TABLE OF CONTENTS

FOREWORD ...... VI ALBANIA ...... 1 The UN Human Rights Committee ...... 1 Albania ratifies Protocol 12 of the ECHR ...... 1 Impunity ...... 1 Allegations of custodial torture and ill-treatment ...... 1 Alleged custodial ill-treatment of children ...... 2 Death in custody of Eriguert Ceka ...... 2 Conditions of detention ...... 2 Violence against Women ...... 3 Trafficking of women and children for forced prostitution and cheap labour ...... 3 Violence in the family ...... 3 ARMENIA ...... 3 Conscientious objection (update to AI Index: EUR 01/004/2202, 01/002/2003 and 01/005/2004) . 3 Religious Freedom ...... 4 Police ill-treatment and conditions of detention ...... 4 AZERBAIJAN ...... 4 Admissibility of torture evidence (update to AI Index: EUR 01/001/2004 and EUR 01/005/2004) .. 4 Judicial harassment of human rights defender (update to AI Index: EUR 01/001/2004) ...... 5 Police ill-treatment and conditions of detention ...... 6 Nagorno-Karabakh ...... 6 Death penalty (update to AI Index: EUR 01/003/2000) ...... 6 Torture and unfair trial (update to AI Index: EUR 01/003/2000, 01/001/2001 and 01/003/2001) ...... 6 BELARUS ...... 6 International concern about human rights (update to AI Index: EUR 01/005/2004) ...... 6 “Disappearances” (update to AI Index: EUR 01/005/2004) ...... 6 Freedom of Expression ...... 7 Trade Union Rights ...... 7 Prisoners of Conscience ...... 8 Mikhail Marinich...... 8 Aksana Novikava [update to AI Index: EUR 01/005/2004 and EUR 49/005/2004] ...... 8 Yury Bandazhevsky (update to AI Index: EUR 01/005/2004) ...... 8 BELGIUM ...... 8 UN Human Rights Committee scrutinizes Belgium’s record ...... 8 Deportation of foreigners ...... 10 Independent commission re-evaluating methods used during forcible deportations of foreigners (Update to AI Index: EUR 01/005/2004) ...... 10 Disciplinary proceedings relating to the death of Semira Adamu in 1998 (Update to AI Index:EUR 01/001/2004) ...... 10 BOSNIA-HERZEGOVINA ...... 11 General and political developments ...... 11 War crimes and crimes against humanity ...... 11 International investigations and prosecutions ...... 11 Domestic investigations and prosecutions ...... 12 Unresolved 'disappearances' and Srebrenica commission ...... 13 Right to return in safety and with dignity ...... 13 “War on terror”...... 14 Accountability of peacekeeping forces ...... 14 Human trafficking ...... 14 Committee for the Prevention of Torture ...... 14 BULGARIA ...... 14 Social care homes for people with mental disabilities ...... 15 Discrimination against Roma ...... 15 Excessive use of firearms...... 16 CROATIA ...... 16

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General and political developments ...... 16 War crimes and crimes against humanity ...... 16 International prosecutions ...... 17 Domestic prosecutions ...... 17 Unresolved "disappearances" ...... 18 Right to return ...... 18 Rights of the child ...... 18 CYPRUS ...... 19 Discrimination against Roma ...... 19 Detention of refugees ...... 19 Conscientious Objection ...... 19 Committee for Missing Persons ...... 20 CZECH REPUBLIC ...... 20 Cage beds – a restraining method in violation of international human rights law ...... 20 Allegations of illegal sterilization of Romani women ...... 21 FRANCE ...... 21 Acts of racist or religious violence ...... 21 Ill-treatment by state agents...... 22 Unaccompanied children in border areas ...... 23 Torture proceedings in court ...... 23 Case updates ...... 23 Ricardo Barrientos ...... 23 “Yacine” ...... 24 GEORGIA ...... 24 International scrutiny ...... 24 Draft report and resolution by the Council of Europe’s Monitoring Committee ...... 24 European Court declared case filed by Jehovah’s Witnesses admissible ...... 25 Torture and ill-treatment in police custody ...... 25 Religious minorities ...... 26 Suspended sentences handed down in connection with a series of attacks on religious minorities (update to AI Indexes: EUR 01/002/2002, EUR 01/001/2004, and EUR 01/005/2004) ...... 26 The trial against Basil Mkalavishvili and six of his supporters (update to AI Index: EUR 01/005/2004) ...... 27 GERMANY ...... 27 Germany’s torture debate (update to AI Index: EUR 01/005/2004) ...... 27 Ratification of the Optional Protocol to the UN Convention against Torture ...... 27 Concerns about asylum-seekers and refugees ...... 28 New Immigration Act ...... 28 Refugee status revoked ...... 28 Asylum seekers from Chechnya (Russian Federation) ...... 28 GREECE ...... 28 Disputed deaths of migrants ...... 28 Ill-treatment of migrants ...... 29 Impunity concerns at end of trial proceedings (update to AI Index: EUR 01/005/2004) ...... 30 Trafficking of children ...... 30 Conscientious objection ...... 30 HUNGARY ...... 31 Death in suspicious circumstances and ill-treatment of Roma ...... 31 ITALY ...... 32 Scrutiny by the UN Committee on Economic, Social and Cultural Rights ...... 32 Asylum and immigration ...... 33 Temporary holding centres for aliens (Centri di permanenza temporanea) ...... 34 Criminal investigations into alleged ill-treatment of inmates (Update to AI Index: EUR 01/005/2004) ...... 35 Ill-treatment and excessive force by law enforcement officers on the streets and in detention facilities ...... 35

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Policing of 2001 demonstrations (see previous editions of AI Concerns in Europe and Central Asia, Italy)...... 36 The justice system ...... 37 Threats to the independence of the judiciary (see previous editions of AI Concerns in Europe and Central Asia, Italy) ...... 37 Excessive length of judicial proceedings ...... 37 Continued failure to introduce a crime of torture into the Penal Code ...... 37 International Criminal Court: failure to enact implementing legislation ...... 38 KAZAKSTAN ...... 38 “War on Terror” ...... 38 Freedom of Expression (update to AI Index: EUR 01/001/2004) ...... 38 KYRGYZSTAN ...... 38 Human rights defenders ...... 38 The death penalty ...... 39 Conditions on death row ...... 39 Extradited to execution in the name of the “War on Terror” ...... 39 Risks of extradition to execution ...... 39 MACEDONIA ...... 40 Background...... 40 Extra-judicial executions at Rashtanski Lozja in 2002 (update to AI Index EUR 01/005/2004) ...... 41 The “disappeared” and abducted in 2001 (update to AI Index EUR 01/005/2004) ...... 41 Police torture and ill-treatment ...... 41 CPT report published ...... 41 Violence against women: Domestic violence and the trafficking of women and girls for forced prostitution ...... 41 Refugees and internally displaced persons ...... 42 MALTA ...... 42 Asylum and immigration ...... 42 Conditions of detention ...... 42 Conclusion of magistrate’s inquiry into 2002 refoulement of Eritrean citizens (Update to AI Index: EUR 01/005/2004) ...... 43 Violence against women ...... 44 MOLDOVA...... 44 Torture and ill-treatment (Update to AI Index: EUR 01/005/2004) ...... 44 Self-proclaimed Dnestr Moldavian Republic (DMR) (update to AI Index: EUR 01/005/2004) ...... 45 The ‘Tiraspol Six’ (update to AI Index: EUR 01/005/2004) ...... 45 POLAND ...... 45 Concluding observations of the UN Human Rights Committee ...... 45 PORTUGAL ...... 46 Revision of the Constitution ...... 46 CERD Recommendations ...... 46 Prison concerns ...... 47 Albino Libanio ...... 47 Policing concerns ...... 48 ROMANIA ...... 49 Failures to protect the rights of people with mental disabilities ...... 49 New reports of ill-treatment by law enforcement officers ...... 51 Unlawful use of firearms by law enforcement officers ...... 52 RUSSIAN FEDERATION ...... 52 The Chechen Conflict ...... 52 Chechen Presidential Elections ...... 52 PACE session in October ...... 53 Abuses by Chechen armed opposition groups – targeting of civilians ...... 53 Hostage-taking – response of the authorities ...... 53 Reported abductions and “disappearances” of Aslan Maskhadov’s relatives (See AI Index: EUR 46/004/2005) ...... 54 The Zelimkhan Murdalov “disappearance” case (update to AI Index: EUR 46/027/2003) ...... 55

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Trial into the killing of six civilians (update to AI Index: EUR 46/027/2004) ...... 55 Political reforms to counter “terrorism” ...... 55 Violence against women ...... 55 Targeting of Human Rights Defenders ...... 56 Raid on the office of the Society for Russian-Chechen Friendship (see AI Index: EUR 46/059/2004) ...... 56 Harassment and intimidation of Society for Russian-Chechen Friendship activist Ruslan Susaev (see AI Index: EUR 46/062/2004) ...... 57 Apparent targeting of applicants to the European Court of Human Rights: Utsaev family (see AI Index: EUR 46/059/2004) ...... 57 Threats and intimidation of Timur Aliev (see AI Index: EUR 46/059/2004)...... 58 Bakhrom Khamroev ...... 58 Proposed restrictions to NGO funding ...... 58 Racism ...... 58 Murder of Vietnamese student Vu An Tuan in St Petersburg ...... 59 Death threats against human rights defender Dmitrii Kraiukhin (see AI Index: EUR 46/042/2004) ...... 59 Investigation into the murder of human rights defender Nikolai Girenko (see AI Index: EUR 46/038/2004) ...... 59 Prosecutions relating to other hate crimes ...... 60 Police brutality in the Republic of Bashkortostan ...... 60 Yukos case (update to AI Index: EUR 01/005/2004) ...... 62 SERBIA AND MONTENEGRO ...... 62 Background...... 62 War crimes ...... 62 Possible extra-judicial executions ...... 63 Trials and investigations into past political murders ...... 64 Police torture and ill-treatment ...... 64 Attacks on minorities...... 64 Violence against women and girls – domestic violence and the trafficking of women and girls for forced prostitution ...... 65 Kosovo (Kosova) ...... 65 War crimes ...... 65 Trials following the violence of 17 – 19 March 2004 ...... 65 Trafficking of women and girls for forced prostitution ...... 66 SLOVAKIA ...... 66 Ill-treatment of Roma ...... 66 Committee on the Elimination of Racial Discrimination ...... 66 Cage beds in psychiatric hospitals – inhuman and degrading treatment ...... 67 SPAIN ...... 68 European Court condemns Spain for failure to hold thorough and effective inquiry into torture allegations ...... 68 Government fails to respond to Human Rights Committee rulings ...... 69 Excessive use of force and ill-treatment by police officers ...... 70 Ill-treatment of Moroccans ...... 70 Mari Bernasar Triano ...... 70 Unaccompanied foreign children ...... 71 Ill-treatment of children...... 71 Prison ill-treatment ...... 71 SWITZERLAND ...... 72 Asylum ...... 72 Police racism, ill-treatment and use of excessive force...... 72 Updated case information ...... 72 Use of force during deportations under police escort ...... 74 Findings of the Council of Europe Committee for the Prevention of Torture ...... 74 Violence against women ...... 75 TAJIKISTAN ...... 75

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Torture, ill-treatment and impunity ...... 75 Perpetrators of ill-treatment in Nurek police station go unpunished (update to AI Index: EUR 01/005/2004) ...... 75 Moratorium on death sentences and executions ...... 76 UN Human Rights Committee ruling on death penalty cases ...... 76 TURKEY ...... 77 Law reforms ...... 77 Lack of monitoring mechanisms ...... 79 Torture and ill-treatment ...... 80 Killings in disputed circumstances ...... 81 Impunity ...... 82 Legacy of the past ...... 83 Freedom of expression and human rights defenders ...... 83 Violence against women ...... 84 TURKMENISTAN ...... 85 International concern about human rights ...... 85 Continued pressure on religious minorities ...... 85 Prisoner of conscience Gurbandurdy Durdykuliev ...... 86 Imprisoned conscientious objectors ...... 86 UKRAINE ...... 86 Presidential elections ...... 86 Freedom of expression ...... 87 Torture and ill-treatment ...... 87 “Disappearance” of Georgiy Gongadze (update to AI Index: EUR 01/001/2004) ...... 88 UNITED KINGDOM ...... 88 Internment in the UK (Update to AI Index: EUR 01/005/2004) ...... 88 Law Lords’ judgment ...... 89 UK’s fourth periodic report examined by the Committee against Torture ...... 90 Guantánamo Bay ...... 91 UK armed forces in Iraq ...... 92 Prisons ...... 93 Death in police custody ...... 93 Police shootings ...... 93 Army deaths in disputed circumstances ...... 93 Freedom of expression (update to AI Index EUR 01/005/2004) ...... 94 Refugees and asylum-seekers ...... 94 Northern Ireland ...... 94 Abuses by non-state actors ...... 95 UZBEKISTAN ...... 95 Human Rights Defenders ...... 95 The case of Ruslan Sharipov (update to AI Index: EUR 01/016/2003, EUR 01/001/2004 and EUR 01/005/2004) ...... 95 “Terrorism”-related arrests and trials (update to AI Index: EUR 01/005/2004) ...... 95 Trial and sentence of Nilufar Khaidarova (update to AI Index: EUR 01/005/2004) ...... 96 “Disappearances”...... 97 “Disappearance” of Farukh Khaidarov ...... 97 Abductions of imam Mannopzhon Rakhmatullaev and Ruvazhdin Rakhmanov ...... 97 Death penalty ...... 98 President Islam Karimov on the death penalty ...... 98 Harassment and intimidation of anti-death penalty activists ...... 98 Executed despite intervention by UN Human Rights Committee (update to AI Index: EUR 01/005/2004) ...... 99

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Europe and Central Asia

Summary of Amnesty International’s Concerns in the Region

July - December 2004

FOREWORD

This bulletin contains information about AI’s main concerns in Europe between July and December 2004. Not every country in Europe is reported on: only those where there were significant developments in the period covered by the bulletin, or where AI took specific action.

A number of individual country reports have been issued on the concerns featured in this bulletin. References to these are made under the relevant country entry. In addition, more detailed information about particular incidents or concerns may be found in Urgent Actions and News Service Items issued by Amnesty International.

This bulletin is published by Amnesty International every six months. References to previous bulletins in the text are:

AI Index EUR 01/01/98 Concerns in Europe: July - December 1997 AI Index EUR 01/02/98 Concerns in Europe: January - June 1998 AI Index EUR 01/01/99 Concerns in Europe: July - December 1998 AI Index EUR 01/02/99 Concerns in Europe: January - June 1999 AI Index EUR 01/01/00 Concerns in Europe: July - December 1999 AI Index EUR 01/03/00 Concerns in Europe: January - June 2000 AI Index EUR 01/001/2001 Concerns in Europe: July - December 2000 AI Index EUR 01/003/2001 Concerns in Europe: January-June 2001 AI Index EUR 01/002/2002 Concerns in Europe: July - December 2001 AI Index EUR 01/007/2002 Concerns in Europe: January – June 2002 AI Index EUR 01/002/2003 Concerns in Europe and Central Asia: July – December 2002 AI Index EUR 01/016/2003 Concerns in Europe and Central Asia: January – June 2003 AI Index EUR 01/001/2004 Concerns in Europe and Central Asia: July – December 2003 AI Index EUR 01/005/2004 Concerns in Europe and Central Asia: January – June 2004

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In July Albania ratified Protocol 12 to the ALBANIA European Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits discrimination by any public The UN Human Rights Committee authority on any ground such as sex, race, colour, language, religion, political or other Following its consideration of the initial opinion, national or social origin, report of Albania on its implementation of association with a national minority, the International Covenant on Civil and property, birth or other status. Political Rights, the UN Human Rights Committee, on 1 November, noted its Impunity concern “about allegations of arbitrary arrests and detention, the excessive use of Prosecutors did not always investigate force by law enforcement officials, ill- complaints of ill-treatment or did so only treatment of detainees in police custody after delay. Even when an investigation was and use of torture to extract confession formally opened, it was often inconclusive. from suspects”. The Committee further Prosecutors were reluctant to apply articles stated that “[i]t regrets that acts of torture of the Criminal Code dealing with torture by law enforcement officials are considered and “any other degrading or inhuman as ‘arbitrary acts’ only and treated treatment”, preferring to invoke lesser accordingly. It is also concerned that charges, such as “arbitrary acts”, which in despite several cases of investigations and practice is often punished with a fine. punishment of those responsible for ill- treatment, many cases have not been Allegations of custodial torture and ill- investigated properly and compensation to treatment victims has not been provided (art. 7).” Among the Committee’s recommendations Police officers were alleged to have tortured were that: “[T]he State party should take or ill-treated detainees during arrest and in firm measures to eradicate all forms of ill- police custody. Such practices were treatment by law enforcement officials and facilitated by violations of legal procedures, ensure prompt, thorough, independent and in particular the denial of the detainee’s impartial investigations into all allegations right of access to a lawyer from the of torture and ill-treatment. It should moment of arrest. prosecute perpetrators and ensure that they are punished in a manner Merita Kola [f], aged 22, was arrested on proportionate to the seriousness of the 23 July on a charge of trafficking for crimes committed, and grant effective prostitution. In a letter she subsequently remedies including compensation to the sent to the Prosecutor General and the 1 victims.” People’s Advocate she protested her innocence. She further complained: “After The Committee also urged Albania to they arrested me, they took me to Burrel reinforce remedies against trafficking, police station, where at 11.30pm I was domestic violence and the abuse and questioned without a lawyer”. She alleged exploitation of children. The Committee that (named) police officers swore at her, further called for guarantees for the slapped her and kicked her in the stomach independence of the judiciary, and for until she lost consciousness; they then protection of minority rights. revived her by pouring water on her. One officer allegedly tore the earring from one Albania ratifies Protocol 12 of the of her ears, causing heavy bleeding, and ECHR the chief prosecutor of Burrel allegedly threatened her. Following the publication of her allegations in the press on 6 August, 1 Concluding observations of the Human Rights Merita Kola was released and charges Committee, CCPR /CO/83/ALB, paragraph 13 against her were dropped.

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In September the School for Magistrates, In October, Gentian Pollo, a schoolteacher, with the assistance of UN Children’s Fund was among a number of people who were (UNICEF), started a training course for injured and required hospital treatment judges and prosecutors working with after masked police units entered two bars children. in the village of Lazarat in southern Albania to arrest a convicted criminal. He Death in custody of Eriguert Ceka subsequently alleged that police beat and kicked him while driving him, handcuffed, In July Eriguert Ceka, aged 17, suffered an to Gjirokaster police station, and again at injury to his head while in remand custody the police station. No charges were brought in Rrëshen police station on a charge of against him. theft. Three days later he died in Tirana military hospital. Shortly after, two police Complaints of ill-treatment by remand and officers were arrested in connection with his convicted prisoners were less frequent, but death for investigation on charges of in September a group of prisoners held in “arbitrary acts”, “abuse of duty” and Prison 302 complained of ill-treatment by infringing the rules of service. In separate prison guards. In August the parents of two trials in November and December the remand prisoners complained that their officers, Viktor Shtjefanaku and Gjon Reci, sons, held in Kukës police station, had been were convicted of contravening service beaten by police. rules and sentenced to seven months’ and eight months’ imprisonment respectively. Alleged custodial ill-treatment of children The court failed to establish how Eriguert Ceka came to be injured. In November the Children’s Human Rights Centre of Albania (CRCA) published a report, Conditions of detention No one to care, based on visits by its monitors to police stations and remand The conditions of detention in police centres during the period from 2000 to stations, with poor ventilation, sanitation 2004. The CRCA stated that nearly all the and diet, and no heating or access to children (aged 14 to 17) interviewed television, radio or reading materials, in alleged that they had been ill-treated by most cases remained unchanged and often police during or following arrest, often to could be considered as inhuman and force them to confess to crimes. The report degrading. In July the Albanian Human cited, among others, the cases of S.T., Rights Group visited Shkodër police station aged 17, and his younger brother, E.T., and reported that about 140 detainees were aged 15, who were arrested in 2004 on a held there, although it had capacity for only charge of armed robbery, and held in pre- 45. In one cell measuring about 18 square trial detention in Gjirokastër police station. metres, there were 30 detainees. At the S.T. told CRCA monitors that during time the temperature was 42° C, and the questioning he was repeatedly beaten and cell had only three small windows. The punched by five police officers. “I told them Minister of Justice ordered that all prisoners right at the beginning where I had put the convicted in final instance held in police gun and money, but they didn’t believe stations were to be transferred to prisons me.” He alleged that his younger brother by the end of July. This temporarily reduced was similarly beaten. the severe overcrowding in police stations, although it increased overcrowding in The CRCA expressed particular concern that, prisons. In November the Albanian Helsinki in violation of the law, children continued to Committee again reported overcrowding be held in cells together with adults, which and poor hygiene in Fier and Krujë police exposed them to abuses, including potential stations. The implementation of a sexual abuse. government decision to transfer responsibility for all pre-trial detention

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premises from the Ministry of Public Order Family Code, adopted in 2003, a spouse to the Ministry of Justice continued to be who has been subjected to domestic delayed. A European Union-assisted prison violence may ask a court to ban the reform plan for the construction of new perpetrator from the home, but this remand and prison facilities was announced measure could not be applied by courts for in September. lack of supporting legislation. In October an initiative was launched by 10 Albanian Violence against Women NGOs to draft legislation against domestic violence. Trafficking of women and children for forced prostitution and cheap labour ARMENIA Albania continued to be a source country for the trafficking of women and children, mostly to EU countries, for forced prostitution, cheap labour or use as beggars, Conscientious objection (update to with most victims of these forms of AI Index: EUR 01/004/2202, exploitation leaving the country by land. 01/002/2003 and 01/005/2004) According to Vatra, a shelter in Vlora for trafficked women, the number of trafficked In July a law entered into force providing women returned from EU countries for the unarmed military service of three increased in 2004. Prosecutions for the years or alternative civilian service under trafficking of women and children doubled the Ministry of Defence for three-and-a-half by comparison with the previous year, and years – almost double the length of heavy sentences were imposed. However, ordinary military service – for young men the problem of the protection of witnesses objecting to compulsory armed military remained: because of lack of secondary service on the grounds of their religious legislation and funding very few victims beliefs or convictions. However, benefited from a witness protection law conscientious objectors continued to be adopted in March. sentenced to prison despite applying to do alternative civilian service, reportedly Violence in the family because they were called up for military service before the entry into force of the Independent studies, and the experience of law. Conscientious objectors still serving non-governmental organizations (NGOs) prison sentences in July were not released working with women, indicated that as a result of the entry into force of the law, domestic violence was common. Domestic despite Council of Europe recommendations violence counselling centres in Tirana, for the Armenian authorities to free all Berat , Shkodër and Pogradec reported in those so imprisoned. In its Resolution 1361 November that they had received 6,670 adopted on 27 January 2004, the calls for help calls in the last three years, Parliamentary Assembly of the Council of but concluded that many other women Europe had “expressed its indignation at were reluctant to report domestic violence. the fact that 20 or so young people who In December it was announced that a refuse to perform military service are still in project organized by UNICEF, the School for prison. It therefore demands that they be Magistrates, and an NGO, the Women’s released immediately by presidential Advocacy Centre, would provide specialist pardon pending the entry into force on 1 training to judges, prosecutors and judicial July 2004, of the law on alternative civilian police on how to handle cases of domestic service.” violence. As of the end of December prison sentences The Criminal Code did not specifically of between one and two years had been criminalize domestic violence. Under the imposed on 13 men, all Jehovah’s Witnesses, as a result of their conscientious

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objection, because alternative service chairman of the Musavat (Equality) party arrangements were reportedly not yet in and editor-in-chief of the Yeni Musavat place. One had received a fine. A further 11 opposition newspaper, was sentenced to had been released on parole. Two were five years’ imprisonment; Arif Hajili and awaiting trial at the end of the year. Ibrahim Ibrahimli, also deputy chairmen of Musavat, received five and three years’ Religious Freedom respectively; Panah Huseynov, chairman of the Khalq (People) party was sentenced to In October the Ministry of Justice finally four-and-a-half years’; Etimad Asadov, registered the Jehovah’s Witnesses. They chairman of the Karabakh's Invalids had sought registration for nine years. They Association to two-and-a-half years’; had not been allowed to print or import Sardar Jalologlu, the executive secretary of religious literature, hold religious the Azerbaijan Democratic Party to four- conventions or meetings or build places of and-a-half years’; and Igbal Agazade, the worship. chairman of the Umid (Hope), to three years’ imprisonment. Police ill-treatment and conditions of detention During cross-examination in court several witnesses for the prosecution and others for In July the report on the first visit to the defence reportedly retracted earlier Armenia by the Council of Europe’s testimony stating that law enforcement Committee for the Prevention of Torture or officials, including by the use of force, had Inhuman or Degrading Treatment or pressured them to make incriminating Punishment (CPT) was published. The statements against the seven defendants. report concerned the CPT’s first visit to Individual law enforcement officials, Armenia in 2002. It concluded that people accused by some of the seven defendants detained ran a significant risk of being ill- of having tortured or ill-treated them, treated, and recommended professional denied in court that they had committed training for police officers as a priority. The any human rights violations. The court report also raised concerns about reportedly ordered no prompt and impartial overcrowding in prisons, conditions of investigations into any allegations of torture detention for people sentenced to life and ill-treatment. imprisonment, and shortcomings at a psychiatric hospital. The Organization for Security and Co- operation in Europe (OSCE), which had monitored the trial, expressed dismay at the “harshness” of the sentences. The AZERBAIJAN OSCE stressed their concern about “pervasive and credible allegations” of torture and ill-treatment of some of the Admissibility of torture evidence defendants and the witnesses, as well as (update to AI Index: EUR the court’s failure to investigate such 01/001/2004 and EUR 01/005/2004) allegations and to exclude evidence obtained under torture. The Parliamentary On 22 October the Court of Grave Crimes Assembly of the Council of Europe (PACE) handed down sentences of between two- had earlier called the seven defendants and-a-half and five years’ imprisonment to “presumed political prisoners” and had seven opposition politicians who had gone asked for them to be released or pardoned on trial in May for their alleged participation as part of Azerbaijan’s obligations and in violent clashes between opposition commitments as a member state of the supporters and law enforcement officers in Council of Europe. the wake of the presidential elections in October 2003. Rauf Arifoglu, a deputy On 19 November the Court of Appeals upheld the original verdict. An appeal

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against the verdict was still pending with Ilgar Ibrahimoglu consistently denied any the Supreme Court at the end of the year. involvement in organizing or participating in the post-election disturbances, and alleged There was widespread concern about that his arrest and prosecution were meant allegations that, after they were reportedly to punish him for his human rights activities; arbitrarily detained in October 2003, some “for the implementation of the ideas of of the seven opposition politicians had been tolerance, and inter-confessional and inter- tortured by members of the Ministry of religious peace and agreement”. Ilgar Internal Affair’s Organized Crime Unit to Ibrahimoglu is a coordinator of Devamm force them to confess to having organized and secretary general of the Azerbaijani or participated in the post-election violence, Chapter of the International Religious and to denounce the opposition electoral Liberty Association (IRLA). He has worked bloc Bizim Azerbaijan (Our Azerbaijan) and closely with the Baptist community in its presidential candidate, Isa Gambar, the Azerbaijan and campaigned for mosques to chairman of Musavat and runner-up in the be allowed to operate independently from election, who had been placed under house the Caucasian Muslim Spiritual arrest. Others had been reportedly detained Administration, which exercises control over in cruel, inhuman and degrading conditions. all mosques in Azerbaijan and is closely linked to the regime. Judicial harassment of human rights defender (update to AI Index: EUR The Juma mosque was not under the 01/001/2004) authority of the Caucasian Muslim Spiritual Administration. In March a district court in On 2 April 2004 the Baku Court of Grave Baku ordered the community out of the Crimes handed down a five-year suspended 1000-year-old Juma mosque on the sentence to human rights activist and imam grounds that it was an historical building (Islamic leader) of the independent Juma and that the community had no rental (Friday) mosque, Ilgar Ibrahimoglu agreement. An appeal court upheld the Allakhverdiev, for his alleged participation eviction order in April. Although an appeal in the post-election violence. He was by the Juma mosque community against released from the courtroom. the eviction order was still pending with the Supreme Court, police officers raided the In October 2003 police had raided the Juma mosque on 30 June during morning prayers mosque in the old town of Baku during in an attempt to forcibly evict imam Ilgar Friday prayers. They were reportedly trying Ibrahimoglu and members of the to detain Ilgar Ibrahimoglu as well as his community. Scores of worshippers alleged colleague Azer Ramizoglu, also a human that police beat them during the eviction. rights activist and leader of Devamm The mosque was reportedly handed over to (Centre for the Protection of Freedom of the Caucasian Muslim Spriritual Conscience and Religion). The authorities Administration. In August the Supreme accused both men of being among the Court rejected the community’s appeal. organizers of the post-election violence and Imam Ilgar Ibrahimoglu claimed that more Ilgar Ibrahimoglu of hiding weapons in the than 80 members of the community had Juma mosque. Both men initially escaped been summoned to local police stations detention; Ilgar Ibrahimoglu was given after the June eviction. Several had been sanctuary by the Royal Norwegian Embassy detained short-term and at least one for three days and Azer Ramizoglu went member had been sentenced to seven days’ into hiding. Ilgar Ibrahimoglu was administrative detention. The police had subsequently detained in December and also broken up a prayer meeting led by held in pre-trial detention until his trial in Ilgar Ibrahimoglu in a private home. In April 2004. September and October Ilgar Ibrahimoglu was prevented from travelling abroad to attend conferences organized by the OSCE on racism and discrimination and human

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rights, to which he had reportedly been On 21 September former Defence Minister officially invited. Azerbaijani officials Samvel Babaian was released from prison explained that the conditions of Ilgar after serving a third of his sentence. He was Ibrahimoglu’s suspended sentence limited one of 35 prisoners pardoned by President his freedom of movement. Arkadi Ghukasian on 17 September.

Police ill-treatment and conditions of Samvel Babaian was found guilty of detention organizing a failed assassination attempt on Arkadi Ghukasian, and sentenced to 14 In December the Council of Europe’s years’ imprisonment by the Supreme Court Committee for the Prevention of Torture in February 2001, a verdict upheld by the and Inhuman or Degrading Treatment or board of the Supreme Court in March 2001. Punishment (CPT) published its first report His co-defendants in the trial were on Azerbaijan. The report on the CPT’s visit sentenced to terms ranging from suspended to Azerbaijan in 2002 concluded that people sentences to up to 14 years in prison. AI detained by the police ran a significant risk had previously raised concern at allegations of being ill-treated. Among the CPT’s that Samvel Babaian and other defendants recommendations were that professional in the case had been ill-treated in pre-trial training for police officers become a priority detention and that fair trial standards had and that legal safeguards against ill- been violated. treatment in custody be applied from the moment of detention. The report also highlighted serious shortcomings in the BELARUS conditions of detention at several police detention centres. While acknowledging efforts made by the authorities to improve prison conditions, the CPT reported International concern about human overcrowding in some prisons. rights (update to AI Index: EUR 01/005/2004) Nagorno-Karabakh The Belarusian authorities remained defiant Death penalty (update to AI Index: EUR in the face of international criticism of 01/003/2000) violations of human rights. In a referendum held to coincide with parliamentary

elections on 17 October official results The status of the self-proclaimed Nagorno- indicated that more than 77 per cent of Karabakh Republic (NKR), which is not eligible voters voted to remove a two-term recognized by the international community, limit on the office of president, thereby remained unresolved. In August 2003 the supporting President Alyaksandr NKR adopted the criminal code of Lukashenka, who has held power since neighbouring Armenia, thereby abolishing 1994, to run for a third consecutive term. the death penalty. The three prisoners who Independent observers including those of remained on death row had their death the Organization for Security and Co- sentences commuted to 15 years’ operation in Europe (OSCE) have said that imprisonment. the elections and the referendum fell far

short of democratic standards. In December There had been no executions in Nagorno- the Special Rapporteur on Belarus Karabakh since 1997. appointed by the UN Human Rights

Commission was refused a visa to visit Torture and unfair trial (update to AI Belarus. Index: EUR 01/003/2000, 01/001/2001 and 01/003/2001) “Disappearances” (update to AI Index: EUR 01/005/2004)

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In August Olga Zavadskaya, mother of the the President (Article 368 (2) of the journalist Dmitry Zavadsky who Criminal Code). They had distributed a “disappeared” in July 2000, petitioned the leaflet containing a satirical poem and General Prosecutor's Office asking that it calling on people to take part in 1 May resume the investigation of her son's case. demonstrations and “to come and say that The request was turned down in October as you are against ‘somebody’ [the President] was her subsequent appeal in November. going on holiday skiing in Austria and having a good time at your cost”. Valery The government did not respond to the Levonevsky was arrested and detained in report by the Parliamentary Assembly of May in Grodno and Vasiliev was detained the Council of Europe on the after the trial. AI regarded them as “disappearances” which was released in prisoners of conscience. (See AI Index: EUR April 2004 (see AI Index: EUR 01/005/2004) 49/017/2004). and there were reports of confiscations and detentions in connection with attempts to Opposition activists who held peaceful distribute the report. In September Garri demonstrations to protest at the results of Pogonyailo of the Belarusian Helsinki the October parliamentary elections and Committee and Tatyana Reviaka of Spring- referendum were subjected to arbitrary 96 were detained by police for distributing a arrest and ill-treatment by the police. After brochure which contained the report as well demonstrations on 19 October about 50 as other information about the demonstrators were detained and “disappearances”. They were released after reportedly beaten. Anatoly Lebedko, leader three hours. of the United Civil Party, suffered concussion, broken ribs and possible kidney Freedom of Expression damage as a result of beatings. Forty people were charged with participation in or In November the UN Working Group on organization of unsanctioned public Arbitrary Detention published a report on demonstrations and sentenced to up to 15 its visit to Belarus from 16 to 26 August. days’ imprisonment, or fined. The report expressed concern about the use of pre-trial detention as a means to repress Trade Union Rights freedom of expression, and in particular criticized the fact that offences described as In a report on observance of the right to “libel against the president of the Republic”, freedom of association in Belarus that was “insult to the president” and “libel against communicated to the government in July, an official” in articles 367, 368 and 369 of the Commission of Inquiry of the the Criminal Code make it possible to limit International Labour Organization stated freedom of expression. The report also that trade unions in Belarus were subjected made a number of recommendations to the to “significant interference on the part of government concerning the independence Government authorities”. It stated that the of judges and lawyers, the use and independence of trade unions was conditions of pre-trial detention and respect compromised and that the rights to freely for the presumption of innocence, and seek and impart information and ideas expressed concern about those held in through the media and to freedom of detention centres under the responsibility of assembly had been violated. the State Security Service (KGB). In October Sergei Antonchik was sentenced In September Valery Levonevsky and to 15 days’ administrative detention by the Alexander Vasiliev, respectively the Partizansky District Court in Minsk for president and deputy president of the holding a meeting on the premises of the national strike committee of market traders Free Trade Union of Belarus. The meeting, were each sentenced to two years in prison which had been agreed with the Chair of by the Leninsky district court in Grodno the union, was to organize the setting-up of after being convicted of publicly insulting a new non-governmental organization.

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Yury Bandazhevsky (update to AI Index: Prisoners of Conscience EUR 01/005/2004)

Mikhail Marinich AI continued to campaign for the release of Professor Yury Bandazhevsky who remained On 30 December Mikhail Marinich, a detained in a correctional labour settlement prominent member of the opposition, was in Grodno region, where he was assigned to sentenced to five years’ imprisonment by an agricultural firm to work as a guard. Minsk district court for abuse of his official Yury Bandazhevsky was sentenced to eight position and theft. He had been detained on years’ imprisonment for alleged bribe- 26 April and charged with various offences, taking in June 2001, but AI believes that he including possession of foreign currency was convicted because he had criticized and illegal use and possession of a firearm, official responses to the Chernobyl nuclear which were later dropped. AI had urged reactor catastrophe of 1986. that Mikhail Marinich be given a fair trial (see AI Index: EUR 49/024/2004).

He was convicted of embezzling computers BELGIUM which had been given as part of a grant by the US embassy to the organization Delovaia Initsiiativa, of which Mikhail UN Human Rights Committee Marinich was chair. The US embassy had scrutinizes Belgium’s record submitted documents to the court to say that it had no complaint against Mikhail In August AI urged the Belgian authorities Marinch. Members of Delovaia Initsiiativa to act with all possible speed to implement had also reportedly given evidence that fully, and as a matter of priority, the they had agreed that Mikhail Marinich recommendations which the UN Human should store the computers on his property. Rights Committee issued on 30 July, AI believes that the lack of evidence to following its consideration of Belgium's indicate a theft, and the irregularities fourth periodic report on its implementation during the criminal investigation of the International Covenant on Civil and proceedings, indicate clearly that Mikhail Political Rights (ICCPR). For further Marinich is a prisoner of conscience, held on information see Prompt action needed to falsified charges to punish him for his address human rights concerns, AI Index: peaceful, oppositional political views. The EUR 14/002/2004. UN Working Group on Arbitrary Detention was refused permission to visit Mikhail In information submitted to the Committee Marinich during their visit to Belarus in before its examination of Belgium's human August. rights record, AI had focused attention in particular on its concerns about: Aksana Novikava [update to AI Index: EUR 01/005/2004 and EUR 49/005/2004] * alleged police ill-treatment and racist abuse on the streets and in police stations, At the end of the year Aksana Novikava and the absence of a number of continued to await implementation of her fundamental safeguards against ill- sentence. In violation of Belarusian treatment in police custody; legislation she was sentenced to detention when pregnant and it was expected that the * cruel and dangerous methods of restraint sentence would be implemented after the during forcible deportation operations by air birth of her child. She was sentenced in and the situation of people confined to the June to two-and-a-half years’ imprisonment transit zone of the national airport; at a corrective labour facility for ‘libel against the President of Belarus’.

