reported to have been "consists basically [of] a summary of pre­ poisoned in separate incidents by the vious allegations [tol which the Iraqi security fo rces in late 1987. The poison authorities have replied". Referring to ex­ used was thallium, a heavy metal com­ ecutions described in the 1987 report, the monly used as rat poison. On 24 November authorities said these "would not only be a 10 Kurds aged between 14 and 60 were matter dealt with by the law of any coun­ said to have been poisoned in the town of try, but ...where the society of any coun­ Marga, in Sulaimaniya province. The try would be bound to defend itself the poison was said to have been put in a more strongly under certain conditions, yoghurt drink by a security fo rces agent such as when it is at war. One example is working at a PUK member's home. Three of that of deserters from the Iraqi armed the victims died within 10 hours of being forces". In January the authorities con­ poisoned. Three of the most seriously firmed the execution of seven people in affected of the survivors were flown to the 1986 for economic corruption (see Amnes­ United Kingdom via Tehran for emergency ty International Report 1987), stating that treatment in December. They were Musta­ they had been "sentenced by a special fa Qader Mahmoud and Sami Shorash, court where all legal guarantees were made both PUK members, and ' Adnan ai-Mufti, a available according to the procedures and KSP-I member. A consultant physician who regulations in force. A lawyer was treated them in London confirmed that appointed to defend them. They ... they were suffering from acute thallium pleaded guilty openly, the court found poisoning. their actions detrimental to the economic On 15 March the bodies of two Iraqi security of Iraq". In September the govern­ students were fo und in Karachi, Pakistan, ment also confirmed that seven Kurdish with their heads severed and their finger­ youths, about whom Amnesty Inter­ tips cut off. Ni'ma Hamdi Muhammad and national had inquired in January, had been Sami 'Abed Mahdi had reportedly been executed because they "committed suspected of involvement in the alleged criminal and subversive acts using arms assassination of an Iraqi diplomat in and explosives". It stated also that "being Karachi in September 1986. Both were said adults according to Iraqi laws, they were to be opponents of the Iraqi Government tried by a special court where all judicial and had been recognized as refugees by the and legal guarantees were fu lly respected, United Nations High Commissioner for including the right to have a court- MIDDLE EAST AND NORTH AFRICA 1IRAQ 1 ISRAEL - OCCU PI EO TERRITORI ES appointed lawyer to defend them". order to conceal its interrogation methods 239 Another youth was said to have been and to ensure that the accused were con­ "sentenced to life imprisonment due to his victed. It said the GSS had used harsh special case". Amnesty International had methods of interrogation on Palestinian expressed concern about these executions detainees. but argued that the use of lim­ in a speech before the UN Commission on ited and clearly defined psychological and Human Rights on 4 March. and had sub­ physical pressure during the interrogation mitted details on their cases to the UN of terrorist suspects was legitimate. It Special Rapporteur on summary or arbi­ proposed guidelines for the GSS to adopt trary executions. (though these were kept confidential). and said that supervision and control of the service by the government should be strengthened. ISRAELAND THE In December violent demonstrations against the Israeli occupation erupted OCCUPIED throughout the West Bank and Gaza. Dem­ onstrators. many of them children and TERRITORIES young people. threw stones and petrol bombs at Israeli soldiers who responded with fo rce. including the use of live ammunition. By the end of 1987. 23 Palestinians had been shot and killed. and up to 200 wounded. Soldiers were seen severely and often indiscriminately beat­ ing demonstrators. including women and children. with clubs and rifle butts. Many required hospital treatment for broken In December at least 23 Palestinian dem­ limbs. gunshot wounds or extensive bruis­ onstrators in the West Bank and Gaza ing. Soldiers also forcibly removed were shot and killed by soldiers during wounded Palestinians from hospital in widespread violent protests against the Gaza and beat them before taking them into Israeli occupation. There were also severe custody. By the end of 1987. well over and indiscriminate beatings of demon­ 1.200 Palestinians had been arrested and strators, and hundreds were summarily up to 300 brought before military courts. tried and imprisoned. There was an in­ summarily tried and sentenced to between crease in reports of ill-treatment and tor­ 20 days' and six months' imprisonment for ture of detainees by members ofthe Israeli participating in violent demonstrations. Defence Force (lDF) and the General Lawyers in the Occupied Territories de­ Security Service (Gss). Political activists, cided to boycott the quick trials. because. including prisoners of conscience, con­ they claimed. they were prevented by the tinued to be administratively detained or authorities from defending their clients restricted to towns or villages or impris­ properly and because of their clients' ill­ oned in violation of their right to freedom treatment in detention. The trials pro­ of expression. ceeded despite the boycott. In May the Israeli Cabinet ordered a During 1987. up to 360 political activ­ judicial commission of inquiry into the ists in Israel and the Occupied Territories interrogation methods of the GSS. This were administratively detained or re­ followed a Supreme Court ruling that the stricted to towns or villages. They in­ GSS had used illegal methods of interroga­ cluded Palestinian journalists. students. tion and committed perjury in the case of a trade unionists and members of women's former IDF member sentenced in 1971 to 18 and human rights organizations. as well as years' imprisonment for treason and fo rmer security prisoners released in the espionage. The commission. headed by 1985 prisoner exchange. For the first time fo rmer Supreme Court President Moshe since 1979. two Israeli Arabs were among Landau. published its fi ndings on 30 pcto­ those detained. Orders are mostly issued ber. It said that the GSS had committed for six months (a few for three months). but perjury in proceedings related to the are renewable. Thirty-five of those de­ admissibility of confessions since 1971 in tained had served a previous detention MIDDLE EAST AND NORTH AFRICA I ISRAEL - OCCUPIED TERRITORIES

240 order in the recent past and at least 24 of clear capability. He had been abducted those restricted had served three or more from Italy in September 1986 by Israeli consecutive periods of town arrest. security agents and forcibly returned to Among those administratively de­ Israel. His trial, which had not been com­ tained was prisoner of conscience Faisal pleted by the end of the year, was held Al Hussaini, director of the Arab Studies entirely in camera. Society in Jerusalem. He was served with a There was a marked increase in reports six-month detention order on 12 April. of torture and ill-treatment of Palestinian This was subsequently reduced to three detainees to extract information or confes­ months when, as required by law, his sions or to harass and intimidate them. detention order was reviewed by a judge. Detainees accused IDF personnel who car­ The authorities said he was detained be­ ry out arrests and administer the detention cause he was involved with AI-Fatah (a centres of Al Fara'a and Dhahiriya in the faction of the Palestine Liberation Orga­ West Bank, and "Ansar 2" in Gaza, and nization [PLO)), and had constituted a dan­ members of the GSS who conduct inter­ ger to public and state security by organiz­ rogations in the security wings of regular ing demonstrations and strikes. On 12 prisons and of detention centres. De­ September he was issued with another tainees were reported to have been beaten, six-month detention order, which was kicked and punched on arrest and while again upheld at the review hearing on being taken into custody. During inter­ similar grounds. rogation, detainees alleged they had been Scores of people in the Occupied Terri­ hooded; beaten all over the body, includ­ tories were arrested, and in some cases ing the head, genitals and soles ofthe feet; convicted, for membership of an illegal and subjected to prolonged exposure to organization, for possession or distri­ cold, sleep deprivation, threats, and solit­ bution of illegal or inciting literature or ary confinement fo r between two and 15 other political material, or fo r inciting days. Some alleged that they had been demonstrations. hung by a rope from the ceiling and swung There were also many short-term deten­ from wall to wall. Two detainees in Al tions in the Occupied Territories. Many of Fara'a alleged in December that they had those arrested were school children and been subjected to electric shocks. students who were held fo r up to 18 days Some official investigations were car­ and released uncharged. Most were re­ ried out fo llowing complaints of ill­ portedly interrogated fo r information treatment. For example, in November six about political activities in their local soldiers were convicted of ill-treating de­ community, or urged to cooperate with the tainees in "Ansar 2": the authorities also Israeli authorities. ordered an inquiry into interrogation In Israel at least three reservists fro m methods used in AI Fara'a. However, among those who refused to carry out army lawyers said that complaints of ill­ reserve duty in the Occupied Territories treatment were often ignored or not thor­ were imprisoned as prisoners of con­ oughly investigated by the authorities, and science for between seven and 28 days. that some lawyers and detainees were The trial began on 27 June of fo ur threatened after making complaints. Israelis charged under Article 4 (h) of the In January an Amnesty International Prevention of Terrorism Ordinance, which mission visited Israel and had discussions makes it an offence to have contact with an with the Ministers of Defence and Foreign official of a "terrorist" organization. They Affairs and with officials from the Israeli were part of a delegation which attended a Ministries of Justice and Defence. The conference in Romania in 1986 and met concerns raised included the use of admin­ officials ofthe PLO. If convicted, they face a istrative detention and restriction orders maximum sentence of three years. The which, Amnesty International argued, can trial was still in progress at the end of 1987. be abused to detain or restrict people for Mordechai Vanunu, a fo rmer techni­ their non-violent political activity, and cian at Israel's nuclear research centre, which cannot be effectively challenged was brought to trial in August on charges of since recipients of such orders are never treason and espionage. This related to his given the fu ll reasons for the order. disclosure to a British newspaper of con­ Although these orders are subject to con­ fidential information about Israel's nu- firmation and review at military court MIDDLE EAST AND NORTH AFRICA / ISRAEL - OCCUPIED TERRITORIES hearings (or district courts in the case of Orders applicable in the Occupied Terri­ 241 residents of East Jerusalem and Israel), tories which relate to incitement, public recipients are rou tinely denied access to order offences, and the importing and dis­ information, shown only to thejudge. The tribution of unlicensed publications; Arti­ Israeli authorities responded that these cles 85 and 88 of the Defence (Emergency) measures were only used against those Regulations of 1945, as applied in the who played a leadership role in one of the Occupied Territories, concerning the pos­ factions of the PLO (such as recruiting session of banned books or publications of others, distributing money or organizing an illegal organization; and the Law of unrest) and who were linked, albeit in­ Sedition, as applied in the Golan Heights. directly, with violent opposition to the During 1987 Amnesty International Israeli authorities. Amnesty Inter­ urged the authorities to investigate 11 national's conclusion, however, after look­ cases in which complaints of torture and ing carefully at many individual cases, is ill-treatment of prisoners had been submit­ that this link does not always exist. ted to the authorities between 1985 and During the year Amnesty International 1987. Amnesty International received a adopted as prisoners of conscience two reply on only one of these cases. administrative detai nees, five people In 1986 Amnesty International had under town arrest, and three army reserv­ written to the government about Adnan ists who refused on grounds of conscience Mansour Ghanem, who alleged being tor­ to serve in the West Bank. The cases of tured in Gaza prison by members of the ess eight administrative detainees and 19 in December 1985 (see Amnesty Inter­ others restricted, all possible prisoners of national Report 1987). In January the conscience, were investigated. Attorney General conceded that Adnan In June an Amnesty International obser­ Mansour Ghanem had been subjected to ver attended part of the trial of four people "an intensive and taxing interrogation", charged under Article 4 (h) of the Preven­ but that there was"no persuasive evidence tion of Terrorism Ordinance. that he was tortured ". The Attorney Gener­ In August an Amnesty International al stated that the prisoner had attacked one observer unsuccessfully sought entry to of the interrogators and had had to be the trial of Mordechai Vanunu. Amnesty subdued by fo rce and tear-gas. This ex­ International had expressed concern to the planation did not allay Amnesty Inter­ Attorney General in April that Mordechai national's concerns, particularly as to how Vanunu was charged with a capital of­ he came to have a head wound which was fence, and later received assurances that visible when he appeared in court. In the prosecution would not ask for the addition, the prison medical records were death penalty. However, the fa irness ofthe inadequate as a record of the prisoner's trial continued to be a concern in view of state of health and as documentation to the secrecy surrounding the case; the au­ support the authorities' contention that thorities' refusal to acknowledge publicly ill-treatment did not take place. These the defendant's detention in Israel for fo ur concerns were raised in April in a letter weeks; their persistent attempts to prevent from Amnesty International to the Attor­ disclosure, even in closed court, about the ney General, but there was no further manner of his arrest; his almost total isola­ response. tion in prison; and the refusal to allow any In July Amnesty International submit­ independent monitoring of the trial. ted info rmation about ill-treatment and In October Amnesty International sent torture to the Landau Commission. a memorandum to the Attorney General On 16 December Amnesty International concerning the legislation under which expressed its concern to the Minister of people could be imprisoned in violation of Defence at the killing of 13 demonstrators �.. their right to freedom of expression in in the Occupied Territories by IDF person­ z Israel and the Occupied Territories. The nel. It said that even in the face of stone � o legislation concerned included: Article throwing, the response appeared to go well z •,.. 4 (g) of the Prevention of Terrorism Ordi­ beyond what might be considered reason­ .. '" nance, applicable in Israel, which pro­ able force, and urged prompt and thorough � hibits public expressions of support fo r a investigation of the beatings and killings. � ... "terrorist" organization (such as waving Amnesty International also called for ur­ ID the Palestinian flag); various Military gent steps to be taken by the government to :: MIDDLE EAST AND NORTH AFRICA I ISRAEL - OCCUPIED TERRITORIES I JORDAN

242 ensure that all armed fo rces personnel by the code of criminal procedure and the were clearly instructed nol lo use un­ law on evidence. reasonable fo rce and told that fa ilure to Among the prisoners of conscience still observe such instructions would result in held at the end of the year was Mazen investigation and punishment. al-As'ad, a writer arrested in 1985 and During the mission to Israel in January, sentenced to three years' imprisonment on Amnesty International discussed with the charges of membership ofthe Organization Minister of Defence and other authorities of the Democratic Front in Jordan. Four its continuing concern about the incom­ students arrested in 1980 also remained municado detention without trial and prisoners of conscience, serving 10-year alleged torture and ill-treatment of de­ sentences for membership of the Palestin­ tainees held by the South Lebanon Army ian Communist Workers' Party. All five (SLA) in Khiam Prison in Lebanon, in view prisoners had been tried by the Martial ofthe IDF's presence in South Lebanon and Law Court and were held in al-Jafr Prison close relationship with the SLA. In these in the southern desert, where conditions discussions and subsequent correspond­ were said to be harsh. ence Amnesty International urged the Five other prisoners of conscience who Israeli authorities to use their influence to had been tried by the Martial Law Court persuade the leader of the SLA to allow the were released after the expiry of their International Committee of the Red Cross sentences. They included Jamil al-Nimri regular access to all prisoners in its cus­ and 'Amer Karadsha, both of whom served tody. (See Lebanon entry.) three-year sentences for membership of an illegal organization. Mahmud 'Uwaydah, considered to be a prominent member of the Islamic Liberation Party, was released in February 1987. He had been detained JORDAN without trial since 1982 and may have been a prisoner of conscience. Further politically-motivated arrests were carried out in 1987, mostly by the General Intelligence Department (GID). While some detainees were held without charge and released after a few weeks, others were still held without charge at the end of the year. Some of them were held incommunicado and in solitary confine­ ment for prolonged periods. Among those At least 10 prisoners of conscience, as still detained without charge in the GID well as over 100 people who may be headquarters and in al-Mahatta Central prisoners of conscience, were held during Prison in Amman were Mahmud Da'is, 1987. More than 60 of them were arrested who was arrested in August 1986 on suspi­ during the year. Some were detained cion of smuggling arms and explosives, without fo rmal charge; others were tried and ' Azmi al-Khawajah and Saleh Musleh, by the Martial Law Court in proceedings two prominent members of the Popular which failed to meet international stan­ Front for the Liberation of Palestine (PFLP) dards for fair trial. Torture continued to arrested in January and March 1987 be reported. The government considered respectively. � extending the death penalty to drug­ At least six people were convicted by related offences but new legislation was the Martial Law Court during the year, �'" '" not introduced before the end of the year. primarily on charges of membership of -' c z At least five people were sentenced to illegal organizations. They included Qays o death and one other was executed. 'Abd al-Hafez and 'Id al-Shaykh Qasim, z� Martial law, declared in 1967, re­ two young conscripts in the armed forces; '" '" mained in force. Existing emergency pro­ Or Sa'id Dhiyab, a physician, and Majed � visions continued to allow detention with­ al-Khawajah, an accountant, previously � out trial of suspected government oppo­ detained without trial for about two years. '"en Z nents and imprisonment after trial by the Each received a three-year prison sentence • C Martial Law Court, which was not bound after an unfair trial. As in previous years, MIDDLE EAST AND NORTH AFRICA I JORDAN I KUWAIT defendants tried before the Martial Law In December, a memorandum on torture 243 Court had no right of appeal and it and ill-treatment of detainees within the appeared that confessions allegedly ex­ GID headquarters in Amman was sent to the tracted under torture or ill-treatment were government. The organization urged that accepted as evidence. the use of the death penalty not be ex­ Torture, particularly in the GID head­ tended to drug-related offences and that all quarters in Amman, continued to be re­ death sentences be commuted. ported. The methods described included falaqa (beatings on the soles of the feet), farruj (suspension from a pole or pipe inserted under both knees, with the wrists KUWAIT bound to the ankles, accompanied by beat­ ings) and tamrin (forced standing on the toes, then leaning against a wall fo r pro­ longed periods supported only by the in­ dex fingers). In one case, four alleged members of the PFLP arrested in January were reportedly tortured in the GID head­ quarters before transferral to ordinary prisons. All ofthem had been tried or were awaiting trial by the Martial Law Court at the end of the year, and all were still Trials which may have fallen short of detained. international standards took place before Forms of torture or ill-treatment were the State Security Court and some of the also said to have been used in Zarqa defendants may have been prisoners of Military Prison. On 23 July security forces conscience. Allegations of torture in cus­ reportedly entered al-Mahatta Central tody continued to be received. An increas­ Prison in Amman and beat several prison­ ing number of death sentences were ers. The government stated that the prison passed although no executions were was searched by police after a prisoner was apparently carried out in 1987. stabbed by other inmates and that the At least 65 people were tried by the police did not beat anyone. State Security Court during the year.Eight Legislation introducing the death defendants were sentenced to death, in­ penalty for drug-related offences was dis­ cluding three tried in absentia; 22 received cussed by the Cabinet but was not intro­ prison sentences ranging from six months duced before the end of 1987. At least five to life imprisonment; and 35 were acquit­ people were sentenced to death, three in ted. The charges related mainly to acts of absentia, after a special military court political violence, including bomb attacks convicted them of selling land to Israelis in carried out between 1985 and 1987, and to the Israeli-occupied West Bank. Nayef al­ spreading ideas opposed to existing gov­ Bayed, a Palestinian, was executed by ernment policies, including distributing hanging on 29 January. He was convicted leaflets inciting violence. Four defendants of murdering a member of the Executive were convicted for clashing in January Committee of the Palestine Liberation with security forces. The security agents Organization in 1984. He had been tried by were apparently holding people in their the Martial Law Court and did not have the homes in order to force some of their right to appeal. relatives, accused of involvement in bomb Throughout the year Amnesty Inter­ attacks, to give themselves up. national brought its concerns to the atten­ As in previous years, all trials before tion of the Jordanian Government and the State Security Court were conducted in received several communications. The camera, except for the introduction of the government denied holding prisoners of case and reading of the verdict, and the conscience in Jordan and categorically secrecy prevented an independent assess­ denied both torture and the beatings re­ ment of the proceedings and of the evi­ ported to have taken place in al-Mahatta dence produced in court. Amnesty Inter­ Central Prison in July. Amnesty Inter­ national was unable to learn, for instance, national delegates visited Jordan in March whether leaflets presented as evidence in to investigate alleged human rights abuses. two cases did, infa ct, advocate violence or MIDDLE EAST AND NORTH AFRICA / KUWAIT / LEBANON

244 what evidence linked the leaflets to the six Amir (head of state). At least 10 other accused in these cases. Although all of the death sentences were passed by criminal defendants were legally represented, they courts in cases of murder and rape, but did not have the right to appeal against were later quashed by a higher tribunal or their conviction and sentence to a higher were still under judicial review at the end tribunal, contrary to international stan­ of the year. No executions were recorded dards for fair trial. The defendants may by Amnesty International. have been prisoners of conscience. Amnesty International continued to Torture and ill-treatment during inter­ seek information on prisoner cases and to rogation by the State Security Intelligence appeal fo r the commutation of all death Agency continued to be alleged. The vic­ sentences. In April an Amnesty Inter­ tims reportedly included prisoners held in national delegation visited Kuwait and Kuwait Central Prison awaiting trial or discussed with government officials its serving their sentences and people, mostly concerns over recent years. These in­ fo reigners, awaiting deportation in a spe­ cluded State Security Court trial proceed­ cial detention centre. Reported methods of ings, sometimes resulting in the imprison­ torture included beatings while blindfold, ment of people who may have been prison­ fa laqa (beatings on the soles of the feet), ers of conscience; allegations of torture electric shock, sexual assault, alternate and of death resulting from torture; and dousing with cold and hot water, threats of reported cases of deportation to countries death and threats against relatives. Some where deportees fe ared persecution. The victims were also allegedly threatened authorities promised to provide Amnesty with deportation to countries where they International with relevant information feared persecution. and in June the organization wrote to the Among those allegedly tortured were government requesting clarification of in­ 12 detainees arrested in January and tried dividual cases and making recommenda­ by the State Security Court on charges tions for human rights protection. Other relating to bomb attacks in June 1986 and communications relating to the organiza­ January 1987. They were said to have been tion's concerns were also sent to the gov­ tortured while undergoing interrogation in ernment. However, no substantive reply the custody of the State Security Intelli­ was received to any of Amnesty Inter­ gence Agency. Nine ofthem were allegedly national's communications. subjected to fu rther ill-treatment in Kuwait Central Prison after their convic­ tion in June. In addition, one detainee in Kuwait Central Prison is said to have been LEBANON sexually assaulted in his cell by two con­ victed prisoners, with the complicity of guards, before his trial and conviction in December on charges which included in­ citement to violence. Some detainees awaiting deportation, including non­ Kuwaitis (residents of Kuwait without citizen status), were said to have been subjected to falaqa. In September a criminal court con­ victed three members of the General De­ Hundreds of people, some of whom may partment of Criminal Investigations on have been prisoners of conscience, were charges of torturing a detainee accused of arrested and imprisoned by governmental theft. They received a suspended sentence fo rces and other armed militias. Most of three months' imprisonment, suspen­ prisoners were held incommunicado for sion from work for one year and a fine. long periods without judicial procedures Five prisoners and three defendants of any kind. The use oftorture by govern­ tried in absentia were sentenced to death ments and militias continued to be widely by the State Security Court. Their political reported. At least 15 people were sum­ trials were related to bomb attacks. They marily sentenced to death by tribunals, had no right of appeal to a higher tribunal and at least six of them were executed but their sentences were not ratified by the during the year. Scores of people were MIDDLE EAST AND NORTH AFRICA / LEBANON

victims of political killings by govern­ hostages, some of whom were tortured and 245 ments and militia forces. killed. Continued civil strife and the presence All fo ur main militias arrested and of several government and non­ detained suspected political opponents, governmental forces vying for territorial including members of rival militias or control made the gathering of accurate and communities and dissident members of detailed information on human rights their own organizations, as well as people violations difficult. However, it was clear accused of criminal offences such as theft that all parties involved in the conflict, or murder. People were often arbitrarily including governments and opposition arrested at roadblocks and checkpoints or groups alike, were responsible for abuses during night-time house searches. De­ of human rights. tainees were usually held incommunicado The Lebanese Government of National for prolonged periods with no fo rmal judi­ Unity was not in effective control of any cial process, although visits by relatives part of the country during 1987. Brigades and delegates of the International Commit­ within the Lebanese Army (LA), acting in tee of the Red Cross (ICRC) were allowed in concert with non-governmental militias, some cases. maintained some territorial control. Sy­ Amal, led by the Lebanese Justice rian forces were deployed in West Beirut Minister, arrested hundreds of Palestin­ from 21 February, fo llowing several weeks ians. Many of those arrested were sum­ of fighting there between rival militias, marily executed between October 1986 and the Syrian authorities continued to and February 1987 during a renewed out­ control territory around Tripoli and in the break of the "camps war". Amal blockaded Beka' Valley. (For details of Syrian human Palestinian refugee camps in the southern rights abuses in Lebanon, see entry on suburbs of Beirut and in south Lebanon to Syria.) Israeli Government forces also prevent Palestinian combatants from re­ maintained a military presence in the grouping. Those arrested near the camps, "security zone" in southern Lebanon. especially young men suspected of being Four major militias controlling terri­ combatants, were usually taken to Burj AI tory also committed human rights abuses. Murr in West Beirut. Many were placed in Amal, a mainly Shi'a militia, controlled the custody of Syrian forces in February parts ofthe southern suburbs of Beirut and and subsequently could not be located. areas in south Lebanon around Tyre and Amal reportedly released 625 other Sidon. The Progressive Socialist Party Palestinians from detention centres in (PSP), a Druze-based militia, controlled the Tyre and elsewhere in south Lebanon in Shuf mountains south of Beirut. The February during a lull in the "camps war". Lebanese Forces (LF), a mainly Christian Reports were received in early 1987 that militia, controlled East Beirut and the area Amal forces had killed a number of Pales­ north of Beirut. The South Lebanon Army tinian detainees in a prison near Tyre on 4 (SLA),also a mainly Christian militia, con­ and 23 December 1986. trolled an area some 80 kilometres by 20 Amal also allegedly carried out kilometres along the southern border with politically-motivated killings of Palestin­ the assistance of the Israeli Defence Force ian civilians. Some victims were reported (IDF) and the Israeli Intelligence Forces. to have been dragged from their homes and Amnesty International considered each shot dead. Others were seen alive fo r the of these fo ur militias to have certain gov­ last time when arrested and their bUl let­ :. I: ernmental attributes, such as effective ridden or mutilated corpses were fo und z ,., authority within the territories they con­ dumped in streets. Nabil Ahmad � trolled, and the means and responsibility Maaroufs corpse was fo und on 15 January, z ... to protect human rights. Other non­ the day after he was arrested by Amal ,., '" governmental groups were also active, par­ forces in Beirut. z :. ticularly in the southern suburbs of Beirut, During a period of sporadic fighting in ::! o in south Lebanon and in the Beka'a valley. July between Amal and Palestinians in z � Their territorial control, however, did not south Lebanon, Amal arrested some 50 to '" appear to be as effective as that of other 100 Palestinians and Lebanese during ,., � authorities. Nevertheless, some of them, house searches at night in Palestinian :!l � including Hizbollah and Islamic Jihad, refugee camps in Tyre. Most of those ID co were reported to be holdingprisoners and arrested were taken to a detention centre co MIDDLE EAST AND NORTH AfRICA / LEBANON