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* difficulties faced by people wishing to investigative services with a view to lodge complaints about police ill-treatment; ensuring that they were “genuinely efficient and independent”. * obstacles to prompt and impartial investigations into complaints of police ill- AI noted that the Committee had to treatment and to the bringing to justice of reiterate its long-standing call for Belgium those responsible for such human rights to introduce legislation guaranteeing people violations. in police custody the right “to notify their immediate families that they have been AI highlighted the need for urgent reforms detained and to have access to a lawyer in these areas and recalled the detailed and a doctor within the first few hours of recommendations which it had called on the detention”. The Committee said provision Belgian authorities to address as a matter should be made for a doctor’s examination of priority in 2003. At the same time the to be available at the beginning and at the organization drew particular attention to: end of periods in custody.

* the apparently low level of criminal The Committee indicated its awareness that, accountability for human rights violations despite revised guidelines on the treatment committed by soldiers participating in the of foreigners during deportation operations, UN multinational peace-keeping operation allegations that escorting police officers in Somalia in 1993; used excessive force had continued: it recommended better training and * legislation adopted in 2003 severely monitoring for officials carrying out such restricting the former wide scope of operations. Belgium's universal jurisdiction legislation, increasing the possibility of impunity for the It was also concerned that rejected asylum- perpetrators of the worst possible crimes; seekers and unauthorized migrants awaiting deportation had been released * an increase in racist incidents directed from detention centres for aliens by judicial against Jewish, Arab and other Muslim order but then confined to the transit zone communities. of Brussels national airport, sometimes for several months, "under questionable In its Concluding Observations 2 the sanitary and social conditions". The Committee expressed concern about a Committee, considering such practices akin number of human rights issues, including to arbitrary detention which could lead to continuing allegations of police brutality, inhuman and degrading treatment, said often accompanied by acts of racial that it should end immediately. discrimination. It noted reports that relevant investigations were not always The Committee recommended changes to thorough and judgments, when handed allow a more accessible and effective down, were still “mostly of a token nature.” complaints mechanism for inmates of It called for more thorough inquiries and for detention centres for aliens and called on routine linking of actions alleging police ill- Belgium to ensure that people considered treatment and actions brought against "inadmissible" to the country, and held in alleged victims by the police. It observed the so-called INADs centre at the national that doubts persisted concerning the airport, be informed of their rights, independence and objectivity of the including their right to appeal and to make investigative services working for the a complaint. Standing Police Monitoring Committee (Committee P) and said that Belgium The Committee said that Belgium should should adjust the membership of the establish clear rules in its legislation to govern appeals against expulsion orders and said “[i]t should give suspensive effect 2 UN document reference: CCPR/CO/81/BEL not only to emergency remedies but also to

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appeals accompanied by an ordinary deportation operations, at the request of request for suspension filed by any alien the Interior Minister. AI drew the against an expulsion order concerning him commission’s attention to its continuing or her”. concerns as well as to the recommendations it had submitted to the Among its other concerns, the Committee Belgian government in 2003. In September pointed to the small number of convictions the organization submitted detailed in criminal and disciplinary proceedings observations on the Commission's interim concerning members of the armed forces report, pointing out, among other things, suspected of having committed human that since the interim report had been rights violations in the context of the UN drawn up, further serious concerns multinational peace-keeping operation in regarding various aspects of the detention Somalia in 1993. and deportation of aliens from Belgium had been expressed by the UN Human Rights The Committee also noted the number of Committee. The commission’s final report “racist, xenophobic, anti-Semitic and anti- and recommendations had not been Muslim acts” in Belgium and urged that all published by the end of the year. necessary steps be taken to protect communities resident in the country. Disciplinary proceedings relating to the death of Semira Adamu in 1998 (Update It expressed concern about the negative to AI Index:EUR 01/001/2004) repercussions which the changes made to Belgium's universal jurisdiction legislation in In 2003 a Brussels court of first instance 2003 had for victims of serious violations of had found four law enforcement officers international humanitarian law. The guilty of unconsciously causing grievous Committee said that Belgium should bodily harm resulting unintentionally in the “guarantee victims’ acquired right of access death of Semira Adamu, a 20-year-old to an effective remedy without Nigerian asylum-seeker who died within discrimination of any kind, insofar as the hours of an attempt to forcibly deport her binding rules of general international law by air in 1998. The three escorting officers relating to diplomatic immunity do not were sentenced to one year’s suspended apply.” It was also concerned that the imprisonment and the supervising officer to definition of “terrorism” in the Terrorist 14 months’ suspended imprisonment. All Offences Act of December 2003 was not were sentenced to fines, to be paid by the fully in line with the ICCPR and urged a State, which was itself ordered to pay “more precise definition” of terrorist substantial damages to Semira Adamu’s offences. relatives. A fifth officer was acquitted.

The Committee made relevant Disciplinary proceedings had been opened recommendations to address these against the officers following the death but concerns, as well as prison overcrowding were subsequently suspended until the and trafficking in human beings. outcome of the criminal trial. In December it emerged that the sanction which the Deportation of foreigners disciplinary authorities had envisaged against the four officers found guilty of Independent commission re-evaluating criminal offences in December 2003, methods used during forcible consisted of a reprimand (a sanction usually deportations of foreigners (Update to AI imposed for minor disciplinary offences). Index: EUR 01/005/2004) However, these sanctions had not actually been imposed, on the grounds that the An independent commission (the so-called statute of limitations for such lesser Vermeersch II) continued its re-evaluation offences had intervened five years after the of the techniques used in forcible original incidents of September 1998 (that

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is, in September 2003). In December, in former Yugoslavia (Tribunal). Following response to a parliamentary question NATO's negative decision, the High concerning the light nature of the sanctions Representative took a number of measures originally envisaged and the halting of the aimed at improving BiH and RS co- disciplinary proceedings, the Minister of the operation with the Tribunal. These included Interior stated that he had asked the the removal from office of nine RS officials, Commissioner General of the Federal Police including six senior police officers, believed for a report on the process which had been to have supported suspects indicted by the followed. Tribunal or to have failed in their duty to arrest them. The measures ordered by the High Representative prompted the resignation of the RS Prime Minister, BOSNIA-HERZEGOVINA Dragan Mikerević.

Some progress was reported in making fully General and political developments operational a state-level investigative agency (SIPA), which began working in July Bosnia and Herzegovina (BiH) remained in a new building in Sarajevo. SIPA is divided in two semi-autonomous entities, tasked with fighting organized crime and the Republika Srpska (RS) and the "terrorism", protecting witnesses and Federation of Bosnia and Herzegovina investigating war crimes. In July the High (FBiH), with a special status granted to the Representative set up a police restructuring Brčko District. The international community commission to present proposals, including continued to exert significant influence over by drafting legislation and developing the political process in BiH, as part of the policies, for police reform. In a summary of civilian implementation of the Dayton Peace the commission's proposals published in Agreement, led by a High Representative December it was recommended that SIPA, whose nomination is proposed by the Peace the State Border Service and local police Implementation Council and then endorsed forces be united in a single national police by the UN Security Council. On 2 December structure. the European Union (EU)-led peacekeeping Operation Althea/EUFOR was launched as The special Human Rights Commission the direct descendant, under the Dayton within the BiH Constitutional Court, Peace Agreement, of the Stabilisation Force continued to deal with the backlog of cases (SFOR) led by the North Atlantic Treaty registered with the Human Rights Chamber Organisation (NATO). In addition to before its closure in December 2003. approximately 7,000 EUFOR troops, about Between January and December 2004 the 150 NATO troops remained in the territory Commission had resolved 3,231 of BiH, reportedly to assist the BiH applications while 5,710 remained pending. authorities in combating "terrorism" and in defence reform. Moreover, some 150 US War crimes and crimes against troops remained in BiH, under a bilateral humanity agreement between the USA and BiH. The European Union Police Mission (EUPM), International investigations and composed of approximately 500 police prosecutions officers, remained tasked with monitoring and supervising the activities of the local The Tribunal continued to try alleged police. perpetrators of war crimes and crimes against humanity, amid increasing financial BiH's application to join NATO's Partnership difficulties which negatively affected its for Peace was rejected by the North Atlantic ability to conduct its activities. Addressing Council in December, over the authorities' the UN Security Council in November, failure to co-operate fully with the Tribunal Prosecutor Carla del Ponte stated International Criminal Tribunal for the

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that lack of adequate resources was already shelling of Sarajevo, voluntarily having a negative impact on the activities surrendered to the authorities of Serbia and of the Office of the Prosecutor and could Montenegro. He was subsequently soon adversely affect the conduct of trials. transferred to the Tribunal's custody.

The trial continued of former president of Co-operation between the RS authorities the Federal Republic of Yugoslavia, and the Tribunal remained inadequate, with Slobodan Milošević, who is accused of war the RS police failing to arrest those indicted crimes and crimes against humanity for his by the Tribunal and believed to be within alleged involvement in the wars in Croatia, their jurisdiction. A total of 19 publicly BiH and Kosovo. Slobodan Milošević is also indicted suspects remained at large at the accused of having planned, instigated, end of the year, the majority of them ordered, committed or otherwise aided and Bosnian Serbs thought to be residing in or abetted genocide, in connection with his regularly travelling between Serbia and alleged role in the war in BiH. In September Montenegro and the RS. In her speech in the Tribunal's Trial Chamber decided to November to the UN Security Council the impose a defence counsel on the accused, Tribunal Prosecutor stated that the failure who had chosen to defend himself, in order to date of the RS authorities to arrest a to avoid delays in the proceedings caused single suspect indicted by the Tribunal by the defendant's health problems. In raised fundamental questions about the November the Tribunal's Appeals Chamber willingness of RS leaders to match their partially reversed this decision, ruling that pledges to co-operate with the Tribunal with Slobodan Milošević should be allowed to firm action. The Tribunal Prosecutor also take the lead in presenting his case, when pointed to fundamental systemic he is physically capable to do so. weaknesses built into the law enforcement and security structures in BiH, and in In October former Chief of Security of the particular the RS. RS Army (VRS) Ljubiša Beara, was transferred to the Tribunal's custody. The Domestic investigations and prosecutions suspect is indicted for genocide, crimes against humanity and violations of the laws The War Crimes Chamber within the BiH or customs of war for his alleged role in the State Court was expected to become VRS attack on the Srebrenica enclave and operational in January 2005, amid the subsequent mass killings and continuing concerns over the lack of executions of Bosniak boys and men. Also financial and other resources needed to in October, the Tribunal unsealed an meet its requirements. In September and indictment against Miroslav Bralo, former October a number of pieces of legislation member of a HVO special unit, charging regulating different aspects of the him with grave breaches of the 1949 functioning of the chamber were passed by Geneva Conventions and violations of the the BiH Parliament. laws and customs of war for crimes, including murder, torture including rape, The domestic criminal justice system and the unlawful confinement of civilians, persistently failed to take steps to actively allegedly committed against Bosniaks in the prosecute alleged perpetrators. A major Lašva Valley in 1993. Miroslav Bralo factor in fostering this continuing impunity voluntarily surrendered to SFOR troops in was the lack of co-operation between the November and was transferred to the FBiH and RS judiciary and police forces. Tribunal's custody. Victims and witnesses, as well as courts, remained without adequate protection from In December Dragomir Milošević, indicted harassment, intimidation and threats. by the Tribunal for crimes against humanity However, some trials for war crimes opened and violations of the laws or customs of war or continued before local courts. for his alleged role, as commander of the VRS Sarajevo Romanija Corps, in the

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The trial of 11 former police officers from Sarajevo Cantonal Court, eight relatively Prijedor continued at the Banja Luka low-level suspected perpetrators of war District Court. The defendants are accused crimes committed against the Bosniak of the abduction and murder of Father population. Tomislav Matanović, a Roman Catholic priest, and his parents in 1995. Unresolved 'disappearances' and Srebrenica commission In July a former member of the Croatian Defence Council (HVO), Dragan Bunoza, According to data provided by the was sentenced by the Mostar Cantonal International Committee of the Red Cross, Court to nine years' imprisonment for the almost 17,000 persons who went missing murder in 1993 of a nine-year-old Bosniak during the 1992-1995 armed conflict were girl in a village near Stolac. In a separate still unaccounted for. Many of them were trial, Marijo Matić, a former member of the victims of "disappearances", whose HVO military police, was sentenced by the perpetrators continued to enjoy impunity. Mostar Cantonal Court to six years in prison for war crimes committed in 1993 against Between August and November the remains the Bosniak civilian population. Also in July, of 456 people were exhumed from a mass the Sarajevo Cantonal Court sentenced grave in Kevljani, near Prijedor. The bodies Milorad Rodić, a former VRS member, for were believed to be of former Bosniak war crimes including forcible expulsions and inmates killed in the Omarska and Keraterm rape, committed in 1992-93 against the detention camps, run by the Bosnian Serbs. non-Serb population in the Sarajevo suburb of Grbavica. In October the commission established by the RS authorities to investigate the events In September Iraqi-born Abdul Maktouf, which took place in and around Srebrenica already in detention in connection with between 10 and 19 July 1995 issued its other offences, was indicted by the BiH final report. The document presented State Court for crimes he allegedly information about the participation of the committed in 1993 as a foreign fighter in RS police and armed forces in the massive Travnik. The suspect is accused of having human rights violations in Srebrenica, taken part in the abduction and severe which were recognized by the Tribunal as beating of five Croat and Serb civilians and amounting to genocide. The report in the beheading of one of them. The trial acknowledged that 7,800 non-Serbs were began in December. killed after the fall of Srebrenica. Moreover, the report identified the location of mass In December Zoran Knežević, a former VRS grave sites where the bodies were buried; member, was sentenced to 10 years' some of these sites were previously imprisonment by the Sarajevo Cantonal unknown. In November the RS government Court for having raped two non-Serb for the first time apologized for human women in the Sarajevo district of Grbavica rights violations committed in and around in 1992 and 1994. Srebrenica between 10 and 19 July 1995.

In a joint action conducted by SIPA and The exhumation of mass graves identified SFOR in October, a man was arrested on by the Srebrenica commission began at the suspicion of having committed war crimes end of June. To date, approximately 1,300 against the Bosniak population in Foča victims of crimes committed after the fall of during the 1992-95 war. Reportedly, during Srebrenica have been exhumed and the operation the suspect was wounded by identified. gunshot, after he had attempted to resist arrest by opening fire on SFOR troops. Right to return in safety and with dignity In November the RS police arrested, on the basis of arrest warrants issued by the

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According to the UN High Commissioner for To AI's knowledge, in no case was an arrest Refugees (UNHCR) field mission in BiH the warrant issued against those detained by total number of people displaced by the war SFOR, who were not charged with any who had returned to their homes reached recognizable criminal offence. one million in July. UNHCR figures put the number of people who returned to their Human trafficking pre-war homes between July and October at approximately 4,700. In July the BiH State Court sentenced two men, including the owner of a nightclub in Lack of access to employment continued to Kiseljak, near Sarajevo, to up to 15 be a major factor in people's decision not to months' imprisonment for offences related return and remain in their pre-war to the trafficking of women for forced community. Employment opportunities prostitution. were scarce in general, reflecting the weak economic situation and the difficulties of In November, following the death in a economic transition and post-war Mostar hospital of a Ukrainian woman who reconstruction. In addition, returnees faced had been trafficked for forced prostitution, discrimination on ethnic grounds when from AIDS-related illnesses, the local police trying to find work and, in some cases, opened an investigation into trafficking for ethnically motivated attacks. forced prostitution. The investigation led to the arrest of several people, including two “War on terror” men accused of having held the woman in detention, forcing her to engage in The six men of Algerian origin who were prostitution. illegally transferred to US custody in 2002 by the FBiH authorities and detained in Committee for the Prevention of Guantánamo Bay, Cuba, remained in Torture detention. In July a delegation of the BiH Ministry of Justice visited four of the men. In December the Council of Europe's In a short public statement following the Committee for the Prevention of Torture visit, the head of the delegation commented and Inhuman or Degrading Treatment or that the treatment of the prisoners was fair. Punishment (CPT) published its first report The delegation had not been allowed to visit on BiH, following a visit in April and May the cells where the prisoners were kept, but 2003 to a number of detention did report that the men had complained of establishments in the FBiH and the RS. The health problems. CPT recommended, inter alia, a thorough, independent and impartial investigation into Also in July, the cases of two of the allegations of widespread ill-treatment of detained men were included in a petition for detainees in the Zenica Prison (Kazneno- a writ of habeas corpus by the New York- popravni zavod Zenica), which allegedly based Center for Constitutional Rights occurred during a riot in February 2003. (CCR), which attempted to challenge the lawfulness of their detention. The CCR The report also pointed to the inadequate subsequently included in their petition the staffing levels in the BiH prison system and remaining four detainees transferred from the lack of out-of-cell activities offered to BiH to US custody. remand prisoners as having a negative impact on conditions of detention. Accountability of peacekeeping forces

SFOR and NATO forces continued to BULGARIA arbitrarily detain individuals suspected of supporting persons indicted by the Tribunal.

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Social care homes for people with November in Pastra, Boris Ivanov, a 59- mental disabilities year-old resident of the social care home for men with mental disorders, was found in his bed unconscious. A doctor who was In September AI wrote to Christina subsequently summoned pronounced Boris Christova, Minister of Labour and Social Ivanov dead and an autopsy report Policy, expressing concern about lack of reportedly established that his death had improvements in conditions and treatment been caused by head injuries. According to in social care homes for people with mental a police statement another resident was disabilities. AI presented Minister Christova suspected of injuring Boris Ivanov and an with findings, observations and investigation had been initiated. The recommendations, following a visit to 12 Council of Europe’s Committee for the social care homes in June 2004. The living Prevention of Torture and Inhuman or conditions and lack of appropriate care for Degrading Treatment or Punishment (CPT) all or only some of the residents, depending visited Pastra in December 2003 and on the situation, in the majority of the concluded that: “[a]s a whole, the institutions visited, were so inadequate that conditions witnessed at this establishment they amounted to inhuman and degrading could be said to amount to inhuman and treatment, prohibited by international law. degrading treatment”. At the time of the The authorities have still not brought rules visit and in January 2004, the CPT called regarding placement of adults in social care upon the Bulgarian authorities “to draw up homes into line with international standards a plan of concrete measures (including a to ensure an independent review of the timetable for their implementation) for the placement decision and provide effective urgent replacement of the Home in Pastra legal safeguards to the people concerned. with a facility which is in conformity with When an institution was closed down due to the standards and criteria for the provision unacceptable conditions, care and of social services listed in Decree No. 89 of treatment, its residents were usually simply 18 April 2003.” Plans to close down the transferred to another existing or a facility had not been put in place at the refurbished institution, most of which were time of writing of this report and not in a position to provide significant information received following a recent visit improvements in living conditions or care. indicated that there had been no The staffing in institutions was, to varying improvements in the situation. degrees, inadequate in number and training, particularly on night shifts, when lack of appropriate supervision and care resulted in Discrimination against Roma situations endangering residents’ physical integrity. Little improvement has been The European Roma Rights Center, a observed in the provision of medical, regional non-governmental organization, including psychiatric care, and other reported that in the period under review therapies and activities. No reply from Bulgarian courts adopted five landmark Minister Christova had been received by the decisions in civil actions alleging end of the period under review. discrimination against Roma. These actions had been taken under the Law on AI was also concerned about the Protection from Discrimination which came authorities’ failure to exercise their into force in January 2004. In July, the supervisory function appropriately and Sofia District Court found indirect effectively; to put in place legal safeguards discrimination in a case involving the to protect residents from abuse; as well as Electric Company and a Romani resident of to establish independent mechanisms for Sofia’s Hristo Betov Romani neighbourhood. investigations into incidents of abuse. This The case concerned the Bulgarian Electric further increase the already considerable Company’s repeated rejection of the risk of physical and mental abuse faced by Romani resident’s application for electricity residents of social care homes. On 17 supply, on the grounds that he was not hooked up to the network and that he had

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not signed a supplementary agreement with information that any of the police officers the company. The applicant had refused to involved had suffered any injuries. sign the agreement because only Roma were required to sign such agreements, In another reported incident police officers which contained provisions unfavourable for in Plovdiv shot a man in the head on 16 the signatories. December. A police officer who pursued three men on motorcycles reportedly fired In October the National Assembly rejected several warning shots. Later, behind a a draft law to establish a fund for garage, the officer was reportedly educational integration of children from confronted by one of the men, who had a ethnic minority communities. The knife, and whom he shot in the head. The government’s objective was to support injured man was then taken to the hospital projects to improve education for children where his condition had been described as from ethnic minority communities and to critical. A similar shooting incident occurred ensure equal access to education. The fund in Plovdiv in March (see Europe and Central was also expected to receive contributions Asia: Summary of Amnesty International’s from international governmental and Concerns in the Region: January - June private donors. The vast majority of 2004 , AI Index: EUR 01/005/2004). children from the Roma community receive substandard education in ethnically segregated schools. CROATIA Excessive use of firearms

In the period under review new reports had General and political developments been received of incidents in which law enforcement officials resorted to the use of In December the Council of the European firearms in circumstances which were in Union (EU) decided that negotiations on breach of internationally recognized Croatia's accession to the EU would begin principles. On 4 August, at around 10pm, in on 17 March 2005, provided that Croatia Samokov, a police patrol reportedly fully co-operated with the International observed three Romani men attempting to Criminal Tribunal for the former Yugoslavia steal a radio-cassette player from a vehicle (Tribunal). The EU Council urged Croatia to parked on Tsar Boris 3rd Boulevard. take the necessary steps for full co- According to a statement issued by the operation with the Tribunal and to arrest Sofia Regional Directorate of Internal Affairs, and transfer to the Tribunal's custody the officers warned the suspects that they former Croatian Army General Ante would shoot if they did not surrender. Boris Gotovina. Mihailov was shot in the head after he reportedly assaulted an officer with a knife. In November Helena Puljiz, a freelance Although an investigation into the incident journalist, lodged a complaint with the had been initiated by the Sofia Prosecutor’s Parliamentary Committee for the Oversight Office the two men who were with Boris of Security Service, claiming that she had Mihailov at the time of the shooting had not been interrogated and blackmailed by been questioned by the end of September. members of Croatia's Counterintelligence One of them told the Bulgarian Helsinki Agency (Protuobavještajna agencija – POA), Committee representative that Boris apparently in an attempt to gather Mihailov had not been armed and had been information on Croatian President Stjepan trying to avoid apprehension by running Mesić. Following these allegations the head away when he was shot. The ambulance of POA was dismissed in December. staff which arrived shortly after the incident reportedly had not seen any knife at the War crimes and crimes against scene of the shooting. There was no humanity

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International prosecutions include the unlawful killing as well as the cruel and inhumane treatment of Serb Although the Croatian government pledged civilians and captured and/or wounded its co-operation with the Tribunal, the soldiers from the Medak Pocket. authorities have failed to arrest and transfer to the Tribunal's custody Ante A trial continued at the special War Crimes Gotovina, charged with crimes against Panel within the Belgrade District Court for humanity and war crimes committed war crimes against the ethnic Croat against the Krajina Croatian Serb population committed in 1991 in Vukovar, population in 1995. The Croatian authorities Croatia. After Vukovar fell to the Yugoslav have continued to maintain an ambiguous Army and Serbian forces, more than 250 attitude towards the issues of co-operation non-Serbs were removed from the Vukovar with the Tribunal and Ante Gotovina's hospital and executed at the Ovčara farm. arrest; reportedly, in October Prime Minister Ivo Sanader publicly stated his Domestic prosecutions belief in Ante Gotovina's innocence. In November Tribunal Prosecutor Carla del Trials for war crimes and crimes against Ponte noted in a speech to the UN Security humanity continued or started before local Council that although Croatia had courts, mostly against Croatian Serbs. In apparently stepped up its efforts to locate some cases these trials did not meet and arrest Ante Gotovina, she had serious internationally recognized standards of doubts concerning the efficiency and fairness; in general, ethnic bias continued seriousness of these measures. The to affect the investigation and prosecution Tribunal Prosecutor also suggested that by the Croatian judiciary of wartime human there were strong indications that Ante rights violations. Despite initial efforts by Gotovina appeared to benefit from a well- the Croatian authorities to investigate and organized support network, including within prosecute human rights violations allegedly Croatian state structures. committed by members of the Croatian Army and police forces, there continued to In July the Tribunal unsealed an indictment be widespread impunity for such crimes. against Goran Hadžić, who held the position According to data provided by the Mission of President of the self-proclaimed to Croatia of the Organization for Security autonomous Republic of the Serbian Krajina and Co-operation in Europe, in the first 10 (Republika Srpska Krajina – RSK) between months of 2004 the Croatian Supreme early 1992 and late 1993. Goran Hadžić, Court reversed 15 of 23 verdicts in war who was still at large at the end of the crimes trials against Croatian Serb and period under review, is charged with war ethnic Croat defendants, mostly for the crimes and crimes against humanity, failure of the court to establish the facts including persecutions, extermination and sufficiently and correctly. murder, committed against the non-Serbian population in the RSK. In August the Croatian Supreme Court overturned the acquittal verdict by the Split In September the Tribunal appointed a trial County Court in the 2002 "Lora" trial chamber to consider an application by the against eight former members of the prosecutor to refer the case of Mirko Norac Croatian Military Police. The accused are and Rahim Ademi to the authorities of suspected of having tortured non-Croat Croatia for trial by the Zagreb County Court. civilians and of having murdered two of The accused played a central role in military them in Split's Lora military prison in 1992. operations in the Medak Pocket in 1993, as The trial had reportedly been marred by high-ranking military officers in the intimidation of witnesses, public Croatian Army. They are charged with demonstrations of support for the accused, crimes against humanity and violations of and the court's alleged lack of impartiality. the laws or customs of war committed At the end of the year four suspects were in against the Croatian Serb population. These detention and the remaining four at large,

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amid reports of considerable delays in refugees, mostly Croatian Serbs, are still executing the arrest warrants. The new trial displaced in neighbouring countries and is reportedly expected to begin in early beyond. 2005. While the Croatian authorities had pledged In September the retrial started at the to return illegally occupied residential Karlovac County Court of a former member properties (which had been allocated by the of the Croatian special police on charges of state for temporary use) by the end of June having killed 13 disarmed Yugoslav Army 2004 and other occupied properties by the reservists in 1991, by firing bursts from his end of 2004, the repossession rate machine gun. His earlier acquittal by the remained slow. In many cases, physically Karlovac County Court had been overturned repossessed properties were made by the Croatian Supreme Court in March uninhabitable after having been looted or 2004. damaged by previous occupants. Many Croatian Serbs, especially those who In November the retrial began at the formerly lived in urban areas, could not Varaždin County Court of three former return because they had lost their tenancy Croatian police officers and one serving rights to socially-owned apartments. police officer, accused of having killed six Lengthy and in some cases unfair captured Yugoslav Army reservists in 1991. proceedings, particularly in lower level In May 2004 the Croatian Supreme Court courts, remained a major problem for had quashed an acquittal by the Bjelovar returnees pursuing their rights in court. County Court. Croatian Serbs continued to be subjected to discrimination in access to employment and Unresolved "disappearances" in realising other economic and social rights. In particular, they faced difficulties in The Croatian Government Bureau for obtaining employment in the public sector Detained and Missing Persons was still and, in some cases, in private businesses searching for approximately 1,200 persons, owned by ethnic Croats. mostly from the first phase of the 1991-95 war. This figure did not include people, Rights of the child mostly Croatian Serbs, who went missing during operations "Storm" and "Flash" in In September the UN Committee on the 1995 and who in many cases were victims Rights of the Child (Committee) considered of "disappearances" allegedly committed by Croatia's second periodic report on members of the Croatian Army and police measures to give effect to the rights forces. The perpetrators of these crimes enshrined in the Convention on the Rights largely continued to enjoy impunity. of the Child. Prior to this examination AI had submitted a written briefing to the According to information AI has received Committee detailing its concerns with from associations of families of the missing, regard to issues related to the rights of the the efforts by the Croatian authorities to child (see AI Index: EUR 64/003/2004). clarify the fate and whereabouts of missing Croatian Serbs have been largely In its concluding observations the insufficient, leading to considerable delays, Committee expressed, inter alia, its deep in particular in the identification process. concern at cases of violence between children and young adults placed in homes Right to return for re-education and other institutions, and at cases of violence and bullying between Approximately 300,000 Croatian Serbs left children and young adults in social care Croatia during the 1991-95 conflict. institutions. Moreover, it expressed concern According to the UN High Commissioner for at the de facto discrimination against ethnic Refugees, more than 200,000 Croatian and national minorities, Romani and foreign children, and at incidents of harassment

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and hatred that have a negative effect on example of this was the policy of detaining the development of children. The Roma in prison without a court order (a Committee was also concerned at the practice also applied to undocumented different access to education of children migrants). The Ombudsperson called on belonging to minorities and vulnerable authorities to take measures to ensure that groups, including Romani children, which the Roma were treated in accordance with "hampers their full enjoyment of a system national and international anti- of education adequate to their values and discrimination legislation, and national identity". legislation which safeguards fundamental rights and freedoms regardless of The Committee recommended that the citizenship or communal membership. authorities "take all necessary measures to Another report, published by the prevent acts of violence in homes for re- Ombudsperson’s office on 5 July, noted education and social care institutions" and problems of access to education faced by urged the authorities to increase the Roma children in the town of Limassol. protection of children in social care institutions by ensuring, inter alia, that Detention of refugees violent acts are reported and investigated, and providing adequate support and In December, AI received information about treatment, including psychological the conviction and imprisonment of two treatment, to victims of such violence. The Palestinians (their names are known to AI) Committee also recommended that Croatia for possession of false identification "strengthen its administrative and judicial documents. The couple had been arrested measures to prevent and eliminate de facto while trying to board a plane to a western discrimination against children belonging to European destination where they had minorities, especially Roma and foreign allegedly been planning to seek asylum. children" and allocate adequate resources They subsequently applied for asylum in towards the implementation of the National Cyprus on the grounds of fear of Programme for Roma. persecution if returned to the Occupied Territories, and their applications were under review when the court convicted them to eight months’ imprisonment. AI CYPRUS was concerned that this conviction might constitute a violation of Article 31(1) of the Refugee Convention, that prohibits the Discrimination against Roma imposition of penalties “on account of their illegal entry or presence, on refugees who, On 30 June the Ombudsperson, a post coming directly from a territory where their appointed by the President, released a life or freedom was threatened (…), enter report on the living conditions in the Roma or are present in their territory without settlement of the village of Makounta, in authorization, provided they present which she expressed concern regarding the themselves without delay to the authorities failure of authorities to implement policies and show good cause for their illegal entry decided in March 2000. The policies were or presence”. The organization was further originally designed to provide solutions to concerned about the lack of access offered problems of accommodation and access to by the authorities to the couple to the job market that the Cypriot Roma were professional and independent translation facing. The Ombudsperson further noted services during their trial. problems of access to medical services and to education for the Roma in Makounta. She Conscientious Objection concluded that this failure was to a large extent due to the authorities’ refusal to In his report published in February on his grant the Roma rights that they should be visit to the island, the Council of Europe’s able to enjoy as Cypriot citizens. An

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Commissioner for Human Rights expressed use of “cage beds” 3 , calling for the concerns about the length of alternative elimination of "net beds" by end 2004, and civilian service for conscientious objectors, advising replacement of these beds with which is 42 months. AI believed the length seclusion rooms and increased numbers of of this service, which was 1.75 times that staff to improve care for people with mental for military service, was punitive, and was disabilities. This decision was made days also concerned about the procedures to after the authorities received a letter of determine conscientious objector status. concern from JK Rowling, author of the Such determination remained under the well-known Harry Potter series of books. jurisdiction of the Ministry of Defence, which AI believed to be in contravention of On 16 July, AI and several regional and international standards, according to which local non-governmental organizations 4 , the entire institution of alternative service called on the Czech authorities to extend should have a completely civilian character. the ban with immediate effect to the use of "net beds" in psychiatric institutions as well Committee for Missing Persons as to the social care home system. AI was particularly concerned that the Czech In August the Committee for Missing President Vaclav Klaus, in a statement Persons reconvened after five years, in an reported on 14 July, criticized the Minister attempt to uncover the fate and of Health and stated that the cage bed ban whereabouts of about 2,000 people who "was an unduly hasty step". Furthermore, went missing during ethnic strife on the the president's spokesperson stated that island since 1963. The Committee "this decision has been a premature comprised one Greek-Cypriot reaction to irresponsible and populist representative, one Turkish-Cypriot attacks against the quality of health care representative and an independent expert. and protection of human dignity in the AI has in the past expressed concerns Czech Republic". about the constitution of the Committee and urged the United Nations to establish The use of cage beds in the Czech Republic an effective commission of inquiry, had been criticized by the Council of comprised of independent experts, to Europe’s Committee for the Prevention of investigate the issue (see report, Cyprus: Torture and Inhuman or Degrading Proposal to the United Nations to establish Treatment or Punishment (CPT) after a visit an effective commission of inquiry to to Opava Psychiatric Hospital and the investigate “disappearances”, “missing” Ostravice Social Care Home in April 2002. persons and deliberate and arbitrary killings The CPT concluded that “net- and cage- in Cyprus, AI Index: EUR 17/01/96).

3 The Czech authorities make a distinction between "cage beds" and "net beds". "Cage beds", beds which CZECH REPUBLIC are fitted with a metal-barred construction above the mattress, and “net beds”, beds with a metal frame covered with netting, are designed to enclose a person Cage beds – a restraining method in within their confines. Cage beds are used in the Czech violation of international human psychiatric facilities under the control of the Ministry of Health and in social care homes for children and rights law adults with mental disabilities, under the authority of the Ministry of Labour and Social Affairs. On 13 July, the Czech Minister of Health 4 Mental Disability Advocacy Center, based in Jozef Kubinyi issued a press statement Budapest, and Czech non-governmental organizations: stating that he had instructed directors of The Center for Mental Health Care Development, all health institutions to immediately cease Czech Helsinki Committee, Fokus - Association for Mental Health Care, Inclusion Czech Republic, User and Ex-user Organization Kolumbus and Sympathea - Czech National Association of Family Members.