246 near the Jabel Amel Hospital in AI Bass According to reports, including first­ camp in Tyre. At least 42 of them were hand testimonies, ill-treatment and torture released at the end of July. Others re­ of detainees held by Amal, the LF and the mained in detention, although the precise SLA were widespread during the year. ]n reasons fo r their arrest were not known. some detention centres administered by Amal fo rces also reportedly arrested mem­ Amal and the SLA, torture routinely bers of rival groups, such as the Lebanese accompanied interrogation during lengthy Communist Party and the SLA, and Amal periods of incommunicado detention. No deserters. reports of the torture of detainees by the The LF continued to detain scores of PSP were received during 1987. The IGRG people, many of whom were suspected of was permitted access to some detainees supporting the former LF leader, Elie held by Amal, the LF and the PSP, but to no Hobeika, or members of rival groups or detainees held by the SLA. militias. The detainees were often held for Methods of torture reportedly used by several months in detention centres in Amal included beatings on the back, Qarantina, Beirut and Byblos and in Ado­ shoulders and soles of the feet with sticks nis barracks in Jounieh. Those held in­ and gun butts, sometimes while the victim cluded some 250 alleged supporters of Elie was suspended from a car tyre or winch; Hobeika, all of whom had been detained electric shocks or cigarette burns on sensi­ shortly after fighting in East Beirut be­ tive parts of the body; and mock execu­ tween rival factions of the LF during tions and verbal humiliation. A Lebanese September 1986. By the end of August man who was released in August after 1987, 21 of the 49 whose names were about 25 days' detention in Tyre alleged known had been released and five others that he had been beaten on his back and were known to be in detention. The where­ shoulders and that the fingernails of his abouts of other detainees were unknown. right hand had been pulled out. Kamal In November the LF announced that they Bawab, a Lebanese from Al Bass camp in had arrested 26 people, some of them LF Tyre, reportedly died under torture in July officials, suspected of plotting the assas­ at Amal's detention centre in Tyre. sination of LF leaders in East Beirut. No New evidence also emerged that the LF further information was available at the had tortured detainees in 1985 and 1986. end of the year on those arrested. The methods reported included beatings People were reportedly detained by the on the back and shoulders with sticks, PSP for security reasons during the year but electric shocks and burnings with their number and identities were not cigarettes. No detailed information was known. available about the torture or ill-treatment The SLA, sometimes operating in con­ of detainees held by the LF in 1987. junction with the IDF, continued to carry Former detainees from Houla village out arrests. Most of these detainees were who had been arrested by the SLA in July Lebanese Shi'a suspected of involvement 1986 alleged that they had been tortured in in attacks against the SLA and Israeli troops Khiam detention centre. They said after in south Lebanon. Among those arrested in their release in May 1987 that during 22 July were 75 villagers, including 18 days of interrogation about attacks on the women, from Houla in south Lebanon. At SLA and ]sraeli troops, they had been any one time, as many as 200 people were beaten and whipped with iron bars and ' .. reported to be held in the SLA S main electric cables and had suffe red electric .. � detention centre in Khiam. Most of them shock torture on the legs, genitals and ... fingertips. It was also reported that Hus­ Cl< were detained incommunicado for many o CL months, some for over a year, with no sain AIi Mahmud, from Houla, died under '" Cl< judicial procedures. A number of de­ torture in Khiam detention centre in July .... C Z tainees from Khiam were trans­ 1987. His body bore marks of torture when o ferred for fu rther interrogation to prisons returned to his fa mily. z� in Israel, where some were subsequently Several detailed affidavits from former Cl< '" tried and sentenced to imprisonment for detainees stated that the SLA inflicted iII­ ! either belonging to or supporting illegal treatment and torture and that ]sraeli per­ � organizations. In June 120 detainees were sonnel were sometimes present during '" z reportedly released from Khiam detention torture and directed interrogation. Israeli :E c centre. defence and fo reign ministry personnel MIDDLE EAST AND NORTH AFRICA / LEBANON / LIBYA

told Amnesty International on several occasions that they were not responsible for abuses in Khiam detention centre, be­ cause they consider the treatment of pris­ oners there to be the responsibility of the SLA command. A number of people were sentenced to death or executed by Amal, the SLA and the PSP. In April the leader of the PSP ratified death sentences imposed on nine people were believed to be held without charge. from the Shuf district who had been ac­ Some of them were said to have been cused of murder. It was not known imprisoned after unfair trials or to have whether the sentences had been carried remained in custody despite acquittal or out by the end of the year. In early May it expiry of their sentences. Many prisoners was reported that an SLA member had been were said to be held in secret detention executed by an SLA firing-squad after a centres and to be at risk of torture. court martial had found him guilty of Attacks on Libyan exiles took place again murder. Five people who had been ac­ during 1987. Muhammad Fehaima was cused of murder were summarily executed assassinated in Athens on 7 January and by an Amal firing-squad on 8 September in Yusuf Kherbish in Rome on 26 June. Both Tyre. men belonged to Libyan opposition groups. Amnesty International interceded Ezzedin Ghadamsi, former Libyan ambassa­ several times during the year on behalf of dor to Austria, survived a second attempt on victims of human rights violations. In May his life in Vienna on 20 May. It was not the organization urged the leadership of known whether those responsible for the Amal to investigate allegations that their attacks were acting on direct orders from the forces had committed extrajudicial execu­ Libyan authorities, but the killings and tions. In September Amnesty International attempted killings appeared consistent with expressed concern about five executions a pattern of attacks against opponents for carried out by Amal but received no re­ which the Libyan authorities have claimed sponse from Amal leaders. responsibility. In April Amnesty International asked The executions of nine Libyans, six by the leader of the LF for information on the hanging and three by firing-squad, were whereabouts and health of 49 detained televised in Libya on 17 February. Most of supporters of Elie Hobeika and called for the victims were said to belong to an opposi­ an investigation into alleged extrajudicial tion group called aJ-Jihad. The nine men killings by LF fo rces. The LF did not were reportedly sentenced to death by a respond. "revolutionary court" in Benghazi after con­ Amnesty International urged the PSP to viction on charges including the assassina­ commute death sentences and expressed tion of two Libyans and the attempted concern to the leader of the SLA and to the assassination of Soviet experts. In October Israeli Minister of Defence about reports of 1986 Basic People's Congresses nationwide torture in Khiam prison in south Lebanon. had called for the "physical liquidation" of Amnesty International received no re­ eight people, described as "enemies of sponse from the SLA. God", whose confessions were apparently televised (see Amnesty International Re­ > it port 1987). Six of them were among those z ,., executed in February. � In a speech reported by Tripoli television z .... LIBYA on 23 May, Libyan leader Colonel Mu'am­ ,., '" mar Gaddafi referred to executions as "very z useful lessons". On 22 November, while � is z The killing of Libyans abroad and the addressing a meeting of the General Peo­ > in in ... execution of prisoners libya, appar­ ple's Congress in Tripoli, Colonel Gaddafi '" ent implementation of the official "physi­ was quoted as having said, "Anyone in the ,., � cal liquidation" policy against political future who conspires against the people's � .... opponents, continued. Hundreds of prison­ authority we will execute in the square ID .. ers of conscience and political prisoners without any mercy or compassion. Let .. MIDDLE EAST AND NORTH AFRICA I LIBYA I MOROCCO AND WESTERN SAHARA

248 everyone hear and let the present tell the brothers of Or Muhammad Maqariaf, a for­ absent." Earlier in the speech, he reportedly mer Libyan official and leader of the opposi­ said in apparent reference to the executions tion National Front for the Salvation of in February, "Others execute someone or Libya, believed to remain in detention fo l­ run him over with a car or give him poison. lowing their arrest in 1982; and nine follow­ We do not do that. He whom we have ers of Shaykh Muhammad al-Bishti, a executed we have executed on preacher reported to have died as a result of television. " torture shortly after his arrest in 1980. Some Seventy-seven prisoners of conscience, 26 alleged members of al-Jihad, apparently arrested between 1973 and 1980, were said arrested in 1986 with some of those ex­ to be held throughout 1987, although their ecuted in February, were believed to be whereabouts could not be confirmed by detained in 1987. Many prisoners were Amnesty International. Most of them were reportedly held incommunicado in unoffi­ convicted of membership of political organ­ cial detention centres controlled by the izations and sentenced to death or life revolutionary committees, where they were imprisonment. They were tried, some of at risk of torture or ill-treatment. them more than once, before courts in In March Libya ratified the African Char­ which the proceedings fe ll short of basic ter on Human and People's Rights. standards for fair trial. These courts in­ Following the televised executions in cluded the People's Court and courts estab­ February, Amnesty International sought lished by revolutionary committees. clarification of the fa te of other people Some prisoners were reported to be held officially designated as "enemies of God", despite acquittal or afterthe expiry of their urging that no further executions take place. sentences. Most of them were arrested in As in previous years, Amnesty International 1973. They included alleged members of the urged Colonel Gaddafi to condemn and end Islamic Liberation Party, a Marxist organ­ the policy of "physical liquidation" of pol­ ization, and the Ba'th party. Students itical opponents. The organization con­ arrested in 1976 for opposing government tinued to appeal throughout the year for the interference in student affairs and writers release of the prisoners of conscience and and journalists arrested in 1978 and later sought clarification of political prisoners' convicted of fo rming a political organiza­ fates. No reply to any Amnesty International tion were also among the prisoners of communication was received from the conscience. Libyan authorities during 1987. Hundreds of other people were believed to be held on political grounds, some since 1969. They included people who may be prisoners of conscience, held solely for their MOROCCO AND political beliefs, ethnic origin or fa milial relationship to political opponents. More WESTERN SAHARA than 50 of them were reportedly tried in previous years fo r membership of illegal organizations. Among them were a group of Berbers reportedly arrested in April 1980, after they fo rmed an ethnic club called al-Baruni, and a group of Islamic activists said to have been arrested in September 1983. About 30 prisoners were believed to be held despite acquittal or the expiry of their sentences imposed fo r participating in Many people. prisoners of conscience and coup attempts in 1969 and 1970. possible prisoners of conscience. arrested Prisoners reportedly held without trial in previous years remained in prison included at least 10 people arrested fo llow­ throughout 1987. Some were serving sen­ ing an attack on Colonel Gaddafi's head­ tences imposed after trials which may not quarters in Bab al-'Aziziyah in May 1984; have been fa ir. There were new arrests of two brothers of 'Uma al-Mahayshi, a senior suspected government opponents. many officer believed to have been executed in of them students and some of whom were 1983 after he was deported to Libya from released after short periods of detention, exile in Morocco, arrested in 1984; five but several of whom were brought to trial MIDDLE EAST AND NORTH AFRICA I MOROCCO AND WESTERN SAHARA

and imprisoned. The government con­ military personnel imprisoned in connec­ 249 tinued to withhold information about the tion with attempts on the life of King fate and whereabouts of more than 100 Hassan 11 in 1971 and 1972. They were prisoners, all former military personnel known to have been moved from Kenitra imprisoned since the early 1970s, some of Prison in 1973, but the Moroccan author­ whom appeared to be held despite com­ ities have consistently refused to disclose pleting their sentences. There were new where they were detained subsequently. reports that prisoners had been tortured The authorities have also withheld all or ill-treated in previous years and one other information about these prisoners, criminal suspect died in custody in suspi­ who are believed to be held incommunica­ cious circumstances. do in severe conditions. Some apparently Thirty-nine prisoners of conscience remained in custody although their sen­ sentenced in 1977 fo r alleged membership tences had expired. A number are believed of various illegal Marxist-Leninist groups to have died as a result of appalling deten­ remained in prison throughout 1987. They tion conditions. had been tried together with around 100 In April it was reported that fo ur daugh­ other people, all since released, and sen­ ters of General Mohamed Oufkir, who had tenced to prison terms of up to life impris­ been held in a prison camp at Berrechid onment on charges which included plot­ since 1972, had escaped from custody but ting against the internal security of the were recaptured after several days. They state. Among those held were Hassan El were said to be held without charge or Bou and Ahmed Fessas, both of whom trial, and to have limited freedom of move­ were reported to be suffering from mental ment and limited access to visitors. They illnesses. were believed to be held because of their More than 60 other possible prisoners fa mily connection with General Oufkir, of conscience sentenced to prison terms who was allegedly implicated in an between 1984 and 1986 remained impris­ attempted military coup in 1972. In Octo­ oned throughout 1987. A number had been ber it was reported that the fo ur women detained incommunicado for two months and other members of the Oufkir fa mily or more before being brought to trial. Some had been granted an immigration visa by were alleged to have been tortured or the Canadian authorities. However, by the ill-treated by police in order to extract end of 1987 they still had not been permit­ confessions which were then used as evi­ ted to leave Morocco fo r Canada. dence against them. Subsequent defen­ There were a number of arrests of sus­ dants' complaints of torture or ill­ pected government opponents in 1987, treatment do not appear to have been fu lly particularly in connection with a series of or impartially investigated by the courts. students' strikes at universities and Most ofthe defendants appear to have been schools in protest against other students' convicted on the basis of confessions arrests, dismissals and study conditions. allegedly extracted under torture. Among In most cases those arrested were released those held were 26 people, mostly stu­ after short periods in detention, although dents, who were jailed fo r up to 15 years in some detainees were said to have been 1984 for alleged membership of a radical held incommunicado in police custody fo r leftist student movement, the Qo'idiyin. periods of more than fo ur weeks and tor­ They were also charged with conspiring to tured or ill-treated. overthrow the government. Most of the Two students, Draibi Hassan and � I: other possible prisoners of conscience Sa khan Abderrazzak, and another man, z m were sentenced in two separate trials in Bouras Mohamed, who had been tried in � 1986 to imprisonment for up to 20 years fo r November 1986 on charges related to pub­ Z alleged membership of the clandestine lic order offences, had their four- and � '" opposition organization I/a al Amam. fi ve-year sentences confirmed by the Court Z They had also been charged with plotting of Appeal of Casablanca in May. They had o� z against the government (see Amnesty been arrested in October 1986, accused of � ,.. International Report 1987). At least three belonging to Qa'idiyin. There were reports '" of those sentenced in 1984 were released of a number of irregularities in their treat­ m '"� in 1987 after completing their sentences. ment before the trial, which were noted by .... No new information was obtained the defence. They had been held in pro­ about the whereabouts or fa te of some 100 longed garde cl vue (incommunicado de- MIDDLE EAST AND NORTH AFRICA / MOROCCO AND WESTERN SAHARA

250 tention) and the arrest dates in the police cluding beatings. in police custody and of records had reportedly been fa lsified. The isolation and inadequate medical treat­ defendants. who denied all charges. ment for both political and criminal pris­ alleged that they were tortured in incom­ oners. On 1 May it was reported that Al municado detention and that their confes­ Bouztati Abdel Mu'min had died shortly sions had been extracted under torture. after being arrested. having been transfer­ Six people were sentenced by the Court red. in a coma. to a hospital in Tetouan. He of First Instance in Al Hoceima to five was said to have been in good health at the years' imprisonment and fines in Septem­ time of his arrest on 28 April. but when ber. Two were sentenced in their absence. seen by relatives on 29 April. he was said The charges against them included burn­ to have been comatose and suffering from ing the national flag. not obeying orders injuries to his face and other parts of his and possessing and using drugs. The de­ body. The authorities claimed that he had fendants included Daichi Ahmed. re­ been arrested for criminal offences and portedly a member ofthe Union Notionole that he had died of epilepsy and tuberculo­ des Etudionts Morocoins (UNEM). National sis. An autopsy was carried out but there Union of Moroccan Students; Bouizdan was no judicial inquest. Aissa. Al Azrak Abdelmoumin and El Bouabid Hassan. a juvenile prisoner. Majdali Jama!. They were reported to have was reported in November to have been been arrested between 21 July and 5 Au­ tortured by two prison guards in Ghbila gust fo llowing strikes in secondary prison in Casablanca in July. He had schools in Al Hoceima. They were said to apparently protested against a decision to have been held in incommunicado deten­ move him from the prison block fo r juven­ tion in police custody fo r more than a iles to a wing where conditions were much month. although the official police record worse. The prison guards were reported to apparently claimed that they had been have encouraged other criminal prisoners to arrested in September. The defendants take part in the attack on him. were said to have complained in court A series of hunger-strikes took place in about coercion and ill-treatment during different prisons during 1987 in protest of police detention and some sources sug­ several conditions including inadequate gested some charges had been fa bricated medical care and ill-treatment of prisoners. for the purpose of attempting to justify There were disturbing reports that political their imprisonment. prisoners were ill-treated or tortured to Five alleged members of 110 01 Amom make them stop their hunger-strikes. For were brought to trial in December before example. possible prisoners of conscience the Criminal Chamber of the Court of Mashrouhi Dhabi and Hamdani Najib. sen­ Appeal in Casablanca. Bou Zeinab Mus­ tenced to 10 and six years' imprisonment tapha. a labourer. Ould Abdelkader Ben respectively in 1986. went on hunger-strike Salem. a trainee teacher. and three others in February 1987 in protest of their ill­ were charged with membership of an il­ treatment in Ain Borja prison. Mashrouhi legal organization. attempts against the Dhabi was reported to have been beaten and internal security of the state and assisting to have sustained serious wounds to one of two people being sought by the police to his legs. Hamdani Najib was reported to escape. They had been arrested in March have been beaten on the chest and to suffer and April in Tetouan and then held incom­ from respiratory problems. Both were said

.. municado in police custody in Casablanca to have been transferred to hospital in a GO � until 29 April. when they appeared before coma on 17 March. Two other prisoners -­ '" an examining magistrate. The defendants from this group were reported to have been � were reported to have alleged in court that severely beaten. Khamlischi Boubker and '" '" they were tortured while held incommuni­ .... Ali Chbari had been sentenced to 20 and 10 c z cado in pre-trial custody. Two were con­ years' imprisonment respectively. Khamlis­ o victed of plotting against the government. chi Boubker reportedly had his leg broken as z� for which sentences of 10 and 12 years' '" a result of ill-treatment while he was on '" -- imprisonment were imposed. One was hunger-strike in January. !: convicted of assisting people to escape and >- Six possible prisoners of conscience who -­ en sentenced to be jailed for two years. The went on hunger-strike in April 1985 and '" Z two remaining defendants were acquitted. :E who were later transferred to Averroes hos­ c Reports continued of ill-treatment. in- pital continued to be detained incommuni- MIDDLE EAST AND NORTH AFRICA / MOROCCO AND WESTERN SAHARA / SAUDI ARABIA cado in the hospital. They were denied King Fahd in March and he called on the 251 access to their fa milies or to independent Ministries of Justice and Interior to ensure doctors, despite a number of appeals to the that all courts in the country complied authorities by their fa milies. with the decision. A ministerial commit­ Amnesty International continued to urge tee was fo rmed to prescribe punishment the government to release prisoners of con­ for offences not specifically mentioned in science and to ask for information the Ulema's ruling, such as drug smuggling about the cases of other prisoners who for personal use, growing drug-producing appeared likely to be prisoners of con­ plants, manufacturing drugs and a number science. Amnesty International was con­ of related issues. cerned about reports that some detainees The first execution under the new law were held incommunicado in pre-trial cus­ was carried out in Riyadh on 29 July, when tody for prolonged periods, tortured or iII­ Muhaisin bin Falih bin Kami al-Muqati' treated, and then convicted on the basis of was beheaded after conviction fo r smug­ confessions which they said had been ex­ gling and using drugs, as well as shooting tracted under duress. The organization con­ and wounding a member of the patrol tinued to seek details ofthe arrests and trials which arrested him. By the end of 1987 at that took place during 1987. least eight others, including two Jordan­ ians and three Filipinos, had been ex­ ecuted for offences which included drug smuggling. In July major clashes took place in SAUDI ARABIA Mecca between demonstrators, mainly Iranian pilgrims, and Saudi security � fo rces. Hundreds of deaths and other casualties resulted and accounts of what had occurred conflicted. Iranian officials accused the security fo rces of firing live ammunition at the pilgrims but Saudi officials denied this charge and alleged that the pilgrims had been heavily armed with knives and other weapons. The Saudi authorities stated that 402 people had been There were reports of the arrest and de­ killed, including 275 Iranians, 42 pilgrims tention of suspected government oppo­ of other nationalities and 85 security force nents, mostly from the Eastern Province, members and other Saudis. Ayatollah and it appeared that some might be pris­ Kharrubi, the Imam Khomeini's repre­ oners of conscience. There were also re­ sentative and the supervisor of the Iranian ports of torture and at least two sentences pilgrims, put the number of Iranian deaths of flogging were imposed. At least 54 at over 324, including 210 women. death sentences were carried out, some of Throughout 1987 Shi'a Muslims sus­ them under a new law on drug smuggling. pected of opposing the government were On 18 February the Council of Senior reportedly arrested. Most reports were re­ U1ema, senior religious scholars entrusted ceived from the Eastern Province after the with interpreting Islamic law, unanimous­ Mecca events. Many Shi'a Muslims ly issued Decision No. 138 on drug­ arrested in previous years had been re­ ,. K trafficking. Under the decision convicted leased by the end of 1986, incl uding Mak­ z ,., drug smugglers and those who receive and kiya 'Abdallah Hamdan (see Amnesty In­ � distribute drugs from abroad may be ternational Report 1987). but opposition z punished by death for bringing "corrup­ sources continued to report fu rther arrests. ,.,.... '" tion" to the country. The U1ema also reaf­ It was diffi cult to obtain independent con­ z firmed a 1987 ruling, No. 85, under which firmation of these reports and the Saudi �o z drug traffickers and users who are first­ authorities publicly denied holding any ,. ... time offenders face imprisonment, flog­ political prisoners. '",., ... ging, a fine or all three punishments at the In February Saudi police raided a home o discretion of the court and execution for a in Jeddah and detained 38 Ethiopian � second offence. Christians belongi ng to the Meseret Christ­ :0'" The Ulema's ruling was approved by os (Mennonitej Chur ch. The group had '" MIDDLE EAST AND NORTH AFRICA / SAUDI ARABIA / SYRIA

252 been holding a prayer meeting. Most of the During 1987 there were at least two detainees were released and deported after floggings imposed on Jordanian nationals several weeks but six remained in deten­ as a judicial punishment. Wad dad bint tion at Ruweiss prison in Jeddah. It Muhammad al-' Aqla was sentenced to 10 appeared that they had previously fled years' imprisonment, 79 floggings every Ethiopia to Sudan and then had entered six months and deportation on completion Saudi Arabia illegally by boat. Those who of the sentence for her role as an accom­ remained in detention may have been plice in her husband's murder. Muham­ arrested because of their religious beliefs mad bin 'Ali al-Abush was sentenced to and therefore may have been prisoners of fo ur years' imprisonment, 500 floggings conscience. The six detainees were re­ and deportation on completion of the sen­ leased in November and deported to tence for his role in a bank robbery. Cor­ Sudan. poral punishment is authoritatively consi­ In February the Egyptian nationals who dered to be a violation of the international had been held without trial since Novem­ legal prohibition of cruel, inhuman or ber 1979 were released and returned to degrading punishment. Egypt. They had been detained after an At least 54 people were executed in armed group occupied the Grand Mosque 1987, including three women and 13 peo­ in Mecca (see Amnesty International Re­ ple of other nationalities. While at least port 1987). nine victims had been convicted of drug­ New information was received in 1987 related offences, a majority of the others about the torture and il l-treatment of had been convicted of murder. All the prisoners during previous years. Allega­ executions were public, occurring in most tions primarily concerned the treatment of cases after relatives of the murder victims people held on criminal grounds and in­ had demanded Qisas (retribution). Under terrogated by police immediately after Islamic law the relatives of a murder vic­ arrest. In most cases, people had apparent­ tim may demand Qisas in the form of the ly been tortured to make them sign confes­ death penalty or waive such a claim freely sions. Torture often stopped after a confes­ or by set tlement. In fo ur cases involving sion had been signed. six offenders, executions were carried out Several accounts again named the Drug between 18 months and 15 years after Detention Centre in Dammam as a place sentencing. In these cases the sentences where torture frequently took place. For­ could not be carried out until the heirs of mer prisoners and others alleged that the deceased had reached the age of matur­ methods commonly used included fa laqa ity and consensus on the form of Qisas. (beating on the soles of the feet), with the Amnesty International appealed on ankles secured through two rope loops to a several occasions to the Saudi authorities, raised pole, using cane sticks, wire han­ reiterating the organization's uncon­ gers, wooden rods or knotted rope; forced ditional opposition to capital punishment standing fo r two to three hours, alternating and urging commutation of all death sen­ with sitting for only one hour, over a tences. The organization also intervened period of days to weeks; forced knee­ in July on behalf of the six detained Ethio­ bends, sometimes with a wooden peg pians. No response was received to any of strapped behind each knee to cause severe Amnesty International's inquiries. pain; beating all over the body; burning sensitive parts of the body with lighted cigarettes; and submersion in ice-cold water. SYRIA One detainee stated that his feet were placed through two rope loops in a heavy Thousands of political prisoners, includ­ stick which two policemen rotated to ing prisoners of conscience, were de­ tighten the loops. Then his fe et were lifted tained under state of emergency legisla­ and his soles beaten with a half-inch wide tion in force continuously since 1963. stick 25 or 30 times, breaking two toes on Some detainees had been held for several his left foot. years but hundreds of others were Allegations of torture were also made arrested during the year in both Syria and by fo rmer detainees held at Dhahran Police Lebanon. Most of them were held without Station and Dammam Central Prison. trial, although some political prisoners MIDDLE EAST AND NORTH AFRICA / SYRIA

ment opponents and their relatives were 253 detained in a wave of arrests in August and September. At least 150 of those arrested remained in detention at the end of the year and some were said to have been tortured. The majority of arrests took place in the cities of Homs, Aleppo and Lata­ qiyya and were carried out by Fora' Falas­ tin, Palestine Branch, a section of Military also remained in custody after the expiry Intelligence. Those detained were sus­ of their sentences. The use of torture by pected members or supporters of the PeA, security forces was reported to be wide­ some of whom had been sought by the spread and routine. Ten detainees were authorities since 1980. Relatives of PeA said to have died in custody either in members were also arrested and held as Syria or parts of Lebanon controlled by hostages. Syrian forces. Several hundred people. Many hundreds of people, including including many civilians. reportedly "dis­ Palestinians and Lebanese nationals, were appeared" after they were arrested by also reportedly arrested by Syrian forces in Syrian forces in Lebanon and others were Lebanon and taken back to Syria, where said to have been killed. Five people were they were detained. Hundreds of such sentenced to death and five others were arrests occurred in and around Tripoli in executed. northern Lebanon during December 1986 Many government opponents arrested and January 1987. These arrests fo llowed in previous years continued to be detained the reported killing of more than 200 peo­ without trial throughout 1987. They in­ ple by Syrian troops and Syrian-backed cluded some 260 prisoners of conscience militia in the city in December 1986 (see and 180 others who may have been prison­ Amnesty International Report 1986). ers of conscience. Among those held were Some of those arrested were said to have members of prohibited political parties, been held in Tripoli fo r interrogation and such asHizb al-'Amal al-Shuyu'i, Party for then transferred first to 'Anjar in the Beka' Communist Action (PCA); al-Hizb 01- Valley and subsequently to Damascus, Shuyu'i-al-Maktab al-Siyassi, Commun­ where they remained in detention without ist Party Political Bureau (CP PB); 01- trial. Many others allegedly "disappeared" Tanzim al-Sha'bi al-Nasiri, Popular Nas­ in custody. Some detainees were tortured, serist Organization (PNO); and al-Ikhwan according to reports, and three died in aI-Muslim un, Muslim Brotherhood. Mem­ custody as a result. bers of several Palestinian groups, includ­ Widespread arrests and "disappear­ ing Fatah and the Democratic Front for the ances" were also reported during the first Liberation of Palestine (OFLP), were also half of the year, fo llowing the deployment among those held. Amnesty International of Syrian troops in West Beirut in Febru­ was unable to confirm reports of the re­ ary. Dozens of people were said to have lease in November of 150 detainees, all been arrested fo llowing raids on homes, supporters of Yasser 'Arafat, chairman of shops and offices by Syrian troops in the Palestine Liberation Organization. districts of thecity previously controlled There were many arrests in 1987 in both by the Progressive Socialist Party (PSP) and

Syria and areas of Lebanon under Syrian the Amal Movement. Those detained were � K control. Among those held were 13 sus­ believed to include members of the PSP and z ", pected members of the CPPB who were others suspected of having links with � arrested between April and October by various militias. Some of the people z Idarat al-Amn al-Dakhili, Internal Secur­ arrested were transferred to detention cen­ ",... '" ity. Some of them were reportedly tor­ tres in 'Anjar in the Beka' Valley. Several z � tured. Muhammad Munir Missouti, a jurist hundred detainees, many of them Palestin­ ::! o z and member ofthe CPPB's Central Commit­ ians who had been held by Amal in Burj � ... tee, was arrested in September in Damas­ al-Murr in West Beirut, were reportedly '" ", cus. He had been sought by the authorities transferred by Syrian troops to detention � since 1980. He was still held without centres between 21 and 25 February. Their � .. charge or trial at the end of 1987. fa te and whereabouts were unknown at the .., co Several hundred suspected govern- end of 1987. co MIDDLE EAST AND NORTH AFRICA / SYRIA