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beds are not an appropriate means of Jan Jarab, the Government’s Human Rights dealing with patients/residents in a state of Commissioner, reportedly stated that agitation”. The CPT recommended that Romani women may have given only a “cage-beds be immediately withdrawn from formal consent to sterilization in some service and that net-beds cease to be used cases but denied any racial motivation, as a tool for managing such persons as saying that there were general failings in soon as possible”, adding that “more respect for patient’s rights. The suitable means than net-beds can also be Ombudsman’s Office was conducting an found to ensure the safety of persons with investigation into the allegations. impaired mobility or nocturnal disorders (e.g. disorientation/sleepwalking).”5 The UN Human Rights Committee commented on the use of cage beds in August 2003 during FRANCE its examination of Slovakia, recommending that “the use of cage beds should immediately cease.”6 Acts of racist or religious violence

Dr Milada Emmerova, appointed Minister of In July President Jacques Chirac made a Health in August, confirmed her national appeal for religious and racial predecessor’s ban on “cage beds” but tolerance, calling for urgent action against a retained the use of “net beds”, issuing rise in the “despicable and odious acts of regulations for their use on 17 December. hatred soiling our nation”. Acts of violence were directed at members of Jewish and Allegations of illegal sterilization of Muslim communities and Muslim, Jewish Romani women and Christian buildings or cemeteries were desecrated. Over 1,000 racist incidents In September, the European Roma Rights were recorded throughout the year, of Center, a regional non-governmental which over 360 were described as acts of 7 organization, and the League of Human racist violence. There were many Rights, Life Together and IQ Roma Service, profanations of cemeteries and burial sites, published a report alleging coercive especially in Alsace. According to figures sterilizations of Romani women in the Czech released by the Ministry of the Interior in Republic. Their research indicated that a December, there were 92 acts profaning practice which had officially been promoted Christian places of worship, 31 attacks on in the 1970s and 1980s continued into the Jewish places of worship and 28 attacks on 1990s when Romani women were subjected Muslim ones. Two-thirds of racist attacks to sterilization procedures without full and against Jews and Muslims took place in Ile- informed consent. According to the non- de-France. Corsica, with its large immigrant governmental organizations documented population, was the focus of a wave of cases included instances in which no attacks or threats against persons of North consent, in any form, had been sought prior African origin, or their property. The to the operation; cases in which consent Ministry of the Interior registered 107 such was obtained during delivery or shortly incidents in Corsica, compared to only 15 in before delivery, during advanced stages of 2003. labour; or instances in which consent had been obtained in circumstances which could In September a demonstration was held in not be considered to amount to free and Corte (Haute-Corse) by a number of informed, as required by internationally individuals and organizations, including AI, recognized principles. to protest against a pattern of serious attacks on properties belonging to the

5 See Council of Europe document CPT/Inf (2004) 4 7 These figures include to racist acts against both Jews 6 See CCPR/CO/78/SVK and Muslims

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immigrant community. The attacks were have kneed Abdelkader Ghedir in the head, attributed to a constellation of small armed was provisionally imprisoned. groups with nationalist aims. One such group, Clandestini Corsi, claimed According to reports, Abdelkader Ghedir responsibility for several racist acts in was involved in a violent interpellation at Corsica and in September issued a the station of Villeparaisis-Mitry-le-Neuf in statement congratulating the “anonymous Mitry-Mory (Seine-et-Marne) after railway underground movement” [Trans: “le officials had seen a person throwing stones movement clandestin anonyme”] for an at trains and called police officers to the attack on the home of a North African scene. A mixed group of SUGE and police resident in Biguglia. Clandestini Corsi also officers escorted Abdelkader Ghedir into the made threats against anti-racist and human railway station, where the acts of violence rights groups for condemning the violence. were committed. He was then transferred AI reiterated its concerns in November, to the police station, where he lapsed into following the attack by a group of armed unconsciousness. men on the house of a Moroccan imam (Islamic leader), Mohammed al-Akrach, at Demands for an internal police inquiry into Sartène (Corse-du-Sud), when five or six the police role in the incident were rejected. gunshots were fired into the door. It called Controversy was aroused when the prefect on the French authorities to make it their of Seine-et-Marne stated that the police priority to bring the perpetrators of racist had not been involved in the incident – a attacks promptly to justice. With regard to statement in apparent contradiction with the attack on the imam’s house, and a other accounts. It was unclear to date why similar attack on a house where a woman an inquiry by the internal police complaints and four children were living, AI stated: body, the Inspection générale de la Police “The identity of the perpetrators of the Nationale (IGPN), had been ruled out. most recent attacks is not yet known. Abdelkader Ghedir remained in a coma at However, Corsican nationalists or the end of the year. autonomists, some of whom have claimed responsibility for previous racist attacks, Earlier, in October, Pierre Truche, president have a particular responsibility to be firm of the police and prison oversight body, the and consistent in their condemnation of Commission nationale de la déontologie de such attacks, irrespective of the identity or la sécurité (CNDS), criticized the police aims of the perpetrators”. (See AI Index: complaints body for the Paris area EUR 21/001/2004). In December four (Inspection générale des services – IGS) for minors were arrested for throwing acid into an ineffective inquiry into a police attack on a hostel for immigrants in Ajaccio and other members of the Kabyle ethnic community incidents were reported. during New Year celebrations in Paris on the night of 31 December – 1 January 2004. Ill-treatment by state agents After an altercation in front of the building an officer released tear gas into the In November Abdelkader Ghedir sustained premises where the proprietor was a fractured skull and fell into a coma at a celebrating with family and friends. One police station after being questioned and woman, who was carrying a baby, was allegedly ill-treated by security officers of reportedly kicked by an officer. Several the state railways, the Surveillance witnesses testified that, after the tear gas Générale (SUGE) of the SNCF (Societé was released, the door was shut to prevent nationale des chemins de fer) in the anyone leaving. The body of one person, a presence of police officers. He was taken to Swedish national, was found the following the hospital of Beaujon de Clichy (Hauts- day lying on a staircase. The CNDS de-Seine). Three SUGE officers were placed expressed concern that the police did not under judicial investigation on a charge of report the case immediately to the public “voluntary acts of violence” [Trans: prosecutor or send for medical assistance, “violences volontaires”] and one, alleged to and that the IGS appeared to have made

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no effort to identify the officer who released Torture proceedings in court the tear gas. Pierre Truche did not make any direct link between the death of the In October French prosecutors called for the man and the use of the tear gas but stated: former Chilean dictator, General Augusto “the violence of which he was a victim can Pinochet, to be tried over the only have aggravated the risk of death to disappearance of four French nationals in which he was exposed”. Chile in the 1970s. Augusto Pinochet was one of 20 other former military officers Unaccompanied children in border suspected of having ordered their arrest areas and detention. The government and judicial authorities were reportedly deciding The Association nationale d’assistance aux whether General Pinochet, currently frontières pour les étrangers (ANAFE), a undergoing judicial proceedings in Chile, coordinating body for organizations, should be tried in France in his absence. including AI, which work to assist foreign nationals in border zones, and which, with In December the Court of Cassation, the the Red Cross, has access to holding areas highest court in the legal system, rejected (zones d’attente), expressed concern an appeal lodged by General Paul throughout the latter part of the year about Aussaresses following his conviction on a the situation of unaccompanied minors. charge of “justification of torture” [Trans: According to figures released by the “apologie de la torture”]. His memoirs, Ministry of the Interior, 723 unaccompanied published in 2001, described acts of torture children were placed in holding areas in and summary executions by French army 2004, of whom 628 were returned to their officers in Algeria in the 1950s, and countries of origin. Both ANAFE and the Red maintained that they had been necessary. Cross were concerned about a number of In April 2003 the Court of Appeal of Paris specific cases which reflected the had fined him 7,500 Euros and his editors, systematic practice of barring Plon, were fined another 15,000 Euros. The unaccompanied children from entry into Court of Cassation upheld the view of the France and holding them for several days in public prosecutor that freedom of holding areas before returning them and expression should not be confused with the without giving appropriate consideration to right to say “anything anyhow” [Trans: ne their cases. In one case, a 12-year-old girl “peut pas se confondre avec le droit de dire called “Christelle” was detained for six days n’importe quoi et n’importe comment”]. in a holding area before being returned to Haiti, while her mother waited in the airport Case updates (Roissy-Charles de Gaulle), outside. Similar but separate cases related to a 14-year-old Ricardo Barrientos boy and a seven-year-old girl from the Democratic Republic of the Congo. The girl In September the Court of Appeal of Paris was subsequently reported to have been issued an order that there was no case to placed in an institution in Switzerland. In answer (ordonnance de non-lieu) in the both cases their mothers were in France. In case of Ricardo Barrientos, an Argentinian September a similar case, involving national who had died during forcible “Hamed”, a 16-year-old boy from the Ivory deportation from Roissy-Charles de Gaulle Coast, led to a landmark decision (arrêt) by airport in December 2002 (see Amnesty the Court of Appeal of Paris, on 7 December, International Annual Report 2003). He had that the holding areas should be considered, been escorted, struggling, onto the aircraft juridically, as a part of French territory and before other passengers embarked and that the judges of juvenile courts (juges seated, bent double, and with his hands des enfants) had competence over them. cuffed behind his back. Two police officers and three gendarmes applied continuing pressure to his shoulder blades. His torso,

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thighs and ankles were bound with Velcro force” [Trans: “allaient bien au-delà de tape. He was covered with a blanket and a l’usage raisonnée de la force”]. “Yacine” mask so that he could not see or be seen had required emergency surgery for by the passengers. He collapsed before removal of a testicle. The state prosecutor take-off. An autopsy concluded that he had had requested the acquittal of the police died of naturally-occurring complications of officers, who appealed against the a heart condition, and a police inquiry convictions. concluded that procedures had been followed, although it was not clear what these procedures were. GEORGIA On 20 September the Court of Appeal of Paris issued an order that the case be dismissed. It decided that Ricardo International scrutiny Barrientos had not been subjected to acts of violence and the officers were simply Draft report and resolution by the Council obeying orders to keep the deportee under of Europe’s Monitoring Committee restraint. No appeal was lodged. The 15 December draft report and AI’s concern in the case was that the resolution on Georgia by the co-rapporteurs inquiry should help elucidate whether the Matyas Eörsi and Evgeni Kirilov of the procedures which the officers had used Committee on the honouring of obligations were in conformity with international and commitments by member states of the standards and whether they had been made Council of Europe (Monitoring Committee) taking such standards into consideration. In concluded that the “human rights efforts of its 13th General Report the European the new authorities, in spite of some Committee for the Prevention of Torture positive developments, still need to be and Inhuman or Degrading Treatment or improved”. They pointed out that the “post- Punishment pointed out the “risk when a revolutionary situation should not become deportee, having been placed on a seat in an alibi for hasty decisions and neglect for the aircraft, struggles and the escort staff, democratic and human rights standards”. by applying force, oblige him/her to bend The co-rapporteurs deplored the fact that forward, head between the knees, thus advice by Council of Europe experts had not strongly compressing the ribcage”, and been taken into account adequately on noted that “the use of force and/or means several occasions. For example, they of restraint capable of causing positional criticized the authorities for having failed to asphyxia should be avoided wherever appropriately address suggestions and possible”. advice by the Venice Commission regarding amendments to the country’s Constitution “Yacine”8 adopted by the Georgian parliament in February, as well as those concerning the In December the correctional court of autonomous status of Ajaria adopted in July. Nanterre (Hauts-de-Seine) sentenced two police officers from Asnières police station With regard to the human rights situation in to eight-month and four-month suspended Georgia the co-rapporteurs raised concern prison sentences for acts of violence against about the “ill-treatment of detainees, a 16-year-old minor who was being held in particularly during the pre-trial detention police custody in 2001. (AI Index: EUR [which] continues to be a major problem in 01/002/2002). The court stated that the Georgia” and called on political leaders violence used by the police officers was including the President to “publicly “well in excess of the reasonable use of campaign against any mistreatment of detained persons”. They also deplored the lack of independence of the judiciary and 8 The full name is known to AI but has been withheld. pointed out that the “respect for the

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principle of the presumption of innocence the application, Gldani Congregation of for some categories of suspects has yet to Jehovah’s Witnesses v. Georgia, admissible. take hold in the new Georgia”. In addition, The Jehovah’s Witnesses had filed this case the co-rapporteurs highlighted that the in June 2001. prison conditions in the pre-trial detention facilities and prisons they had visited were The case referred to the October 1999 “extremely bad”, in particular due to attack on a congregation of Jehovah’s overcrowding. They raised concern with Witnesses by radical supporters of the regard to the government’s fight against Georgian Orthodox Church and the corruption pointing out that “arrests of defrocked Georgian Orthodox priest Basil some former officials accused of corruption Mkalavishvili. Around 200 attackers beat were carried out in spectacular the congregation of some 120 Jehovah’s circumstances, often without warrants even Witnesses, who had gathered in a rented in cases where there was no indication that theatre in Tbilisi to hold a Sunday service, suspects had the intention to flee”. The with iron crosses and wooden clubs. The draft report also criticized the “Georgian police reportedly refused to come to their version of the plea-bargaining system” help. Sixteen worshippers were said to have which was applied in a “seemingly arbitrary needed hospital treatment as a result of the way” and was “incompatible with Council of attack. To AI’s knowledge, none of the Europe standards”. alleged perpetrators had been convicted in relation to this attack by the end of the The draft report and resolution proposed – period under review. “as a sign of understanding and support to the new Georgian authorities” – to extend Three more cases were filed with the the deadlines for the fulfilment of a number European Court in the years following the of commitments undertaken by Georgia October 1999 attack. They concerned when joining the Council of Europe that the further attacks on Jehovah’s Witnesses as country had yet to comply with. For well as the deregistration of two legal example, it called on the authorities to entities of the Jehovah’s Witnesses in accede to the European Charter for Georgia that had been confirmed by the Regional and Minority Languages and the Supreme Court of Georgia in February 2001. Framework Convention for the Protection of National Minorities before September 2005. Torture and ill-treatment in police In addition, it urged the authorities to custody “create, without any further delay, legal, administrative and political conditions for AI continued to receive reports about the start of the process of [the] repatriation torture and ill-treatment in pre-trial [of the Meskhetian population] with the detention. view to its completion in the foreseeable future”. For example, on 1 September seven men were reportedly detained in the western The draft report and resolution was based town of Zugdidi, accused of membership of on a visit by the co-rapporteurs to Tbilisi a paramilitary group and possession of and Batumi from 5 to 8 July. It was due to firearms and explosives. One of them, Geno be voted on at the Winter Session of the Kulava, was reportedly tortured and ill- Parliamentary Assembly of the Council of treated in the police station of Khobi district. Europe in January. According to reports, he was suspended from a pole between two tables, kicked and European Court declared case filed by beaten, including with truncheons, and Jehovah’s Witnesses admissible dropped on the floor; a burning candle was held against his forearm and one of the On 6 July the Second Chamber of the police officers reportedly spat in his face. European Court of Human Rights declared After his lawyer complained to the court

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that his client had been tortured, Geno Jehovah’s Witnesses by Rustavi City Court Kulava was examined by forensic experts in November 2003 and were given on two occasions. They found marks of suspended sentences of up to four years. In severe beatings and bruises on several April 2004 a court in Tbilisi reduced the parts of his body. The independent forensic sentences to a maximum of two years expert Maia Nikoleishvili, who examined following an appeal by the defendants. Geno Kulava on 13 September, established that the bruises were caused by blunt In the second trial that concluded on 14 heavy objects. Examining the area of his December Samtredia District Court forearm she did not exclude that the convicted Dzhano Margiani on charges injuries were caused by heat. One of Geno including “threatening with death, damage Kulava’s co-defendants, Levan Dzadzua, to health or destruction of property” (Article who was also detained on 1 September, 151 of the Criminal Code of Georgia) and was reportedly beaten by police in the “damaging or destroying property” (Art. police station of Ingur Paper Mill Settlement, 187 part 1). He was given a suspended a district belonging to the town of Zugdidi. sentence of three years and ordered to pay On 15 November Geno Kulava was released compensation equivalent to around $1.100. from prison following a court ruling, On 28 December Dzhano Margiani and a reportedly because of procedural violations group of some 40 people reportedly during his detention and the investigation. verbally abused and threatened several However, he was immediately rearrested, Jehovah’s Witnesses and damaged a accused of abducting a resident of Zugdidi. building belonging to members of the Geno Kulava and Levan Dzadzua were still Jehovah’s Witness congregation that was in detained in the investigation-isolation the process of being built. prison No. 4 in Zugdidi at the end of the period under review. The authorities had In the third case a supporter of defrocked reportedly not opened a thorough and Georgian Orthodox Priest Basil Mkalavishvili impartial investigation into the allegations was put on trial in August and given a two- of torture and ill-treatment, and none of the year suspended prison sentence on 14 alleged perpetrators had been brought to December for his part in attacks on a justice. Jehovah’s Witnesses convention in the town of Marneuli in September 2001. The Religious minorities charges against him included “intentionally causing light damage to health” (Article 120 Suspended sentences handed down in of the Criminal Code of Georgia), “illegal connection with a series of attacks on interference with the execution of religious religious minorities (update to AI Indexes: rites or other religious rules and habits” EUR 01/002/2002, EUR 01/001/2004, (Art. 155 part 1), and “damaging or and EUR 01/005/2004) destroying property” (Art. 187). On 28 September 2001, a group of around 100 By the end of 2004 AI knew of three trials people, many of whom were wearing masks, that had resulted in the conviction of reportedly set up a roadblock on a main several perpetrators of attacks on religious road leading out of Tbilisi towards the town minorities. To AI’s knowledge, none of the of Marneuli, where a Jehovah’s Witness attackers had been imprisoned for convention was due to be held that day. involvement in a series of attacks on The Jehovah’s Witnesses had reportedly religious minorities by supporters of the informed the authorities in advance of the Georgian Orthodox Church in recent years. convention and received guarantees from Hundreds of perpetrators of attacks on the police that proper measures would be religious minorities remained unpunished. taken to protect their right of assembly. However, police reportedly stood aside and In the first of these trials five men were watched as the group stopped the buses found guilty of involvement in attacks on carrying Jehovah’s Witness delegates, dragged men, women and children outside,

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and kicked, punched, and beat them with to testify in court. The trial was still ongoing clubs. Up to 40 people were said to have at the end of 2004. been injured, around 12 seriously. Police also allegedly stood by and watched as the group looted and set fire to the convention site, and confiscated film and a video GERMANY camera from the Jehovah’s Witnesses.

The trial against Basil Mkalavishvili and Germany’s torture debate (update to six of his supporters (update to AI Index: AI Index: EUR 01/005/2004) EUR 01/005/2004) The debate over whether torture should be The trial of defrocked Georgian Orthodox allowed in exceptional cases continued. The priest Basil Mkalavishvili and Petre Ivanidze, discussion had been triggered by events two alleged key figures in the attacks on that took place in Frankfurt am Main police religious minorities, and of five of their station in October 2002 and which became supporters – Avtandil Donadze, Avtandil public in February 2003. Wolfgang Gabunia, Merab Korashinidze, Akaki Daschner, the vice-President of the Mosashvili, and Mikhail Nikolozashvili – Frankfurt am Main police, ordered a opened in Vake-Saburtalo District Court in subordinate police officer to threaten the Tbilisi on 27 August. The seven men had use of force against a criminal suspect in been arrested by police on 12 March 2004 order to obtain information about the in an operation marred by excessive use of whereabouts of a kidnapped 11-year-old force by police. Two others were also boy. arrested at the time, but were released before the trial started. On 20 December 2004 Wolfgang Daschner and a subordinate police officer were found Basil Mkalavishvili and Petre Ivanidze stood guilty of threatening a suspect with torture trial accused of storming the Ombudsman’s (under Article 240 part 1 of the Federal office in Tbilisi on 22 January 2001; of Criminal Code). However, the Regional breaking up two religious gatherings of Court found that there were some Jehovah’s Witnesses in January and mitigating circumstances in their cases and February 2001 respectively; of an attack on therefore issued only a caution under the Baptist church in Tbilisi in March 2001; penalty, which means that both officers will and of burning United Bible Society and have to pay a fine if they commit a new Baptist books in Tbilisi in February 2002. crime within the next year. Despite the The charges against them included “illegal statement of the Presiding Judge that interference with the execution of religious torture is a crime violating international and rites or other religious rules and habits” constitutional law, AI remained concerned (Article 155 of the Criminal Code), about the leniency of the sentence. “persecution” (Art. 156), “beatings” (Art. 125), and “arson” (Art. 187 part 2). The AI also remained concerned about the lack five co-defendants were only charged with of an active, unequivocal response from “putting up resistance to the police” (Art. senior politicians and constitutional lawyers 353) relating to the police operation on 12 reaffirming Germany’s commitment to March. upholding international obligations on the prohibition of torture. There were allegations that at least four victims who had suffered particularly Ratification of the Optional Protocol severely from the attacks – Leila to the UN Convention against Torture Kartvelishvili, Beniamin Bakuradze, Otar Kalatozishvili and his son Zaza Kalatozishvili Although Germany supported the adoption – were dropped from the list of those called of the Optional Protocol to the UN Convention against Torture and Other Cruel,

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Inhuman or Degrading Treatment or the provision is still very vague. The non- Punishment at the international level, there national can appeal against the deportation have been delays concerning its ratification, order only to one court in summary especially at the regional (Länder) level. proceedings and cannot challenge the After a long period of hesitation and decision of the court at another instance. reluctance, the Ministers of Interior of the 16 Länder expressed their general support Refugee status revoked for the aim of the Protocol and recommended bringing forward the process In 2004 the German authorities continued of its ratification. to revoke the refugee status in particular of refugees from Afghanistan, Iraq and The Protocol calls, inter alia, for the Kosovo. In 2004 such status had been establishment of an independent revoked in a total of over 10,000 cases. mechanism for monitoring detention Those affected by this situation may stay in facilities nationally. Consultations about the Germany but lose all their rights as establishment of such a mechanism are refugees. The authorities developed plans under way. AI urges the authorities to to deport refugees back to Afghanistan and ensure that any such national mechanism Iraq, as well as sending members of has an appropriate remit, and adequate minority groups back to Kosovo in 2005, resources, to enable it to fulfil the despite the fact that the human rights requirements of the Protocol. situation in these countries continued to cause great concern. Concerns about asylum-seekers and refugees Asylum seekers from Chechnya (Russian Federation) New Immigration Act During the period under review more The new Immigration Act asylum-seekers from Chechnya were (Zuwanderungsgesetz) was set to come granted asylum than in previous years. into force in 1 January 2005, following a Nevertheless, a huge group of Chechen compromise reached by a mediation asylum-seekers were denied refugee committee of both houses of parliament protection as the German authorities (Bundestag and Bundesrat). AI welcomed claimed that they had the option of living in provisions in the new regulations which will safety outside the Chechen Republic within improve the situation of victims of human the Russian Federation. This group was at rights violations committed by non-state risk of being forcibly returned to Russia. actors and of gender-based violations, who However, AI considered that they can now be recognized as refugees. AI continuing levels of discrimination faced by remained concerned, however, at several Chechens in Russia rendered them at risk of provisions which it fears may worsen the human rights violations. situation of asylum-seekers and people who do not get a residence permit but are instead “tolerated” (geduldet) – which means that their stay is illegal but they are GREECE not deported.

AI also expressed concern about a provision Disputed deaths of migrants enabling the authorities to order the deportation of non-nationals when the On 3 November, trial proceedings were German authorities suspect that they have scheduled to start against a police officer links with “terrorist groups” or have accused of the fatal shooting of 18-year-old supported “terrorist activities”. Although Albanian Vullnet Bytyci on 23 September the suspicions must be based on evidence, 2003, when the latter tried to cross the Greek-Albanian border clandestinely. AI

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was informed that, by December, visas had In December, AI expressed serious not been granted to Vullnet Bytyci’s family concerns about reports that Greek police by the Greek embassy in Albania, so that officers subjected a group of Afghan they could be present at the trial. As civil asylum-seekers to interrogation techniques claimants, the family’s presence is required which included the torture of both adults under Greek law for the case to be heard. and minors, and called on the authorities to In addition, the organization received conduct a prompt, thorough and impartial allegations that the translation provided of investigation of the allegations, and to bring the Albanian witnesses’ testimonies given perpetrators to justice (see press release, at the time of the incident, which were to Greece: Alleged torture of asylum-seekers be used as evidence in the trial, was flawed. must be investigated, AI Index: EUR AI urged the authorities to take all 25/016/2004). On 13 December, police necessary steps to ensure that the officers in civilian clothes visited a house in proceedings complied with international fair the Agios Panteleimonas area of Athens, trial standards, including by ensuring that where between 40 and 60 Afghan asylum- the statements of all witnesses were seekers and refugees were lodging. The thoroughly examined and that all crucial police were seeking information about an witnesses, as well as the victim's family, Afghan national who had escaped from were able to attend the trial and be court, where he had been taken on charges provided with professional interpreting of staying illegally in the country. The police services. AI also reiterated concerns collected all those present in the house, regarding the misuse of firearms by the including minors, in one room and allegedly police, policing of Greece's north-western beat them severely, torturing some of them. border, and the treatment of Albanian The same sequence of events was repeated migrants. The trial was eventually in the following days in the same house. postponed until February 2005. Police officers took a 17-year-old boy to the police station and reportedly tortured him According to reports Luan Bërdëllima, a 36- there. He said that they undressed him, year-old Albanian working in Greece, died forced him on the ground, spread his legs on 25 August, after falling unconscious and put a gun to his temple, threatening to from a blow to the head by a police officer kill him. A police officer reportedly took a 11 days earlier. Luan Bërdëllima was said to photograph on his mobile phone. have been drinking coffee in a cafe in Reportedly, around 60 Afghans (lodgers Athens with some Albanian friends when and visitors to the house) were beaten, but several police officers entered, and checked – fearing reprisals – only 30 of them their papers, which were in order. complained. At least 17 of the victims were According to witnesses, the police officers aged 15 to 17. In addition, AI expressed insulted the men because they were concern about reports that police took Albanians. Luan Bërdëllima told the police documentation from three of the Afghans, not to speak to them in that manner, who were in the process of seeking asylum whereupon one of the police officers hit him in Greece, and failed to return their papers on the head with the butt of his pistol and to them. AI stated that, in its view, the then fled after Luan Bërdëllima fell to the circumstances which led to previous ground unconscious. Luan Bërdëllima refugee movements from Afghanistan had remained in a coma until his death. The not yet changed in a manner that should organization has received information that lead hosting countries to believe that it was an investigation into the case was initiated safe to return asylum-seekers to but that Luan Bërdëllima’s companions, Afghanistan, and called on the authorities who would have acted as witnesses, were to afford adequate protection to this advised by their lawyer to leave Greece. vulnerable group.

Ill-treatment of migrants

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Impunity concerns at end of trial Trafficking of children proceedings (update to AI Index: EUR 01/005/2004) In November, AI expressed concern at the failure of the Greek authorities to A high profile alleged rape case of Ukranian investigate thoroughly the case of 502 national Olga B. came to a close on 22 children, many of whom had been trafficked, December, with the acquittal by the jury of who went missing from the Saint Barbara the police officer accused of the rape. AI Children’s Institution in Athens between had expressed concerns about impunity of 1998 and 2002. The children, the great the police and independence of the judiciary majority from Albania, went missing throughout the proceedings. At a first trial between 1998 and 2002 from the state-run the policeman was acquitted, as the court children’s home in Athens, where they were failed to call the victim to the trial and being sheltered after being taken off the concluded, in May 2003, in her absence, streets by police. Many of the children were that she had consented to sexual apparently victims of traffickers, who intercourse. At that time, the bar owner exploited them by putting them to work on had been convicted of trafficking for the the streets selling trinkets or begging. AI purposes of prostitution and sentenced to expressed concern that the children were three years’ imprisonment. The three co- not protected adequately at the institution defendants were convicted of procuring or and that once the children went missing, assisting in trafficking women and received little or no effort was made by the Greek two-year prison sentences. All prison authorities to ascertain their whereabouts. sentences were converted to fines of €1600 The fate and current whereabouts of these for each of these defendants, as well as the children was unknown, although it seemed bar owner. The court then failed for a likely that many went back onto the streets second time to call Olga B. to testify, at a into the hands of traffickers and continued re-trial in October 2003. AI had also to be exploited. Despite intervention by expressed concerns about the failure of the non-governmental organizations, including authorities to provide state protection and the Swiss-based Terre des Hommes and the legal aid to the victim throughout. In Greek Helsinki Monitor, and a report issued September 2003, Olga B. filed a complaint in March 2004 by the Greek Ombudsman, against the two bailiffs who had falsely following a request for investigation by the claimed to have served her the summons Albanian Ombudsman, by the end of the for the first trial. The case is to be heard in period under review the Greek authorities 2005. had not yet undertaken a thorough and impartial judicial investigation into the case, In another trafficking trial, which concluded although a preliminary police inquiry was on 3 December, the three-member Felony launched in May 2004. Appeals Court sentenced one person to 25 years’ imprisonment on trafficking charges. Conscientious objection The victims, Romanian citizens Gina M. and Camelia P., at the time aged 16 and 15 On 16 December the Naval Court of Piraeus respectively, had filed complaints against sentenced Lazaros Petromelidis to 30 the traffickers in October 1998. By the time months’ imprisonment on two counts of of the trial hearing, charges on the offences insubordination (relating to incidents on 26 of pimping and pandering were dropped as July 1999 and 3 July 2003). Prior to the a result of the statutory limitation of five trial, AI had expressed concerns about the years for misdemeanours. One of the two repeated prosecutions against Lazaros key individuals accused, as well as 10 Petromelidis, who is the President of the others, did not stand trial because they Association of Greek Conscientious could not be located. State protection had Objectors. He first objected to military not been provided to the victims. service on grounds of conscience in 1992, refusing to perform the alternative service

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he was offered, as it was located further knee in the detainee’s back. Jakub Richárd away and was seven-and-a-half times died while being held in this way. The same longer than the military service he would police procedure in immobilizing a suspect otherwise have had to perform. He has had resulted in death of a Bulgarian been repeatedly persecuted since. national in June (see AI Index: EUR 01/005/2004). When the members of Jakub On 13 September conscientious objector Richárd’s family heard about his death they Giorgos Monastiriotis, 24, was arrested and surrounded the body and initially refused to brought directly to the Naval Court of allow the police to take it away. A forensic Piraeus for trial. He was sentenced on the medical examination ordered by the same day to three years and four months’ Budapest Central Police Station reportedly imprisonment for desertion, and was taken established that Jakub Richárd died as a immediately to prison in Corinth. Giorgos result of a pre-existing heart condition, Monastiriotis, who had joined the Greek exacerbated by the physical and Navy on a five-year contract, had refused, psychological stress of the chase. Jakub citing conscientious reasons, to follow his Richárd’s family stated that they had not unit in May 2003 when the frigate been aware of this condition. There was "Navarino", on which he was serving, was concern about other findings and whether sent to the Persian Gulf (as part of they had in any way influenced Jakub operation "Enduring Freedom"). He is the Richárd’s death. These included an injury to first Greek professional soldier known to the windpipe, presence of sand in his throat have refused to participate in the recent and a swelling to the brain. A second war in Iraq on the basis of his conscientious forensic analysis confirmed the findings of objection and to have declared his the preliminary conclusions. These were not resignation from the Navy for this reason. challenged by the investigating prosecutor AI regarded Giorgos Monastiriotis as a or the parliamentary commissioner for prisoner of conscience, and called for his human rights. However, there was no immediate and unconditional release. independent inquiry into whether the Giorgos Monastiriotis was subsequently above-described police procedure to released on appeal. immobilize suspects was in line with international standards on the use of force. AI urged the authorities to stop prosecutions against all conscientious On 7 December, in Szigetvár, police officers objectors and to introduce an alternative took Géza S. and his wife, who are Roma, fully civilian service, of non-punitive length, to the police station for questioning. “They according to European and international pushed us into the car and kept repeating: standards and recommendations. ‘you are going to die now filthy gypsies,’” Géza S. told the Roma Press Center. He also stated that he and his wife were questioned in separate rooms where five HUNGARY officers reportedly beat them in the course of one-and-a-half hours in order to extract their “confessions” to thefts which had Death in suspicious circumstances occurred on 25 November. The ill-treatment and ill-treatment of Roma stopped when the victims managed to produce train tickets proving that they had According to the Roma Press Center, on 25 not been in town on the particular date. July at around 6pm, in Kecskemét, three They were released shortly afterwards. police officers pursued Jakub Richárd, a 19- Géza S. was subsequently admitted to a year-old Romani youth for whom an arrest hospital, where he received treatment for warrant had been issued. One of the kidney, lung and corrugation injuries. The officers reportedly tacked Jakub Richárd to Baranya County Prosecutor Investigation the ground, twisting his arm behind his Bureau initiated an investigation into the back and pressing him face down, with his case.

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his eye, his side and right leg. He was then Relatively very few cases of police ill- left to walk 15 kilometres back to his house. treatment of Roma ever result in prosecution of those suspected of human rights violations. On 21 July, the European Court of Human Rights found that the ITALY Hungarian Government had violated the European Convention on Human Rights in the case of Sandor Balogh v. Hungary. The Scrutiny by the UN Committee on case concerns ill-treatment in custody Economic, Social and Cultural Rights which occurred on 9 August 1995 in Oroshaza police station, where Sandor The UN Committee on Economic, Social and Balogh had been interrogated for several Cultural Rights considered Italy’s fourth hours. During the questioning he was periodic report on its implementation the repeatedly slapped by the officers across International Covenant on Economic, Social the face and his left ear and punched on and Cultural Rights in November. The areas the shoulder. He suffered a serious injury to of concern indicated in the Committee’s his ear for which he received hospital concluding observations included those treatment. Criminal proceedings initiated in outlined below. November 1995 against the police officers involved were suspended after a medical * The lack of an independent national expert concluded that it could not be human rights institution (NHRI) conforming established whether the injury in question to the so-called ‘Paris Principles’ relating to had been caused before, during or after the functioning of NHRIs, adopted by the Sandor Balogh’s interrogation by the police. UN General Assembly in 1993. The In its ruling, the Court held that there had Committee recommended that Italy been a violation of Article 3 (prohibition of undertake “with a broad base of civil inhuman or degrading treatment) and society representatives and with the awarded Sandor Balogh pecuniary and non- support of the National Institutions Unit of pecuniary damages. the Office of the UN High Commissioner for Human Rights”, the necessary consultations In another positive development, on 30 concerning the possible establishment of an December eight police officers were NHRI. changed by the Kaposvár Military Prosecution Office for illegally detaining * The limited implementation of measures Rudolf Rigó, a 31-year-old man from already adopted by Italy to combat racism Kaposhomok, and beating him, on 31 and discrimination, in particular the failure January 2004. Rudolf Rigó stated to the to establish any regional or local bodies, as Roma Press Center that the police officers envisaged under a legislative decree of beat him in order to force him not to press 1998, to monitor these phenomena. The charges against their colleague, the local Committee recommended the effective deputy, who repeatedly verbally insulted implementation of the measures already him by calling him Cigány (Gypsy). Rudolf adopted, including through the Rigó’s mother-in-law observed from a establishment of adequately resourced neighbouring house how six black-hooded monitoring bodies across the whole country. police officers surrounded his house. Two other officers went into the house and came * The lack of “comprehensive legislation on out dragging Rudolf Rigó away in handcuffs asylum-seekers”. The Committee called on and forced him into a police car. When the Italy to adopt such legislation and to ensure car stopped on a remote country road, that the economic, social and cultural rights Rudolf Rigó stated, the police officers pulled of asylum-seekers “are duly taken into him out of the car and beat him for 10 account”. minutes. As a result of the beating Rudolf Rigó suffered a broken nose, and injuries to

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* The small number of complaints of awaiting full parliamentary discussion at the domestic violence lodged, especially by end of December. women, despite the relevant measures taken to combat domestic violence. The There were fears that many people in need Committee urged Italy to intensify its of protection were forced to return to efforts to combat this human rights countries were they were at risk of grave violation and to undertake information human rights violations. Excessive delays in campaigns to educate the population the asylum determination process, regarding the consequences of domestic combined with inadequate provision for the violence. basic needs of asylum-seekers, resulted in many people being left destitute while * The continuing plight of Roma immigrants awaiting the outcome of initial asylum “living in camps with poor housing, applications. unhygienic sanitary conditions, limited employment prospects and inadequate Hundreds of migrants and asylum-seekers educational facilities for their children”. The continued to arrive on southern shores by Committee urged increased efforts to build boat and many others perished in the more permanent housing settlements for attempt. Many such boats set out from Roma immigrants and all necessary Libya. AI feared that the Italian measures taken to promote their government’s attempts to deal with arrivals integration into local communities, to offer by sea risked seriously compromising the them job opportunities and to make fundamental right to seek and enjoy asylum adequate educational facilities available to and the principle of “non-refoulement” that their children. prohibits the forcible return of an individual to a territory where s/he would be at risk of Asylum and immigration serious human rights violations. The Office of the UN High Commissioner for Refugees (UNHCR), AI and a number of other There was still no specific and domestic and international organizations comprehensive law on asylum. The working for refugees’ human rights protection for asylum-seekers offered under expressed deep concern about a number of certain provisions of immigration legislation episodes where the fundamental rights of (the so-called Bossi-Fini law 189/2002), the people arriving by sea were not respected. implementing legislation of which was not published until December, did not * In July UNHCR expressed “strong concern guarantee access to a fair and impartial over apparent disregard for accepted individual asylum determination procedure. international and European standards and Its provisions allowed many asylum-seekers for fundamental elements of due process” to be detained or restricted in their liberty, in connection with the expulsion to Ghana in circumstances beyond those allowed of 25 asylum-seekers. They were among a under international standards. The group of 37 people who had been allowed, legislation also provided for the majority to on humanitarian grounds and after have their asylum applications handled via considerable delay, to disembark in Italy an accelerated, summary procedure and to from a boat, the Cap Anamur, belonging to be expelled from Italy while awaiting the a German non-governmental organization outcome of appeals lodged against negative of the same name. (For further details see decisions on asylum applications arrived at www.amnesty.it - Press Release No.CS91- through the summary process. AI was 2004) concerned that similar provisions were contained in a draft bill concerning *In October UNHCR expressed “deep humanitarian protection and the right of asylum (C.1238-A), submitted to concern” over the fate of hundreds of parliament during 2004, and which was still foreign nationals, the majority of them apparently from North Africa, who had

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arrived on the southern island of whereupon they were transferred initially to Lampedusa, following reports that many a closed detention centre for aliens. UNHCR were being sent to Libya “without proper welcomed the government’s decision to assessment of their possible protection “finally receive” the asylum-seekers, needs”. It said that lack of access to the “thereby fulfilling its international and individuals concerned, in both Italy and European legal obligations”. Libya, was preventing UNHCR from exercising its mandate to ensure that * Despite the Italian Ministry of Interior’s refugees are properly protected. AI called assurances of acting lawfully, AI was deeply for such access to be granted immediately. troubled by the apparent speed used in UNHCR subsequently reported that some deporting hundreds of people to Libya in five days after requesting authorization, December. On 20 December, hundreds of and “following the return by air of more foreign nationals who had recently arrived than 1,000 persons to Libya”, it was in Italy were deported from Crotone granted access to the Lampedusa (Calabria) to Libya, apparently without processing centre where those arriving had adequate safeguards. AI feared that the been held initially. Its preliminary third country nationals sent from Italy to evaluation was that “the rushed method Libya (which is not a party to the UN used to sort out the incoming persons by Refugee Convention) might be at risk of nationality” had “not allowed individual arbitrary detention, or detention on charges, persons from all national groups concerned including actual or alleged illegal entry into to claim asylum.” (For further details see AI and exit from Libya, and of ill-treatment Index: EUR 30/01/2004) while in detention.