254 Further arrests were reported in October in Saidnaya Prison. His heart condition had and November. when more than 200 people deteriorated fo llowing his interrogation were said to have been detained in Tripoli. under torture. apparently on suspicion of carrying out There were reports that Syrian forces in operations against Syrian positions in the Lebanon deliberately killed civilians. area. Their fa te and whereabouts remained Additional information was received unknown. although some were allegedly about the killings of more than 200 people in transferred to 'Anjar. the al-Tabbaneh district ofTripoli at the end Reports were received in mid-1987 sug­ of December 1986. During house-to-house gesting that three Israeli soldiers who "dis­ searches by Syrian troops and commandos. appeared" in 1982. fo llowing their capture unarmed civilians were reportedly dragged after a battle in eastern Lebanon. were alive from their homes and executed. Women and and in Syrian custody. However. the precise children were among those fo und dead. whereabouts of the three men - Zachary Others had died when two residential Baumel. Zvi Feldman and Yehuda Katz - buildings were dynamited. Dozens of was not known. bodies were allegedly buried in mass graves Torture and ill-treatment of prisoners in al-Tabbaneh, including one site at al­ was widely reported and appeared to be Ghuraba' Cemetery. More than 40 bodies routine. Three Lebanese nationals arrested were buried in the Alawite Cemetery in the in December 1986 in Tripoli on suspicion of Syrian-controlled district of Ba'al Muhsin links with Harakat al-Tawhid al-Islami, in Tripoli. Islamic Unification Movement, reportedly Twenty-three supporters of Hizbollah died in custody as a result oftorture within a (Party of God), among them five women, week of their arrest. The three men - Jihad were killed in February during the deploy­ 'Abs, Mahmud Ahmad Raslan and Jibril ment of Syrian troops in the Basta district of Idlibi - were interrogated by Syrian forces at West Beirut. Syrian troops reportedly Madrasat al-Amrican, American School, in apprehended the group in an apartment Tripoli. block, lined them up against a wall and shot Six PCA members and three CPPB mem­ them. Some of the bodies, which were taken bers were reportedly tortured during inter­ to the Beirut Hospital, were also said to bear rogation in September and October. They the marks of knife wounds. In March Syrian were arrested by Military Intelligence and troops were reported to have summarily Internal Security respectively. One PCA executed three men suspected of attacking a member. Akram al-Bunni, may suffer checkpoint in Beirut. The troops reportedly paralysis resulting from a form of torture fo rced the victims to stand against a tree on known as al-Kursi al-Almani (German the Beirut seafront and shot them dead in Chair). During this torture, the victim is tied fu ll view of passers-by. by the hands and feet to a metal chair with Ten death sentences were reported in moving parts. The back rest of the chair 1987. Five men were hanged in August for bends backwards, causing acute hyper­ their alleged involvement in a series of extension of the spine and severe pressure bombings in Syria in 1986. In September on the victim's neck and limbs. This torture five people were sentenced to death by the is said to cause difficulty in breathing Economic Security Court after convictionof almost to the point of asphyxiation, loss of corruption, the first reported death sen­ consciousness and, in some cases, fractured tences for this offence.

.. vertebrae. A CPPB member, 'Abdallah Qab­ Amnesty International continued .. � bara, was also reported to be in danger of throughout 1987 to express concern to the � losing the sight of one eye as a result of government about reports of widespread o CL torture. arbitrary arrests. "disappearances". pol­ '" "" Reports continued to be received that itical prisoners detained without trial, tor­ .... c z prisoners were deprived of essential medi­ ture and deliberate killings of civilians by its o cal treatment for serious illnesses or for forces in Syria and Lebanon. There was no z� injuries resulting from torture. One fo rmer response from the government. In an oral "" '" prisoner of conscience, Muhammad Haith­ statement delivered in March, Amnesty � am Khoja. had suffe red from chronic in­ International drew the attention of the Un­ '"� flammation of the kidneys and died three ited Nations Commission on Human Rights '" z weeks after his release in June. Another to reports of civilians deliberately killed by :Ii c detainee, Ihsan 'Izzo, died on 14 November Syrian forces in Tripoli. A Syrian Govern- MIDDLE EAST AND NORTH AFRICA / SYRIA / TUNISIA

ment representative responded that "Syrian ly that certain reforms affecting human 255 troops in Tripoli and other Lebanese cities rights would be introduced. Within two are performing a task that the legal Lebanese weeks of the change of government, a new authorities have asked for, in order to keep law was promulgated to introduce a 10- the peace and put an end to the fighting day maximum limit on incommunicado among the various factions. While they are detention in garde a vue. During December performing these duties, the Syrian forces the new President declared two amnesties can be subjected to attacks by certain mili­ which resulted in the release of more than tias. Naturally, such attacks necessitate self­ 3,000 criminal and political prisoners. defence by Syrian troops." Some of those released may have been In September Amnesty International prisoners of conscience. One death sent­ submitted a memorandum to the govern­ ence was also commuted in December and ment regarding the torture and ill-treatment the State Security Court and office of State of Syrian, Lebanese and Palestinian de­ Prosecutor were abolished. tainees by its security forces both in Syria Tunisia signed the United Nations Con­ and Lebanon. The memorandum contained vention against Torture and other Cruel, information received by Amnesty Inter­ Inhuman or Degrading Treatment or national between 1984 and 1987 and recom­ Punishment on 26 August but had not mendations for the prevention of torture. In ratified it by the end of the year. an accompanying letter, Amnesty Inter­ Many suspected opponents of Presi­ national reiterated its long-standing request dent Bourguiba's government were for discussions with the government on its arrested in the months preceding his re­ human rights concerns. No response was moval from office. They included numer­ received. The memorandum was published ous supporters of the Mouvement de la in Octoberin a report entitled Syria: Torture ten dance islamique (MTI), Islamic by the Security Forces. Tendency Movement, an Islamic organ­ ization which advocates a more avowedly Islamic form of government. In March police arrested Rachid Ghannouchi, the TUNISIA leader of the MTI, who was tried with other MTI activists later in the year. MTI support­ ers demonstrated against his arrest and some of them had violent clashes with police. Large numbers of suspected MTI sympathizers were arrested; according to one estimate more than 2,000 by mid-1987. Many of those arrested were tried on charges such as distribution of leaflets, participating in demonstrations and other public order offences. Some received pris­ Hundreds of suspected government oppo­ on terms of up to six years but all were nents, mostly alleged supporters of an believed to have been released in the Islamic movement, were arrested. Some December amnesties. of them were believed to be prisoners of Khemais Chamari, secretary general of conscience. A number of detainees were the Ligue tunisienne pour la defense des released without charge. Others were droits de l'homme (LTDII), Tunisian :. 11: sentenced to prison terms, including some League for Human Rights, was arrested on z ,., unfairly tried by the State Security Court. 28 April after he spoke to foreign journal­ � Torture and ill-treatment of detainees ists about recent arrests and political de­ z were reported and two detainees died in velopments. He was charged with dis­ ,.,.... '" suspicious circumstances. At least eight seminating fa lse information likely to dis­ z people were sentenced to death and there turb public order and with offending "the � o were seven executions. person" of the Prime Minister. He was :.z � On 7 November President Habib Bour­ released from custody on grounds of ill­ '" 22 ,., guiba was replaced as head of state by health on May, the day before his trial � General Zine Al Abidine Ben Ali, who had was to start. The trial was postponed and � .. been appointed Prime Minister in October. had not taken place by the end of the year. OD CD The new President announced immediate- Other detainees included supporters of CD MIDDLE EAST AND NORTH AFRICA / TUNISIA

256 the opposition Parti communiste des ouv­ of committing crimes intended to change riers tunisiens (PeOT), Tunisian Workers "the nature" of the state, incitement to Communist Party. Some of them were violence, and other offences. Some 37 of reportedly tortured or ill-treated while the accused were tried in absentia. Four­ held incommunicado in police custody. teen defendants were acquitted and seven Approximately 40 ofthem were convicted of those convicted were sentenced to of belonging to an unauthorized organiza­ death, including five in absentia. Rachid tion and the appeal court sentenced some Ghannouchi and one other defendant were defendants to up to 10 years' imprison­ sentenced to life imprisonment with hard ment. Most of them were released in the labour and the remaining defendants re­ December amnesties, including some who ceived prison terms ranging between two may have been prisoners of conscience. and 20 years. Sentences exceeding five The remainder were released after they years included hard labour. were sentenced with reprieve, or acquitted The trial was marked by serious de­ by the Court of Appeal. ficiencies. The State Prosecutor was At the end of May, 14 other prisoners appointed as the presiding judge and were granted an amnesty by President throughout the trial his conduct of the Bourguiba. They had been convicted in proceed ings raised doubts about his im­ November 1986 of membership ofthe Ras­ partiality. He interfered in cross­ semblement socialiste progressiste (RSP), examination of witnesses by defence Progressive Socialist Assembly, and had lawyers and adopted a hectoring attitude received six-month sentences. They were towards the defendants. The court admit­ released on bail pending an appeal, but in ted as evidence confessions which were May the court of appeal confirmed their allegedly extracted under torture while the sentences. defendants had been held incommunicado More than 100 suspected supporters of for over three months. Moreover, their the MTl, including army and police offi­ lawyers received access to the copious cers, were arrested after the change of case dossier only shortly before the trial government in November for allegedly began. The defendants had no right of plotting to overthrow the former govern­ appeal. ment. Most of them were reportedly held Thirteen of those sentenced in absentia incommunicado fo r long periods and re­ were subsequently arrested and tried again mained in detention at the end of the year. before the State Security Court, which Some detainees were allegedly tortured or confirmed in November their original sen­ ill-treated in custody and at least one tences. One of the 13, AIi al Aridh, had reportedly died in detention. been sentenced to death. All sentences Those released in the December amnes­ were upheld by the cassation court, but the ties included 18 fo rmer members of the death sentence on AIi al Aridh was com­ military who may have been prisoners of muted to life imprisonment with hard conscience. They received prison terms labour on 16 December. ranging from five to eight years in 1983 In addition to the MTI prisoners sen­ after conviction of membership of an un­ tenced in September, other detainees authorized political organization, the Par­ were allegedly tortured and ill-treated ti de la liberation islamique (PLI),Islamic both before and after the change of govern­ Liberation Party. Prior to the amnesties, ment. In May NabiI Barakati, a teacher, President Ben Ali had lifted the house was fo und dead on a street about 300 arrest restriction on Habib Achour, fo rmer metres from Gaafour police station. He ti: secretary general of the Union generale had been held incommunicado fo r 11 days o Cl. des travail/eurs tunisiens (UGTT), Tunis­ ... in the station, where he was reportedly '" ian General Workers Union. Habib questioned about the circulation of a PeOT .... c z Achour may have been a prisoner of con­ tract criticizing government intervention o science (see Amnesty International Report in trade union affairs. The police said he � z 1987). had escaped from custody and committed '" ... A major political trial of MTI members suicide but some sources suggested that i took place before the State Security Court his body was dumped in the street to

�'" in Tunis between 23 August and 26 conceal his death in detention. An official ... z September. Rachid Ghannouchi and 89 lIE judicial investigation into his death was c other alleged MTI members were accused reported but its findings had not been MIDDLE EAST AND NORTH AFRICA ITUNISIA I UNITED ARAB EMIRATES

made public by the end of the year. 257 In early December officials said that Mohamed El Mansouri, an army captain UNITED ARAB and alleged member of the MTI, died of EMIRATES heart fa ilure while detained incommuni­ cado. He had been arrested on 16 Novem­ ber. His fa mily reportedly requested an official investigation into his death but the authorities denied reports that he had been tortured. They said his death had already been the subject of an inquiry, although no details of the inquiry were known to have been disclosed. Eight people reportedly received death sentences, two of which were commuted. Several people were detained without Seven other prisoners were executed. trial, including one who may have been a Five of those executed had been convicted prisoner of conscience. All of them were of criminal offences and the other two were released before the end of the year. Some sentenced to death at the MTJ trial in detainees were reportedly tortured. No September. No executions took place executions were known to have taken under the new government. place but one death sentence passed at the Amnesty International intervened end of 1986 was confirmed in May. several times for the release of Khemais Dhabia Khamis al-Mehairi was arrested Chamari, whom it considered to be a pris­ at her home in the emirate of Sharjah on 28 oner of conscience. Amnesty International May. She is a poet, writer and television representatives attempted to observe his presenter and had apparently published trial, but the legal proceedings were post­ articles on topics including the status of poned. In addition, the organization Arab women. She was detained without sought information about prisoners of con­ charge or trial in Abu Dhabi for about 10 science held under fo rmer President Bour­ weeks and denied access to her fa mily and guiba's administration. Amnesty Inter­ lawyer. Theauthorities gave no reasons for national welcomed the December amnes­ her detention. She was released without ties, as well as earlier releases. The organ­ charge in August. ization also welcomed the new govern­ Several Iraqi nationals residing or ment's steps to limit incommunicado deten­ working in the UAE were detained and held tion and to abolish the State Security Court. incommunicado for periods ranging be­ Throughout the year Amnesty Inter­ tween several days and one month. Some national also called for impartial investiga­ of them were allegedly tortured. Most were tion of alleged torture and fo r introduction detained after officials summoned them to of safeguards to protect prisoners from il\­ discuss their residence or work permits. treatment. The organization expressed par­ For example, two Iraqis were said to have ticular concern about the conduct of the MTI been arrested in Abu Dhabi at the offices of trial before the State Security Court, part of the Ministry of Interior's Department of which an Amnesty International observer Immigration and Passports. They were re­ attended, and about reports that many ofthe portedly transferred from there, blindfold, defendants had been tortured. Amnesty to a detention centre. In these and similar »­ K International also called for the commutation cases, detainees were apparently held for z '" of death sentences. political reasons related to the authorities' � investigations into the activities of Iraqi z political groups. None of those detained '".... '" was apparently shown an arrest warrant or z informed of the reasons fo r arrest. Some o� z detainees were reportedly held incom­ »­ ,.. municado, questioned about their politi­ '" cal affiliations, and asked if they had links '" � with the Shi'a opposition group ol-Do'wo � .. ol-lslomiyyo. lslamic Call. Membership of '" this group is a capital offence in Iraq. All :: MIDDLE EAST AND NORTH AFRICA I UNITED ARAB EMIRATES

258 Iraqi detainees were dismissed from their abuse and indefinite detention. jobs and expelled from the UAE shortly Two other Iraqi nationals allegedly tor­ after theirrelease. tured during detention were Hakem Khalaf Several Iraqis who were detained 'Abd al-Razzaq, a car dealer, and Abu alleged after release that they had been Saleh, a butcher. Both men were detained tortured. One of them, who was arrested in in early May in Sharjah. According to January, alleged that he was subjected to reports, they were acquitted of criminal fa laqa (beating on the soles of the feet), charges but continued to be detained by beatings with canes, electric shocks and the security fo rces without fu rther charge. sleep deprivation for six days during in­ They were reportedly released at the end of communicado detention. He said he had May. been arrested after refusing to provide No new death sentences or executions information on other Iraqis resident in the were reported during the year, but in May UAE. He also al leged that he was fo rced to the High Court of Appeal in Dubai con­ run around in a small room while blind­ firmed a sentence of death imposed in fold and that he lost consciousness as a December 1986 on an Indian national con­ result of head injuries sustained upon victed of murdering nine people. impact with the walls. He was released During the year Amnesty International after about two weeks and expelled from expressed concern about reports that a the UAE. number of Iranians and Tamils fro m Sri Ghaleb al-Shabandar, who was held Lanka were threatened with fo rcible return incommunicado for a month fo llowing his to their countries of origin, where they arrest in February in the emirate of Shar­ risked imprisonment, torture or execution. jah, alleged that he had been tortured with Two Iranian asylum-seekers were de­ electric shocks, burned with an electric tained in Dubai in February and another iron, beaten with sticks, subjected to fala­ was held in Abu Dhabi in May. Amnesty qa, deprived of sleep for nine days while International was unable to identify the blindfold and forced to observe other vic­ eventual location of the three Iranians. In tims of torture. The purpose of this treat­ March, 17 Tamils from Sri Lanka who were ment, he said, had been to compel him to detained at Dubai airport were permitted inform against other Iraqis. Upon release to remain in Dubai temporarily while they in March, he was said to have been im­ sought asylum elsewhere. If returned to Sri mediately escorted onto a plane and ex­ Lanka, they may have become victims of pelled from the UAE. According to his arbitrary arrest, torture or killing. testimony, he was led to believe that he During the year Amnesty International was being deported to Iraq, where he also expressed concern to the UAE author­ would be at risk of imprisonment or execu­ ities about reports of detention without tion. He was, however, permitted to go to trial and of torture. The ruler of Sharjah another country. stated in June that no information was Haitham Makki Kubba, another Iraqi, available about the two Iraqis who were was detained in Abu Dhabi from 8 to 14 reportedly detained during May after ac­ March and subsequently expelled from the quittal on criminal charges. UAE. He alleged that he was held incom­ In late November the government com­ municado, deprived of sleep for between mented through its embassy in Brussels on five and six days, kicked, beaten with the Amnesty Interna tional Report 1986. plastic hoses and sticks, and threatened The report criticized the practice in the with electric shock torture and deporta­ UAE of judicial floggings as cruel, inhuman tion to Iraq, where he would be at risk of or degrading treatment or punishment and imprisonment or execution. the possible increase of offences punish­ Other detainees alleged that they had able by death. The government stated that been stripped naked and exposed alter­ its legal system was based on the Shari'a nately to hot and cold air and subjected to and "positive" law and that defendants falaqa while suspended from the ceiling had guaranteed rights of defence and by their hands, which were tied behind appeal. The judicial punishments of flog­ their backs. This treatment reportedly ging and amputation were severe, accord­ caused dislocation of the shoulders. De­ ing to the government, but justified by the tainees also stated that they were verbally gravity of the offences and their harmful abused and threatened with both sexual effect on society. "Those who are horrified MIDDLE EAST AND NORTH AFRICA I UNITED ARAB EMIRATES I YEMEN (ARAB REPUBLIC)

by the amputation of a thiers hand, why do end of 1987 by the Central Agency for 259 they not worry about the crime of theft?" National Security in Sana'a. the government asked. The death penalty, Information was obtained in 1987 about it stated, was rarely used and applicable political opponents arrested in previous for crimes such as murder, rape and armed years. One report named Colonel Sultan robbery. al-Qirshi, a prominent official said to have been arrested in February 1978, as a pol­ itical prisoner whose fate had remained unknown since October 1978. YEMEN Four children, aged 11 to 14, were (ARAB REPUBLIC) arrested in June and held in various deten­ tion centres, including Sana'a Central Prison. They said after their release that they had been beaten on the soles of the feet and other parts oftheir bodies while in detention, possibly to obtain information about their father. The children's fa ther is a member of the NDF and resides in the PDRY. The four children, who were on holiday in the Y AR, returned to the PDRY fol lowing their release in August or A number of people were reportedly September. arrested for political reasons and be­ Islamic judicial punishments constitut­ lieved to remain in detention without trial ing torture or ill-treatment were reported at the end of the year. It was not known if during the year. At least 13 people re­ the detainees included prisoners of con­ ceived sentences of limb amputation for science. The government announced in sariqa (theft) and one was sentenced to a June that there had been arrests on secur­ flogging for shurb al-khamr (drinking ity grounds but it gave no other details. wine). Prisoners, including children, were re­ Throughout the year prisoners con­ portedly subjected to ill-treatment, in­ tinued to be shackled in their cells. The cluding restraint by chains. At least 13 shackles were attached to prisoners' ank­ prisoners were sentenced to judicial les and restricted leg movement. In some punishments of amputation and one to cases the prisoners' hands had reportedly flogging. Twenty-five executions and five been chained to their necks and ankles. It death sentences were recorded by Amnes­ appeared that such shackling could injure ty International. prisoners, particularly while the chains On 9 June national media announced were hammered into place or prised apart the arrest of "a group of saboteurs that during removal. The United Nations Stan­ planned actions aiming at disrupting dard Minimum Rules fo r the Treatment of security and compromising the national Prisoners prohibits the use of chains for interests and the achievements of the re­ restraint or punishment. volution", adding that the group would be Twenty-five executions and five death tried following interrogation. By the end of sentences were recorded by Amnesty the year, however, no information was International during 1987. In all but three available about the number and identities cases, the executions took place fo llowing � i: of these detainees or about any trial convictions fo r murder in accordance with z ,., proceedings. qisas (retribution), a category of Islamic Cl> � Also in June, four men travelling from punishment whereby the fa mily of a mur­ 2 -< Aden in the People's Democratic Republic der victim may demand retribution, in the ,., '" of Yemen (PDRY) to the Yemen Arab Repub­ fo rm of the death of the murderer. or may z (YAR) � lic were reportedly arrested after waive such a claim freely or by financial o z crossing the border on suspicion of belong­ settlement. Three executions were imple­ � .... ing to the opposition National Democratic mentations of the Islamic punishment for '" Front (NDF). In late June or early July a Y AR hiraba (robbery). ,., �'" diplomat was said to have been arrested, Amnesty International appealed -< .. possibly on political grounds. These five throughout the year for the commutation ID OD men were believed to be detained at the of death sentences and judicial sentences OD MIDDLE EAST AND NORTH AFRICA / YEMEN (ARAB REPUBLIC) / YEMEN (PEOPLE'S DEMOCRATIC REPUBLIC OF)

260 of amputation or floggin�. In November the In August 'Abd al-Karim Shamsan, a organization sought information from the former YSP official, was arrested in Aden authorities on the detainees it had learned and held incommunicado, apparently in about and expressed concern about the use connection with the fighting in January of chains to restrain prisoners. 1986. The authorities assured Amnesty International in October that he would be granted prompt access to fa mily members and to a lawyer. By the end of the year, YEMEN however, the organization had no con­ (PEO PLE 'S DE MOCRATIC REPU BLICOF) firmation that such access had been permitted. Eleven members of the pro-Iraqi Ba'th Party, who may have been prisoners of conscience, were held in al-Mansura Prison in Aden. They were convicted of treason by the Supreme Court of the Re­ public in December 1985. A twelfth defen­ dant in the case died in custody, apparent­ ly two months before delivery of the ver­ dict (see Amnesty International Report The trial of the former head of state and 1986 and 1987). Amnesty International 137 others on charges relating to the fight­ had been especially concerned about the ing in January 1986 between rival factions 11 prisoners' fa te in the wake of the fight­ of the Yemeni Socialist Party (YSP) ended ing in January 1986. The organization con­ in December with 102 convictions. Thirty­ tinued to seek info rmation about them in five of the defendants received death sen­ 1987. tences and five of them were executed on The trial of 'AliNaser Muhammad, the 29 December. A group of detainees held fo rmer head of state, and 137 other defen­ without trial since the fighting was re­ dants began before the Supreme Court of leased in June, bringing the official figure the Republic on 2 December 1986 and of releases to over 4,700. At least one ended on 12 December 1987. All of the person was arrested in August, apparent­ defendants were charged with treason and ly in connection with the January 1986 some of them were also charged with events. Further evidence of torture during terrorism and sabotage in connection with the early months of 1986 was also the fighting in January 1986. The defen­ gathered during 1987. In February the dants included senior state and party offi­ People's Democratic Republic of Yemen cials, as well as military personnel of many acceded to eight international human ranks. rights instruments, including the Interna­ Forty-four defendants were tried in tional Covenants on Civil and Political absentia and 19 of them, including the Rights and on Economic, Social and former head of state, were sentenced to Cultural Rights. death. Of the 94 defendants present at the On 29 June 80 people officially de­ trial, 16 were sentenced to death and one, scribed as the last group of detainees held Dr Muhammad 'AIi Muftah, died in cus­ without trial since the fighting in January tody on 5 November. According to the

GO 1986 were released. The releases took court, he died of natural causes. Sixty­ GO � place under a general amnesty declared on seven defendants, including some ofthose ;: 29 March 1986 and renewed several times, present before the court and some tried in � the last time on 31 December 1987. absentia, were sentenced to terms offive to '" '" According to official sources, over 4,700 15 years' imprisonment. Twenty-nine de­ ... c z detainees were released under the amnes­ fendants were released by the court under o ty, which also applied to citizens then the government's amnesty and six were z� residing abroad. Also released, reportedly acquitted. '" '" ... after several weeks in detention on politi­ On 27 December the Chairman of the ! cal grounds, were 10 students at a Soviet Presidium of the Supreme People's Coun­ � military academy who had been forcibly cil ratified the death sentences passed on '" z returned to Aden by Soviet authorities in 'Ali Naser Muhammad, five other defen­ :I c mid-December 1986. dants tried in absentia and five defendants MIDDLE EAST AND NORTH AFRICA I YEMEN (PEOPLE'S DEMOCRATIC REPUBLIC OF) who were present at the trial. Twenty-four ing, torture and killings were committed 261 other death sentences were commuted to by both sides before central authority was 15 years' imprisonment. Two days later, restored. Amnesty International con­ the five prisoners sentenced to death were tinued to seek information on several executed by firing-squad in al-Mansura cases, particularly those of people said to Prison in Aden. They were Faruq 'Ali have been taken into custody during and Ahmad, fo rmer vice-president of the after the fighting and whose whereabouts Democratic Yemeni Journalists' Organiza­ remained unknown to relatives and tion; Hadi Ahmad Naser, a former member friends. of the Supreme People's Council; 'Alawi Following the announcement on 12 De­ Husayn Farhan, former Deputy Minister cember of the verdict by the Supreme for State Security; Ahmad Husayn Musa, Court of the Republic, Amnesty Inter­ former commander of the Air Force; and national sent urgent appeals to the author­ Mubarak Salem Ahmad, who commanded ities, urging the commutation of all 35 the bodyguards of the fo rmer head of state. death sentences. Afterthe sentences were In a separate case, the Supreme Court of ratified by the Chairman of the Presidium the Republic sentenced to death in Febru­ of the Supreme People's Council on 27 ary two people tried in absentia on charges December, the organization urgently re­ of sabotage. Another defendant tried in quested that the executions not be carried absentia received a prison sentence, as did out. four defendants who were present at their trial. The fo ur were reportedly arrested in November 1986 while planning bomb attacks in the province of Abyan. During the year, Amnesty International continued to seek information about deaths resulting from torture, deliberate killings of detainees and "disappearances" reported to have taken place during and fo llowing the fighting in January 1986. The organization also continued to appeal, as in previous years, for clarification of the fate of a number of prisoners arrested between 1967 and 1975. Several of them were considered to be prisoners of con­ science and others may have been prison­ ers of conscience. In October an Amnesty International delegation visited the country to observe final sessions of the Supreme Court trial which began on 2 December 1986 (see Amnesty International Report 1987). While in Aden, the delegates met with several government and judicial officials, including the Ministers of Justice, State Security, the Interior and the Deputy Minister fo r Foreign Affairs. The auth­ orities stated that some of the prisoners known to Amnesty International had been released in previous years and that the fa te of others, particularly people missing since the fighting in January 1986, was difficult to determine. Among the reasons given for such difficulty was the rapid decomposition of bodies in the heat, which had rendered most victims of the .. fighting impossible to identify. The auth­ ID OD orities also conceded that during the fight- OD IT 263 MISSIONS ACCOMPLISHED BETWEEN1 JANUARY 1987 AND 31 DECEMBER 1987