* On 22 October UNHCR urged Italy in Within days AI received reports that Libya particular, but also Malta, to act in was planning to deport dozens of refugees accordance with their responsibilities under recognized by the UNHCR office in Libya: international law without further delay in the refugees, including children and infants, connection with the situation of 13 male were being detained at the deportation asylum-seekers on board a German-owned centre of the immigration department in container vessel, the Lydia Oldendorff, Tripoli. On 23 December AI expressed fear which had been moored in international that these refugees might be forcibly waters off Malta’s coast since 15 October. returned to their home countries. AI urged When the vessel had docked in the Italian the Libyan government to halt all port of Gioia Tauro (Sicily) on 9 October, deportations of recognized refugees and to the asylum-seekers, all claiming to be grant all refugees and asylum-seekers the Turkish Kurds, were found hiding in a opportunity to challenge any decision to container which had been unloaded from deport them and the right to seek and the ship. They were then apparently taken enjoy asylum in Libya, if they so chose. AI to a local police station where they said reiterated its call to the Italian government they tried to claim asylum but were unable to guarantee that foreign nationals arriving to do so. They were put back on board the in its territory have access to a fair and ship which proceeded to Malta where it satisfactory asylum procedure and offloaded cargo but where the asylum- reminded the government of its obligation seekers were not allowed ashore. The ship’s to admit asylum-seekers and refugees to its next destination was Turkey, the men’s territory without discrimination. (For further claimed country of origin. information see AI Index: MDE 19/022/2004) UNHCR pointed out that under international law Italy appeared to have responsibility for Temporary holding centres for aliens assessing the 13 asylum claims. On 23 (Centri di permanenza temporanea) October the Italian government agreed to accept the asylum-seekers back in Italy and they disembarked in Sicily later that day,

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Thousands of foreign nationals without a facilities, in line with international standards. right of residence in Italy, or suspected of AI continued to call for the treatment and not having such a right, were detained in conditions of the inmates to be brought temporary holding centres where they could fully in line with relevant international remain for up to a maximum of 60 days human rights standards relating to asylum- before expulsion from the country as illegal seekers and all detained persons. immigrants, or release. However, delays and inefficiencies in the processing system Criminal investigations into alleged ill- led to some people being detained treatment of inmates (Update to AI Index: repeatedly for the maximum period. The EUR 01/005/2004) centres held foreigners detained after arriving by boat, or detained on the streets * The trial of a Roman Catholic priest or in the community, as well as after transfer from prison detention in connection employed as the director of Regina Pacis temporary holding centre in Puglia province, with criminal offences. Many inmates experienced difficulties in gaining access to two doctors, five members of the administrative personnel and 11 carabinieri the expert advice necessary to challenge providing the centre’s security service, was the legality of their detention and of expulsion orders. Some inmates trying to still under way at the end of December. The defendants had been ordered to stand trial pursue asylum claims were unable to gain access to the asylum determination process in connection with the physical assault and and, in some cases, to close relatives living racial abuse of inmates in November 2002. in Italy.

* The Bologna Public Prosecutor concluded Tension in the centres was high, with frequent protests, including escape a criminal investigation into allegations that attempts, and high levels of self-harm. some 11 police officers, one carabiniere and There were reports of frequent a member of the Red Cross administration overcrowding, unsuitable infrastructures, running the via Mattei holding centre were unhygienic living conditions, unsatisfactory involved in a physical assault on inmates in diets and inadequate medical care. Several March 2003. The Prosecutor indicated that criminal investigations were under way into he would be requesting the committal for alleged physical assaults on inmates by trial of at least four police officers. security and administrative staff. The Council of Europe’s Committee for the At the end of December, lawyers Prevention of Torture and Inhuman or representing three former inmates of the Degrading Treatment or Punishment (CPT) holding centre, were still awaiting the stated that, in talks with the Italian decision of the relevant judge on the authorities at the end of a visit to Italy challenge they had lodged against the carried out in December, during which it Prosecutor’s request that no further action examined, among other things, the be taken in connection with allegations conditions of detention and the safeguards made by the former inmates. The inmates offered to foreign nationals held in had alleged that they and other detainees temporary holding centres in Sicily, the had regularly been given strong sedative authorities announced the closure of the drugs without their knowledge in the course Temporary Holding Centre at Agrigento of 2003. “following an immediate observation” made by the CPT delegation. Such reports Ill-treatment and excessive force by exacerbated AI’s concern about the law enforcement officers on the continuing absence of any permanent, streets and in detention facilities independent monitoring and inspection body, mandated to make regular, A number of the reports of alleged ill- unannounced visits of inspection to the treatment by law enforcement officers holding centres and similar detention

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concerned immigrants from outside the could not be identified because their faces European Union, including Roma. Police were frequently hidden by riot helmets, shootings, some fatal, occurred in disputed masks or scarves during the raid and they circumstances. A number of criminal displayed no other means of individual investigations were under way into such identification. AI has repeatedly advocated incidents. Some officers were brought to that Italian police practice in such policing trial but in general law enforcement officers operations should be brought in line with enjoyed considerable impunity. the European Code of Police Ethics and that officers should display prominently some Policing of 2001 demonstrations (see form of identification, such as a service previous editions of AI Concerns in number, in order to avoid situations of Europe and Central Asia, Italy) impunity.

Among the ongoing criminal proceedings * The Genoa Public Prosecutor’s Office were a number relating to policing requested the committal for trial of 12 operations surrounding the mass carabinieri, 14 police officers, 16 prison demonstrations which occurred in Naples in officers and five prison doctors and nurses March 2001 and during the G8 Summit in who, at the time of the G8 Summit, were Genoa in July 2001. on duty inside Bolzaneto temporary detention facility, through which over 200 * In July, 31 police officers on duty in a detainees passed, including the majority of carabinieri barracks used as a detention those detained inside the GSF centre. The facility on the day of the Naples charges envisaged included abuse of demonstration, were committed for trial on authority, threats, assault, falsification of charges ranging from abduction to bodily records and failure to officially report harm and coercion: some officers were injuries. A judge of preliminary additionally accused of abusing their investigation was scheduled to start position as state officers and of falsifying examining the request in January 2005. records. Their trial opened in December. * In October a police officer became the * In December 28 police officers, including first law enforcement officer to be several high-ranking officers, involved in an sentenced in connection with the G8 overnight raid on a building legally occupied Summit policing operation. The officer, who by the Genoa Social Forum (GSF), the main had opted to be tried using a fast track organizer of the official Genoa procedure, which allows sentences to be demonstrations, were committed for trial. reduced by a third, was given a 20-month The trial was due to open in April 2005. The suspended sentence and ordered to pay charges against the defendants included compensation for striking a 15-year-old assault and battery, abusing their powers demonstrator in the face with his truncheon. as state officers and falsifying and planting At the same time, five other officers who evidence, apparently in order to justify the were accused of participating in assaults on raid, the arrest of 93 people inside the the boy and six other demonstrators and building and the degree of force used by had opted to be tried using the ordinary officers. 62 of those arrested suffered criminal process, were committed for trial injuries during the raid, some of them to answer charges including abuse of requiring urgent hospitalization and in some authority, threats, assault, perjury and cases surgical operations. Criminal falsification of records. The boy and the investigations against the 93 people, who other six demonstrators had originally been had been accused of violent, criminal accused of assaulting officers and resisting offences, had all been dropped by February arrest, but the boy had already been 2004. Scores more law enforcement officers cleared of the charges by a court of first involved in the raid, and believed to have instance, while the prosecutors had already participated in physical assaults, apparently

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requested that no further action be taken veto of the proposals would re-launch the against the other demonstrators. reform process, allowing further consultation with all sectors concerned, The justice system including experts in constitutional law, “to approve reforms that are consistent with international norms and principles of an Threats to the independence of the independent judiciary”. judiciary (see previous editions of AI

Concerns in Europe and Central Asia, Excessive length of judicial proceedings Italy)

In September, in the context of its ongoing There was continuing tension between the monitoring of the excessive length of government and many magistrates who judicial proceedings in Italy, the Committee argued that proposed reforms to the justice of Ministers of the Council of Europe system would undermine their expressed concern that “an important independence. In December the UN Special number of reforms” announced since 2000 Rapporteur on the independence of judges was “still pending for adoption and/or for and lawyers expressed concern to the effective implementation”. It deplored the President of the Republic that the reforms fact that “no stable improvement” could yet represented “a worrying limitation” to the be seen as regards the effectiveness of the independence of the judiciary. He welcomed, measures so far adopted to address the therefore, the president’s decision, taken problem and said that, with a few earlier in December, not to ratify the exceptions, “the situation generally reforms and to return the relevant judicial worsened between 2002 and 2003 with the reform bill to parliament. increase in both the average length of the

proceedings and the backlog of pending Among the concerns indicated by the cases”. Rapporteur in a December letter to the

President were the role of the Minister of Continued failure to introduce a crime of Justice in nominating a Chief Prosecutor, torture into the Penal Code paving the way for “possible government interference”, and the weakening of the role Italy ratified the UN Convention against and powers of the Higher Judicial Council Torture in 1988 but legislative initiatives to (Consiglio Superiore della Magistratura), introduce a specific crime of torture into the the independent body in charge of Penal Code, at least as broadly defined as administering and controlling the judiciary. in the Convention, and as repeatedly He also expressed concern about new recommended to Italy by a number of UN powers “attributed to the Executive over treaty bodies, continued to suffer delays the Judiciary, especially the role of the and setbacks. In April 2004 a plenary Minister of Justice in disciplinary session of the Chamber of Deputies had proceedings” which “are in conflict with the approved an amendment to draft legislation independence of the judiciary and, in the proposing the introduction of a specific future, are likely to result in undue crime of torture which, among other things, Executive interference in the disciplinary and in contrast with the definition contained process and decisions affecting judges”. in the UN Convention against Torture,

defined torture as existing only in the event The Rapporteur said he was concerned that, of repeated threats or violence. However, “instead of reducing the tensions that have the text of the draft legislation was then existed since the judiciary began returned to the Chamber of Deputies’ investigating corrupt practices among public Justice Committee for further review, where officials and prosecuting several politicians” it appeared to have made no progress by the proposed reforms would have “only the end of December. further aggravated the situation”. He expressed the hope that the President’s

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International Criminal Court: failure to China and Kyrgyzstan in the past six years, enact implementing legislation notwithstanding the high risks of serious human rights violations they faced in China. The Rome Statute of the International They were all reportedly members of the Criminal Court entered into force in July East Turkestan Liberation Party and had 2002, triggering the jurisdiction of the first been accused of “extremist” activities. permanent international court capable of investigating and bringing to justice Freedom of Expression (update to AI individuals who commit some of the most Index: EUR 01/001/2004) serious violations of international law: genocide, crimes against humanity and war In August Galymzhan Zhakiyanov, one of crimes. Italy played a major role in the the leaders of the opposition Democratic drafting of the Rome Statute, and ratified it Choice of Kazakstan (DVK) party, was in 1999. AI is concerned that, despite this, transferred from prison to a more relaxed and despite numerous promises, by the end regime at a so-called colony settlement in of December 2004 Italy had still not Pavlodar region. He had been sentenced to enacted implementing legislation making it prison in 2002 for “abuse of office” and possible to investigate and prosecute such financial crimes. He was apparently crimes under international law in its own targeted because of his peaceful opposition courts or to co-operate with the activities. International Criminal Court in its investigations and prosecutions. Sergei Duvanov, an independent journalist, was conditionally released in August after having served half of his sentence. Observers believed that the decision to ban KAZAKSTAN him from taking part in public meetings was intended to prevent him from campaigning in the September parliamentary elections. “War on Terror” Sergei Duvanov had been sentenced in January 2003 to three-and-a-half years in In October the Supreme Court classified the prison for allegedly raping an underage girl Islamic Party of East Turkestan from after a trial which according to international China’s Xinjiang Uighur Autonomous Region observers fell far short of international fair and the Islamic Movement of Uzbekistan trial standards and may have been (IMU) as terrorist organizations and banned politically motivated. On 29 December a their activities. court ordered his transfer to a colony settlement which allowed him to work and In November the National Security live at his home. Committee (KNB) announced that it had arrested nine Kazak and four Uzbek nationals in connection with a series of explosions and attacks on police KYRGYZSTAN checkpoints in March and April and three suicide bombings in July in neighbouring Uzbekistan. Four Kazak women who Human rights defenders reportedly trained as suicide bombers were also detained. All detainees were described On 16 November Tursunbek Akun, the as members of a previously unknown chairman of the Human Rights Movement of organization, the Mujahedin of Central Asia, Kyrgyzstan and head of the opposition an armed group reportedly with links to the political movement known as the People’s IMU and Al-Qa’ida. Patriotic Movement of Kyrgyzstan, failed to return home from a meeting in the centre Also in November the KNB announced that of the capital Bishkek which was allegedly Kazakstan had extradited 14 Uighurs to set up by members of the Ministry of

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National Security (MNS). His relatives and In March, it was reported in the official supporters were concerned that his Chinese media that two men, Rahmutulla “disappearance” was related to his Islayil and Arken Yakuf, both Uighurs from campaign to call for the impeachment of Urumqi, had been executed after being President Akaev. The MNS publicly denied extradited to China from Kyrgyzstan in July any involvement in the “disappearance” of 2002. They were reportedly sentenced to the human rights activist. Tursunbek Akun death in January 2004 after being convicted reappeared two weeks later at a hospital in of the murder of a Chinese diplomat and his Bishkek reportedly in a weak and exhausted chauffeur in the Kyrgyz capital, Bishkek, in state. He was released from hospital a day June 2002. Shortly after their arrest in later. He maintained that he was abducted Bishkek, the Kyrgyz Interior Minister by MNS agents and that he was held in a reportedly suggested that the crime was basement in an unknown location by men not political in nature, but was rather the he claimed to be affiliated to the Interior accidental result of a struggle for power Ministry (MVD). The MNS and MVD between criminal gangs. However, at the continued to deny any involvement in his time of their handover to China, it was alleged abduction. announced that according to Kyrgyz Foreign Ministry data, the two were "active The death penalty members" of the East Turkestan Liberation Organization, a group that had previously A moratorium on executions which came been condemned by China as a "terrorist into force in 1998 was extended until the organization". end of December. According to official information, 31 men were sentenced to Official Chinese sources indicate that they death between 30 June 2003 and 30 June were "officially arrested" (i.e. charged) in 2004. China on 31 October 2002. They were sentenced to death on 12 January 2004 by Conditions on death row the Urumqi Intermediate People’s Court. Their appeal to the Xinjiang Regional High At least 130 men were believed to be on People’s Court was rejected, and the court death row. These numbers have steadily issued the execution order on 25 March. No accumulated since the moratorium on further details have been made public about executions came into force in 1998. This the nature of the evidence against them or meant that some of those currently on the circumstances of their trial. death row have been in a state of continued uncertainty as to their ultimate fate and in Risks of extradition to execution very harsh prison conditions for many years, which amounts to cruel and inhuman At the end of the period under review at treatment. Tursunbay Bakir-uulu, the least eight men were in possible danger of Ombudsman of Kyrgyzstan, reported that extradition to China and Uzbekistan, where conditions on death row in two prisons were they would be at high risk of torture and problematic with five to six prisoners held execution. AI feared that the formal in cells meant for two. Dozens reportedly ratification of an extradition treaty between died from illnesses or suicide and some who China and Kyrgyzstan in March increased had been kept in single cells for a long time the risk that Uighurs would be returned to had lost the ability to move around unaided. China. He also reported that short visits by relatives and daily 30-minute walks had Three Uighurs, Bakhramjan Alimov (or been banned. Berhamjan), Askar Tohti (or Askar Tokhti) and Ali Mahsum (or Ali Mansum) were Extradited to execution in the name of sentenced in March 2001 in connection with the “War on Terror” bomb explosions which killed four people in the city of Osh, Kyrgyzstan in 1998. Bakhramjan Alimov and Askar Tohti were

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sentenced to death, but were not executed In November Prime Minister Hari Kostov due to the moratorium on executions. Ali resigned and was replaced by Vlado Mahsum received a 25-year prison term. Buchkovski. Supporters of the men claimed that they had nothing to do with the bombings, but In August parliament adopted a new rather that they had been targeted and regional law by which the previous 123 prosecuted because of their ethnic origin. municipalities were reduced to 80. The new internal borders - within which minorities On 31 December 2002 three further which constitute 25 per cent or more of the Uighurs, Ablimit (full name not known to population had their language recognized AI), Tohti Niyaz and Kayser Jalal were as an official language for that municipality reportedly sentenced in Bishkek to 16, 17 - provoked widespread demonstrations and 25 years in prison respectively for from ethnic Macedonians who saw the new forming an "unlawful East Turkestan boundaries, especially those relating to organization" and "illegal possession of Struga and the capital Skopje, as having weapons". Their lawyers reportedly claimed been drawn to favour ethnic Albanians. that they were convicted on the basis of However on 7 November a referendum fabricated evidence. against the new law failed due to insufficient turn-out. The two other men feared to be at risk of extradition were Uzbek nationals Nodir On 6 November armed Albanian militants Karimov (or Asadullo Abdullayev) and erected barricades and reportedly took Ilkhom Izattulayev, sentenced to death by control of the village of Kondovo on the the Military court of Kyrgyzstan on 19 outskirts of the capital Skopje, apparently February for involvement in violent crimes as a show of strength against the with a "religious extremist" background. For referendum on the new regional law. The example, they were reportedly accused of occupation lasted until 17 December when involvement in a bomb attack on the it was peacefully resolved after negotiations Dordoye market in Bishkek, the capital of between the militants and ethnic Albanian Kyrgyzstan, on 27 December 2002, and an party politicians attack on a bank in the Kyrgyz town of Osh on 8 May 2003, as result of which eight In October the European Union (EU) people were reported to have died and formally opened accession talks with dozens were injured. As of December the Macedonia. The EU, at Prime Minister two were believed to be in investigation- Kostov’s invitation, also extended the isolation prison No.1 in Bishkek. If mandate of Proxima - the EU police force extradited to Uzbekistan they would be at tasked with advising the country’s police imminent risk of torture and execution. The force – for a further 12 months from the brother of Nodir Karimov, Azizbek Karimov, expiry of its mandate on 15 December. who had been sentenced to death in Uzbekistan in February 2004, for his Unemployment and poverty levels remained involvement in the above crimes, was high. According to official figures some secretly executed in Uzbekistan in August 400,000 people (out of a total population of 2004, despite an intervention by the UN 2,002,547 as per the 2002 census) were Human Rights Committee asking for a stay unemployed and over 30 per cent of the of execution. population lived on an income of less than $US 2.15 per day. Members of the Romani community were especially disadvantaged, usually residing in substandard settlements MACEDONIA lacking basic amenities. Roma figured disproportionately highly as unemployed. Furthermore, only one in 10 Romani Background children completed elementary school: in

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practice a precondition for registering for treatment by security officials: in 15 of health and social insurance. these cases the police were the alleged perpetrators while the other three cases Extra-judicial executions at involved prison guards at Idrizovo prison. Rashtanski Lozja in 2002 (update to The MHC reported that often the victims’ AI Index EUR 01/005/2004) complaints were not investigated by an investigative judge, nor were charges On 15 November the trial began of three brought against alleged perpetrators former police commanders, two special police officers and a businessman accused CPT report published of the murder of the seven immigrants (six Pakistanis and one Indian) who were killed In September the Council of Europe’s in March 2002 in Rashtanski Lozja. Former Committee for the Prevention of Torture Minister of Internal Affairs Ljube Boshkovski, and Inhuman or Degrading Treatment or who was also indicted but had fled to Punishment (CPT) published its report to Croatia and remained protected from the Government of Macedonia after a extradition due to his dual November 2002 CPT visit. The report Macedonian/Croatian citizenship, remained deplored the lack of safeguards against ill- in detention in Croatia pending trial there. treatment. It observed that in certain cases, the severity of the alleged ill-treatment was The “disappeared” and abducted in such that it could be considered to amount 2001 (update to AI Index EUR to torture, and added that after the 01/005/2004) November 2002 visit the CPT had continued to receive reports of ill-treatment by law There was little progress in bringing to enforcement officials. Moreover, the CPT justice those responsible for the fate of 20 blamed the inactions of judges, public missing persons - 13 ethnic Macedonians, prosecutors and investigating police officers six ethnic Albanians, and one Bulgarian which it concluded “has fostered a climate citizen - who “disappeared” or were in which law enforcement officials minded abducted during the 2001 conflict between to ill-treat person have come to believe – security forces and the ethnic Albanian with very good reason – that they can do so armed group, the National Liberation Army with impunity”. (NLA). In September the Ministry of Internal Affairs stated that an arrest Pledging that they would act on the CPT’s warrant had been issued in connection with recommendations, the Macedonian the abducted ethnic Macedonians but that authorities committed themselves to: the suspect, a former local commander of “investigate all cases of ill-treatment or the insurgent ethnic Albanians, was in improper behaviour by law enforcements hiding. However, no indictments in officials identified in the reports…and to connection with the “disappeared” ethnic take appropriate action.” However, AI was Albanians had been issued by the end of not aware that the cases highlighted in the the year. CPT report, or in CPT reports of earlier visits, had been adequately investigated, or Police torture and ill-treatment its recommendations fully complied with.

There appeared to be a drop in the number Violence against women: Domestic of alleged instances of police torture or ill- violence and the trafficking of treatment, although cases continued to be women and girls for forced reported. The Macedonian Helsinki prostitution Committee (MHC) reported that in 2004 it had received information on 18 alleged Domestic violence against women remained cases, involving 35 people, of torture, ill- widespread. Official figures released in treatment or inhuman or degrading November reported 98 criminal charges and

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623 misdemeanour charges brought during AI’s concern was compounded by the year for domestic violence. continuing reports that inmates were frequently unable to exercise their rights The trafficking of women and girls for effectively as they lacked access to forced prostitution continued, with appropriate legal advice. Macedonia both a transit and a destination country. In December the police announced Severe delays also continued to affect the that in the previous nine months they had decision-making process regarding asylum discovered 39 cases of trafficking for forced applications, largely as a result of prostitution involving 79 victims. understaffing in the Refugee Commissioner’s Office and the Refugee Refugees and internally displaced Appeals Board. The Board was criticized for persons its systematic confirmation of first instance decisions of the Commissioner’s office, There remained some 2,400 registered usually without any accompanying internally displaced persons after the 2001 explanation. conflict in Macedonia, of whom about half were accommodated in collective centres, Amendments to the Refugee and while the remainder were with relatives. In Immigration Acts in August provided for an addition there were an estimated 1,500 increase to the resources available to the refugees from Kosovo, predominantly Roma. decision-making bodies and for inmates of detention centres to submit a request for conditional release on grounds that continued detention would be MALTA “unreasonable as regards duration or because there is no reasonable prospect of deportation within a reasonable time.” The Asylum and immigration legislation set out no criteria for assessing what would constitute an ‘unreasonable’ Hundreds of asylum-seekers and migrants length of detention pending the outcome of arrived by boat. The government continued applications for refugee status. However, its policy of automatically detaining those during the latter part of the year, arriving by sea without authorization, individuals whose applications for asylum regardless of whether or not they applied were still pending a definitive decision after for refugee status and holding them until 18 months were generally released. the conclusion of refugee determination proceedings or return to their country of The government continued to assert that it origin. At the end of December, over 800 would not be in Malta’s “national interest” people, including women and children, were to end the detention policy. In December held in detention centres: many were held the government said that it had agreed on on grounds, and for periods beyond those a policy document addressing all aspects of permissible under international norms. migration, to be discussed during a national conference on refugees and immigrants in AI remained concerned by the continuing early 2005. reluctance of the government to bring its policy in line with international standards Conditions of detention according to which asylum-seekers should be detained only when a legitimate reason The detention centres for asylum-seekers for doing so has been demonstrated in the and unauthorized migrants were run and individual case, only when other measures guarded by members of the police and short of detention will not suffice and only armed forces who lacked relevant training. for a minimal period. Conditions of detention in some of the centres continued to fall well below international standards. Following a large

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number of arrivals by sea between June The government had announced the inquiry and September, some centres were in May, after the publication of an AI report severely overcrowded, with many people describing the organization’s grave and sleeping on mattresses on the floor and ongoing concerns about the human rights some housed in tents. There were also situation in Eritrea, including the treatment reports of inadequate diets, sanitary of the Eritrean citizens deported from Malta arrangements and medical attention. to Eritrea in 2002 (AI Index: AFR Diseases such as tuberculosis and scabies 64/003/2004). Upon its publication, the were apparently prevalent. A number of Maltese government asserted that it had detainees developed mental health received no information prior to the problems. Tensions ran high and inmates departure of the Eritreans which indicated staged a number of protests. Some that the individuals would be at risk of detainees, including children, had little human rights violations if returned. AI’s access to exercise in the open air or to report provoked public debate in Malta and outside visitors, and had no recreational resulted in calls for an independent facilities. Children also still experienced commission of inquiry into the delays in gaining access to education. In government’s decision to deport the the absence of professional social welfare Eritrean citizens. workers visiting the centres, many of the basic material needs of the inmates, such In an Open Letter sent in June to the as clothing, continued to be met by local Minister for Justice and Home Affairs and to religious and non-governmental the magistrate conducting the inquiry (AI organizations, often working on a voluntary Index: EUR 33/002/2004), AI had basis and dependent on charitable welcomed the opening of the inquiry and donations. sought the authorities’ co-operation in providing it with details of the inquiry’s In July the government announced it was in precise terms of reference. It had also the process of setting up a centralized made recommendations aimed at ensuring social welfare service to address the needs that the inquiry was thorough and impartial. of asylum-seekers and refugees. In order to assist the inquiry, AI recalled and attached the detailed correspondence The government said its policy document which it had addressed to the Minister both on migration, agreed in December (see before and after the 2002 deportations, above) also included proposed measures to warning that Eritrea could not be improve accommodation facilities. considered a safe country for Eritrean asylum-seekers and pointing out specific Conclusion of magistrate’s inquiry into categories of Eritreans at particular risk of 2002 refoulement of Eritrean citizens serious human rights violations if returned. (Update to AI Index: EUR 01/005/2004) The Board of Inquiry and AI communicated In September the media reported the about the possibility of the organization publication of the findings of the Board of sending a representative to Malta to Inquiry (composed of a magistrate sitting participate in the inquiry. AI expressed its alone) which, according to a government willingness to co-operate with the inquiry press release, had been entrusted with and to send a representative from London examining whether the process leading to to Malta to confirm, under oath, the the deportation of some 220 Eritrean authenticity of the documents produced by citizens in 2002 was regular and legal, and the organization and to answer questions whether any individuals or authorities had relating to them, with certain basic provisos. exerted undue pressure for the Eritreans to AI was eventually unable to participate be returned. directly in view of the fact that the Board of Inquiry was not prepared to disclose its precise terms of reference to AI, nor to provide the one assurance which it had

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requested, namely that the Board would not and mental integrity of women and “as a seek information from the organization the form of discrimination that seriously inhibits disclosure of which might have had the women’s ability to enjoy their human rights effect of identifying sources who had given and fundamental freedoms on a basis of AI information in confidence, some of whom equality with men”. feared for their safety. In November UN Committee on Economic, The authorities did not provide AI with a Social and Cultural Rights, after considering copy of the inquiry’s eventual findings. Malta’s initial report on its implementation According to local media reports, the of the International Covenant on Economic magistrate apparently criticized the Refugee Social and Cultural Rights, also urged Malta Appeals Board for failing to supply the to expedite the adoption of the Domestic reasons for rejecting the asylum Violence Bill. applications lodged by some of the deportees, but concluded that this failure did not affect the legality of the whole process leading to deportation and that no MOLDOVA undue pressure had been exerted. It was unclear to what extent the inquiry had examined the deportations in the light of Torture and ill-treatment (Update to Malta’s obligations regarding the principle AI Index: EUR 01/005/2004) of non-refoulement contained in the UN Refugee Convention and AI’s warnings to In September 2004 the case against D.V. the government before the deportations and L.A.9 for assaulting police officers was were carried out. dropped, and a criminal case was started against the police officers who had allegedly Violence against women ill-treated them. This was believed to be ongoing at the end of the period under Women were frequently subjected to review. Both young men were reportedly domestic violence which was still not beaten by police in July 2003 as they were defined as a specific crime in law. returning home after attending a party in Leova. They were allegedly beaten on the In July the UN Committee on Elimination of street and then taken to the police station Discrimination against Women considered where the beatings continued for several Malta’s combined initial, second and third hours. periodic reports on its compliance with the UN Women’s Convention. Although the During the period under review there was Committee welcomed Malta’s efforts in no progress in the case of 14-year-old R.S. creating awareness on domestic violence who was allegedly ill-treated after being and establishing domestic violence services detained by police in Cojuşna village in July providing support to victims of domestic 2003. He was accused of committing a theft violence, it was concerned that a Domestic from a house in the village and pressured Violence Bill had been under discussion into signing a statement confessing to the since March 2000 and urged that high offence. He was reportedly beaten and priority be given to its adoption. The threatened by police officers and required Committee was also concerned that, under hospital treatment. The police dropped the the Criminal Code, “the crime of rape must charges against him in November 2003, but be associated with violence and that rape no investigation into the allegations of ill- as well as violent assault is considered in treatment was initiated. the Criminal Code under the title ‘Of Crimes against the Peace and Honour of Families and against Morals’.” It called, therefore, for the crimes of rape and violent assault to 9 The full names of these individuals are withheld to be defined as crimes against the physical protect their identities.

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Self-proclaimed Dnestr Moldavian The ‘Tiraspol Six’ (update to AI Index: Republic (DMR) (update to AI Index: EUR 01/005/2004) EUR 01/005/2004) In July the European Court of Human Rights In July tensions escalated further around ruled that both Moldova and the Russian the issue of Moldovan schools in the DMR Federation were responsible for the that teach Moldovan/Romanian in the Latin unlawful detention and torture and ill- script. On 1 July DMR authorities treatment suffered by Ilie Ilaşcu, Alexandru announced that the schools would be closed Leşco, Andrei Ivanţoc and Tudor Petrov- and refused to register the schools despite Popa. The court ruled that all had been an agreement brokered by the Organization detained arbitrarily and that Tudor Petrov- for Security and Co-operation in Europe Popa and Alexandru Leşco, held since 1992, (OSCE) in mid-2003. Parents, teachers and were still being detained arbitrarily, in pupils who peacefully protested against the breach of Article 5 of the European closure by occupying the schools were Convention for the Protection of Human harassed by police. On 29 July the school in Rights and Fundamental Freedoms. Rîbniţa was cleared of protesters by the police and six parents were given sentences of seven days’ administrative detention for disobeying the police and taking part in POLAND unsanctioned activities. On 9 August Grigorii Stratulat, the father of a pupil at Rîbniţa school, was sentenced to seven Concluding observations of the UN days’ administrative detention for resisting Human Rights Committee the closure of the school. AI expressed concern that Grigory Stratulat had been On 4 November the UN Human Rights detained for the peaceful defence of his Committee adopted its concluding right to freedom of expression (see AI observations and recommendations, having Index: EUR 59/002/2004). considered Poland’s fifth periodic report on its compliance with the International On 22 July the OSCE Permanent Council Covenant on Civil and Political Rights expressed its “extreme concern over the (ICCPR). The Committee noted situation created by the arbitrary actions of improvements made in the area of women's administration and law enforcement officials rights and welcomed the appointment of a in Tiraspol”. On 28 July Jan Petersen, Government Plenipotentiary on the Equal Chairman of the Committee of Ministers of Status of Women and Men, competent for the Council of Europe also expressed issues relating to discrimination on the concern about the closure of a Moldovan basis of sex as well as on grounds of race School in the DMR and stated that the and ethnic origin, religion and beliefs, age closure of the schools was in conflict with and sexual orientation. However, the European standards on human rights and Committee was concerned with the low minority rights. In September the number of women in senior positions in the authorities of DMR agreed to register the public service and the disparities in schools in Tiraspol and Rîbniţa for one year, remuneration between men and women. It but the students’ education continued to be recommended that Polish authorities should disrupted by repair work that was carried ensure equal treatment of men and women out on the school buildings. There were at all levels of public service and take all concerns that the temporary registration appropriate measures to ensure that offered might make it possible for the DMR women enjoy equal access to the labour authorities to reclaim the buildings. market and equal wages for work of equal value. The Committee was also concerned that the number of cases of domestic violence remained high notwithstanding a number of programmes intended to deal

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with the problem. It was also concerned The Committee welcomed Poland's “that measures such as restraining orders commitment to ratify the Second Optional and temporary arrests are not widely used, Protocol to the ICCPR and to prohibit the that appropriate protection is not afforded enforcement of death penalty. to victims, that shelters do not exist in many places, and that training for law enforcement officers is inadequate”. The Committee recommended that Poland PORTUGAL “ensure that law enforcement officers are properly trained and that appropriate measures to address domestic violence Revision of the Constitution cases, including restraining orders, are available as required. The State party In July the Sixth Revision of the Portuguese should also increase the number of shelters Constitution entered into force. It included and other means of protection for victims a prohibition on discrimination on the basis throughout the country.” of sexual orientation (see AI Index: EUR 01/005/2004). The Committee was also concerned about the discrimination suffered by the Roma, CERD Recommendations particularly with regard to access to health services, social assistance, education and In August, after considering Portugal’s 10th employment, as well as people whose rights and 11th periodic reports under the not to be discriminated on the basis of their International Convention on the Elimination sexual orientation had not been fully of all Forms of Racial Discrimination, the recognised. The Committee noted that acts Committee on the Elimination of Racial of violence against members of the Roma Discrimination (CERD) adopted its community, against lesbians, gay men, Concluding Observations bisexual and transgender people, incidents (CERD/C/65/CO/6). of desecration of Catholic and Jewish cemeteries, and other acts of anti-Semitism, AI was concerned that the government’s had not always been adequately reports under consideration by the CERD investigated and the perpetrators punished. contained assertions about the circumstances of the fatal shootings by With regard to prison conditions, the police, in two separate incidents, of Ângelo Committee was concerned that many Semedo and António Pereira in 2002, which inmates were still held in cells which did not appeared to justify the conduct of the meet the requirements of the UN Standard officers involved in the killings. The areas Minimum Rules on the Treatment of where the killings took place were described Prisoners. It was also concerned that as a “marginal neighbourhood[s]”, and Bela judges did not make full use of alternative Vista, in Setúbal, where António Pereira types of punishment available under the was killed, as “a kind of ghetto, where the law. The Committee recommended that the police, who feel unwelcome, fear to enter”. Polish authorities reduce the number of persons in pre-trial detention and ensure Among the CERD’s concerns were the lack that all persons, including those in of statistical data on the ethnic composition detention, have access to legal aid at all of the population, the continuing occurrence times. of racially motivated acts and incitement to hatred, and the persistence of intolerance The Committee called on the Polish and discrimination towards minorities. It authorities to amend the duration of the recommended the adoption of criminal 18-month alternative to military service legislation establishing racist motivations as which was considered punitive (military aggravating circumstances in the service is 12 months). perpetration of an offence. Concern was also raised about allegations of police

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misconduct – including excessive use of including trainee prison officers, while force and ill-treatment – towards ethnic detained in Lisbon Prison. AI has had minorities or people of non-Portuguese access to a report containing the initial origin. The CERD recommended thorough, findings of the Portuguese prison service impartial and effective investigations of inspectors’ inquiry into the attack on Albino those incidents, bringing those responsible Libânio. This report found that he suffered to justice, the provision of remedies and multiple injuries as a result of a beating compensation to the victims, and intensive amounting to grave physical ill-treatment. training for law enforcement officials to ensure they respect and protect the human A criminal investigation has been opened rights of all, without discrimination. In following the filing of a report of the addition, the CERD expressed concern incident with the prosecuting authorities by about the isolation of some groups of Albino Libânio’s lawyer. Disciplinary immigrants and members of ethnic proceedings involving a number of prison minorities in areas which it described as officers have also been opened. “ghetto-like neighbourhoods”, and highlighting the difficulties experienced by AI is gravely concerned about the findings members of the Romani minority in areas of the prison service report. The such as employment, education and circumstances of the attack as described in housing. this report and the refusal to co-operate with the internal inquiry by virtually all the Finally, the CERD expressed concern about prison officers of Lisbon Prison give rise to the non-suspensive effect of appeal in the concerns that go beyond the individual case admissibility phase of the asylum procedure, of Albino Libânio. The organization and recommended that Portugal respect the considers that such findings expose legal safeguards for asylum-seekers systemic failures to ensure the protection of ensuring that its asylum legislation and the inmates’ human rights in Lisbon Prison. procedures comply with relevant international obligations. AI is concerned that the attack on Albino Libânio as described in the prison service Prison concerns report may amount to torture. The organization is further concerned about the Ill-treatment and other forms of abuse by failure to provide him with medical prison officers were reported in a number of assistance, despite the injuries he had prisons. The office of the Ombudsperson reportedly sustained. appeared to have insufficient resources to discharge fully and effectively its tasks, AI is also concerned that the prison including investigating inmates’ complaints. authorities failed to identify and prevent the An alarmingly high number of inmates, 70 potential for abuse of the physical and in total and two-thirds of them held on mental integrity of inmates arising from the remand, were reported to have died in use of a cell in Lisbon Prison as described in prison in 2004. the above-mentioned report. Problems connected with the lack of a clear Albino Libanio distinction between cells for inmates subjected to disciplinary measures and cells In July AI published the report Portugal: for inmates subjected to special security Attack on a prisoner in a Lisbon Prison (AI measures in Lisbon Prison had been Index: EUR 38/001/2004) in regard to the identified by the Portuguese Ombudsperson beating of Albinio Libanio in Lisbon Prison in since 1998. However, his recommendations November 2003. on how to address them had not been acted upon as of November 2003. On 11 November 2003 Albino Libânio was beaten by some 10 to 15 prison officers, Moreover, AI is concerned that the conduct of the prison officers of Lisbon Prison in

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connection with the attack on Albino Libânio and with the prison service inquiry show a - the recommendations of the UN Human lack of the most basic understanding of the Rights Committee’s Concluding duty of care that they owe to inmates, and Observations of August 2003 should be of the legal obligation upon them to respect implemented and protect the physical and mental integrity and the human dignity of inmates. - the Portuguese Ombudsperson’s recommendations aimed at protecting the In light of these concerns and of Portugal’s safety of inmates should be implemented in obligations under international law and all prisons, including with regard to the standards to protect detainees from torture installation of video-cameras capable of and other cruel, inhuman or degrading recording footage treatment or punishment, AI urges the Portuguese government to consider and - there should be a review of the use of take action on the following cells for holding inmates in transit and recommendations: those subjected to disciplinary or security measures; there should also be a review of - disciplinary and criminal investigations the training, selection and supervision of should be carried out thoroughly, promptly prison officers, to ensure that the and impartially, and any perpetrator should requirements of international law and be brought to justice, consistent with standards are met. The findings of such international laws and standards reviews should be made public

- all prison officers allegedly involved in the - each inmate should be provided with a attack on Albino Libânio should be copy of the prison rules and of the “Charter suspended pending the outcome of criminal of the Rights and Duties of Detainees and investigations; the findings of the Prisoners” produced by the Human Rights disciplinary and criminal investigations Commission of the Bar in May 2004, to should be made public ensure that inmates are fully aware of their rights, including in relation to disciplinary - adequate reparations, including proceedings for breaches of prison rules compensation, compatible with the findings of disciplinary and criminal investigations - the government should ratify and should be provided implement the Optional Protocol to the Convention against Torture and Other Cruel, - a prompt, thorough, impartial and Inhuman or Degrading Treatment or independent inquiry should be established Punishment at the earliest opportunity. to ascertain whether other similar incidents occurred in the past in Lisbon and other At the end of 2004, a criminal investigation prisons, and to ensure that the appropriate was pending, and disciplinary proceedings measures are taken to prevent similar against a number of prison officers had incidents from taking place. The inquiry been opened. should also be required to examine the effectiveness of existing systems for Policing concerns inmates notifying impartial authorities of alleged criminal conduct by prison officers, Disproportionate use of force and ill- and make recommendations for change if treatment by police officers continued to be necessary. All inmates interviewed in reported. By the end of the year, the connection with this inquiry should be authorities had taken no steps to establish guaranteed protection from reprisal, an oversight agency, independent of the including if necessary being transferred to Ministry of the Interior, with powers to other prisons. The findings, scope and investigate grave human rights violations methods of the inquiry should be made by law enforcement officials and to enforce public disciplinary measures, as recommended by

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the UN Human Rights Committee in August mental health problems as amounting to 2003. AI is not aware of any response to inhuman and degrading treatment. The the criticism of police use of firearms by the ward for adults was over-crowded, with General Inspectorate of the Internal some patients having to share beds: some Administration (GIIA), made public in of the beds had no sheets and were soiled. November 2003. The toilets were dirty and the showers faulty. Residents who needed assistance to Reports continued of policing being carried feed themselves or to move about did not out in a discriminatory manner in deprived appear to receive adequate care and spent areas, where people belonging to ethnic all day in bed – many of those needing such and other minorities often felt they were assistance were young adults with being targeted by officers but did not have intellectual disabilities, transferred to the sufficient trust in the police to lodge a ward from institutions for children. All complaint. residents had very short hair and were poorly dressed, and only a few had In December the trial began in Lisbon of six underwear. About 100 residents were people, three of them police officers placed in dormitories that appeared to be reportedly accused of assaulting the other locked all of the time. Agitated residents three defendants in 1995. were immobilized in the bed with leather belts, reportedly because of shortage of staff. In the paediatric external ward many children had their arms and legs tied with ROMANIA straps or string to the sides of the cots. Some of the children had injuries that appeared to have been self-inflicted but for Failures to protect the rights of some injuries no plausible explanation people with mental disabilities about their cause had been given. Most bedridden children had skin rashes, Numerous new reports about the living apparently because they were not changed conditions and lack of adequate care in as appropriate. Some of the children in a psychiatric institutions received in the dark, ground floor dormitory had their legs period under review indicate that measures tied with a piece of string to the beds, taken by the Romanian authorities in seriously restricting their movement. They response to AI’s report Romania: stood barefoot on the wet floor. At the time Memorandum to the government of the visit there were a nurse and an concerning inpatient psychiatric treatment educator in this dormitory who did not (AI Index: EUR 39/003/2004), published in appear to be engaged in any meaningful May (hereafter referred to as AI’s activity with the children. In November, memorandum), failed to address its following visits to psychiatric institutions in concerns effectively and comprehensively. Podriga and Mocrea 10 , the CLR reported The placement, living conditions and similarly inadequate conditions and neglect treatment of patients and residents in many of patients and residents. New information psychiatric wards and hospitals in Romania came to light that in some psychiatric continued to breach international human hospitals electroconvulsive therapy is rights standards and best professional applied without any anaesthetics or muscle practice in this field. relaxants, in violation of international law and best professional practice. The Centre for Legal Resources (CLR), a local human rights organization, whose representatives visited St. Pantelimon Psychiatric Hospital in Braila in June 10 CLR and AI delegates visited this hospital in western described the conditions and lack of Romania in February 2004 and their findings were treatment in two separate external wards reported in AI’s memorandum to the Romanian for 140 adults and 50 children with chronic government.