MONTH COU NTRY DElEGATE(S) PU RPOSE January Mauritania - Nicolas Ulmer (USA! Research Switzerland) January Yugoslavia - John Vervaele (Belgium) Trial observation - Staff member of International Secretariat January Israel -Secretary General of Amnesty Discuss Amnesty International's International concerns with government -Two staff members of authoritieslResearch International Secretariat January South Africa - Peter Duffy (Member of Discuss Amnesty International's (Venda) International Executive concerns with local government Committee) authorities January/February Honduras -Rona Weitz (USA) Research - Staff member of International Secretariat January/February Central African - Biram Sy (Senegal) Trial observation Republic January/February Peru - Staff member of International Research Secretariat January/February Ecuador -Staffmember of International Research Secretariat February Czechoslovakia - Riikka Pyykko (Finland) Trial observation/Observe appeal February United Kingdom - Three staff members of Discuss Amnesty International's International Secretariat concerns with government authorities March El Salvador -Drew Saunders Days III (USA) Research - Norberto Liwski (Argentina) -Two staff members of International Secretariat March Jordan -Two staff members of Research International Secretariat March Nepal - Staffmember of International Research Secretariat March/April Venezuela - J Samtleben (Federal Research Republic of Germany) -Two staffmembers of International Secretariat March Italy -John Vervaele (Belgium) Observe appeal -Staffmember oflnternational Secretariat March Czechoslovakia - Johanna Niemi (Finland) Trial observation � I: March Uganda - Secretary General of Amnesty Discuss Amnesty International's z '" International concerns with government III .... -Two staff members of authorities/Research -< International Secretariat Z .... '" March Czechoslovakia - Alexander Milne (UK) Trial observation '" z March Jordan - Lynn Welchman (UK) Research := 15 z April France -Two staff members of Research � InternationalSecretariat ... '" '" April Yugoslavia - Hans Rau (Federal Trial observation ... 0 Republic of Germany) '" - Staff member ofInternational .... � IQ Secretariat '" '" 264 April Pakistan - Nimal Senanayake (Sri Lanka) Discuss Amnesty International's Peter Duffy (Member of concerns with government International Executive authorities Committee) - Staff member ofInternational Secretariat April Bahrain - Secretary General of Amnesty Discuss Amnesty International's International concerns with government - Two staff members of authoritiesrrrial observation International Secretariat April Kuwait - Secretary General of Amnesty Discuss Amnesty International's International concerns with government Two staff members of authorities International Secretariat April Turkey Staffmember of International Research Secretariat April lIungary - Alexander Isola (Austria) Trial observation May Thailand - Staffmember ofInternational Research Secretariat May Korea (Republic of) - Secretary General of Amnesty Discuss Amnesty International's International concerns with government -Two staff members of authorities/Research International Secretariat May Federal Republic of Staff member of International Trial observation Germany Secretariat MaylJune Central African - Biram Sy (Senegal) Trial observation Republic MaylJune Tunisia - Bacre Waly Ndiaye (Member Trial observation of International Executive Committee) MaylJune Colombia Yvon LeBot (France) Discuss Amnesty International's - John Vervaele (Belgium) concerns with government - Staff member of International authorities/Research Secretariat June Bahrain - Mohammed Abdulqader Al Trial observation Jassem (Kuwait) - Staff member of International Secretariat June Switzerland Staff member of Internat ional Research Secretariat June Greece Alain Ottan (France) Trial observation June Sierra Leone Henry Kayondo (Uganda) Trial observationlResearch - Staff memberof International Secretariat June Guinea David Weissbrodt (USA) Research Staff member of International Secretariat .. .. June Israel/Occupied - Lawrence Kershen (UK) Trial observation � Territories .... '" June Greece 0 Franca Sciuto (Member of Discuss Amnesty International's ... '" International Executive concerns with government '" Committee) authorities/Research -' c Secretary General of Amnesty z 0 International ;::c Staff memberof International z '" Secretariat '" .... June � Algeria - Adel Amin (Egypt) Trial observation >- - Staff member of International .... III Secretariat Z'" � June Algeria - Amand d'lIondt (Belgium) Trial observation c 265 June Singapore - Soli Sorabjee (India) Discuss Amnesty International's -Staffmember oflnternational concerns with government Secretariat authorities/Research JunelJuly Brazil - Louis Joinet (France) Research -Two staff members of International Secretariat JunelJuly Haiti -Staffmember of International Research Secretariat JunelJuly Cape Verde - PI auto Rocha (Brazil) Research July Tunisia -Staffmemb er oflnternational Research Secretariat July Philippines - Diego Garcia-Sayan (Peru) Discuss Amnesty International's - Staffmemb er oflnternational concerns with government Secretariat authorities July United Kingdom - Wesley Gryk (USA) Research - Staff memberofl nternational Secretariat July Spain - Hans Rau (Federal Republic Trial observation of Germany) - Staff member oflnternational Secretariat August Uganda - Bashir Kwaw-Swanzy (Ghana) Trial observation August/ Israel/Occupied - Menno Kamminga Trial observation September Territories (Netherlands) August! Honduras -Jaime Miralles (Spain) Discuss Amnesty International's September - Rona Weitz (USA) concerns with government -Two staff members of authorities/Research International Secretariat September Taiwan (Republic of -Two staff members of Discuss Amnesty International's China) International Secretariat concerns with government authoritieslResearch September Norway - Wolfgang Heinz (Federal Research Republic of Germany) September Tunisia - Bacre Waly Ndiaye (Member Trial observation oflnternational Executive Committee) October Zaire - Two staff members of Discuss Amnesty International's International Secretariat concerns with government authorities October Turkey -Staff member of lnternational Research Secretariat October Argentina - Secretary General of Amnesty Discuss Amnesty International's International concerns with government - Staff member oflnternational authorities Secretariat October People's Democratic - Adel Amin (Egypt) Trial observationlDiscuss RepublicofYemen - Two staff members of Amnesty International's International Secretariat concerns with government • authorities J: ,.,z October/ Jamaica -Two staff members of Research en November Barbados International Secretariat � Grenada Z ... Trinidad ,., '" z October Thailand -Harris van Beek (Australia) Discuss Amnesty International's • ::l - Staffmemb er of International concerns with government 0 Secretariat authorities z ,..• November Kenya -Alexander Milne (UK) Observe inquest '" ,., ." November United Kingdom - Stephanos Stavros (Greece) Observe appeal hearing 0 '" ... November United Kingdom - Staff member oflnternational Research .. ID Secretariat .. .. 266 November Spain - Staff member of International Research Secretariat November Austria - Secretary General of Amnesty Discuss Amnesty International's International concerns with government - Staff memberofl nternational authorities Secretariat November Malaysia - Staffmember of International Researchrrrialobservation Secretariat November! Venezuela - Andrew Blane (USA) Discuss Amnesty International's December - Jaime Miralles (Spain) concerns with government - Staff memberof International authorities Secretariat November! United Kingdom - Staffmember ofInternational Research/Attend court hearing December Secretariat November! Nicaragua - Yvon Le Bot (France) Research December - Staffmemb er of International Secretariat November! Brazil - Staffmember of International Research December Secretariat December Senegal - Staffmember of International Research Secretariat December Israel/Occupied -Two staff members of Research Territories International Secretariat December Norway - Staff member of International Research Secretariat December Malaysia -Staff member of International Observe hobeos corpus appeal Secretariat December 1987! Egypt - Secretary General of Amnesty Discuss Amnesty International's January 1988 International concerns with government -Two staff members of authorities International Secretariat

Cl) Cl) � � � '" .. c z o

�z '" '" !

III� '" Z :lE c APPENDIX I

267 STATUTE OF AMNESTY INTERNATIONAL Articles 1 and 2 t:amended by the 18th International Council. meetinain uas de Lindoia. Brazil. 30 November-6 December 1987 Object Methods 1. CONSIDERING that every person has 2. In order to achieve the aforesaid object, the right freely to hold and to express AMNESTY INTERNATIONAL shall: his or her convictions and the a. at all times maintain an overall obligation to extend a like freedom to balance between its activities in AMNESTY others , the object of relation to countries adhering to the INTERNATIONAL shall be to secure different world political ideologies throughou t the world the observance of and groupings; the provisions ofthe Universal Declaration of Human Rights, by: b. promote as appears appropriate the adoption of constitutions, a. irrespective of political conventions, treaties and other considerations working towards the measures which guarantee the rights release of and providing assistance contained in the provisions referred to persons who in violation ofthe to in Article 1 hereof; aforesaid provisions are imprisoned, detained or otherwise c. support and publicize the activities physically restricted by reason of of and cooperate with international their political, religious or other organizations and agencies which conscientiously held beliefs or by work fo r the implementation ofthe reason of their ethnic origin, sex, aforesaid provisions; colour or language, provided that d. take all necessary steps to establish they have not used or advocated an effective organization of sections, violence (hereinafter referred to as affiliated groups and individual "prisoners of conscience"); members; b. opposing by all appropriate means e. secure the adoption by grou ps of the detention of any prisoners of members or supporters of individual conscience or any political prisoners of conscience or en trust to prisoners without trial within a such groups other tasks in support of reasonable time or any trial the object set out in Article 1; procedures relating to such prisoners that do not conform to f. provide financial and other reliefto internationally recognized norms; prisoners of conscience and their dependants and to persons who c. opposing by all appropriate means have lately been prisoners of the imposition and infliction of conscience or who might reasonably death penalties and torture or other be expected to be prisoners of cruel, inhuman or degrading conscience or to become prisoners of treatment or punishment of conscience if convicted or if they prisoners or other detained or were to return to their own restricted persons whether or not countries, to the dependants of such :. lI: they have used or advocated persons and to victims oftorture in z m violence. Cl> need of medical care as a direct � result thereof; z -< g. work fo r the improvement of m '"z conditions for prisoners of :. ::J 0 conscience and political prisoners; z :. h. provide legal aid, where necessary ... m'" and possible, to prisoners of ... 0 conscience and to persons who '"-< might reasonably be expected to be :;;.. prisoners of conscience or to become .. APPENDIX I

268 prisoners of conscience if convicted I. send investigators, where or if they were to return to their own appropriate, to investigate countries, and, where desirable, allegations that the rights of send observers to attend the trials of individuals under the aforesaid such persons; provisions have been violated or threatened; i. publicize the cases of prisoners of conscience or persons who have m. make representations to otherwise been subjected to international organizations and to disabilities in violation ofthe governments whenever it appears aforesaid provisions; that an individual is a prisoner of conscience or has otherwise been j. investigate and publicize the subjected to disabilities in violation disappearance of persons where of the aforesaid provisions; there is reason to believe that they may be victims of violations ofthe n. promote and support the granting of rights set out in Article 1 hereof; general amnesties of which the k. op pose the sending of persons from beneficiaries will include prisoners of conscience; one country to another where they can reasonably beexpected to o. adopt any other appropriate become prisoners of conscience or to methods for the securing of its face torture or the death penalty; object.

The full text of the Statute of Amnesty International, is available free upon request from: Amnesty International International Secretariat, 1 Easton Street, London WC1X 8DJ, United Kingdom.

APPENDIX 11

AMNESTY INTERNATIONAL NEWS RELEASES 1987

28 January 12 March Amnesty International calls for protection Amnesty International calls for inquiry of imprisoned South African church into reported massacresby Syrian military leader and Syrian-backed forces in Lebanon 31 January 23 April Amnesty International in urgent plea for Amnesty International calls on Benin authorities to spare lives of fivescheduled Government to release prisoners of to hang in Jamaica next week conscience 9 February I1 May .. .. "Dead" political prisoners in Peru Amnesty International says Guatemalan � interrogated in secret custody, says Government must investigate past � Amnesty International atrocities by security fo rces � ...... 19 February 13 May .J C US death penalty appears arbitrary, Amnesty International calls fo r Iran to Z o racially biased and violates treaties, abandon pattern of cruelty and Amnesty International says z� inhumanity and abide by international '" .... 20 February human rights treaties ! Amnesty International says Jamaican 14 May

III� execution would flout international Amnesty International calls for immediate .... Z human rights treaty release of jailed human rights activist Z c leader in Tunisia APPENDIX 11

27 May 30 September 269 Amnesty International says Turkish Amnesty International says governments Government is sending hundreds of block refugees rather than tackle abuses asylum-seekers back to Iran that cause their plight 29 May 26 October Amnesty International calls on Singapore El Salvador: Amnesty International says Government to free 16 believed prisoners Government must investigate killing of of conscience human rights leader 1 June 28 October Amnesty International in last minute ca ll Palestinians among thousands tortured in to spare lives of 12 due todie in US, fears Syria in recent years, says Amnesty executions there could double this year International 3June 29 October Thousands ofKampuchean political Amnesty International calls for release of prisoners held without trial in recent years Malaysian prisoners of conscience have been tortured and kept in cruel and 30 October inhuman conditions, says Amnesty Amnesty International calls fo r end to International arbitrary arrests in Bangladesh 22 June 12 November Amnesty International calls on Sri Lanka Amnesty International reports on political Government to protect victims of torture imprisonment and torture in Nepal and "disappearances" by security fo rces 18 November 26 June Argentina's "Due Obedience" Law Amnesty International calls for release of threatens human rights advances gained church workers and others held witilOut from landmark trial of junta leaders, says trial under Singapore's Internal Security Amnesty International Act 30 November 8July Amnesty International urgently calls on Amnesty International cites political Haitian authorities to prevent killings of imprisonment, ill-treatment of detainees unarmed civilians and harassment of government critics in 6 December Romania Amnesty International announces global 22 July campaign against death penalty in new Human rights under serious attack in two-year strategy against human rights Kenya - Amnesty International cites abuses government program to silence opponents 14 December 13 August Amnesty International calls fo r Amnesty International in urgent call for commutation of death sentences in release ofIndonesian prisoners of People's Democratic Republic ofYemen conscience 17 December 8 September Amnesty International calls fo r urgent Torture in China persistent and inquiries into killings by Israeli soldiers widespread, says Amnesty International 18 December ,. 18 September K Amnesty International says torture z Amnesty International's "grave doubts" ,., unabated in Turkey since elections III .... about Tunisian trial ofIslamic movement .. leaders � ,., 22 September 21 Z Amnesty International cites �o indiscriminate killing of unarmed z ,. civilians by army in Suriname ,... 21 28 September � Amnesty International calls fo r � ... commutation of death sentences in ID ... Tunisia ... APPENDIX III

270 AMNESTY INTERNATIONAL AROUND THE WORLD

There are now more than 3,860 local supporters and recipients of Amnesty Amnesty International groups in over 60 International information (such as the countries around the world. In 47 coun­ monthly Amnesty International Ne ws­ tries these groups are coordinated by sec­ letter) in more than 150 countries and tions, whose addresses are given below. In territories. addition, there are individual members,

SECTION ADDRESSES Australia: Denmark: Amnesty International, Amnesty International, Danish Section, Australian Section, Frederiksborggade 1, 1360 Copenhagen K PO Box A 159, Sydney South, Ecuador: New South Wales 2000 Senores, Casilla 240, Sucursal 15, Quito Austria: Faroe Islands: Amnesty International,Austrian Section, Amnesty International, WiednerGiirtel 12/7 1040 Wien Faroe Islands Section, Bangladesh: PO Box 1075, FR-I10 Torshavn clo Amnesty International, CMD, Finland: International Secretariat, 1 Easton Street, Amnesty International, Finnish Section, London WC1X 8DJ Ruoholahdenkatu 24, Barbados: SF-00180 Helsinki Amnesty International, Barbados Section, France: PO Box 872, Bridgetown, Barbados, Amnesty International, French Section, West lndies 4 rue de la Pierre Levlle,75553 Paris Belgium: Cedex 11 Amnesty International, Belgian Section Federal Republic of Germany: (Flemish branch), Kerkstraat 156, Amnesty International, 2008 Antwerpen Section of the FRG, Amnesty International, Belgian Section Heerstrasse 178, 5300 Bonn 1 (francophone branch), 9 rue Berckmans, 1060 BruxeIles Ghana: Amnesty International, Brazil: Ghanaian Section, PO Box 1173, Koforidua Anistia Internacional, Rua Harmonia 899, Greece: 05435 - Sao Paulo - SP Amnesty International, Greek Section, 20 Mavromihali Street, Athens10 6-80 Canada: Amnesty International, Canadian Section Guyana: (English-speaking branch), Amnesty International, Guyana Section, 130 Slater Street, Suite 800, Palm Court Building, 35 Main Street, Ottawa, Ontario, K1P 6E2 Georgetown, Guyana Amnistie Internationale, Hong Kong: Section canadienne (francophone), Amnesty International, 3516 aye du Parc, Montreal, Hong KongSect ion, Quebec, H2X 2H7 216 Beverley Commercial Centre, Chile: 87-105 Chatham Road, Kowloon Senores, Casilla 4062, Santiago Iceland: Cote d'Ivoire: Amnesty International, Amnesty International, Section Icelandic Section, Cote d'Ivoire, 04 BP 895, Abidjan 04 PO Box 618, 121 Reykjavik APPENDIX III

India: Puerto Rico: 271 Amnesty International, Indian Section, Calle Cabo Alverio 562, clo Dateline Delhi, 21 North End Complex, Ext. Roosevelt Hato Rey,San Juan 00918 Panchkuin Road, Senegal: New Delhi 110001 Amnesty International. Ireland: Section senegalaise, Amnesty International, Irish Section, 126 rue Joseph Gomis (ex rue de Bayeux), 8 Shaw Street, Dublin 2 B.P. 3813, Dakar

Israel: Spain: Amnesty International, Israel Section, Amnesty International, PO Box 23003, Tel Aviv, 61230 Paseo de Recoletos 18, Piso 6, 28001 Madrid Italy: Amnesty International, Italian Section, Sri Lanka: viale Mazzini 146, 00195 Rome Amnesty International, Sri Lanka Section, clo Amnesty International, CMD, Japan: International Secretariat, 1 Easton Street, Amnesty International, Japanese Section, London WC1X 80] Daisan-Sanbu Building 3F, 2-3-22 Nishi­ Waseda, Shinjuku-ku, Tokyo 160 Sweden: Amnesty International, Swedish Section, Luxembourg: Amnesty International, Gyllenstiernsgatan 18, S-1 15 26 Luxembourg Section, Stockholm Boite Postale 1914, Switzerland: 1019 Luxembourg Amnesty International, Swiss Section, Mexico: PO Box 1051, CH-3001 Bern Secci6n Mexicana de Amnistfa Tanzania: Internacional, Amnesty International, Ap. Postal No. 20-217, San Angel, Tanzanian Section, CP 01000 Mexico OF National Secretariat, PO Box 4904, Oar es Salaam Nepal: clo Amnesty International, CMD, Trinidad and Tobago: International Secretariat, 1 Easton Street, Amnesty International, London WC1X 8DJ Trinidad and Tobago Section, PO Bag231, Woodbrook PO, Netherlands: Port of Spain, Trinidad, West Indies Amnesty International, Dutch Section, Keizersgracht 620, 1017 ER Amsterdam Tunisia New Zealand: Al Section Tunisienne, Amnesty International, sIc 40 bis Rue Ibn Khaldoun, New Zealand Section, Tunis 1001 PO Box 6647, Te Aro, Wellington 1 Turkey: clo Amnesty International, CMD, Nigeria: International Secretariat, 1 Easton Street, Amnesty International, Nigerian Section, London WC1X8DJ PMB 59 Agodi, Ibadan, OyoState United Kingdom: Norway: Amnesty International, 5 Roberts Place, Amnesty International, offBowling Green Lane, London ECl OEJ Norwegian Section, Maridalsveien 87, 0461 Oslo 4 United States ofAmerica: Amnesty International of the USA Peru: (AIUSA), Senores, Casilla 581, Lima 18 322 8th Ave, New York, NY 10001 Portugal: Venezuela: SecciioPortuguesa AI. Senores Amnistfa Internacional, .. Apartado 1642, 1016 Lisboa Codex Apartado 5110, Caracas 1010 : 272 COUNTRIES WITHLOCA L AM NESTY INTERNATIONAL GROUPS, BU T NO SECTION

Aruba Republic of Korea Phili ppines Argentina Kuwait Sierra Leone Bermuda Mauritania Sudan Colombia Mauritius Thailand Costa Rica Morocco Uruguay Dominican Republic Netherlands Antilles USSR Egypt Papua New Guinea Zambia

APPENDIX IV

INTERNATIONAL EXECUTIVE COMMITTEE

Stephen R. Abrams / United States of America Peter R. Baehr / Netherlands Peter Duffy / United Kingdom Sofia Macher / Peru Bacre Waly Ndiaye / Senegal Ian Parker / International Secretariat Franca Sciuto / Italy Bill Shipsey / Ireland Patrice Worms / Brazil

.. .. � :;: ...� '" .... c z o

z� ...... � � ... z :E c APPENDIX V

273 SELECTED INTERNATIONAL HUMAN RIGHTS TREATIES

(PARTIES AS OF 31 DECEMBER 1987)

International International Optional Convention Covenant on Covenant on Protocol to against Economic. Civil and ICCPR Torture and Social and Political Other Cruel. Cultural Rights Inhuman and Rights (ICCPR) Degrading (ICESCR) Treatment or Punishment

Afghanistan x x x Albania Algeria s s s Angola and Barbuda Argentina x x x x Australia x x s Austria x x x x

Bahamas Bahrain Bangladesh Barbados x x x Belgium x x s Belize x Benin Bhutan Bolivia x x x s Botswana Brazil s Brunei s Bulgaria x x x Burkina Faso Burma Burundi Byelorussian SSR x x x

Cameroon x x x x Canada x x x X :. K Cape Verde z ,.,III Central African Republic x x x :;! Chad z .....,., Chile x x s z"" s � China Q z x x X x :. Colombia � "" Comoros ,., Congo x x x �"" ..... Congo x x x :;;.. Costa Rica x x x s .. APPENDIX V

274 International International Optional Convention Covenant on Covenant on Protocol to against Economic. Civil and ICCPR Torture and Social and Political Other Cruel. Cultural Rights Inhuman and Rights (ICCPR) Degrading (ICESCR) Treatment or Punishment

Cote d'Ivoire Cuba s x x s s Czechoslovakia x x s

Denmark x x x x Djibouti Dominica Dominican Republic x x x s

Ecuador x x x s Egypt x x x El Salvador x x s Equatorial Guinea x x x Ethiopia

Federal Republic of Germany x x s Fiji Finland x x x s France x x x x

Gabon x x s Gambia x x s German Democratic Republic x x x Ghana Greece x s Grenada Guatemala Guinea x x s s Guinea-Bissau Guyana x x

., ., Haiti � ... Holy See "" 0 ... Honduras x s s ... "" .... Hungary x x x c z 0 >= Iceland x x x s c z "" India x x ...... Indonesia s !!: Iran x x '"r; ... z Iraq x x :lE c Ireland s s International International Optional Convention 275 Covenant on Covenant on Protocol to against Economic. Civil and ICCPR Torture and Social and Political Other Cruel. Cultural Rights Inhumanand Rights (ICCPR) Degrading (ICESCR) Treatment or Punishment

Israel s s s

Italy x x x s

Jamaica x x x

Japan x x

Jordan x x

Kampuchea s s

Kenya x x

Korea (DPR) x x Korea (Republic) Kuwait

Lao People's Democratic Republic

Lebanon x x Lesotho

Liberia s s

Libyan Arab Jamahiriya x x

Liechtenstein s

Luxembourg x x x x

Madagascar x x x Malawi Malaysia

Mali x x

Malta s Mauritania

Mauritius x x x

Mexico x x x Monaco

Mongolia x x :. I: z Morocco x x ,., s UI Mozambique :;! z .... ,., Nauru '" z :. Nepal � 0 Netherlands x x z x s :. r- New Zealand x x s '" ,., ." Nicaragua x x x S 0 '" .... Niger x x x ..:D Nigeria .. 276 International International Optional Convention Covenant on Covenant on Protocol to against Economic. Civil and ICCPR Tortureand Social and Political Other Cruel. Cultural RIghts Inhuman and Rights (ICCPR) Degrading (ICESCR) Treatment or Punishment

Norway x x x x

Oman

Pakistan Panama x x x x Papua New Guinea Paraguay Peru x x x s Philippines x x s x Poland x x s Portugal x x x s

Qatar

Romania x x Rwanda x x

St Lucia St Christopher and St Vincent and1he Grenadines x x x Samoa San Marino x x x Sao Tome and Principe Saudi Arabia Senegal x x x x Seychelles Sierra Leone s Singapore Solomon Islands x Somalia South Africa Spain x x x x .. .. Sri Lanka x x � x x s � Sudan Cl: x x x ...� Suriname Cl: ... Swaziland c z x x x x 0 Sweden � c Switzerland x z Cl: ... Syria x x � ! Tanzania x x �'" ... z Thailand Ii c Togo x x x International International Optional Convention 277 Covenant on Covenant on Protocol 10 against Economic. CiviIand ICCPR Torture and Social and Political OtherCruel. Cultural Rights Inhumanand Rights (ICCPR) Degrading (ICESCR) Treatment or Punishment

Tonga Trinidad and Tobago x x x Tunisia x x s Turkey

Uganda x x Ukrainian SSR x x x Union of Soviet Socialist Republics x x x United Arab Emirates United Kingdom x x s United States of America s s Uruguay x x x x

Vanuatu Venezuela x x x s Viet Nam x x

Yemen (Arab Republic) Yemen (People's x x Democratic Republic) Yugoslavia x x

Zaire x x x Zambia x x x Zimbabwe

s - denotes that country has signed.

x - denotes that country isa party, either through ratification or accession.

The countries listed in this chart are those included in the official United Nations publication entitled Human Rights InternationalIns truments: Signatures, Ratifications, Accessions etc. APPENDIX YI

278 SELECTED STATISTICS

AMNESTY INTERNATIONAL cases of death threats, sentencing to MEMBERSHIP amputation, ill-treatment, death in deten­ At the beginning of 1988 there were tion, or hunger-strike in support of de­ ' Amnesty International Sections in 47 mands within Amnesty International's countries and 3,863 AI volunteer groups mandate. worldwide. There were more than 700,000 members and subscribers in over 150 REGIONAL ACTION countries. NETWORKS Amnesty International's Regional Action PRISONER CASES Networks cover human rights abuses in AND RELEASES almost all of the world's countries. During In 1987 a total of 3,534 individuals were 1987 participants in 19 of these networks adopted as prisoners of conscience or remained ready to take action when abuses under investigation as possible prisoners occurred in Africa, the Americas, Asia and of conscience. During 1987, action began the Pacific, Europe and the Middle East on 1,128 new prisoner cases and 1,689 and North Africa. In 1987 the Regional prisoners were released. Action Networks worked on the cases of more than 2,000 victims of human rights URGENT ACTION abuse. APPEALS During 1987 Amnesty International initi­ AMNESTY INTERNATIONAL FUNDING ated 373 Urgent Action appeals on behalf The budget adopted by Amnesty Interna­ of more than 2,000 people in 82 countries. tional for 1987 was £7,388,900. This sum Of these appeals, 67 were prompted by represents approximately one third of the reports of torture and nine were made on estimated income likely to be raised dur­ behalf of prisoners in a critical state of ing the year by the movement's national health and urgently in need of medical sections. Amnesty International's national treatment. One hundred and five appeals sections and local volunteer groups are were issued in cases of arbitrary arrest, responsible fo r fu nding the movement. prolonged incommunicado detention, de­ There is no central fu nd-raising program tention without charge or trial or unfair and no money is sought or accepted from trial. Eighty-three appeals related to extra­ governments. The donations that sustain judicial killings or "disappearances" and Amnesty International's work come from 82 were made on behalf of prisoners sen­ its members and the public. tenced to death. Others were issued in

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