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In one hospital some improvement in community-based services. It was noted conditions and care was reported in the that the role of civil society, including the period under review. These appeared to empowerment of the people concerned and result from increased efforts of the hospital their families, and their involvement in management and possibly more attention every stage of the reform process, was of given to this problem by the local public particular importance. The government’s health authority following the publicity that response to AI’s memorandum was almost AI’s memorandum received in the local unanimously described by the participants media, rather than as a result of any as inadequate and lacking in the required concerted government effort. political will to deal with the problems effectively. Criticism of the government The authorities’ failure to provide adequate measures to improve the situation in care and to put in place legal safeguards to psychiatric hospitals included statements by protect residents from abuse exposed hospital directors that no funding had been patients and residents to a considerable risk provided for the ministerial order to of physical and mental abuse, sometimes increase the daily allocation for food for resulting in death. On 27 September in the patients and for staff salaries. A senior civil psychiatric hospital in Braila, a 66-year-old servant stated that the National Insurance patient with dementia was placed by an Fund had sufficient resources but that these orderly under a scalding hot shower. The had been inappropriate diverted by the patient suffered extensive burns from which government for other purposes. Regrettably, he died. On 28 September it was reported Romanian authorities were represented at that a 22-year-old woman in the psychiatric the event at a very low level. Ovidiu hospital in Siret had been extensively Brînzan, then Minister of Health, declined to burned when other patients made her take meet with the AI delegation during its visit a scalding bath. The hospital management to Bucharest , although he had earlier reportedly confirmed that similar incidents extended an invitation to the organization of abuse were not infrequent. to discuss its concerns and recommendations. Paul Hunt, UN Special Rapporteur on the right of everyone to the enjoyment of the The government’s commitment to put in highest attainable standard of physical and place regulations for the implementation of mental health, visited Poiana Mare the Mental Health Act before the end of psychiatric hospital in August. He is November was not realised by the end of expected to present his report on the visit the period under review11. to Romania to the 61st session of the Commission on Human Rights in The AI delegation visiting Bucharest in March/April 2005. November met with Marcel Sanpetru, First Deputy to the General Prosecutor, and a On 5 November in Bucharest, AI and CLR team of prosecutors who are investigating organized a round table discussion the deaths of patients in the Poiana Mare regarding the lack of protection of basic hospital12. He stated that AI's memorandum human rights of people with mental disabilities who are placed in psychiatric 11 institutions in Romania. Representatives of An annual report regarding Romania’s participation in the WHO and Stability Pact regional project on non-governmental organizations, the mental health, posted on the Ministry of Health website European Union’s (EU) delegation in on 31 January 2005 (see Bucharest, government officials and health http://www.ms.ro/a_ms/ms.asp) states that these rules experts, as well as people with mental had been elaborated in the course of 2004. Ministry disabilities and their families, discussed a advisors told an AI delegate in January 2005 that they broad range of human rights concerns. had been unable to draft the regulations as they lacked Issues discussed included the need for the appropriate expertise. mental health care service reform, 12 In the Poiana Mare hospital 18 patients died in particularly for the development of January and February, reportedly mostly as a result of

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on psychiatric hospitals "accurately also reportedly beaten and then threatened, describes the situation". An investigation to prevent them filing complaints. The into the Poiana Mare deaths, which had beating of Laurenţiu Capbun reportedly been suspended for "lack of evidence", has continued in the Fourth Section Police been reopened and the prosecutors Station although the officers had been told promised to make available to AI by the other two men that he suffered from information about its conduct and results. poor health including diabetes. After he was released in the morning without being On 16 December, the European Parliament charged, Laurenţiu Capbun was admitted to adopted a resolution13 regarding Romania’s a hospital where he died five days latter, progress towards accession to the EU and, apparently as a result of previously existing inter alia, expressed “deep concern at the health conditions which had been fact that people with mental disabilities are aggravated by the police ill-treatment. subjected to arbitrary detention in mental Laurenţiu Capbun’s brother Cristinel hospitals and at the inadequacy of Capbun, who saw him in the hospital, conditions and lack of appropriate care in stated that his brother had signs of beating, many mental hospitals and other residential bruising on the chest and contusions on the institutions for people with mental head, and that the admission file recorded disabilities”. The European Parliament called “contusions on the chest and abdomen”. It on Romania “to address this situation as a was reported that the police would be matter of the utmost urgency and to ensure disciplined for “not reporting the incident to that hospitals and institutions have the Constanţa Municipal Police and not adequate resources for treatment and living having an authorization to intervene” but conditions”. It also called for “special they were apparently not charged with any attention [to] be given to children and criminal offence. young adults leaving institutional care who need to be adequately reintegrated and On 3 November, in Galaţi, Gheorghe Maxim supported in the community and protected went to his daughter’s house, together with from abuse”. his son Laurenţiu Maxim, to help her move out after a dispute with her in-laws. New reports of ill-treatment by law Laurenţiu Maxim called the police after an enforcement officers argument with her husband’s family. Because there had been no violence, the Numerous new reports of police ill- police officers apparently considered this a treatment were received in the period nuisance call and took Laurenţiu Maxim, the under review. Some of those who suffered complainant, and Gheorghe Maxim to the serious injuries as a result of the beatings Fifth Police Station. When Laurenţiu Maxim were not provided with appropriate medical refused to write a statement he was assistance. On 1 September in Constanţa, handcuffed with his arms placed behind his following a dispute with a bar owner, back. The officers then reportedly hit him in Laurenţiu Capbun, Marin Nicolae and Toni the face and on the back, and kicked him Perju were reportedly assaulted by a police all over his legs and groin until he lost officer, the bar owner’s friend, and four consciousness. Gheorghe Maxim was masked officers of a special intervention reportedly also beaten when he protested unit. Two minors who were with the three about the beating of his son. An officer is men at the time of the police action were also said to have held a gun to Gheorghe Maxim’s temple threatening to kill him while another officer slapped him in the face. malnutrition and hypothermia. See Romania: Patients Laurenţiu Maxim was subsequently taken to at the Poiana Mare psychiatric hospital (AI Index: the Emergency Hospital for treatment. He EUR 39/002/2004). was apparently ill-treated because he had 13 European Parliament Resolution ,16 December 2004, previously complained about the conduct of P6_TA-PROV(2004)0111. a police officer who was disciplined as a result and transferred to another post. An

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investigation has reportedly been initiated a report Romania: Continuing reports of into the incident by the Galaţi County Police unlawful use of firearms by law Inspectorate. enforcement officials (AI Index EUR 39/001/2005), published in January 2005. As in the past, a number of victims of police ill-treatment were minors. On 31 October in Iaşi, 17-year-old A.N.14 was stopped by the police as he was returning home with RUSSIAN FEDERATION friends from a discotheque. A.N. was taken to the Fifth Police Station where he was told that he was suspected of participating in a The Chechen Conflict robbery and two assaults. A police officer then reportedly took A.N. to a toilet and Widespread and systematic abuses of repeatedly hit him on his bare back in order human rights continued in the context of to make him confess to the offences. A.N. the conflict. Reports of “disappearances”, was later taken to an office where he was torture and killings were frequent. The given a pen and a sheet of paper. The same Memorial Human Rights Centre stated that officer who had beaten him in the toilet told in 2004 almost 400 people were abducted A.N. what to write in a statement. When in Chechnya. It was reported that of those, A.N. refused, he was reportedly again 189 people were released, 24 were found beaten and the ill-treatment continued dead and the whereabouts of 173 people while he wrote a statement dictated to him. were unknown. Many violations continued After he was released A.N. received to be attributed to Russian and Chechen treatment in a hospital for multiple security forces, including the so-called contusions. A police statement issued after Kadyrovtsy, a Chechen armed security the incident reportedly denied that any service under the command of Chechnya's officer had beaten the youth and that any First Deputy Prime Minister, Ramzan injuries he may have suffered were Kadyrov. Chechen armed opposition groups sustained in the course of an altercation also targeted civilians, in violation of that the police had been investigating. international humanitarian law. Several thousand internally displaced people from Unlawful use of firearms by law Chechnya remained in Ingushetia, although enforcement officers under pressure from the authorities to return. There were new reports of law enforcement officers resorting to unlawful use of Chechen Presidential Elections firearms, and at least one person was killed in circumstances which are in breach of Presidential elections were held in the international standards. On 22 October, Chechen Republic on 29 August to replace police officers of Bahna and Moldoveni, in Akhmad Kadyrov (see AI Index: EUR the Buhusi region, organized an action to 01/005/2004). According to the official apprehend wood thieves. They found 11 results, the candidate supported by Moscow, Roma men who reportedly assaulted them. Alu Alkhanov, won with 74 per cent of the Twenty-four-year-old Mihai Nechifor was votes, and the turnout was 75 per cent. The shot dead. “When they saw us the officer Parliamentary Assembly of the Council of said ‘I have been looking for you for a long Europe (PACE) in October stated that it time’. My cousin who had a chainsaw in his regretted that the circumstances of the hand was shot five times by the officer elections had not fulfilled the basic without any warning”, stated Ilie Ciubotaru. requirements necessary in order to qualify Other reported incidents were described in as democratic. Human rights organizations also issued statements in the run-up to the elections that the conditions did not exist in 14 The minor’s full identity is kept confidential in order Chechnya for ensuring that minimum to protect him.

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international standards for holding free and fair elections could be met. Abuses by Chechen armed opposition groups – targeting of civilians PACE session in October In August, two passenger aeroplanes In October the PACE called the continuing exploded in mid-air over central Russia massive violations in the Chechen Republic killing some 90 people. On 1 September, by far the most serious human rights issue more than 1,000 people, several hundred of in any of the Council’s member states them children, were taken hostage in a (Recommendation 1679 (2004)). The PACE school in Beslan, North Ossetia, when strongly condemned the numerous armed men and women burst into the violations of human rights such as murder, school, where children, their parents and forced “disappearance”, torture, hostage- teachers had gathered to celebrate the taking, rape and arbitrary detention beginning of the academic year. The armed committed by members of different federal group held the hostages without food or and pro-Russian Chechen security forces, drinking water for over 48 hours. Nearly as well as killings and hostage-taking by 350 people were reportedly killed when illegal armed formations (Resolution 1403 explosives were detonated in the school (2004)). The PACE, among other issues, and in the ensuing shoot-out between highlighted new types of violations of the hostage-takers, armed local civilians and European Convention for the Protection of security forces. Shamil Basaev, leader of a Human Rights and Fundamental Freedoms Chechen armed opposition group, claimed (ECHR) concerning the people’s right to free responsibility for the hostage-taking as well elections and to freedom of expression; the as for the explosion of the two aeroplanes. apparent spread of the climate of impunity The events triggered fears of spreading to Ingushetia, and little progress in the instability throughout the volatile North prosecution of perpetrators of human rights Caucasus region. violations by the national law enforcement bodies. The PACE stated it was outraged AI issued a joint statement with Memorial that serious crimes had been committed Human Rights Centre, Moscow Helsinki against applicants to the European Court of Group, All-Russia Movement for Human Human Rights and their family members. It Rights, Human Rights Watch, International stated that such acts were totally Federation for Human Rights (FIDH), unacceptable, as they may deter International Helsinki Federation for Human applications to the Court, which is the Rights and the International League for centrepiece of the human rights protection Human Rights to condemn in the strongest mechanism established by the ECHR. It terms the hostage-taking and killing of concluded that a climate of impunity was hundreds of children, parents and teachers prevailing in the Chechen Republic due to (see AI Index: EUR 46/050/2004). There the fact that the Chechen and federal law were also concerns that the Russian enforcement authorities were still either authorities had covered up the extent of the unwilling or unable to hold accountable the crisis, including by providing misleading vast majority of perpetrators of serious data on the number of hostages. human rights violations for their actions. Hostage-taking – response of the The PACE urged the Government of the authorities Russian Federation to, inter alia, vigorously investigate and prosecute all violations of Following the Beslan tragedy, the human rights, without regard to the identity Procurator General of the Russian of the perpetrators, and to send a clear Federation, Vladimir Ustinov, suggested on signal from the highest political level to all 29 October to the Russian Duma security and law enforcement officials (parliament) that in response to future enjoining them to respect human rights in incidents of hostage-taking by armed the execution of their duties at all times. opposition groups, the authorities should

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detain relatives of alleged members of such In this context, AI received reports that, groups as hostages. Similar statements had following the taking of hostages in Beslan, been made earlier in the year by the relatives of the Chechen separatist leader, Deputy Prime Minister of Chechnya, Aslan Maskhadov, and of other men Ramzan Kadyrov. suspected of involvement in the hostage- taking had been detained for several days In his speech, Vladimir Ustinov suggested in September, allegedly in order to put that the Russian Criminal Code, the Russian pressure on the hostage-takers to release Constitution and other norms and the hostages. declarations were unsuitable instruments in the fight against armed opposition groups, Later in December, eight relatives of Aslan and that emergency measures against Maskhadov were reportedly arbitrarily relatives of suspected members of these detained by Chechen security forces and groups – including the confiscation of their subsequently “disappeared”. According to property and detaining them as a the Memorial Human Rights Centre and negotiating tool – should be taken in order other organizations in the region, five of the to save the lives of civilians. relatives were reportedly detained at different addresses and taken away on 3 AI wrote to President Vladimir Putin December. They were: Buchu Alievna expressing grave concern that a leading Abdulkadirova (aged 67), sister of Aslan figure of the Russian state, whose role it is Maskhadov; Lecha Alievich Maskhadov (68), to ensure the rule of law, should make a brother of Aslan Maskhadov; Lema Alievich statement such as this, which casts serious Maskhadov (55), brother of Aslan doubts on their commitment to, and risks Maskhadov; Ikhvan Vakhaevich undermining, the rule of law in the Russian Magomedov (35), nephew of Aslan Federation. Accordingly, AI urged President Maskhadov; and Adam Abdul-Karimovich Putin to declare publicly that the Rashiev (54), a distant male relative of government of the Russian Federation Aslan Maskhadov. Another three individuals would not tolerate the taking of hostages were reportedly detained on 28 December. by any person within the Russian They were: Khadizhat Vakhaevna Satueva Federation under any circumstances or at (40), niece of Alsan Maskhadov, her any time. By the end of the year, AI had husband Usman Ramzanovich Satuev (47), not received a response to the letter, and and Movladi Aguev (previously incorrectly nor had President Putin made any public reported as Movladi Abdulkadyrov) (35), declaration on this issue, to the the husband of Aslan Makhadov’s wife's organization’s knowledge. sister.

In its resolution on the human rights The detentions reportedly took place on the situation in the Chechen Republic in evenings of 3 and 28 December, with October the PACE pointed to what they armed men travelling in large convoys of termed a new, frightening trend of taking cars (up to 12 vehicles in some cases). relatives of suspected “terrorists” hostage Human rights groups pointed to the fact in order to force them to give themselves that only officially-sanctioned large convoys up, by threatening their relatives with of vehicles have the freedom to travel torture and murder. The PACE stated that around Chechnya. Witnesses to the such methods were totally unacceptable detentions have claimed that the so-called criminal acts that must be stamped out by Kadyrovtsy were responsible for the the federal and Chechen authorities. detentions, and that during two of the detentions, those of Buchu Abdulkadirova Reported abductions and “disappearances” and of Ikhvan Magomedov, the armed men of Aslan Maskhadov’s relatives (See AI reportedly stated that they were acting on Index: EUR 46/004/2005) the personal orders of Ramzan Kadyrov. However, officials in Chechnya denied that they had detained the eight individuals.

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during the second half of the year, but The Zelimkhan Murdalov “disappearance” some of them were postponed due to the case (update to AI Index: EUR failure of the participants to appear. In 46/027/2003) November the jury was selected. One of the lawyers for the victim’s families reportedly The trial of Sergei Lapin – a member of the lodged a protest at the composition of the OMON (special police detachment) from the jury as, although members came from Khanty-Mansiisk region – resumed with different regions of Russia, the majority of delays and postponements, but with some them were ethnic Russian. progress. Sergei Lapin was facing charges of causing bodily harm, abuse of office and Political reforms to counter “terrorism” forging official documents in connection with the “disappearance” of 26-year-old In September, shortly after the Beslan Zelimkhan Murdalov from Grozny in hostage-taking tragedy, President Putin January 2001. announced a package of reforms which were presented as strengthening the At a court hearing on 15 September at country in the face of international Oktiabriaskii district court in Grozny, Sergei “terrorism”. They included the abolition of Lapin - for the first time during the trial - elections for the governors of the regions, appeared in person. According to Stanislav who would in future be nominated by the Markelov, the lawyer for the Murdalov President, subject to approval by the family, this was because Sergei Lapin was regional legislatures. The Duma voted in not able to provide documents for the court support of this change in December and it proving that he was suffering from the passed into law. The package of reforms medical conditions that he had earlier also included a proposal to remove from the claimed prevented him from attending the Duma the so-called ‘single seat races’ – trial. Sergei Lapin appeared at this and single mandate district representation each subsequent court hearing with a large which accounts for half the seats in the number of armed escorts. Duma - and instead fill all Duma seats from party lists, through a system of proportional During the period under review, a new representation. This proposal passed a first procurator took over the case. During reading in the Duma in December. There hearings held in November, the father of was widespread criticism that these moves Zelimkhan Murdalov, Astemir, gave represented a curtailment of civil and evidence over a one-week period. Further political rights. hearings were postponed; the next hearing was set for 25 January 2005. Violence against women

Trial into the killing of six civilians (update The UN Special Rapporteur on violence to AI Index: EUR 46/027/2004) against women visited the Russian Federation, including Chechnya, in In August the Military Collegiate of the December. In a subsequent statement the Supreme Court of the Russian Federation rapporteur highlighted the continuing quashed the April verdict of a military court problem of violence, particularly in the in Rostov-on-Don which had found Captain home, stating that it continued to cause Eduard Ulman and three other members of injuries and claim the lives of thousands of a special Russian military intelligence unit women annually and that, due to not guilty of the murder of six civilians in registration procedures restricting Chechnya in January 2002. The acquittal individuals’ possibilities to move freely and had been widely criticized and the victims’ choose their place of residence, and lack of families had appealed the decision. The financial means, many women were Military Collegiate sent the case back for compelled to share the same housing with a retrial in Rostov-on-Don but with a different violent partner, even after an official jury. Several hearings were scheduled divorce. The situation was further

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aggravated by the lack of sufficient shelters. The rapporteur remarked that violence Targeting of Human Rights Defenders against women and sex discrimination were still low on the State agenda, with the State Members of the security forces continued to Duma’s failure to adopt a draft domestic target human rights defenders and those violence bill and the abolition earlier in the pursuing justice for serious human rights year of the Women's Commission, violations at the European Court of Human responsible for mainstreaming a gender Rights. People were threatened and some perspective into State policies and were “disappeared” for challenging the programmes. climate of impunity and the lack of rule of law in the North Caucasus. AI issued a With regard to the situation in the North report highlighting the issue, entitled Caucasus, the statement acknowledged Russian Federation: The Risk of Speaking some positive steps by the Government Out (AI Index: EUR 46/059/2004). towards normalization in the region. However, the day-to-day lives of people Raid on the office of the Society for were far from normal, particularly in Russian-Chechen Friendship (see AI Index: Chechnya. The rapporteur stated that EUR 46/059/2004) during the visit she heard first-hand accounts of women being arbitrarily The apparent campaign of intimidation of detained and tortured following targeted members of the Society for Russian- operations and from relatives of people who Chechen Friendship, a non-governmental had been subjected to "disappearance", organization (NGO) reporting on the human extrajudicial execution, torture, and ill- rights situation in Chechnya, continued with treatment, allegedly by members of the a police raid on their office in the Ingush security forces. town of Karabulak on 12 July, at around 6.30pm. More than 40 police officers, most The rapporteur made the following initial wearing masks and camouflage uniforms recommendations to the Government of the and carrying machine-guns, reportedly Russian Federation: to prioritize women's searched the office without identifying rights in judicial and non-judicial themselves or showing a warrant. They mechanisms, policies and programmes; to apparently confiscated six videotapes, four amend legislation in conformity with computer disks and files containing international standards, enact legislation testimonies of victims of human rights specifically criminalizing domestic violence violations by Russian federal forces in and provide shelters for those in need; to Chechnya, the names of the alleged launch gender awareness campaigns and perpetrators, and details of vehicles used to provide training to law enforcement officers abduct civilians. and security forces; to support politically and financially civil society initiatives Shortly after that, the police claimed to promoting human rights, including through have found two small plastic bags full of research and advocacy; to ensure that all powder in one of the rooms, and reportedly laws, policies and practices to counter claimed they had found explosives. “terrorism” fully meet fundamental Khamzat Kuchiev, an activist of the principles of international law and organization, was detained on suspicion of international human rights standards; to involvement in “terrorism”, and was taken investigate, prosecute, and punish those to the City Department of Internal Affairs responsible for violations of human rights (GOVD) in Karabulak. He was released a and provide compensation to victims or few hours later after the intervention of the their families; to ensure safe and voluntary head of the Presidential Human Rights return of internally displaced people, and to Commission, Ella Pamfilova. establish a protection programme for human rights defenders, witnesses and victims who were at risk of harm.

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Harassment and intimidation of Society for couple to the police station in Achkoi Russian-Chechen Friendship activist Ruslan Martan, and later to the Sunzhenskii Susaev (see AI Index: EUR 46/062/2004) Regional Department of Internal Affairs. The police allegedly tried to make Ruslan Ruslan Susaev is the head of the NGO Susaev confess to a crime he had not Civilians’ Protest. He also assists the committed, and told him that his family Information Centre of the Society for would suffer if he did not sign a confession. Russian-Chechen Friendship in Chechnya. He refused to sign, and he and his wife Ruslan Susaev reportedly collected were released the next morning. Ruslan information about a raid in the early Susaev remained concerned about his morning of 27 August by the so-called family’s safety. Kadyrovtsy on a house in the town of Sernovodsk. During this raid several people Apparent targeting of applicants to the were allegedly beaten up, one man was European Court of Human Rights: Utsaev killed and another reportedly "disappeared" family (see AI Index: EUR 46/059/2004) after the security forces took him away. Ruslan Susaev took part in a demonstration On 4 July, and again on July 30, a large later in the day on 27 August calling for the group of armed military personnel entered man to be released, and told other human the home of Aslambek Salmanovich Utsaev rights activists about this event. (born 1946) and allegedly severely beat him. Aslambek Utsaev is one of the The day after the raid several masked men applicants in the case Tovmirzaeva and in uniforms of the security forces stormed others v Russia (no. 29133/03) currently the house where Ruslan Susaev was living pending before the European Court of with his family. The men reportedly forced Human Rights. The case concerns the illegal two of the children to lie on the floor, asked detention and enforced “disappearance” by where Ruslan Susaev was, fired in the air, federal forces of four residents of Novye searched the house and hit Ruslan Susaev's Atagi on 2 June 2002, including Aslambek mother in the face. The men left but, Utsaev’s son, Islam Alsanbekovich Utsaev. according to his wife Susanna Susaeva, the Satsita Musaevna Utsaeva, mother of Islam next day more men came to the house, Utsaev and wife of Aslambek Utsaev, is also looking for Ruslan Susaev. This time they an applicant in the case. took two of the couple's sons with them to a police station in Grozny. The boys were At approximately 4am on 4 July, 36 armed released a couple of hours later. That men arrived at the Utsaevs’ home in eight evening, a car without number plates armoured personnel carriers (APCs) and reportedly stopped in front of the Susaevs' four other military vehicles. The servicemen house. Neighbours saw three men in drove two of the APCs through the fence camouflage get out of the car and go into surrounding the Utsaevs’ courtyard. the house; these men reportedly Without providing any identification or threatened to torture Ruslan Susaev if he explanation for their presence, the military did not stop his human rights work. After servicemen conducted an unsanctioned these incidents, the owner of the house told search of the Utsaevs’ home, and allegedly the family to leave. Since then the Susaevs confiscated money, clothing, gold jewellery, have been moving from place to place in a video camera and food, as well as Chechnya and the neighbouring republic of numerous other household items of little or Ingushetia. no value.

According to reports, on 4 November While in the house, the men forcibly held Ruslan Susaev and his wife were stopped at Satsita Utsaeva and allegedly threatened to a police roadblock near the Chechen town shoot her, her daughter-in-law, and her of Achkoi Martan. The police ordered them granddaughter. The men allegedly beat and out of the car, threw Ruslan Susaev to the kicked Aslambek Utsaev severely on the ground and searched him. They took the head and torso. Aslambek Utsaev is a

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pensioner and is disabled; he is blind in one possession of drugs. There were allegations eye. One of the men reportedly struck that the charges had been fabricated. After Aslambek Utsaev in the ear with the butt of he was detained for the first time in July an automatic rifle, causing blood to flow 2003 AI had regarded Bakhrom Khamroev from his ear. The blow knocked Aslambek as a prisoner of conscience and had Utsaev unconscious. The men then dragged launched an appeal for his immediate and him into the courtyard and dropped him unconditional release (see AI Index: EUR face down in the garden. They kicked him 46/070/2003). He was released from pre- numerous times in the back and torso trial detention on October 2003, pending before leaving. Satsita Utsaeva witnessed trial (see AI Index: EUR 46/076/2003). this from the window of the house and begged the servicemen to stop, but they Following the Moscow court decision in responded by saying, “Shut up, or we’ll August he was taken into custody. His shoot you.” lawyers appealed against the decision but the Moscow City Court confirmed the On the morning of 30 July, armed men in sentence on 24 September. Bakhrom masks, not providing any identification or Khamroev was transferred on 12 October to explanation for their presence, again a prison colony in Solikamsk, in the Perm entered the home of the Utsaevs and, region. Russian human rights organizations without saying anything, again allegedly and AI called for a review of his case and beat Aslambek Utsaev on the head, face for his release from custody. On 29 and torso. Aslambek Utsaev was severely November the Perm regional court changed injured after the incident, but has been Bakhrom Khamroev’s sentence to a afraid to seek medical attention. Witnesses conditional sentence and released him. confirmed that Aslambek Utsaev was walking with a limp and had wounds and Proposed restrictions to NGO funding bruises on his head and back. Draft amendments to the tax code passed a Threats and intimidation of Timur Aliev (see first reading in the Duma on 5 August; the AI Index: EUR 46/059/2004) proposals included significant restrictions on sources of financing for NGOs, namely that The weekly newspaper Chechen Society only Russian and foreign organizations on a (Chechenskoe Obshchestvo) was effectively government-approved list would be able to shut down at the beginning of August, after give grants to NGOs. Second and third its editor, Timur Aliev, was “advised” to readings of the proposals were delayed into suspend the publication of the paper, and a 2005. NGOs remained extremely concerned printing house was forced to discontinue that the proposed amendments were open printing it. Founded in Nazran a year ago, to corruption, would delay funding for this newspaper gave regular updates on the projects due to extra bureaucracy, and dynamics of the human rights crisis in represented an unprecedented level of state Chechnya and was one of the few print control of NGO activity in post-Soviet media that was considered to be providing Russia. objective coverage of contemporary developments in the war-torn republic. It Racism had already been targeted by authorities several times for its coverage of the conflict A high level of racially-motivated attacks in Chechnya. The newspaper was still continued. The Sova Information-Analytical available electronically. Centre reported a total of 44 racist murders in 2004. Ethnic and national minority Bakhrom Khamroev groups, including Meskhetian Turks and Khemshins, were targeted for violent In August a Moscow court sentenced Uzbek attacks, as were foreign citizens including human rights defender Bakhrom Khamroev students and asylum-seekers. Chechens to 18 months’ imprisonment for the illegal outside of the North Caucasus continued to

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be subjected to human rights abuses, charged with offences under Article 282 of including arbitrary detention, ill-treatment the Russian Criminal Code, “incitement of and restrictions of the right to freedom of national, racial or religious enmity”. Dmitrii movement, elsewhere in the Russian Kraiukhin was the chief witness in the court Federation. Following the events in Beslan, case. It was on the basis of his complaint in there were reports of increased attacks on June 2003 to the prosecutor’s office in the Chechens and other North Caucasians by Zavodskii district of Orel about the RNU’s “skinheads” and other members of activities in connection with alleged acts of extremist groups (see AI Index: EUR vandalism and the distribution of anti- 46/059/2004). Human rights defenders Semitic material that the criminal working to combat racism and intolerance investigation had been opened. were themselves threatened with violence. In early July 2004, Dmitrii Kraiukhin Murder of Vietnamese student Vu An Tuan reportedly received a death threat through in St Petersburg the post. The death threat included a photocopy of an article from the Russian 20-year-old Vu An Tuan, studying at the St daily newspaper Izvestiya concerning the Petersburg Polytechnic University, was murder of the prominent ethnologist and stabbed to death on 13 October as he was human rights defender Nikolai Girenko (see walking to a metro station in the city. His below) the previous month. The part of the attackers were reportedly a group of about article which spoke about Nikolai Girenko’s 18 people with shaved heads, wearing black planned participation in a trial against RNU boots and black clothes. A criminal case activists from Nizhnii Novgorod prior to his was opened under Article 105 part 2 of the murder was highlighted. Reportedly, the Criminal Code (murder carried out by a same threat was sent to a local police group). The police were reported to have official and editors of three newspapers in detained 15 suspects in the case, and the region which have been critical of released the majority of them following extreme nationalist organizations. interview. According to the St Petersburg Times, the police viewed the murder as Later in July a photograph and contact being racially motivated, although the details of Dmitrii Kraiukhin were placed on deputy city prosecutor, Aleksandr Zhukov, the website “Slavic Union” was cited in the newspaper report as (www.demushkin.com) with the caption stating that investigators had not ruled out “Know Your Enemy” emblazoned across the other possible motives. Students in St photograph. The website alluded to a court Petersburg organized demonstrations and decision in April to deny Dmitrii Kraiukhin meetings to protest against what they witness protection and encouraged its viewed as the authorities’ failure adequately readers to contact him. The RNU also to address the wave of racist violence in the distributed his home address and telephone city. numbers to their regional network, following which Dmitrii Kraiukhin received Death threats against human rights numerous threatening telephone calls. defender Dmitrii Kraiukhin (see AI Index: EUR 46/042/2004) Investigation into the murder of human rights defender Nikolai Girenko (see AI Dmitrii Kraiukhin is the head of the NGO Index: EUR 46/038/2004) United Europe which is based in Orel, western Russia and is particularly well- There was no information about progress in known for its work to combat racism the investigation into the murder of Nikolai through opposing the activities of extreme Girenko, a well-known expert on racism and nationalist organizations. In September, a discrimination in the Russian Federation, court case began against two members of who was shot dead in June in his home in an extremist organization called Russian St Petersburg. Days after the attack an National Unity (RNU) who had been extremist group called the Government of

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the Russian Republic had claimed in December, according to numerous media responsibility for the attack on their website. reports, and testimonies from victims, However, by the end of the year, no one relatives and eye witnesses and other had yet been charged with the murder. documentation collected by Russian NGOs and presented in a report ‘Special Nikolai Girenko had headed the Minority Operation by the Ministry of Internal Affairs Rights Commission at the St Petersburg of Bashkiriya: Events, Facts, Assessment Scientific Union and had conducted several and Conclusions’. Over a period of four studies for the authorities on neo-Nazi and days, from 10 to 14 December, special unit “skinhead” groups and had repeatedly police officers (OMON) armed with machine warned that such groups were on the rise. guns and rubber truncheons and wearing Many people believed his murder was masks, reportedly rounded up hundreds of related to his human rights activity and people in the town of Blagoveshchensk and anti-racism campaigning. in the surrounding district from cafes, discos, streets, shops, cars and homes, Andrei Zhukov – St Petersburg Deputy without producing warrants and without Procurator – was reported to have said that proper explanation. One estimate puts the investigators believed that Nikolai Girenko’s number of those detained and beaten as work as a researcher and expert witness in high as one thousand. The operation, with racism trials and investigations was the the stated aim of ‘stabilising the operative most likely motive for his murder. However, situation and the implementation of a range the Deputy Procurator also reportedly of operative-preventative measures for the stated that the killing might have been prevention and halting of crimes and motivated by hooliganism – a claim administrative violations on the streets and frequently made by police in connection public places’, was sanctioned by the with alleged race hate attacks. Minister of Internal Affairs of the Republic of Bashkortostan. OMON officers were Prosecutions relating to other hate crimes accompanied during the operation by police officers from the Blagoveshchensk police In September, three young men were department. convicted for the murder of Antoniu Amaru Lima on racial grounds and sentenced to OMON officers reportedly entered buildings between nine and 17 years’ imprisonment. where groups of teenagers and youths had Antoniu Amaru Lima, a 24-year-old medical gathered, such as discos and cafes, and student from Guinea-Bissau, had been ordered all males present, often including stabbed to death by a gang in the city of those under 18, to stand against the wall Voronezh in February. The conviction was with their hands behind their heads and hailed as an important precedent in the legs apart. Women and girls were forced to fight against racism in the Russian leave, sometimes without collecting their Federation (see AI Index: EUR overcoats. Many people reportedly had 46/025/2004). money and possessions such as jewellery and mobile phones confiscated. Then they In December, seven teenagers were given would march or run the men and boys into prison sentences of between two-and-a-half military trucks, beating them as they went. and 10 years for the killing of a Tajik girl, The trucks were usually overcrowded. Some Nulufar Sangboeva, in the St. Petersburg of those held inside were made to lie on the region in 2003. floor, kneel or stand in uncomfortable poses in the trucks, and were forbidden to speak Police brutality in the Republic of or make any noise. Reportedly people were Bashkortostan beaten, kicked and walked on while in the trucks. In some cases, tear gas was used Hundreds of people were subjected to inside the trucks. Individuals and smaller arbitrary detention, beatings and ill- groups would also be picked up, usually treatment in the Republic of Bashkortostan with no explanation, and herded into the

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trucks. In one case, a man waiting for his At the main police station in wife outside a shop, with their baby in a Blagoveshchensk many individuals were pram, was reportedly picked up, leaving the held in the basement. They were reportedly baby alone on the pavement. In some made to face the wall with hands behind cases, local police officers would seek out their head and feet spread wide (the so- individuals in their homes, entering without called rastiazhka position) and were a warrant, and would force people to get forbidden to make any noise. Those who into the trucks. The OMON officers took the tried to protest or change position were detainees in trucks to the main police reportedly beaten by OMON officers with station in Blagoveshchensk. rubber truncheons. They were made to hold this increasingly painful position for lengthy For example, the NGO report stated that on periods of time, in some cases for several 11 December, at about 11.30pm, an OMON hours. Other individuals were held in the detachment entered a club in the village of cells at the police station. One detainee Ilino-Poliana, Blagoveshchensk district, held in the cells on 11 December reportedly where a disco was ending. The OMON attempted suicide, having been detained officers reportedly forced the young women and reportedly beaten. OMON officers had to leave without collecting their coats, and reportedly detained him the previous day forced all young men to stand against the together with his wife; on that occasion wall with feet spread wide and hands held they had both been beaten and had high against the wall. The OMON officers possessions stolen before being released. reportedly beat them on the legs, backs and other parts of the body with rubber Detainees were reportedly only released truncheons and the butts of machine guns, once they had had fingerprints taken, been and also kicked them, searched them and photographed and been forced to sign took money from them. According to papers, usually without having time to read reports, the local police officer for the area what was written on the papers. Before who accompanied the OMON officers on the being released, many individuals were raid separately entered private houses and reportedly asked if they would complain detained at least four teenage boys without about the ill-treatment and if they providing proper explanation. He drove answered yes, they were reportedly further them to the club and handed them over to beaten until they stated that they would not the OMON where they joined the larger complain. Everyone had to make their own group of detainees. way home. Many walked home in temperatures of around minus 20 degrees After about 20 minutes, the OMON forced centigrade, in some cases to their villages over 50 of the young men, with their hands as far away as 20 or 30 km from the town behind their heads, to get into a bus of Blagoveshchensk. waiting outside. The bus reportedly already contained other detainees. The OMON According to NGOs, the majority of officers, who numbered 15, reportedly detainees received injuries of varying continued the ill-treatment in the bus, with degrees. Typical injuries were contusions officers beating detainees on the head and and haematomas to various parts of the the body with truncheons and the butts of body, head injuries and broken bones. machine-guns. According to reports, a gas Media reports state that some 100 people was released into the bus. Some young received medical treatment for their injuries, men were reportedly forced to lie on the with a number of them being hospitalized. floor of the bus and the OMON officers NGOs state that many of the injured walked on them. The bus arrived at the decided not to seek medical assistance for main police station in Blagoveshchensk just their injuries and convalesced at home. before 1am on 12 December, where the OMON officers reportedly continued to beat In the days immediately following the the detainees in the basement. events, individuals who attempted to submit complaints to the Blagoveshchensk

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district procuracy were reportedly refused of the prison authorities to allow an permission to do so. The Republic of independent medical examination of Platon Bashkortostan procuracy also reportedly Lebedev. refused to lodge any complaints and told individuals to go back to the district procuracy. There were reports of threats and intimidation by law enforcement SERBIA AND officials against those trying to seek redress MONTENEGRO for violations, including pressuring to change or withdraw witness statements.

Background Only on 29 December did the Republic of

Bashkortostan procuracy open a criminal Serbia and Montenegro continued to case under part 3a of Article 286 of the operate in a loose State Union where most Criminal Code (exceeding official authority competencies remained under the control of with the use or threat of the use of force). the separate republics. The United Nations This was in relation to four individual police Interim Mission in Kosovo (UNMIK) officers who are alleged to have carried out continued to administer Kosovo, with the the illegal detentions and beatings. Special Representative of the UN Secretary-

General (SRSG) holding executive powers. Yukos case (update to AI Index: EUR Elections were held in Kosovo in October. In 01/005/2004) November former Kosovo Liberation Army

(KLA) commander and leading politican, A rapporteur appointed in March by the Ramush Haradinaj, was questioned by Council of Europe’s Committee on Legal prosecutors from the International Criminal Affairs and Human Rights released her Tribunal for the former Yugoslavia (Tribunal) analysis on the circumstances surrounding in connection with alleged war crimes and the arrest and prosecution of Mikhail crimes against humanity in Kosovo in 1999. Khodorkovskii, former head of the Yukos oil He became Prime Minister in the Provisional company, Platon Lebedev, a business Institutions of Self-Government on 17 partner and Aleksei Pichugin, a former November. security official for Yukos. There were allegations that the trials were politically motivated. The rapporteur pointed to War crimes serious procedural violations committed by different law enforcement agencies and The trial of former President Slobodan questioned the fairness, impartiality and Milošević, accused of responsibility for war objectivity of the authorities. In particular, crimes committed in Croatia, Bosnia and the rapporteur pointed to obstructions in Herzegovina and Kosovo, continued before the defendants’ access to their defence the Tribunal in the Hague. lawyers; interference in the defence lawyers’ work including seizure of The Serbian authorities continued to refuse documents; summons of lawyers for to transfer Serbian Assistant Interior questioning on their clients’ cases; alleged Minister (dismissed in March) and former eavesdropping against defence lawyers; the Kosovo police chief Sreten Lukić, former closed nature of the court proceedings in Yugoslav army chief Nebojša Pavković, and the case of Aleksei Pichugin; the denial of former commander of Priština Corps access to the court of Platon Lebedev’s Vladimir Lazarević, all indicted by the lawyers during the hearing deciding on his Tribunal for crimes against humanity and pre-trial detention; the denial of bail, in violating the laws or customs of war in particular for Mikhail Khordokovskii; Kosovo in 1999. Nebojša Pavković stated allegations of ill-treatment of Aleksei that he was willing to be tried in Serbia, as Pichugin, and shortcomings of medical did similarly-indicted Former Chief of Public attention to Platon Lebedev and the refusal Security Department Vlastimir Đorđević

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who was believed to be in Russia. On 13 July Goran Hadžić, former head of the On 27 September the Serbian Supreme Krajina Serbs in Croatia, fled his house in Court annulled the 2003 convictions in the Novi Sad a few hours after a sealed ‘Sjeverin’ abduction case. The court ruled indictment for him had been forwarded that the trial proceedings had not made from the Tribunal to the Foreign Affairs explicit the precise role played by each of Ministry, and before a warrant for his arrest the accused in the murders and sent the was issued, giving rise to suspicions that he case back for retrail at the Belgrade District had been warned of the impending arrest. Court. Dragutin Dragićević (a Bosnian Serb) and Đorđe Šević had been sentenced to 20 In October another indictee, Ljubiša Beara, and 15 years’ imprisonment respectively was transferred to the Hague - the sole while Bosnian Serbs Milan Lukić and Oliver transferral throughout the year. The Krsmanović received 20-year sentences in authorities claimed he had surrendered absentia. (Milan Lukić was also accused of voluntarily. However, the Tribunal stated leading the paramilitary group responsible that he had been arrested, and this only for the hijacking of the Belgrade-Bar train after they had informed the authorities of at Štrpci in Bosnia and Herzegovina on 27 his exact whereabouts. Some 20 suspects February 1993, and the abduction and indicted by the Tribunal were believed to subsequent murder of 20 civilian remain at large in Serbia and Montenegro. passengers, and is indicted by the Tribunal for other war crimes). All four were In November Tribunal President Theodor sentenced for the abduction and murder in Meron reported to the UN General Assembly October 1992 of 17 Muslims, 16 of whom that apart from the case of Ljubiša Beara, were taken from a bus at Mioče near Serbia and Montenegro had virtually not co- Sjeverin in Bosnia and Herzegovina. operated at all with the Tribunal throughout the year. Similarly Tribunal Prosecutor On 23 December the Belgrade-based Carla Del Ponte reported to the UN Security Humanitarian Law Center (HLC) reported on Council that Serbia was not willing to arrest the alleged burning of corpses of Kosovo indictees, and that networks supporting Albanian civilians in the furnaces of the persons accused of war crimes were so Mačkatica factory in Surdulica on 16 and 24 powerful there that they could interfere May 1999. The HLC reported that the with judicial proceedings, including by alleged incinerations were part of the large- intimidating witnesses, exerting political scale operation - which also included the pressure on judges and prosecutors, or secret burial of hundreds of Kosovo even by threatening the stability of the Albanians in mass graves on the Serbian country. She reported that both in Serbia Ministry of the Interior’s property at proper and in Kosovo [see below], Batajnica and Petrovo Selo - by the Serbian aggressive nationalist rhetoric was being authorities to conceal massive and grave used in smear campaigns against the human rights abuses committed by the Tribunal and herself. security forces in Kosovo in 1998/1999. Following the publication of the HLC’s The trial continued before the special War allegations, members of the police and the Crimes Panel within the District Court of Serbian state security implicated in the HLC Belgrade of six people indicted by Serbia’s report allegedly intimidated and threatened special war crimes prosecutor in connection a number of people in Surdulica, Vladičin with the Ovčara massacre near Vukovar in Han and Vranje so as to prevent them from Croatia in 1991. However, there were giving evidence about this matter. concerns about the apparent selective nature of the indictment in that there was Possible extra-judicial executions no mention of the responsibility of former Yugoslav National Army (JNA) officers in On 5 October conscript sentries Dražen the crime, in spite of the testimony of many Milovanović and Dragan Jakovljević died in witnesses indicating this. a shooting at a Belgrade military complex.

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The military claimed that one had shot the referred specifically to investigations which other and then committed suicide but other they stated had been opened into the 16 reports alleged that both men had been cases featured by AI in its September 2003 murdered by a third party. In November a report (see Serbia and Montenegro: Alleged military commission of inquiry into the torture during “Operation Sabre”, AI Index: deaths reaffirmed that they had died after EUR 70/002/2004) and implied that these shooting at each other after a quarrel. 16 cases were the only recorded incidents However, a non-military State Commission of torture and ill-treatment that took place of Inquiry set up by President Marović to during “Operation Sabre”: however, this investigate the deaths announced in impression was corrected in responses to December that a third party was definitely questions from the Committee members, involved. The contradictions between the and the delegation admitted that some findings of the military and civilian further complaints had been received. investigations remained unresolved by the Despite claims by the authorities to the end of the year. contrary, no information was made available on the investigations into the Trials and investigations into past allegations, and in a number of trials political murders testimony allegedly obtained under torture was admitted in court. No proceedings were The trial of Radomir Marković, former head initiated against police officers reasonably of Serbian state security, and other serving suspected of using torture during or former security officials continued. They “Operation Sabre”. were accused of involvement in an attempt in 1999, in which four people were On 20 November the UN Committee against murdered, to kill current Foreign Affairs Torture (CAT) found Serbia and Montenegro Minister Vuk Drašković, at the time a in violation of Articles 1, 12, 13 and 14 of leading opposition politician, as well as the Convention against Torture and Other involvement in the murder of former Cruel, Inhuman or Degrading Treatment or Serbian President Ivan Stambolić in August Punishment. Their decision was made in the 2000. The trial of those accused of case of Dragan Dimitrijević, a Romani man, involvement in the murder in March 2003 of who – the Committee found – had been Serbian Prime Minister Zoran Đinđić subjected to police brutality amounting to continued. torture after being arrested at his home in Kragujevac on 27 October 1999. The Police torture and ill-treatment Committee also found Serbia and Montenegro in violation of their obligation There appeared to be a drop in the number to carry out a prompt and impartial of alleged instances of police torture or ill- investigation into the complaint made to treatment in the reporting period. However, the authorities in January 2000 by Dragan allegations continued and investigations Dimitrijević. Having received no response to into previous allegations of police torture his complaint by December 2001, HLC and and ill-treatment remained seriously flawed. the European Roma Rights Center filed an In July, Serbia and Montenegro appeared appeal with the CAT on his behalf. The CAT before the UN Human Rights Committee. In also found that, in failing to investigate his its Concluding Observations, the Committee complaint, the authorities had denied expressed concerns about continued Dragan Dimitrijevic the opportunity to file a allegations of torture and ill-treatment and civil case for compensation. The Committee in particular, about allegations made in the requested that Serbia and Montenegro open context of “Operation Sabre” – the a proper investigation into Dragan widespread clamp-down on organized crime Dimitrijević’s complaint and inform the following the assassination of Zoran Đinđić Committee of progress within 90 days. in 2003. During the Committee session the delegation from Serbia and Montenegro Attacks on minorities

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Attacks and racist actions directed against period from 1999 to November 2002 . She minorities in the multi-ethnic Vojvodina had been severely tortured, and alleged region by non-state actors continued. There that Montenegrin politicians, judges, police were allegations that the police were not and civil servants had tortured and raped acting with due diligence, especially in her and other East European women who connection with the attacks on ethnic like her had been trafficked and held as Hungarians. These allegations were denied sex-slaves. The findings of the commission by the authorities who claimed that minor failed to address the issues adequately, incidents, many of which they claimed were portrayed S. Č. as a criminal rather than as not ethnically motivated, were being a victim of serious human rights violations, politicized. On 16 September the European made derogatory references to her Parliament adopted a resolution pertaining character in a completely unacceptable to the inter-ethnic crisis in Vojvodina, which manner, and gave rise again to suspicions stated that any escalation in inter-ethnic of an attempt to cover up apparent official tension would pose a great danger to complicity in the trafficking of women and regional stability, and resolved to set up an girls for forced prostitution in Montenegro. EU parliamentary delegation to investigate the incidents. Kosovo (Kosova)

Violence against women and girls – War crimes domestic violence and the trafficking of women and girls for forced Arrests, trials and re-trials for war crimes prostitution and crimes against humanity continued involving both Kosovo Albanians and Serbs. Domestic violence remained widespread Those involving ex-members of the KLA with the majority of victims being women continued to provoke mass protests by tens subjected to violence from male partners or of thousands of Kosovo Albanians, who saw former partners. Although there was a rise the detainees as ‘freedom fighters’. in the number of proceedings against perpetrators in Serbia since specific criminal In October the Tribunal prosecutors stated legislation was adopted in 2002, the that prosecution witnesses in the case of majority of domestic violence cases were ex-KLA members Fatmir Limaj, Isak Musliu not classified as falling within this and Haradinaj Bala - whose trial on charges legislation and were treated as of crimes against humanity and violations misdemeanours. This was largely due to a of the laws or customs of war in Kosovo in narrow definition in the family law of who 1998 began at the Tribunal in November - constituted a “family member”, restricting it were subjected to organized and systematic to members of the nuclear family and intimidation. Beqa Beqaj, a relative of Isak excluding unmarried partners, divorced Musliu, was indicted by the Tribunal for spouses and others emotionally involved contempt for attempting to threaten, outside of the nuclear family. intimidate, bribe or otherwise interfere with witnesses in the case – the only such Serbia and Montenegro remained a source, indictment issued by the Tribunal to date. transit and destination country for women Begë Beqaj was arrested in November and and girls trafficked for forced prostitution. transferred to the Hague.

In November the Montenegrin government Trials following the violence of 17 – 19 appointed a commission to investigate the March 2004 actions of the police and the judicial authorities in the case of the Moldovan By October more than 100 trials resulting woman known as S. Č., who is believed to from the widespread inter-ethnic March have been trafficked into Montenegro and violence (see Serbia and Montenegro forcibly made to work as prostitute in the (Kosovo/Kosova): The March Violence:

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KFOR and UNMIK’s failure to protect the Stefan and Olga Šarkozi, who are Roma rights of the minority communities, AI and whose house had been burned down by Index: EUR 70/016/2004) had been a mob in December 2003, were preparing completed. 83 people had been convicted, to build a small wooden hut on their land with sentences including fines and when the local mayor reportedly ordered imprisonment up to five years, and over them to leave the village immediately. The 200 cases were still in process. However, mayor later returned with four security UNMIK did not give details of any cases guards who carried baseball bats and involving alleged Kosovo Police Service assaulted Stefan Šarkozi, members of his (KPS) complicity, despite serious allegations family and Marian Rehak. In the evening, of such complicity in some places. the Šarkozis took refuge under a bridge. The mayor reportedly arrived in the night Apart from the investigations into the March with security guards and again assaulted events, UNMIK continued to fail to make the family. As a result Stefan Šarkozi any significant progress in investigating and sustained a broken arm, his daughter Olga bringing to justice those responsible for suffered injuries to the legs, his son Jozef many ethnically motivated murders and injuries to the face and chest and his other violent attacks which occurred since youngest daughter Adriana was thrown into 1999. river. The incidents were reported to the Malacky District Police Department and to Trafficking of women and girls for forced the Ministry of the Interior in Bratislava, prostitution which reportedly initiated an investigation. In the evening of 19 August when the Trafficking of women and girls for forced Šarkozi family attempted to place on their prostitution remained a serious concern land a mobile house, provided by LHRA, the (see Kosovo (Serbia and Montenegro): mayor reportedly organised a ‘Does that mean I have rights?’: Protecting demonstration by villagers who wanted to the human rights of women and girls expel the Šarkozi family from Záhorská Ves. trafficked for forced prostitution in Kosovo, The villagers prevented the placement of AI Index: EUR 70/010/2004). Arrests and the mobile home and the mayor reportedly prosecutions of traffickers remained called Dr Columbus Igboanusi, LHRA relatively low and measures to ensure director and a Nigerian national with witness protection remained to be permanent residence in Slovakia, a “nigger implemented. The Administrative Directive, from Somalia”. implementing provisions of the Trafficking Regulation and ensuring that trafficked A shack which the Šarkozis subsequently women and girls receive access to support built on the land which they refused to sell and protection, redress and reparation, was reportedly demolished on 29 remained – after over three years’ September by the police and private discussion - to be agreed and implemented security guards. The family’s meagre as did the Action Plan on Trafficking, property and belongings were destroyed originally due to be completed by the end of and the family was forced to flee to the July. capital, Bratislava. Earlier, on 24 September, the mayor of Záhorská Ves had filed a criminal complaint against the Šarkozis for “using abusive language SLOVAKIA against a public official”.

Committee on the Elimination of Ill-treatment of Roma Racial Discrimination

According to the League of Human Rights On 18 August, the UN Committee on the Advocates (LHRA), a local human rights Elimination of Racial Discrimination (CERD), organization, on 3 July, in Záhorská Ves,

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following a review of Slovakia’s fourth and consequence of their poor and inadequate fifth periodic reports, adopted its concluding living conditions. observations. While CERD welcomed the entry into force of the Anti-Discrimination With regard to allegations of illegal Law on 1 July, it remained concerned about sterilization of Romani women 15 , CERD the occurrence of racially motivated crimes welcomed assurances given by the Slovak and incidents in the country. CERD delegation that a draft Law on healthcare encouraged the Slovak authorities “to would address shortcomings in the system continue monitoring all tendencies which by adequately defining free and informed may give rise to racist and xenophobic consent for medical acts as well as by behaviour and to combat the negative guaranteeing patients’ access to medical consequences of such tendencies. The files. CERD recommended that the Slovak Committee also recommends the State authorities “ensure that just and effective party to intensify its efforts as to ensure to remedies, including compensation and everyone within its jurisdiction effective apology, are granted to the victims”. protection and remedies against any act of racial discrimination, as well as the right to Cage beds in psychiatric hospitals – seek just and adequate reparation or inhuman and degrading treatment satisfaction for any damage suffered as a result of such discrimination. In this respect, A television programme filmed in the State party should ensure that victims September by the BBC, a UK broadcasting of racist crimes are afforded wider access to company, documented the use of cage beds free legal assistance.” [underlined as in the as a method of restraining patients in original, in this and quotations below] psychiatric hospitals in Slovakia. Cage beds - beds which are fitted with a metal-barred Noting that Slovak authorities had made construction above the mattress, or a metal some efforts in respect of the training of frame covered with netting, designed to law-enforcement officials, CERD enclose a person within their confines - are nevertheless expressed “concern about currently used in Slovak psychiatric allegations of police discriminatory facilities under the control of the Ministry of behaviour towards members of minority Health. A prohibition on the use of cage groups, particularly Roma, including acts of beds in social care homes for children and ill-treatment and violence”. CERD called on adults with mental disabilities under the Slovakia to set up an independent authority of the Ministry of Labour and monitoring mechanism to investigate Social Affairs was adopted by the Slovak allegations of police abuse. Parliament in January 2004. The UN Human Rights Committee commented on the use of CERD also expressed concern about the cage beds in August 2003 during its segregation of Roma children in special examination of Slovakia, recommending schools, including special remedial classes that their use should immediately cease16. for children with mental disabilities; A similar recommendation had been issued discrimination against Roma in the field of by the European Committee for the employment as well as the very high rate of Prevention of Torture and Inhuman or unemployment among members of the Degrading Treatment or Punishment after a Roma community; and the isolation of the visit to Okoč home for disabled children and Roma community in ghetto-like adults and Veľký Biel home for disabled neighbourhoods and their critical situation women in October 2000. in respect of housing conditions, especially in the eastern part of the country, where the Roma community is mostly concentrated. Furthermore, CERD was 15 See Slovakia: Failed investigation into allegations of alarmed by the critical health situation of illegal sterilization of Romani women, (AI Index: EUR some Roma communities, which is largely a 72/005/2003). 16 See CCPR/CO/78/SVK

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The BBC programme in one scene showed physically and mentally tortured while held eight patients held in cage beds in incommunicado on the eve of the Olympic Sokolovce hospital. One of them had been Games in Barcelona in 1992. Concerning restrained in this manner for about five the allegations of torture and ill-treatment, weeks and the staff were unable to explain the court held that there had been no why the patient had sores and bruises. In violation of the European Convention for the Bratislava University Hospital, in a ward the Protection of Human Rights and for elderly patients suffering from dementia, Fundamental Freedoms. However, there the BBC filmed a cage bed fitted with had been a violation of Article 3 on account leather straps. Dr Pavel Cernak, chief of the failure to hold an effective official advisor for psychiatric treatment of the investigation into the allegations. Ministry of Health, interviewed in the programme, stated: “In principle I’m In the view of the Court the task in convinced that cage beds are necessary in assessing whether torture or ill-treatment order to protect the patients themselves, had taken place had not been facilitated by other patients and the staff…Unfortunately the “very long period” – 12 years – which there are situations when medication is just had elapsed since the events took place. It not enough. This is when we need to use a noted a contrast between the “exhaustive form of restraint. We think that from the and precise” account of the treatment to medical, human and social point of view which the applicants claimed they had been these beds are safest.” subjected and the “far sketchier” statements that had been taken by forensic A former patient, interviewed in the doctors. The forensic reports did not refer programme, described what happened to serious ill-treatment and the Court was, when she sought help at Dr Cernak’s therefore, unable to make any finding on hospital after a difficult Caesarean section the matter. left her feeling depressed. “They wanted to inject me with medication but I declined. The Court was concerned by the way the They were going to force me so I threw allegations of torture and ill-treatment had myself on the floor…they jabbed me with a been dealt with by the Spanish courts. It syringe and put me in a cage bed”. She was concerned that, when concluding that didn’t know how long she was sedated but no torture or ill-treatment had taken place, when she woke, she said, the nurses the Spanish courts had “relied solely on the wouldn’t let her out. “I was shaking the reports of the forensic doctors”. The judicial cage bed and shouting that I wanted to go investigations had not, in the view of the to the toilet but they refused and as nobody Court, been “sufficiently thorough and came I ended up urinating in the bed like effective for the purposes of Article 3”. It an animal.” Caged beds, she alleged were was “unfortunate” that the authorities had for the convenience of staff who want to not taken statements from the arresting sleep on the night shift and not for the officers or custody officers. “Moreover”, the benefit of patients. judgment added, “the investigating judge had turned down the applicants’ request for evidence from proceedings in another case, including statements by police officers, to SPAIN be added to the case file. Nor did it appear from the file that the investigating judge had taken statements from the applicants. European Court condemns Spain for Ultimately, the Court could not but note failure to hold thorough and effective that the judicial authorities had dismissed inquiry into torture allegations all the applicants’ requests for evidence to be obtained, thereby denying them a In November the European Court of Human Rights issued a judgment on the case of 15 Catalans who claimed they had been

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reasonable opportunity to establish the incommunicado, including allegations of matters of which they complained”.17 torture and ill-treatment by a number of persons arrested in Bilbao by the Civil The applicants were all suspected of Guard between 2 and 12 November. The belonging to a Catalan independence majority were released after the maximum movement. They complained that, following period of incommunicado detention had arrest in 1992, they had received blows to expired. AI was also continuing to follow the head and face when blindfolded and the case of the young Catalan, Jordi were deprived of sleep and food. Some Vilaseca Cantacorps, who alleged he was claimed that plastic bags had been placed tortured while held incommunicado under over their heads to instil a sense of the anti-terrorist legislation by officers of suffocation (“la bolsa”). A Madrid judge the Catalan autonomous police, the Mossos investigated the complaints but concluded, d’Esquadra, and the National Police in 2003 on the basis of the forensic doctors’ (AI Index: EUR 01/005/2004). evidence, that there was no proof of torture or ill-treatment. The applicants renewed Government fails to respond to their complaint at their trial in the National Human Rights Committee rulings Court (Audiencia Nacional). In July 1995 the court convicted six of the applicants for On 13 July the secretariat of the UN Human offences relating to acts of “terrorism”. It Rights Committee replied to a request for declined to examine the torture and ill- information from a Spanish lawyer treatment allegations at the hearing and regarding the issues of double jurisdiction further judicial investigations failed to find (doble instancia penal) and continuing evidence of torture and ill-treatment. lengthy delays in judicial proceedings. According to the Committee, the Spanish In its submission to the UN Committee government did not respond within the against Torture, made in 2002, AI required time limit to the respective rulings expressed concern at the poor standard of which the Committee had issued in October forensic reports. 18 The Council of Europe’s 2002, September 2003 and February 2004. Committee for the Prevention of Torture In 2003 the Committee had examined the and Inhuman or Degrading Treatment or case of Manuel Sineiro Fernández, who had Punishment (CPT) has also repeatedly been sentenced by the National Court to 15 urged the Spanish authorities to improve years’ imprisonment for drugs trafficking. the quality of forensic reports when The Supreme Court had denied his recording the results of their medical application for a judicial review (casación), examinations. In a report published in 2003 stating that it was not part of its functions the CPT also recommended that persons to reconsider the evidence on which the held incommunicado be allowed access to a court of first instance had based its second medical examination by a doctor conviction. (There is no appeal, except on freely chosen by the detained person, as an points of law, from the National Court, “additional safeguard against ill- which is a special division of the Supreme treatment”.19 Court acting as the court of first instance on serious matters such as “terrorism”, fraud, In 2004 AI continued to receive allegations major drugs trials, etc., and also in cases of torture and ill-treatment by persons held involving members of parliament).

17 European Court of Human Rights, Chamber According to the Committee, the Judgment – Martínez Sala and others v. Spain, complainant was denied the full review of 538a(2004), 2 November 2004. his conviction and sentence and, on that 18 Spain: A Briefing for the UN Committee against basis, there had been a violation of Article Torture: Update (AI Index: EUR 41/014/2002). 14(5) of the International Covenant on Civil 19 Report to the Spanish Government on the visit to and Political Rights. The Committee noted Spain carried out by the CPT from 22 to 26 July 2001, that the complainant was entitled to an CPT/Inf (2003) 22.

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effective remedy and that the conviction A separate judicial inquiry was proceeding must be reviewed in accordance with Article into the fatal shooting of Farid Bendaomed 14(5) 20 . The Committee also condemned by a sergeant of the Mossos d’Esquadra in Spain for the length of judicial proceedings connection with the same anti-drugs – in one case of 11 years, in another of five. operation. The Mossos d’Esquadra officers reportedly claimed that the fatal shot was Excessive use of force and ill- fired accidentally during a struggle. treatment by police officers However, according to the Moroccan witnesses, Farid Bendaomed was shot in Ill-treatment of Moroccans the back of the neck while attempting to escape arrest, an allegation which was In July an investigating judge attached to subsequently reportedly corroborated by a the court of Santa Coloma de Gramanet forensic report submitted to the inquiry. (Barcelona) opened an inquiry into Delays in the judicial investigation have allegations that six Moroccans were ill- been partly attributed to a change of judge. treated on arrest and in police custody in By the end of the period under review, the Badalona following the fatal shooting of a new judge had not yet interviewed the Moroccan, Farid Bendaomed, on 27 May. Up sergeant who fired the fatal shot, or the to 11 members of the Catalan autonomous other police officers, over six months after police, the Mossos d’Esquadra, were placed the incidents occurred. under investigation for acts of ill-treatment (lesiones), illegal detention and harassment. Mari Bernasar Triano According to reports, the judge was investigating whether police officers had ill- Mari Bernasar Triano, a 39-year-old woman treated five Moroccan detainees when they of foreign origin, was arrested and detained were being transferred to the police station by National Police officers at Torremolinos of Badalona, and during police custody at (Málaga) on 16 August in connection with the station, and a sixth Moroccan, who was “an attack on a public official” (atentado subsequently arrested at the police station. contra la autoridad). The arrest followed a The judge was also investigating whether dispute in the Picnic bar in Torremolinos, in the ill-treatment had been racially which the officers who intervened motivated. The five Moroccans, whose reportedly asked her for identity papers names were given as Mohamed Blehaji, which she said she had left at home. The Mohamed Jelloul, Mohamed Ettalhouai, Said officers alleged that she had violently Lechkar and Aloud Hadjamar, were arrested resisted arrest and insulted them. She was in connection with alleged drugs-related sentenced the next day to an eight-month offences. Said Lechkar, who suffers from prison term and awarded conditional liberty tuberculosis, was allegedly handcuffed and for two years. forced to lie naked on the floor for several hours without any covering. An officer In a complaint lodged on 17 August with allegedly placed a foot against his neck, the investigating judge of Torremolinos, threatened him and hit him with a torch or Mari Bernasar alleged that, while being held flashlight when he tried to get up. The sixth in the police station cells, she was beaten Moroccan, Frikki Lechkar, was allegedly and subjected to cruel, inhuman and beaten when he went to the police station degrading treatment. Mari Bernasar alleged to inquire after the situation of his that she had been repeatedly insulted, and companions. that when she asked for water an officer brought her urine. She claimed that when she protested the officer took her out of the cell and beat her with a baton, and she required subsequent medical treatment. 20 Communication No. 1007/2001 She further alleged that the ill-treatment (CCPR/C/78/D/1007/2001, 19 September had caused her anxiety and psychological 2003. stress, as well as problems at her place of

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work. Medical reports and a sequence of security guards had been accused of photographs sent to AI appear to beating him repeatedly and causing him corroborate Mari Bernasar’s allegations and injuries which were estimated to take seven refer to or show extensive bruising on the days to heal. The child was reportedly buttocks and marks on the knees. injured in the left eye, head and neck and on the back and right arm. In a The complaint lodged by Mari Bernasar is controversial judgment, the court found ongoing. that “Younes” had indeed been beaten by the centre employees, but that the violence Unaccompanied foreign children used had been “necessary” in view of the aggressive and violent attitude of the minor. In November the Attorney General’s office (Fiscalía General del Estado) issued new In October AI received allegations that two guidelines (instrucción) to juvenile judges minors had been ill-treated in police (fiscales de minores), according to which custody in Madrid after attending a unaccompanied foreign children should be gathering in the Plaza de España. The transferred to reception centres (centros de parents of Enrique Rincón Alguacil and the acogida) in Spain and not returned parents of Pablo Armando Castro automatically to their countries of origin. In complained that their sons had been kicked October 2003 the then Attorney General and beaten with batons. The parents issued an order that children of 16 or over claimed that they had not been informed of should be returned as a matter of course – their children’s detention while the children an order criticized by AI, among other were in police custody. organizations. However, by the end of 2003 the practice of “repatriating” Prison ill-treatment unaccompanied foreign children of 16 or over without considering their individual There were reports of torture or ill- circumstances or interests had become the treatment in various prisons, which were norm, although the Spanish authorities suffering from extreme overcrowding. In have not released information about the September a prosecutor attached to the numbers involved. High Court of the Canary Islands warned the Attorney General’s office and the Since 2001 AI has urged the Spanish president of the government of the Canary authorities to protect the rights of Islands (Canarias) that the situation in unaccompanied foreign children found on prisons such as Salto del Negro (Gran Spanish territory. AI reminded the Canaria) and Tahíche (Lanzarote) was authorities of their obligation to protect and “urgent” (“acuciante”). care for unaccompanied foreign minors in accordance with the UN Convention on the Concern was also expressed about the Rights of the Child21. situation in the prison of Monterroso (Lugo). In September the head prosecutor attached Ill-treatment of children to the Provincial Court of Lugo concluded that, in February 2002, a chief doctor and In December a Madrid Court (Audiencia two prison officers had assaulted a Provincial de Madrid) acquitted five Moroccan prisoner, Magdare Rabay, being employees at the Renasco children’s held at Monterroso. The prosecutor found detention centre accused of ill-treating a that the attack, which occurred after 16-year-old minor, “Younes” in 2002. Two Magdare Rabay had threatened to injure care workers (educadores) and three himself if he was not given different medication, was racially motivated. Two guards reportedly beat him until he briefly 21 See, for example, AI Index: EUR lost consciousness and the doctor also 41/003/2001: “Spain: ‘Street children’ have reportedly ill-treated him. The prosecutor rights too”. claimed that Magdare Rabay had also been

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urinated on, racially abused and called a (including people fleeing war or generalized “terrorist”. In his judicial complaint, lodged violence), who do not fall under the strict with an investigating judge in 1 July 2004, definition of the Refugee Convention, from the prosecutor requested that racism be receiving adequate international protection. taken into account in the charges against It said the proposal to share data with the the accused as an aggravating factor under asylum-seeker’s country of origin after a Article 22.4 of the Spanish Penal Code. first instance decision, rather than after the completion of the asylum procedure, including appeals, increased the possibility of the asylum-seeker or his/her relatives SWITZERLAND being put at risk. In public statements made during an official visit to Switzerland in December the Council of Europe’s Asylum Commissioner for Human Rights also expressed concern that changes to asylum Government proposals for further changes procedures were putting the rights of to the asylum law were under asylum-seekers at risk. parliamentary discussion. Changes to the asylum law which had come into force in Police racism, ill-treatment and use April had, among other things, reduced the of excessive force period within which many asylum-seekers could appeal against the rejection of their There were further allegations of ill- initial asylum applications from 30 to five treatment, use of excessive force and racist days. The amendment affected those whose abuse by police officers, on the streets, initial applications were rejected during identity checks and in police stations. automatically, without individual Police accountability mechanisms remained examination (décision de non-entrée en unsatisfactory and such abuses were often matière), on grounds that the authorities committed with impunity. Many detainees categorized their country of origin as safe were denied some of the fundamental for return. AI and other organizations safeguards against ill-treatment in police working for refugees’ human rights were custody, such as the right to have prompt concerned that the amendment did not access to a lawyer and to have relatives allow rejected asylum-seekers sufficient informed of their arrest. More cantonal time to access appropriate legal advice and police forces acquired tasers (dart-firing, lodge an appeal. high-voltage stun guns) and AI continued to raise concerns about the health risks In July the Office of the UN High associated with such weapons, as well as Commissioner for Refugees suggested that their potential for abuse. some of the further changes being proposed were “focused on restricting Updated case information access to the asylum procedure and to international protection, and risked running *In September the Geneva Attorney counter to the spirit and the letter of the General found a Cameroonian woman guilty 1951 Refugee Convention.” It was of calumny against the police and particularly concerned that proposed sentenced her to six months’ suspended restrictions on access to normal asylum imprisonment The police had lodged a procedures for people unable to submit complaint against her after her own valid travel or identity documents within 48 complaint accusing them of physically and hours could lead to breaches of the Refugee racially abusing her and strip-searching her Convention. It also expressed reservations in the presence of male officers in 2002 had on the proposal to grant humanitarian been dismissed by the Attorney General status only to people able to present certain and by a Geneva court (see AI Index: EUR identity documents and said it would 01/016/2003). Her lawyer challenged the prevent deserving asylum-seekers

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September verdict, repeating that her guilty of blocking traffic and thereby original complaint had been dismissed endangering the lives of drivers but without her ever being questioned and exempted Martin Shaw from punishment on without any attempt to obtain statements account of the permanent physical injuries from witnesses supporting her version of he had sustained. events. Following the cutting of the rope and its * In December a Geneva court considered consequences, a criminal investigation was Denise Chervet’s appeal against a opened into the incident de officio and in magistrate’s decision not to indict the police the light of complaints lodged by Martine officer who fired a kinetic impact weapon at Shaw and Gesine Wenzel. Their criminal her, causing her permanent facial injury, complaints accused the police officer (from following a demonstration in Geneva in the Shaffhausen cantonal police force) who March 2003, and called for him to be had cut the rope, a second officer (from the charged with causing serious bodily harm Vaud cantonal police force), who had been (see AI Index: EUR 01/005/2004). The the second member of their patrol, and court endorsed the magistrate’s decision persons unknown of causing serious bodily but indicated that certain aspects of the harm through negligence, endangering the shooting incident still needed clarification. A life of another person, and failing to provide decision by the magistrate as to whether or assistance. In October the relevant not to pursue further investigation was still investigating magistrate in the Canton of awaited at the end of December. The officer Vaud announced the conclusions of his who authorized the use of the weapon was investigation, ruling that no charges should also awaiting trial on a charge of causing be pursued against any of the police bodily harm through negligence. officers concerned.

* There were further developments in The magistrate considered that the connection with incidents which occurred at demonstrators had failed to take a series of the Aubonne bridge, on the Lausanne- relevant precautions in carrying out their Geneva motorway, during the G8 summit action, had created “chaos” at the moment held in Evian, in neighouring France in June of the police intervention and that their 2003, and the surrounding demonstrations omissions and actions outweighed the and relevant cross-cantonal policing actions of the police when it came to operations in Switzerland (see AI Index: identifying the causes of the accident. He EUR 01/005/2004). stated that the “temerity” of the demonstrations should be recognized as Martin Shaw suffered multiple fractures as “the preponderant cause” of the result of falling some 20 metres from the “regrettable accident” suffered by Martin bridge on 1 June 2003 after a police officer Shaw. Gesine Wenzel and Martin Shaw cut the rope from which he was hanging. strongly rejected the magistrate’s Martin Shaw and other protestors had conclusions and in November entered an undertaken the action in order to block an appeal against his ruling, asking the court official delegation travelling to the G8 to overturn it, to invite the magistrate to summit. They stretched a rope across and a indict the two named police officers on metre above the road and warned charges of bodily harm and endangering approaching motorists by stringing a the life of another person, to indict the banner across the road on the approach to Vaud police officer on a charge of giving the bridge. Martin Shaw and a female false evidence and to invite the magistrate protestor, Gesine Wenzel, were hanging on also to take a series of further investigative either side of the motorway, at the ends of steps to establish the facts. the rope. The police maintained that the rope was cut accidentally. In June 2004, a court in Nyon found Martin Shaw, Gesine Wenzel and Olivier L, a Swiss protestor,

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Use of force during deportations said it had gathered a number of under police escort allegations, mainly of racist insults, threats and occasional physical ill-treatment during In November the government presented, body searches by police officers responsible for public consultation, a draft federal law for checking passports at the border. regulating the use of force by police during According to these allegations, such deportations and during the transport of treatment was aimed at persuading foreign detainees ordered by a federal authority. nationals not to enter Swiss territory and The text largely reflected cross-cantonal return voluntarily to their country of origin, guidelines for police on restraint methods to or not to lodge an asylum request in be used during forcible deportation Switzerland. The CPT said that the most operations, endorsed by the Conference of “worrying” allegations concerned physical Directors of the Cantonal Justice and Police violence inflicted in retaliation for aborted Departments in 2002. The Conference had deportation operations. Reportedly, police requested legislation to regulate police officers inflicted blows in police vehicles, restraint methods at the federal level (see during transfers back to airport buildings, AI Index: EUR 01/007/2002). AI welcomed or in police offices. The CPT pointed out the text insofar as it aimed to make a that the majority of such allegations dated number of essential safeguards for back to incidents occurring several weeks deportees legally binding, and viewed as before its visit and, consequently, the particularly positive the banning of any marks which such blows might have left police restraint methods restricting would probably have disappeared in the breathing, in view of recent deaths interval. It also pointed out that the attributable to such methods. However, AI registers and medical files which it was concerned about certain aspects, in inspected at Prison No 2 were usually very particular a provision allowing the use of summary. The CPT said the allegations electro-shock weapons, including tasers. In could not be dismissed as being without December the Council of Europe’s foundation, in view of the number and Commissioner for Human Rights also consistency of allegations made expressed concern about the use of tasers independently of one another. in the context of forcible deportations. It formulated a number of Findings of the Council of Europe recommendations to address such concerns, Committee for the Prevention of Torture emphasizing, amongst other things, the need to remind police officers that In December the Council of Europe’s allegations of ill-treatment would be Committee for the Prevention of Torture properly investigated and, if proven, and Inhuman or Degrading Treatment or severely sanctioned; the importance of Punishment (CPT) published the findings of systematically offering a medical a visit carried out in October 2003, examination, on return to detention, to principally to assess the implementation of every foreigner following an aborted measures it had previously recommended deportation operation and of integration concerning procedures and restraint into the general police training programme methods applied in the context of forcible of information concerning the risk of deportation operations from Zurich-Kloten positional asphyxia during the physical Airport. The CPT also reviewed the restraint of recalcitrant people. treatment of foreign nationals detained in the airport’s international transit zone and Upon the report’s publication, the Swiss Airport Prison No 2 pending deportation. authorities stated that they had already taken a number of steps to implement The CPT noted “the considerable work” these and other recommendations made by carried out by the authorities to implement the CPT. its past recommendations. Nevertheless, it

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The CPT reiterated the concern it had The results of a study into violence against expressed following its 2001 visit to the women in Switzerland, carried out by airport, that foreign nationals, including Lausanne University’s School of Criminal asylum-seekers, detained but able to Sciences, were published in December. circulate within the transit zone of the After asking 1,975 women between the airport, were not getting access to exercise ages of 18 and 70 about their experiences, in the fresh air, even during prolonged the authors found that more than a quarter stays. Although the CPT was informed by said they had been the victim of sexual the authorities that, in the event of violence and one in five said they had prolonged detention, the individuals had the suffered other physical and/or verbal abuse. right to a walk in the fresh air every three The study also found that 75 per cent of days, on specific request, it found that the physical attacks on women were carried out foreigners concerned were not informed of by unknown assailants. Partners, and in this right. It recommended that foreigners particular ex-partners, were responsible for detained in the zone for a prolonged period the remaining 25 per cent of incidents. should have access to at least one hour’s exercise in the fresh air daily and be duly informed of this possibility. The authorities subsequently indicated that this TAJIKISTAN recommendation would be implemented from the start of 2005. As in 2001, it also expressed concerns about inadequate Torture, ill-treatment and impunity medical attention for those held in the transit zone and called on the authorities to AI continued to receive reports of torture take prompt steps to ensure that all those and ill-treatment by police in the period detained there receive a medical under review. In a large majority of cases examination, if possible, on the first day as there were allegedly no thorough and their detention and that a nurse regularly impartial investigations conducted and the visit their detention facilities. The CPT found perpetrators enjoyed impunity. that people held in the transit zone were also still encountering difficulties in Perpetrators of ill-treatment in Nurek receiving visitors and it reiterated its police station go unpunished (update to previous recommendation that steps should AI Index: EUR 01/005/2004) be taken to allow them to receive visits, including from representatives of non- Despite substantial evidence that Vladimir governmental organizations (NGOs). Vasilchikov, Elena Dudenkova and her husband Viktor Dudenkov were ill-treated Violence against women by police in June, the investigation into their complaints was closed in the period In November the NGO, Solidarité femmes under review. A senior official of Khatlon de Suisse et du Liechtenstein reported that regional procuracy stated in a letter to 834 women, accompanied by over 800 Vladimir Vasilchikov and Viktor Dudenkov children, had sought protection against dated 5 August that the procuracy had domestic violence in refuge centre during found “no signs of a crime” in the activities 2003 but that women and children were of the police. In a letter received on 28 regularly turned away because of a lack of October the General Procuracy confirmed available places. It said that there were the decision of the regional procuracy. only some 300 places available while a minimum of 700 was needed. It also called Vladimir Vasilchikov and Viktor Dudenkov, for increased financial contributions by the members of the Awakening Baptist Church authorities towards the maintenance of in the town of Nurek, were reportedly such shelters. beaten and intimidated by police at the local Department of Internal Affairs between 16 and 23 June. Viktor Dudenkov’s

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wife was also said to have been insulted, “terrorism”, “genocide”, and “biocide”. The forced to stand up for several hours and law had not come into force by the end of denied food and drink during the same the year. period. The three were summoned for investigations into the case of Vladimir Relatives of those executed before the Vasilchikov’s mother Mariya Vasilchikova, moratorium came into force still had no who was last seen in June 2002. While no right to know the location of the graves. formal charges were brought, police According to domestic law, “[t]he body [of accused the men of having killed her. The an executed prisoner] shall not be given out two men consistently maintained their for burial, and the burial place shall not be innocence and alleged they were disclosed”. As a result, relatives wishing to pressurized into signing “confessions”. visit the graves continued to be subjected Following complaints by both men to the to cruel and inhuman treatment. General Procuracy, they were examined by doctors at the Republican Centre of UN Human Rights Committee ruling on Forensic Medicine in Dushanbe. On 25 June death penalty cases the experts concluded that both men suffered from concussion and head injury. The UN Human Rights Committee ruled on 20 and 25 August respectively that serious Moratorium on death sentences and violations of Tajikistan’s obligations under executions the International Covenant on Civil and Political Rights had occurred in the cases of On 8 July the Majlisi Milli (upper house of Gaibullozhon Saidov and Bakhrom parliament) endorsed the law “on the Khomidov, in particular that the men’s trials suspension of the application of the death were unfair and that their “confessions” had penalty” and it was signed into force by the been extracted under torture. With regard President on 15 July. In line with the law no to the case of Gaibullozhon Saidov, who new death sentences were to be handed was executed on 4 April 2001 despite a down and the articles in the Criminal Code request by the UN Human Rights that previously carried the death penalty Committee to stay his execution while the were made punishable by 25 years’ Committee was examining his case, the imprisonment. In practice the moratorium Committee ruled that “a State party had been in force since 30 April, when commits grave breaches of its obligations President Imomali Rakhmonov announced under the Optional Protocol if it acts to at the joint session of both chambers of the prevent or frustrate consideration by the Tajik parliament that a moratorium would Committee of a communication alleging a be introduced in Tajikistan in due course, violation of the Covenant, or to render stating that “[m]an, his rights and freedom examination by the Committee moot and are great and inviolable values, and the the expression of its Views nugatory and right to life has a special place among them. futile”. In fact, the right to life is natural, and nobody has the right to deprive any other Gaibullozhon Saidov and his co-defendant, person of this right.” Andrey Rebrikov, who was reportedly executed the same day, were sentenced to On 30 November the Majlisi Namoyandagon death by the military board of the Supreme (lower house of parliament) voted in favour Court of Tajikistan on 24 December 1999, of a draft law revising the punishment of after being convicted of supporting former five articles of the Criminal Code that had Popular Front commander and warlord been punishable by death before the Makhmud Khudoyberdiev who had allegedly moratorium came into force to life tried to seize power in one area in 1998. imprisonment. The articles were: “premeditated, aggravated murder”, “rape Bakhrom Khomidov was sentenced to death with aggravating circumstances”, by the military board of the Supreme Court

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of Tajikistan on 12 September 2001. many positive aspects and were often less Bakhrom Khomidov’s death sentence was restrictive than their predecessors. For commuted to 25 years’ imprisonment by example, the new Penal Code removed the Supreme Court of Tajikistan on 21 many gender-discriminatory articles (see September. below), introduced a definition of torture closer to that laid down in international law, and introduced a higher minimum sentence for individuals convicted of torture and ill- TURKEY treatment.

However, there remained serious concerns Law reforms regarding provisions in the new laws which had been carried over unaltered from their The second half of the year was predecessors and which had previously characterized by a flurry of activity by the been used to restrict fundamental rights government as it passed legislation in an unnecessarily. For example, the crime of attempt to meet the criteria to open “insulting or belittling” various state accession negotiations with the European institutions, which had been criminalized in Union (EU). The so-called Copenhagen Article 159 of the old Turkish Penal Code, Criteria require that applicant states emerged again in Article 301 of the new demonstrate “stability of institutions Turkish Penal Code (TPC). Furthermore, guaranteeing democracy, the rule of law, some of the new laws introduced further human rights, and respect for and restrictions. For example, Article 305 of the protection of minorities”. new TPC criminalizes “acting against the fundamental national interest”, the The Progress Report of the European explanation of which, when the draft of the Commission in October 2004 had law passed through Parliament, included highlighted the need for further “crimes” such as “making propaganda for “strengthening and full implementation of the withdrawal of Turkish soldiers from provisions related to the respect of Cyprus or for the acceptance of a fundamental freedoms and protection of settlement in this issue detrimental to human rights” and drew attention to Turkey…or, contrary to historical truths, concerns about the widespread nature of that the Armenians suffered a genocide torture. It nevertheless recommended that after the First World War”. accession negotiations should begin. On December 17 the European Council One reason for the continuing problems in endorsed this recommendation, declaring this new legislation was the hurried pace of that Turkey had sufficiently fulfilled the the legislative reforms, which was Copenhagen Criteria and stating that it sometimes apparently exacerbated by the intended to start negotiations with Turkey European Commission’s insistence that the in October 2005, subject to a number of laws in question had to be passed before conditions. The Council mandated the accession negotiations were opened. This European Commission to closely monitor limited the opportunity for sufficient the implementation of the reform program consultation amongst civil society, including of the Turkish government and “especially Turkish human rights organizations, and the implementation of the zero-tolerance meant that some drafts went through policy relating to torture and ill-treatment”. parliament without sufficient scrutiny.

Among the reforms introduced by the Where consultation took place, the results government was a new Law on Associations, were positive. For example, the women’s a new Criminal Procedure Law, a new movement in Turkey had mobilized itself in Turkish Penal Code, a new Law on the response to the draft of the new TPC and Execution of Sentences, and a new Law on initiated a concerted and highly successful Municipalities. The new laws contained lobbying campaign against potentially

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retrograde amendments. Subsequently, number of circumstances in which some 30 of the 35 amendments put individuals could be imprisoned on remand, forward by the platform of women’s and the amount of time they can be held on organizations working in this area were remand, will be reduced; and a system of implemented. These included the abolition bail instead of detention on remand is of the possibility of a reduction, introduced for crimes carrying a maximum postponement or eradication of sentence sentence of three years or less. for rapists who marry their victims; the explicit recognition of marital rape as a The new law also introduces changes which crime; the redefinition of rape closer to purport to improve police accountability. international standards; the definition of Article 92 requires prosecutors to carry out sexual assault within marriage as a crime; inspections of places of detention. AI the definition of sustained and systematic considered that such inspections would be violence in the family as “torture”; and the an effective measure against torture if the moving of sexual crimes to the section on inspections were to be carried out on both a “crimes against the individual”. The reforms regular and an ad hoc basis and the were a significant step forward in improving subsequent findings and recommendations the legal protection from violence for made public. The draft of the law had also women in Turkey; most provisions will go envisaged the creation of a “judicial police” into force on 1 April 2005. which would be under the command of the State Prosecutor and which would be On the other hand, Article 122, which responsible for investigating crimes and forbids discrimination on the basis of gathering evidence. Human rights lawyers “language, race, colour, gender, political had been proposing such a change on the thought, philosophical belief, religion, basis that it could potentially guarantee denomination and other reasons” was that investigations into crimes alleged to amended at the last moment so that have been perpetrated by the security “sexual orientation” was removed from the forces such as torture and ill-treatment draft; discrimination on the basis of would be carried out by officials sexuality was therefore not criminalized in independent of the units allegedly involved the new TPC. in the crime and therefore less likely to be partial. However, representatives of the On 4 December Law No 5271 on Criminal police force forcefully objected to this Procedure was passed by Parliament. It will proposal, as an apparent result of which enter into force on 1 April 2005. The law significant changes were made to the draft. introduces a number of positive reforms to The idea of a “judicial police” was retained regulations on the investigation of crimes in the law but did not seem to signify any and detention and prosecution of suspects. substantive change – Article 164 of the new According to the new law, the length of Law on Criminal Procedure states that police or gendarmerie detention will not “…the term ‘judicial police’ denotes those exceed more than 24 hours from the time members of the security forces who carry of apprehension, although, where crimes out investigations [as already laid down in have been perpetrated by several the various laws regulating the activities of individuals, this period may be extended by the various arms of the security forces]”. 24 hours on the written order of the The only real change appeared to be the prosecutor up to a maximum of three days. introduction of a new term to refer to In addition, police officers are required to already existing structures. Outside of their notify suspects of their rights – including duties in carrying out such investigations, the right to a lawyer and the right to silence the judicial police would otherwise be under – at the time of their apprehension; the command of their superior officers in searches of premises are only permitted their respective force. AI believed that with the written order of a prosecutor or steps should be taken to ensure that decision of a judge; limits are placed upon investigations into serious human rights the use of handcuffs on detainees; the violations by security forces such as torture,

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extrajudicial executions, ill-treatment and Ministry as well as the Human Rights deaths in custody be independent and Advisory Board. impartial. Thus it considered that any “judicial police” should be independent from The former bodies were established in order the security forces; and its personnel to carry out research and make should be ex-police officers not on recommendations about local human rights secondment alongside civilians. issues, as well as conducting public awareness campaigns regarding human Human rights groups also expressed their rights in 81 provinces and 831 districts. The concerns about the rights of prisoners in statistics they provided were cited by the relation to the provisions of the new Law on government as credible evidence of the the Execution of Sentences, as well as extent of human right violations. However, about the Law on Compensation of Losses a number of factors, including the lack of Resulting from Terrorism and the Struggle independence of the boards (being attached with Terrorism. The latter law aimed to to the Prime Ministry, and the members recompense individuals forcibly displaced being elected at a local level by the from their homes in the 1990s during the governor and having to include police and conflict between the State and the gendarmerie chiefs), their limited powers Kurdistan Workers’ Party (PKK). Human (the boards are only able to act upon and rights groups expressed concern about the document direct complaints of human rights low level of compensation envisaged and violations and not reports) and their suggested that the law was designed to repeated failings to respond in a limit applications to the European Court of satisfactory way to complaints cast serious Human Rights. doubts upon their effectiveness.

Lack of monitoring mechanisms AI’s concerns were shared by Turkish and international human rights non- The implementation of the legislative governmental organizations and even by changes was often uneven and sometimes the Special Representative of the UN apparently resisted by state officials who Secretary General on Human Rights found new laws to target dissident opinion. Defenders, Hina Jilani when she visited One reason for this was a continued Turkey in October and concluded that: absence of mechanisms and institutions “…initiatives like the Human Rights Board at that would effectively scrutinize the the local level need to be reviewed…as they implementation of the reforms and human are currently structured this independence rights violations deriving from non- can not be assured, there must be adherence to them. Legislation was in the independence with regard to the process of being drafted for the creation of composition, the determination of the a Human Rights Ombudsperson and a agenda of the board and at the moment, as Human Rights Commission that might be I have observed the functioning of the able to carry out such duties. However, boards, they have not been very successful non-judicial responses to allegations of in addressing human rights concerns”.22 human rights violations were generally poor and independent reporting made more Meanwhile, a controversy developed after difficult by political pressure to present the Human Rights Advisory Board – Turkey as having fully met the Copenhagen established under the structure of the Prime Criteria. Ministry in order to independently issue regular reports and make recommendations Various bodies – established by the for the improvement of human rights in previous government – were held up as Turkey, and made up of representatives evidence of an effective structure of human from the government ministries as well as rights monitoring by the authorities. Among these were the Provincial and District Human Rights Boards attached to the Prime 22 Press statement by Hina Jilani, 20 October 2004

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civil society organizations – issued a report the Group’s co-operation with international on minority rights in Turkey as an appendix organizations, understood to include AI. to its regular report on human rights. The report questioned the application of the Torture and ill-treatment Treaty of Lausanne and whether minority rights in Turkey met international standards. One reason for the urgent need for The report was seized upon by the independent monitoring and investigative nationalist press in Turkey as evidence of mechanisms was illustrated by the furore the government’s “betrayal” of Turkey. The that broke out after the visit of the then EU government swiftly disowned the report and Enlargement Commissioner Günter the authors of the report were subjected to Verheugen to Turkey in September, as to huge pressure, including threats and the extent of torture in Turkey and whether investigations by prosecutors. Human rights it was or was not “systematic”. The figures organizations alleged that the government cited by the government as evidence of the had failed to respond to any of the reports improved situation were comprised of of the Board, that the State Minister for complaints of incidents of torture and ill- Human Rights had not attended any of its treatment to the Provincial and District meetings and that an effort had been made Human Rights Boards and were very low in to make the board ineffective by appointing comparison to those collected by to it representatives of organizations whose independent human rights organizations. commitment to human rights values was Nevertheless, when questioned about the questionable. Most notably, this included issue of torture in the Parliamentary the reported appointment to the Board of Assembly of the Council of Europe in journalist Fatih Altaylı, who had said in a October, Prime Minister Tayyip Erdoğan column in 2002, in reference to a lawyer stated categorically that there was no working against sexual assault of female systematic torture and then went on to say detainees in police custody: “If I do not "...however those, with ideological sexually assault…[the lawyer] at the first approaches, who say that there is still these opportunity, I would be a coward." type of torture... is from people who have connections with terror organizations. I Both the Provincial and District Human especially want to present this for your Rights Boards and the Human Rights information". While the government’s Advisory Board fell short of the failure to sufficiently scrutinize and requirements of a National Human Rights investigate the extent of torture makes any Institution that Turkey so urgently needed. assertion regarding its extent dubious, the unsubstantiated comment targeted at Meanwhile, non-official monitoring independent human rights groups working mechanisms also had pressure placed upon against torture in Turkey is clearly in breach them. On 7 December, the newly-elected of Turkey’s obligations under the UN President of the Izmir Bar Association took Declaration on Human Rights Defenders. the decision to dissolve its Torture Prevention Group (IOG). The Torture Nevertheless, as a result of the Prevention Group had been engaged in government’s policy of “zero tolerance for ground-breaking work since December torture”, detention regulations that 2001 by providing legal aid to the victims of provided better protection for detainees led torture. In a press statement, the President to an apparent reduction in the use of some of the Bar Association declared that he was torture techniques, such as suspension by closing the Torture Prevention Group the arms and falaka. However, these because one of its projects was receiving regulations, such as those that provide for funds from the European Commission which the right of access to a lawyer, were often he claimed was on a mission to divide not implemented, and cases of torture and Turkey and to damage its national interest, ill-treatment of individuals in police or including through the creation of "an gendarmerie custody remained a serious independent Kurdistan". He also criticized concern. Human rights groups documented

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many cases of torture and ill-treatment, circular by the Minister of the Interior which including beatings, electric shock, stripping requested that officers made sure not to naked, sexual harassment and death use disproportionate force, such incidents threats against detainees. continued to be reported – for example, in the demonstrations that took place in many Aydın Ay was detained on suspicion of theft cities in Turkey against the NATO at Carşı Police Station in Trabzon on 27 Conference held in Istanbul on 28 and 29 October and alleged that he was subjected June, and against the Higher Education to torture including being stripped naked, Council on 6 November. These complaints having his testicles squeezed and being were often responded to by “counter forced to sign documents the contents of charges” against the complainant for which he did not know and which were not “resisting a public official by force and read to him. violence or threats” or violating Law No 2911 on Meetings and Demonstrations. On 17 November, transgender sex worker “Hülya” was reportedly threatened at Killings in disputed circumstances gunpoint in Istanbul by a man who allegedly identified himself as a police There were several cases of civilians being officer and ordered her to perform a sexual shot dead by security forces, mostly in the act. When she refused, the man took her to south-eastern and eastern provinces. In police officers who beat and detained her. some incidents, the security forces alleged She continued to be subjected to beatings, the victims were members of an armed including with clubs, at the police station, group and had fired upon them after they as a result of which she suffered two were called on to stop. This was frequently broken arms. Despite this, she was charged contradicted by eyewitnesses who alleged with resisting police officers and remanded extrajudicial executions. Concerns were to prison. cited that trials opened by prosecutors only took into account the accused officers’ Non-marking methods of torture or ill- testimony. treatment apparently designed to circumvent new detention regulations were Police officers shot dead Mehmet and his widely reported. Despite the issuing of a 12-year-old son Uğur Kaymaz outside their circular by the Minister of the Interior house in Kızıltepe on 21 November. The outlining the prohibition of the use of authorities claimed that they were armed techniques in places of detention such as members of the armed group Kongra Gel deprivation of food, sleep and access to the and that they had shot at police officers, toilet as well as being forced to stand in who returned fire. Witnesses alleged that it uncomfortable positions, these continued to was an extrajudicial execution and that be reported. In addition, abuses were weapons were planted on the two victims carried out outside of official detention after they were killed. A case was opened settings: these included beatings and other against four police officers for use of ill-treatment of individuals during excessive force, but the lawyers of the apprehension, as well as abductions, in Kaymaz family complained that the which individuals were taken around in a indictment was partial in favour of the car or brought to a deserted place for defendants and omitted vital information questioning, with no subsequent records that supported claims of an extrajudicial that the person had ever been detained. execution. The police officers were released to await trial. They remained on active duty A high proportion of complaints of ill- but were appointed to other postings. treatment related to the use of Requests from the Parliamentary Human disproportionate force by security forces in Rights Commission for copies of the the policing of demonstrations, including autopsy and the indictment were refused by beatings with truncheons, use of pepper the Mardin prosecutor on the grounds of gas and dogs. Despite the issuing of a “secrecy”.

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On 30 November 2004, Fevzi Can, a Investigations, and any subsequent trials, shepherd, was killed by a gendarmerie generally did not examine the chain of officer in Şemdinli district of Hakkari, after command, and responsible officers were not he was shot allegedly for not obeying a suspended from active duty pending such warning to stop. Human rights proceedings. Trials of individuals accused of organizations alleged that he was unarmed. torture and ill-treatment were usually slow, with proceedings in some torture trials Impunity dropped through reaching the statute of limitations. The statute of limitations in As discussed above, there remained an torture cases was retained in the new TPC. absence of mechanisms that would Sentences against torturers were often effectively monitor the implementation of inadequate, with sentences being reduced detention regulations and investigate for a number of reasons – for example, the patterns of abuse by security forces. “good behaviour” of defendants. Individuals Investigations into allegations of torture remained imprisoned or under prosecution and ill-treatment by prosecutors were on evidence alleged to have been extracted rarely adequate and usually resulted in a under torture. decision not to prosecute. The lack of thoroughness of such investigations On 10 November the Court of Appeals brought into question their impartiality. upheld the conviction of police officer Decisions were often based upon medical Mehmet Yutar for involvement in the death examinations of detainees which were of trade unionist Süleyman Yeter, who died themselves insufficient and often carried in police custody as a result of torture in out in the presence of members of the March 1999. The court had reduced his 10- security officials, despite regulations year sentence to four years and two forbidding this. In this context, human months’ imprisonment because of the “good rights groups expressed concern at the lack conduct” of the defendant. According to the of independence of the Forensic Medical Law on the Execution of Sentences, Institute and its monopoly on providing Mehmet Yutar will only have to serve one expertise confirming that torture had year and eight months’ imprisonment. A occurred, since detained persons were third police officer was acquitted on the unable to apply for a doctor for examination grounds of insufficient evidence. Meanwhile, on demand and courts were reluctant to legal proceedings against nine police accept reports from other sources, such as officers on allegations of having tortured doctors at high quality university research Süleyman Yeter and 14 other detainees in and teaching hospitals, as evidence of another incident in 1997 were dropped as torture. they reached the statute of limitations on 11 November. On 30 September another On 2 December, the trial of four police court in Istanbul acquitted police officers on officers for the torture, including sexual charges of torturing three individuals torture, of two high-school students in detained at the Anti-Terror Branch of March 1999 in Iskendurun was postponed Istanbul Police Headquarters in November yet again. The trial was begun in April 2000 1998, on the basis that there was and has been postponed some 30 times. "insufficient evidence". This was despite the The court has been waiting for more than existence of expert, independent medical three years for approval by the Forensic forensic reports that confirmed the Medical Institute of medical and psychiatric detainees' allegations that they had been reports into the allegations of torture. subjected to torture techniques while in Meanwhile one of the students, Fatma detention, including being beaten, Deniz Polattaş, remained in prison for suspended from the arms, and given membership of the PKK on the basis of electric shocks. statements allegedly extracted under this torture.

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AI considered that any new national human On 4 November a delegation led by rights institutions such as, for example, the representatives of the Human Rights proposed Human Rights Ombudsperson and Association (IHD) discovered the remains of Human Rights Commission, should have as several bodies in the district of Kulp in part of their remit the ability to consider Diyarbakir province. They were believed to serious violations by law enforcement have belonged to eleven villagers who had officials, including incidents of torture, ill- been detained by soldiers from the Bolu treatment and disputed killings. Commando Brigade after a raid on their village in 11 October 1993. The European Legacy of the past Court of Human Rights has ruled in this case that the Turkish state was responsible New evidence came to light in relation to for violating the right to life – however, no serious human rights violations perpetrated one has been brought to justice for the by the security forces during the conflict “disappearance”. It is reported that the with the PKK in the 1990s. This included Kulp State Prosecutor informed relatives the discovery of clandestine graves believed and members of the IHD delegation that to belong to individuals extrajudicially killed they should “bring the bones to me” on or “disappeared” by the security forces. being informed about the discovery of the remains. AI considered that such a In September, DNA tests by the Forensic response, together with the repeated failing Institute confirmed that remains of a body of the justice system to bring to justice found in a shallow grave in a remote spot members of the security forces who near Körtük village in Silopi in April 2004 ordered and carried out such violations, belonged to Murat Aslan, who had makes an independent and impartial reportedly “disappeared” after being investigation into these incidents essential. detained by members of security forces in Diyarbakir in 1994. The autopsy stated that Freedom of expression and human he had died as a result of being shot. The rights defenders body had been located after Abdulkadir Aygan, who identified himself as a Peaceful expression of non-violent opinion “confessor” (former members of the PKK continued to be subjected to investigation who worked with the security forces) and and prosecution, although the Court of had been part of the notorious Gendarmerie Appeals and some lower courts issued Intelligence and Anti-Terror Unit (JİTEM), landmark judgements which upheld the gave interviews in the print and broadcast right to freedom of expression. Cases were media in which he gave details about his opened under Article 159 of the Turkish involvement, together with members of the Penal Code (TPC) which criminalizes Turkish security forces, in some 28 “insults” to different state bodies; Article extrajudicial executions and 312/2 of the TPC which criminalizes “disappearances” during the conflict with incitement to enmity and hatred; and the PKK. He had claimed that Murat Aslan Article 7 of the Anti-Terror Law. Many other had been taken from the street and taken laws were used to punish opinion under first to the JİTEM headquarters in various pretexts. In some cases these Diyarbakir and then to those in Silopi, resulted in prison sentences. Very severe where he was tortured, and afterwards fines were handed out under both the old taken to a place near Körtük village where Press Law and its successor to newspapers he had been shot and his body set on fire. and journalists. Politicians were prosecuted Despite Abdulkadir Aygan’s knowledge of for carrying out election campaigning in the location and other factors about the languages other than Turkish. killing, no investigation was apparently opened by the authorities into his Journalist Hakan Albayrak was released allegations of state collusion in gross from prison in Ankara province in human rights violations. November having served six months of a

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15-year prison sentence for being in justification that it was necessary "...to contravention of Law No 5816 on Crimes prevent activities contrary to the unitary perpetrated against Atatürk in an article in structure of the country as a compulsory which he commented on the funeral rites of precaution with the aim of protecting Mustafa Kemal Atatürk, the founder of the national and public security, and protecting Turkish Republic. public order".

On 30 December a court in Ankara Meanwhile, peaceful protests against the continued to hear the case against the court case were obstructed. Police writer Fikret Başkaya for having reportedly used disproportionate force, intentionally “insulted or derided the including beatings and tear gas, to disperse Turkish state” in his book, Against the a demonstration by supporters and Current. He faced a prison sentence of up members of Eğitim Sen in Istanbul on 8 to three years’ imprisonment if convicted. December. Another case was initiated on 27 December at a court in Ankara against the The Special Representative of the UN board of Eğitim Sen for staging an Secretary General on Human Rights unauthorized demonstration against the Defenders visited Turkey between 11 and trial on 13 July. 20 October. She expressed her concerns at the opening of large numbers of cases Violence against women against human rights defenders and recommended that all pending cases be The human rights of hundreds of thousands reprocessed and reviewed. Individuals who of women in Turkey continued to be participated in human rights activities were violated as a result of violence in the family. often subjected to professional sanctions, There were reports of beatings, rape and for example the dismissal or suspension of murder or enforced suicide. State officials academic staff or students from university. failed to take steps to protect women adequately. Investigations into reports of On 10 December, the second trial against family violence were often inadequate and the largest trade union in Turkey, the the perpetrators were rarely brought to Education Worker’s Union (Eğitim Sen) at justice. Ankara Labour Court No. 2 began. The closure of the union was sought because of However, the government did begin to take a statement in its statute that it would work steps to address the problem, including for “…the defence [of the right] of adopting the changes proposed by the individuals to receive education in their women’s movement to the draft of the TPC mother tongue”, which it was claimed was (see above). In response to complaints contrary to Article 42 of the Turkish regarding the extremely small number of Constitution which declares that "No other shelters available to women at risk of language than Turkish may be taught in violence, the government included in the educational and teaching facilities to Law on Municipalities, which passed into Turkish citizens as their mother tongue". In law on 24 December, the requirement that a previous trial opened on the same municipal authorities provide shelters in grounds, the court agreed to close the case towns with populations of more than in a landmark decision which stated that 50,000. In addition, a law passed on 6 such a declaration was guaranteed by the November gave legal status to the rights to freedom of association and Directorate on the Status of Women expression as laid down in the European attached to the Prime Ministry, which, Convention for the Protection of Human although in existence for several years, had Rights and Fundamental Freedoms. been without official legal status. While However, the Court of Appeals overturned these new laws were welcome steps, the this ruling in November in a surprising need for effective and resourced decision which claimed that such rights implementation in co-operation with the could be restricted with the vague women’s movement was key.

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on the human rights situation in Turkmenistan adopted by the UN Commission on Human Rights in 2003 and TURKMENISTAN 2004 had called on the UN special procedures to seek invitations to visit Turkmenistan. International concern about human rights In its new strategy on Turkmenistan adopted in July, the European Bank for Speaking before the Third Committee of the Reconstruction and Development voiced UN General Assembly on 9 November, concern about the “deterioration of the Rashid Meredov, Deputy Prime Minister and situation with regard to the protection of Minister of Foreign Affairs of Turkmenistan, human rights and the rule of law”. urged Member States to vote against a draft resolution on the human rights Continued pressure on religious situation in Turkmenistan that was being minorities debated by the Third Committee. He stated there “were no cases of arrest or conviction Harassment and intimidation of registered on political grounds or for religious beliefs” and unregistered religious minorities and that Turkmenistan had “created continued. In many cases religious guarantees for the realization of personal, gatherings in homes were raided; the political, economic, social and other rights participants were temporarily detained and of its citizens”. often given hefty fines.

However, on 20 December the General Both the Adventist and the Hare Krishna Assembly adopted the resolution on communities were reportedly not allowed to Turkmenistan reiterating concerns raised in meet publicly for worship. These groups as its 2003 resolution as well as in resolutions well as the Baha’i had gained registration adopted by the UN Commission on Human earlier in the year in a move by the Rights in 2003 and 2004. The resolution authorities to avoid being classified as a “express[ed] its grave concern at the “country of particular concern” under the continuing and serious human rights USA’s International Religious Freedom Act. violations occurring in Turkmenistan”. It Such a classification could lead to the USA specifically highlighted “the persistence of a taking steps ranging from diplomatic governmental policy based on the protest to targeted trade sanctions. repression of all political opposition activities, the continuing abuse of the legal On 5 September two female Jehovah’s system through arbitrary detentions and Witnesses – Gulkamar Dzhumaeva and imprisonment of persons who try to Gulsherin Babakulieva – were reportedly exercise their freedoms of expression, held incommunicado overnight at a police assembly and association and continued station in Gagarin district in the town of restrictions on the exercise of the freedoms Turkmenabad to punish them for peacefully of thought, conscience, religion and belief”. exercising their right to freedom of religion. The General Assembly urged the authorities A procuracy official reportedly called to immediately release all prisoners of Gulsherin Babakulieva to his office at conscience and to ensure that public around 11pm and harassed her sexually. organizations including non-governmental When she refused to comply with his organizations could operate without demands he reportedly threatened to rape hindrance. her and then hit her several times. Another man who introduced himself as an By the end of the period under review none investigator was also said to have of the UN’s human rights experts had been threatened her with rape. Reportedly, allowed to visit Turkmenistan, despite another procuracy official who was present requests by many of them. The resolutions

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throughout did not come to her aid but At least one conscientious objector was continued to play a game on the computer. imprisoned during the period under review bringing the number of young men serving Prisoner of conscience Gurbandurdy prison terms for their conscientious Durdykuliev objection to military service to at least three. AI regarded them as prisoners of During the period under review conscience and called for their prompt and Gurbandurdy Durdykuliev remained forcibly unconditional release. confined to psychiatric hospitals to punish him for exercising his right to freedom of Atamurat Suvkhanov, an 18-year-old expression, where he has been held since Jehovah’s Witness, was sentenced to 18 February 2004. He had sent a letter to months’ imprisonment for "evading regular President Niyazov and the Balkan region call-up to active military service" (Article governor in January that year, urging them 219 of the Turkmen Criminal Code) on 17 to authorize a peaceful demonstration and December. He served his sentence in the to refrain from using force against women’s prison colony in the eastern town participants. He had earlier criticized of Seydi. President Niyazov’s policies in interviews with Radio Liberty and had openly spoken Six Jehovah’s Witnesses imprisoned as a about the need for an opposition political result of their conscientious objection to party. AI adopted Gurbandurdy Durdykuliev compulsory military service had been as a prisoner conscience and is calling for released in June. This move was believed to his prompt and unconditional release. be part of measures taken by the authorities of Turkmenistan to avoid being When his wife travelled to the hospital in classified as a "country of particular Garashsyzlyk district in the eastern Lebap concern" by the USA. The Jehovah’s region at the end of October she was not Witnesses Mansur Masharipov and Vepa allowed to meet with him. She had Tuvakov were arrested in May and previously visited him in April. During the sentenced on 28 May and 3 June visit, one doctor, reportedly referring to respectively to 18 months’ imprisonment instructions by the authorities, told her that for refusing military service on religious if she passed on information about her grounds. It is believed that these two men husband’s case to media outlets abroad she were not released along with the other six would not be allowed to visit him again. conscientious objectors because the international community was not aware of Gurbandurdy Durdykuliev was believed to their cases at the time. be in a poor state of health. AI learnt in October that he had a high temperature and was suffering from severe stomach UKRAINE ache. He continued to suffer from the aftermath of a heart attack he had had before his confinement to the psychiatric hospital. Presidential elections

Reportedly, the authorities disconnected his Presidential elections at the end of the year family’s telephone line several times during provoked mass protests against allegations the period under review in an attempt to of widespread ballot rigging, and proved a prevent information from reaching catalyst for calls for reform. The first round international human rights organizations of elections on 31 October produced no and international media. clear winner, leading to a second-round run-off on 21 November between the Imprisoned conscientious objectors government candidate, Viktor Yanukovych, and the leader of the opposition, Viktor Yushchenko. Official results declaring Viktor

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Yanukovych the winner were widely “hooliganism”, but after four hours he was dismissed as fraudulent, and led to mass released and the charges were demonstrations by supporters of both sides subsequently dropped. which virtually paralysed the country until an unprecedented third round – ordered by In November a group of election monitors the Constitutional Court – took place on 26 and members of the public were sentenced December. Viktor Yushchenko was declared in Sumy in north-east Ukraine for the winner and subsequently inaugurated demanding to know the results of as President. The mobilization of large parts presidential elections in their district. A of civil society behind him became known group of people had gathered at a polling as the “Orange Revolution” from the station in Sumy on the night of 31 October campaign colour sported by him and his to ask for the results of the vote count for supporters. the presidential elections to be displayed according to the regulations. According to During the initial stages of the election, reports, election officials refused to post the particularly in the run-up to the first and results and called the police. Ten people second rounds, AI expressed concern at a were charged on that night with number of incidents (see below) which insubordination to the police and were appeared to indicate that the authorities released shortly afterwards. Then on 13 were following a deliberate policy of November police detained all 10 people sentencing opposition activists to short again, and six were sentenced to 10 days' periods of administrative detention to administrative detention. Lawyers and hamper their campaigning. At the outset of families of the accused were not admitted the mass demonstrations, which proved to to the trial and were not told where the be overwhelmingly peaceful, AI had also detainees were taken to serve their urged the Minister of Internal Affairs to sentences. AI was concerned that the six ensure that law enforcement officers fully people had been arbitrarily arrested for respected the rights to freedom of exercising their right to freedom of expression and assembly, and the principle expression. Authorities in Sumy also of the proportionality of force. violated international standards by refusing to admit lawyers and families of the Freedom of expression accused to the trial and by failing to inform them of the detainees' whereabouts. Members of the youth opposition group Pora (It is time) were arbitrarily detained Torture and ill-treatment and harassed during the election period. Aleksander Tsitsenko, for example, was In December the Council of Europe’s detained by masked police on 21 October in Committee for the Prevention of Torture Kirovograd as he was collecting leaflets and and Inhuman or Degrading Treatment or stickers for distribution. He was released Punishment (CPT) published the report of without charge on 25 October. Twenty- its visit to Ukraine in 2002. This report year-old Andriiy Kulibaba was detained on repeated the conclusions of previous ones 20 October in Vinnytsya and sentenced to that “people deprived of their liberty by the 10 days’ administrative detention according police run a significant risk of being to the Code on Administrative physically ill-treated at the time of their Infringements for “intentionally disobeying apprehension or while in custody”. The CPT police orders”. The sentence was later also reported that overcrowding remained a reduced to a fine and he was released on problem, and described conditions in 23 October. Aleksander Pugach, aged 18, temporary holding facilities (known as ITT was detained in Vinnytsya on 21 October from the acronym in Ukrainian) run by the for refusing to give his name to the police, Ministry of the Interior as “intolerable”. but was acquitted of that offence. Minutes later as he stood on the steps of the In October AI expressed concerns at the courthouse, he was detained again for alleged ill-treatment of Beslan Kutarba and

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Revaz Kishikashvili, who had been detained torture (see also AI Index: EUR in August by police officers from the 01/001/2004). Nakhimovsky police station in Sevastopol, on the Crimean peninsula. They were “Disappearance” of Georgiy accused of petty theft and of breaking and Gongadze (update to AI Index: EUR entering, crimes to which they reportedly 01/001/2004) confessed. Their lawyers were concerned that these confessions had been extracted In the period under review there was no under torture. The two men reportedly progress in identifying those responsible for received no medical attention and had the “disappearance” of the investigative limited access to families and lawyers. They journalist Georgiy Gongadze. In August the remained in the ITT in Sevastopol at the Prosecutor General’s office admitted that end of the year, but one of the men’s the allegedly leaked documents that had lawyers reported that as a result of been published on a website and in the UK- interventions from AI their conditions had based newspaper The Independent in June improved and they were no longer being ill- were in fact genuine. The documents had treated. The local Procurator and the office allegedly been leaked by officials who were of the Ministry of the Interior in Sevastopol concerned that the Prosecutor General have replied to the office of the Ukrainian might try to destroy them in an attempt to Parliament Commissioner for Human Rights cover up the involvement of officials in the and to local human rights groups denying murder. The documents consisted of key the allegations. witness statements and forensic reports. At the end of the year an investigation was On 28 July, 10 young members of a ongoing into how the documents had been revolutionary communist group who had leaked. In September the Ministry of Justice been arrested in December 2002 were announced that tape recordings which had found guilty of involvement in an attempted been made public in late 2000 and allegedly coup, banditry and attempted murder and incriminated government officials, including sentenced to between six and 14 years’ President Leonid Kuchma, in the imprisonment. The defendants alleged that “disappearance” were forgeries. they were tortured during the criminal investigation. One member of the group, a 17-year-old girl, was reportedly beaten and raped in detention. An 11th member of the UNITED KINGDOM group died in suspicious circumstances in November 2003. A medical certificate issued by a forensic specialist at the Internment in the UK (Update to AI hospital where Sergey Berdyugin died Index: EUR 01/005/2004) concluded that he had sustained internal abdominal injuries including a ruptured liver, In the reporting period, AI continued to be and a haematoma behind the intestinal concerned about serious human rights membrane, injuries that would be violations that have taken place in the UK in consistent with having been beaten. the context of the UK authorities’ response However, this report was overturned by a to the 11 September 2001 attacks in the forensic commission which came to the USA. conclusion that Sergey Berdyugin died of a cancerous tumour that spread to his liver By the end of December, 11 foreign and spleen. The Commission allegedly came nationals continued to be interned under to this conclusion without examining the the Anti-terrorism, Crime and Security Act body. A criminal case was opened on 22 2001 (ATCSA) – legislation adopted in November 2003 by the Odessa Procuracy December 2001. Most had been detained and was closed in February 2004 having for more than three years in high-security found no evidence of ill-treatment or facilities under severely restricted regimes.

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They were detained in two high security report highlighted the impact that detention prisons (Belmarsh and Woodhill) and a high under the ATCSA had had on eight security mental hospital (Broadmoor). A detainees and three of their spouses: twelfth person, an Algerian former torture progressive deterioration in the mental victim, known only as “G”, continued to be health of all those detainees and their held under strict bail conditions amounting families was observed. The report to house arrest. concluded that such damage was inevitable under a regime which consisted of indefinite In July an AI delegate observed the judicial detention. It described how “their detention proceedings before the Court of Appeal of has had major adverse consequences for England and Wales brought by eight their mental health” and “a severe adverse individuals against the confirmation of their impact on the mental health of all detainees certification, as “suspected international and the spouses interviewed. All are terrorist” under the ATCSA, handed down clinically depressed and a number are by the Special Immigration Appeals suffering from PTSD [post-traumatic stress Commission (SIAC) in October 2003. One of disorder]. The indefinite nature of detention the main planks of these appeals was the is a major factor in their deterioration.” admissibility of, and reliance on, evidence These conclusions were based on a series of extracted under torture in the proceedings reports originally commissioned for legal before the SIAC. purposes from the doctors over two-and-a- half years by the internees’ solicitors. On 11 August the Court handed down judgment dismissing all grounds of appeal, Also in October, an AI delegate monitored including by ruling that “evidence” obtained proceedings before the SIAC concerning a by torture of a third party would be review of the bail arrangements imposed on inadmissible only if it had been directly the internee legally known as “G”, who had procured by UK agents or if they had been released on bail under very strict connived in its procurement. Otherwise, conditions amounting to “house arrest” in "evidence" obtained through torture would April 2004. At the end of the hearing, the be admissible and could be relied upon. An SIAC relaxed some of the bail conditions. In appeal against this judgment was set to be December the application of Mahmoud Abu heard in 2005 by the Appellate Committee Rideh, a Palestinian refugee and torture of the House of Lords. victim, to be released on bail from detention under the ATCSA was adjourned AI strongly criticized the judgment (see AI indefinitely. At the end of 2004, he Index: EUR 45/019/2004), expressing continued to be held in a high-security concern that it effectively encouraged psychiatric hospital. torture at the hands of agents of foreign states. Law Lords’ judgment

Reliance on such "evidence" by the In October AI delegates observed the authorities, and its admission by the courts, proceedings before a panel of nine Law undermine the rule of law and the very Lords (the Appellate Committee of the prohibition of torture. AI was concerned House of Lords) in the case of A & others v that the Court of Appeal had shamefully Secretary of State for the Home Dept. The abdicated its duty to uphold human rights case concerned the powers of the Home and the rule of law. Secretary to certify – and subsequently indefinitely detain without charge or trial – On 13 October an AI delegate attended the non-deportable foreign nationals as launch of a report compiled by 11 "suspected international terrorists" and Consultant Psychiatrists and one Consultant "national security risks" under the ATCSA. Clinical Psychologist about the serious damage to the health of eight of the Given the paramount importance of this internees detained under the ATCSA. The case to human rights protection in the UK,

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AI took the extremely rare decision of and AI Index: EUR 45/033/2004). Noting lodging written submissions (an amicus that the Law Lords had not come to any curiae brief) with the House of Lords (see conclusion as to the admissibility of AI Index: EUR 45/027/2004). An amicus evidence obtained through torture in SIAC curiae brief was also lodged by Liberty – a proceedings, AI also continued to urge the domestic human rights organization –which UK authorities to comply fully with the was also granted permission to make oral international prohibition of torture, submissions. including the use of “evidence” obtained through torture or other ill-treatment, in In its amicus curiae brief, AI invited the any proceedings, including judicial ones, nine Law Lords hearing this appeal to find except against a person accused of torture. that indefinite detention under Part 4 of the ATCSA was of a criminal nature: that it, as However, immediately following the Law such, violated the most fundamental fair Lords’ judgment, in a statement to the UK trial rights guaranteed in international Parliament, the newly appointed Home standards, including treaty provisions by Secretary stated, amongst other things, which the UK is bound. In addition, AI that “[t]he Part 4 provisions [of the ATCSA] argued that the admissibility of, and will remain in force until Parliament agrees reliance on, evidence obtained as a result of the future of the law. Accordingly I will not torture or other ill-treatment (of a third be revoking the certificates or releasing the party) in proceedings before the SIAC was detainees…I will be asking Parliament to in violation of the UK's obligations under renew this legislation in the new year but in international law. the meantime we will be studying the judgment carefully to see whether it is On 16 December, the nine Law Lords ruled possible to modify our legislation to address in an eight-to-one judgment that a key the concerns raised by the House of Lords.” provision (i.e. section 23) of the ATCSA was unlawful. The Law Lords declared that these UK’s fourth periodic report examined powers were discriminatory and by the Committee against Torture disproportionate, and therefore incompatible with human rights law. The On 17 and 18 November the Committee Law Lords ruled that the powers of against Torture (CAT) examined the UK's indefinite detention without charge or trial fourth periodic report on the measures contained in the ATCSA were unlawful, taken to implement the provisions of the given their discriminatory nature. The Convention against Torture and Other Cruel, judges declared that these powers were Inhuman or Degrading Treatment or incompatible with the appellants' rights Punishment (Convention against Torture). under the European Convention on Human An AI delegate attended the session and Rights (ECHR), specifically the right to participated in briefing CAT members liberty and security of person and the right together with other non-governmental to be free from discrimination. As the Law organizations. AI had prepared a written Lords made clear, they did not, in giving briefing which had been made available to this judgment, have powers either to free CAT members and to the UK authorities in those detained or strike down the advance of the session (see AI Index: EUR legislation. It was for the executive and 45/029/2004). The briefing outlined AI's parliament to consider the Law Lords' concerns on some of the serious human judgment and to take remedial action. rights violations that have taken place in the context of the UK authorities' response In the immediate aftermath of the to the 11 September 2001 attacks in the judgment, AI urged the UK authorities to USA. AI's briefing also outlined concerns repeal this legislation and to release all about army deaths in disputed detainees immediately unless they were circumstances, child soldiers, violence charged with a recognizably criminal against women, the treatment of asylum- offence (see AI Index: EUR 45/032/2004

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seekers and refugees, the UK role in Iraq, Guantánamo Bay to conduct interrogations and the UK authorities’ duplicitous role in and to extract information to use in the detention, without any legal basis, of proceedings under the ATCSA. UK residents and nationals – and possibly others – at Guantánamo Bay, Cuba, in US In June, the UK authorities for the first time custody (see below). admitted that a number of the “detainees questioned by UK intelligence personnel On 26 November 2004, following its have complained about their treatment in examination of the UK's report, the CAT detention. All complaints made by issued its Conclusions and detainees interviewed by British Intelligence Recommendations. The CAT expressed officers were passed onto the US authorities, concern that UK domestic legislation had who are responsible for the treatment of been "interpreted to exclude the use of those detained in Guantánamo Bay.” In evidence extracted by torture only where subsequent parliamentary exchanges, the the State party’s officials were complicit". authorities refused to provide any further With respect to this, the Committee detail about these complaints. recommended that the UK authorities should not "rely on or present in any In August Shafiq Rasul, Asif Iqbal and proceeding evidence where there is Rhuhel Ahmed – who had been transferred knowledge or belief that it has been back to the UK in March 2004, together obtained by torture". The CAT also with Tarek Dergoul – released through their recommended that the UK authorities London-based solicitor a detailed report should "provide for a means whereby an providing a graphic first-hand account of individual can challenge the legality of any their treatment at Guantánamo Bay. In this evidence in any proceeding plausibly report they alleged that UK officials had suspected of having been obtained by threatened that they would be sent to a torture". In addition, the CAT expressed maximum security prison in the UK. Rhuhel concern about: potentially indefinite Ahmed alleged that while he was being detention under the ATCSA; the strict interrogated by a UK officer “one of the U.S. detention regime under which some soldiers had a gun to his head and he was internees were held at Belmarsh prison; told that if he moved they would shoot him”. and "reports of incidents of bullying followed by self-harm and suicide in the Also in August, Tarek Dergoul’s lawyer armed forces, and the need for full public made available to AI a witness statement inquiry into these incidents and adequate from her client. In it Tarek Dergoul alleged preventive measures". In respect of the that he had been interrogated by two UK conduct of UK army personnel in Iraq, the officials while being held in US custody in CAT reminded the UK authorities that "the Afghanistan. “The British interrogators also Convention protections extend to all interrogated me with a soldier in a corner territories under the jurisdiction of a State with a gun. They saw that I was shaking party and considers that this principle and shivering and what a bad state I was in includes all areas under the de facto medically. However, they did nothing for effective control of the State party's me. They just asked me all the standard authorities". questions and then left.” In his statement Tarek Dergoul also referred to his Guantánamo Bay interrogations at Guantánamo Bay: “British interrogators also came and showed me an The UK authorities continued to play a article from a newspaper about British duplicitous role in the detention, without citizens being sent to Cuba. I told the any legal basis, of UK residents and British interrogators on at least five nationals at Guantánamo Bay, Cuba, in US occasions every detail of what was going on custody. UK intelligence officers had taken in Guantánamo Bay, including the advantage of the legal limbo and the beatings.” coercive detention conditions at

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In November, upon its examination of the death). The families of six victims UK’s report, the CAT recommended that the challenged the UK government’s decision UK government “should ensure that the not to hold an independent inquiry into the conduct of its officials, including those deaths. The claimants asserted that the UK attending interrogations at any overseas Ministry of Defence had refused to carry out facility, is strictly in conformity with the an investigation/inquiry as required by the requirements of the Convention [against ECHR and the Human Rights Act 1998 Torture] and that any breaches of the (HRA). In five cases, the claims were made Convention that it becomes aware of should under Article 2 (enshrining the right to life) be investigated promptly and impartially, of the ECHR. A sixth case, concerning the and if necessary the State party should file death in UK custody of Baha Dawood Salem criminal proceedings in an appropriate al-Maliki (Baha Mousa), entailed a claim jurisdiction”. under both Articles 2 and 3 (enshrining the prohibition of torture or other ill-treatment) At the end of 2004, four UK nationals and of the ECHR. Baha Mousa was among eight at least five UK residents remained in US Iraqi hotel workers arrested and reportedly custody at Guantánamo Bay. These beaten in September 2003 by UK soldiers in included Bisher al-Rawi, an Iraqi national Basra, Iraq. Three days later Baha Mousa’s legally resident in the UK, and Jamil Al- father was handed his son’s body, severely Banna, a Jordanian national with refugee bruised and covered in blood. Another status in the UK. The UK authorities may detainee, Kefah Taha, was admitted to have played some part in their unlawful hospital in a critical condition. rendering to US custody, and refused to make representations on their behalf to the The Ministry of Defence claimed that US authorities. neither the ECHR nor the HRA was applicable to Iraq at the time of the deaths, UK armed forces in Iraq because Iraq was outside Europe and was not a party to the ECHR. There were allegations of unlawful killings, torture, ill-treatment and other violations of In its Conclusions and Recommendations international human rights and upon its examination of the UK’s report, the humanitarian law by UK forces at the time CAT expressed concern at "the State party’s when the UK was recognized as an limited acceptance of the applicability of the occupying power in Iraq. The UK authorities Convention [against Torture] to the actions tried to circumvent domestic and of its forces abroad, in particular its international human rights obligations by explanation that ‘those parts of the asserting that human rights law did not Convention which are applicable only in bind UK armed forces in Iraq. AI urged the respect of territory under the jurisdiction of authorities to establish a civilian-led a State party cannot be applicable in mechanism to investigate all allegations of relation to actions of the United Kingdom in serious violations of human rights and Afghanistan and Iraq’". In this connection, humanitarian law by UK armed forces. the CAT noted that "the Convention protections extend to all territories under In July an AI delegate observed part of the the jurisdiction of a State party and proceedings before the High Court of considers that this principle includes all England and Wales concerning the deaths areas under the de facto effective control of of some six Iraqi civilians killed at the the State party’s authorities". hands of, or in the custody of, UK troops in Iraq at the time when the UK was In light of its concerns, the CAT recognized as an occupying power in the recommended that the UK authorities country. The deaths were said to have "should make public the result of all occurred in the course of UK operations investigations into alleged conduct by its such as policing, patrolling, arrest and forces in Iraq and Afghanistan, particularly detention (e.g. see below, Baha Mousa’s those that reveal possible actions in breach

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of the Convention [against Torture], and circumstances every other day” in prison. It provide for independent review of the expressed deep concern at the number of conclusions where appropriate". people dying in custody and at the rate of self-harm incidents, especially among In November the Ministry of Defence wrote women. to AI informing the organization that it was conducting a "policy review on the Official statistics released at the end of the restriction of vision during arrest and year showed that there were more than transit", which AI understood to mean the 100 self-inflicted deaths in prisons during practice of hooding of detainees. AI had 2004. Fourteen or 15 were women. opposed such practice carried out on Although women comprised only 5 to 6 per detainees by UK army personnel in Iraq. cent of the prison population, they accounted for 13 to 15 per cent of self- In December the High Court of England and inflicted deaths. Wales ruled in the above-mentioned case concerning the deaths of six Iraqi civilians, Death in police custody including Baha Mousa, in Iraq. The High Court found in favour of Baha Mousa's In November the verdict of unlawful killing family, holding that both the ECHR and the returned by a jury in October 2003 HRA applied and that inquiries conducted so following the inquest into the death of far into his death had not satisfied the Roger Sylvester in January 1999 was requirements of the ECHR. However, AI quashed (see AI Index: EUR 01/001/2004). considered disturbing the High Court's finding in relation to the other five cases. Police shootings Although the UK had at the relevant time effective control over the Iraqi territory in In October an inquest jury returned an which the deaths took place, the High Court unlawful killing verdict following a second held that neither the ECHR nor the HRA inquest into the 1999 fatal police shooting were applicable. AI expressed the view that of Harry Stanley. Although the prosecuting such ruling was inconsistent with the UK's authorities were still considering whether to obligations under international law. charge the officers involved, in December they were allowed to return to work on Prisons “non-operational duties”(see AI Index: EUR 01/016/2003). In November a public inquiry opened into the killing of Zahid Mubarek by his cellmate, In December an inquest jury returned a a known racist, at Feltham Young Offenders lawful killing verdict following an inquest Institution in March 2000. into the fatal police shooting of Derek Bennett in 2001(see AI Index: EUR In December the parliamentary Joint 01/016/2003). Committee on Human Rights found that more people than ever were held in custody, Army deaths in disputed and for longer periods. It found that many circumstances of them should not have been there, in particular the mentally ill. It expressed In November the CAT expressed concern concern about overcrowding, unsatisfactory about “reports of incidents of bullying detention conditions and the extreme followed by self-harm and suicide in the paucity of prosecutions of police and prison armed forces, and the need for full public officers involved in custodial deaths. It inquiry into these incidents and adequate concluded that the authorities were failing preventive measures” (see AI Index: EUR “properly to protect the lives of vulnerable 01/005/2004). people in the state’s care”. It found that “someone is either killed, kills themselves or dies in otherwise questionable

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In December, the authorities appointed a year-old Catholic man, and the 1997 killing human rights lawyer to review four deaths of Billy Wright, a leading Loyalist of young soldiers at Deepcut Barracks paramilitary, shot dead in the Maze prison. (update to AI Index: EUR 01/005/2004). The letter also reiterated AI’s outstanding concerns in relation to the killing of human Freedom of expression (update to AI rights lawyer Patrick Finucane in 1989, in Index EUR 01/005/2004) particular, the failure of the UK authorities to commit themselves to establishing an In December the Court of Appeal of inquiry. AI also urged the authorities to England and Wales upheld judgment in a ensure that the inquiries into the killings of case concerning three coachloads of anti- Rosemary Nelson, Robert Hamill and Billy war protesters who were stopped from Wright be established at the earliest reaching the Royal Air Force base at opportunity; that each public inquiry be Fairford – used by US B52 bombers to fly to charged with pursuing the accountability of Iraq – and forcibly returned to London in all those responsible; that the UK March 2003. The court found that detaining authorities commit themselves to the Jane Laporte to forcibly return her to implementation of any recommendation London was unlawful and violated her right which the public inquiries may make, and to liberty under the ECHR. However, AI that enlisting the support and co-operation expressed concern about the chilling effect of the families concerned, and the on the rights to freedom of assembly, confidence of the general public, be central peaceful protest and expression, as the to the inquiries and their establishment. Court of Appeal upheld the lower court’s ruling that preventing the coaches from In September an AI delegate observed part reaching Fairford was lawful, and that, as a of the criminal trial of Kenneth Barrett, a result, the police had not violated Jane former loyalist paramilitary, who had been Laporte’s right to freedom of peaceful charged with, inter alia, the 1989 murder of assembly and expression. Patrick Finucane. Kenneth Barrett pleaded guilty to 12 counts, including the murder of Refugees and asylum-seekers Patrick Finucane. This meant that no significant information about alleged state Legislation further restricted the right to collusion in the killings of Patrick Finucane appeal against a refusal to grant asylum, or about the alleged subsequent cover-up replacing the two-tier immigration appeals emerged in court. Kenneth Barrett was system with a single tier. The authorities’ convicted of and sentenced for the murder initial decision-making on asylum claims of Patrick Finucane (and other offences). was frequently inadequate. Restrictions on For the murder he received a mandatory public funds for immigration and asylum life sentence, of which a tariff was set at 22 work left many asylum applicants without years, to be served concurrently with the expert legal advice and representation. terms of imprisonment imposed for the other offences of which he was convicted. Northern Ireland However, he was likely to qualify for the early release scheme operated under the In July AI wrote to the authorities to Good Friday Agreement under which he express concern about some aspects of the would be freed shortly. statement made to Parliament on 8 July by the Northern Ireland Secretary of State In the aftermath of Kenneth Barrett's concerning the "Guiding Principles" in conviction for the murder of Patrick relation to the soon-to-be-established Finucane, AI, together with British Irish public inquiries into the allegations of state Rights Watch, the Committee on the collusion into the killing of human rights Administration of Justice and Human Rights lawyer Rosemary Nelson in 1999; the 1997 First (formerly the Lawyers Committee for sectarian killing of Robert Hamill, a 25- Human Rights) called for the immediate

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announcement of a public independent Belfast. According to the Police Service of inquiry into the killing of Patrick Finucane). Northern Ireland the number of racist and homophobic incidents recorded had more Shortly after the Barrett trial, the UK than doubled from 226 and 35 respectively authorities finally announced an inquiry into in 2002/03, to 453 and 71 in 2003/04. In the murder of Patrick Finucane. However, December, however, the authorities the authorities further delayed the reported that the rate of increase in racist establishment of an inquiry into the killing attacks was slowing down. by asserting that the inquiry would need to take place under new legislation which would take into account “the requirements of national security”. In this connection, AI UZBEKISTAN expressed concern that the authorities’ announcement failed to state that the inquiry would be a public one. The Human Rights Defenders organisation also articulated its suspicion that the authorities were using “national The case of Ruslan Sharipov (update to security” as a way to curtail the future AI Index: EUR 01/016/2003, EUR inquiry’s ability to shed light on state 01/001/2004 and EUR 01/005/2004) collusion in the killing of Patrick Finucane, as well as on allegations that his murder Ruslan Sharipov, a 26-year-old was the result of an official policy, and that correspondent for the Russian news agency different government authorities played a PRIMA and Chairman of the unregistered part in the subsequent cover-up of collusion human rights organization Grazhdanskoe in his killing. sodeistvie (Civic Assistance), who was convicted on charges of homosexuality and In September, AI co-signed, with British having sex with minors in August 2003 and Irish Rights Watch and the Committee on sentenced to five-and-a-half years’ the Administration of Justice, a letter to imprisonment was granted political asylum Prime Minister Tony Blair about the in the USA in October. In an open letter he announced judicial public inquiries into the explained that he fled Uzbekistan in June killings of Rosemary Nelson, Billy Wright with the tacit agreement of the Uzbek and Robert Hamill. Among other things, the authorities during his transfer from letter urged Tony Blair to ensure that at Tashkent to Bukhara. He claimed that he least one member of each Tribunal be a was given the choice between leaving the non-UK national. At the end of the year, country or being sent back to prison. those public enquiries had not yet commenced. “Terrorism”-related arrests and trials (update to AI Index: EUR Abuses by non-state actors 01/005/2004)

Despite a significant decrease, high levels A series of suicide bombings against the US of paramilitary violence continued, and Israeli embassies as well as the State particularly by Loyalist groups. Three prosecutor’s office killed four people and killings were attributed to members of injured at least nine others in the capital Loyalist groups and one to Republicans Tashkent on 30 July. These followed a during 2004. There were on average two series of explosions and attacks on police shootings and two to three assault victims checkpoints that took place in Tashkent and every week. the city of Bukhara between 28 March and 1 April, which left over 40 people - mostly The Independent Monitoring Commission police officers and alleged attackers - dead. reported that members of Loyalist Uzbek authorities blamed the violence on paramilitary organizations were responsible “Islamic extremists” including the banned for a series of violent racist attacks in

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armed Islamic Movement of Uzbekistan published a letter on the same day (IMU) and the Islamic opposition party declaring all 15 defendants guilty as Hizb-ut-Tahrir, whom they accused of charged, thereby denying them intending to destabilize the country. Hizb- presumption of innocence. Attendance at ut-Tahrir denied involvement in any of the the trial was by prior arrangement only. As violence. the majority of the defendants’ relatives reportedly had not been informed of the On 9 April the General Prosecutor start date of the trial, they were announced that over 700 people had been consequently not allowed into the questioned in connection with the March- courtroom. According to independent April violence and that 54 suspects had observers, evidence used to convict the been arrested, of whom 45 had been defendants was based solely on their charged with terrorism, including 15 women. confessions and was not cross-examined in He also blamed the bombings on a court. Although the defendants in this first previously unknown Islamist group called trial did not raise torture allegations in Zhamoat (society). Eighty people, including court, pleaded guilty and asked for 17 women, were detained in connection forgiveness, this was not the case in most with the July bombings. However, human subsequent trials, where those accused of rights organizations continued to report terrorism refused to plead guilty or sweeping arbitrary detentions, throughout retracted their confessions in court, the country, of men and women said to be claiming that they had been extracted either devout Muslims or their relatives. under duress. Most of the over one hundred defendants had not been granted adequate The authorities also linked the attacks to access to a lawyer in pre-trial detention and Uzbekistan’s participation in the US-led several, including women, had been held “war on terror”and claimed that members incommunicado for a period of time. All of Hizb-ut-Tahrir and Zhamoat had were presumed guilty before the start of undergone training in neighbouring their trials and the majority reportedly were Kazakstan and in al-Qa’ida camps in not offered adequate defence. Waziristan, Pakistan. A special commission headed by President Karimov himself was Trial and sentence of Nilufar Khaidarova overseeing the investigations into the (update to AI Index: EUR 01/005/2004) violence. In November the National Security Committee of Kazakstan announced that it Nilufar Khaidarova, 26, went on trial in had arrested nine Kazak and four Uzbek Tashkent on 6 September as part of a nationals in connection with the violence in second group of 15 people, including seven March and April and the three suicide other women, accused of participation in bombings in July. Four Kazak women the March-April violence. Along with most reportedly trained as suicide bombers were of the defendants, she pleaded not guilty to also detained. All detainees were described all the charges. She stated in court that as members of a previously unknown during a recess of the trial she had been organization, the Mujahedin of Central Asia, visited in the investigation-isolation prison a terrorist group reportedly with links to the (SIZO) in Tashkent by officers of the IMU and al-Qa’ida. Ministry of Internal Affairs (MVD) who threatened her with violence if she On 26 July a first group of 15 defendants disclosed that she had been beaten and ill- went on trial at the Supreme Court in treated while held incommunicado in pre- Tashkent charged with anti-state offences, trial detention in April. The court, however, terrorism and membership of illegal did not investigate any of the allegations of religious groups in relation to the March- torture and ill-treatment and found all of April violence. Although President Karimov the defendants guilty. In October Nilufar had pledged that the “terrorism” trials Khaidarova was sentenced to six years’ would be open and conform to international imprisonment. In November her sentence fair trial standards, the Procurator General

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was reduced on appeal to four years. to have participated in the March-April Concerns about her health and access to attacks had been Arabic language students appropriate medical care were continuing, at the Egyptian Cultural Centre. despite assurances by the authorities that she was receiving adequate medical care. Abductions of imam Mannopzhon Rakhmatullaev and Ruvazhdin AI was concerned at allegations that Nilufar Rakhmanov Khaidarova had been detained because her two brothers and husband, all devout Uzbek national Mannopzhon Rakhmatullaev Muslims, were serving long prison was abducted from his house in the town of sentences for “anti-state” activities and Marx in the Russian Federation, where he membership of banned religious had worked as an imam at the mosque, on organizations. 21 July. It was feared that the men who abducted him were working on the “Disappearances” instructions of the Uzbek authorities and that he could have been returned to In the wake of the March-April violence and Uzbekistan and held in incommunicado the July suicide bombings several devout detention, where he would be at risk of Muslim men reportedly “disappeared” in torture. Tashkent. Relatives and unofficial sources feared that they had been arrested because Mannopzhon Rakhmatullaev, who had lived of their religious beliefs, their education, in the Russian Federation since 1995, was their affiliations with particular institutions first detained in October 2002 after the or their family connections. In relation to Uzbek authorities requested his extradition. the latter, for example, one of those The Uzbek authorities accused him of allegedly “disappeared” was Husniddin "religious extremism" and "attempting to Nazarov, the eldest son of independent overthrow the constitutional order of imam (Islamic leader) Nazarov, whom the Uzbekistan", as well as possession of Uzbek authorities have accused of wanting firearms. His supporters insisted the to establish an Islamist state in Uzbekistan. accusations were groundless and that the By the end of the year relatives had been case was politically motivated. He was unable to establish the whereabouts of the released a year later, in October 2003, after “disappeared”. the Russian authorities refused to hand him over to their Uzbek counterparts. He “Disappearance” of Farukh Khaidarov applied for Russian citizenship, but a decision had not yet been taken on this at Farukh Khaidarov, 31, an Arabic language the time of his abduction. specialist who had attended university in Saudi Arabia on an Uzbek government In the morning of 21 July three masked grant and who taught Arabic language at men arrived at Mannopzhon the Egyptian Cultural Centre in Tashkent Rakhmatullaev’s house in a white car. They reportedly “disappeared” on 25 June after reportedly hit him and his wife several he dropped his son and his father off in times and pushed him into their car without town. He failed to return to pick them up as saying who they were, or where they were agreed. Law enforcement officials told his taking him. When his lawyer made inquiries wife that he had fled the country and in later that day, the regional authorities said August she received a letter postmarked in they had not received a fresh extradition Afghanistan purporting to be from Farukh request from the Uzbek authorities. Khaidarov in which he allegedly claimed to have joined the IMU. However, there was According to the director of the Central Asia concern that the letter was fabricated in department of the Moscow-based human order to implicate him in the March-April rights organization Memorial there was a violence. Two of the young women alleged real danger that he could be taken to

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Uzbekistan; Mannopzhon Rakhmatullaev’s abolition of the death penalty would be son-in-law Ruvazhdin Rakhmanov had been premature stating that the large majority of abducted in Russia in 2003 and reportedly the population in Uzbekistan was in favour tried in Uzbekistan in January 2004. He had of the death penalty. “We need to work on been living in the Russian Federation and public opinion and we need to work with the was detained in May 2003 after the Uzbek population in order to … give up handing authorities sought to extradite him for down the death sentence.” "religious extremism". The Russian authorities refused to extradite him. On the AI believes that governments should lead day of his release in July 2003 he public opinion in matters of human rights "disappeared" and was later found to be in and criminal policy. Historically it has the custody of the National Security almost always been the case that the death Service’s Andizhan Regional Department in penalty has been abolished by governments Uzbekistan. even though the majority of the public favoured its retention. In addition, it is Death penalty important to recall that the Uzbek authorities have on many occasions taken Death sentences continued to be passed measures to prevent an informed debate within a criminal justice system seriously about the death penalty, for example, when flawed by widespread corruption and the stopping an NGO-organized conference on failure of courts to investigate allegations of the death penalty in December 2003 from torture. Relatives and death row prisoners taking place (see AI Index: EUR themselves continued not to be informed of 01/001/2004). Moreover, in Uzbekistan the date of execution in advance. The anti-death penalty activists have been location of the burial sites of executed harassed and intimidated on many prisoners remained secret, subjecting occasions. In addition, the authorities have relatives to cruel and inhuman treatment. withheld vital information about the Prison conditions on death row continued to application of the death penalty in the fall far short of international standards. country, an important factor to enable an There were allegations that death row informed public debate. prisoners were regularly beaten and not allowed any outdoor exercise. Harassment and intimidation of anti- death penalty activists In violation of Uzbekistan’s international obligations, comprehensive statistics on the Anti-death penalty activists and their numbers of death sentences and executions relatives continued to be harassed and remained secret. According to a statement intimidated by the authorities. by President Islam Karimov on 2 December, between 50 and 60 people were sentenced At 6am on 29 September an investigator to death that year. from Mirobad district procuracy in Tashkent came to the house of the mother of Tamara President Islam Karimov on the death Chikunova, director of the human rights penalty group Mothers against the Death Penalty and Torture. The investigator told the 78- At a press conference on 2 December year-old woman, who is confined to her bed, President Karimov stated that, according to that he had an arrest warrant for her his “personal opinion … we should stop daughter on accusations that she had handing down death sentences”. He carried out pickets which led to unrest in dismissed the introduction of a moratorium the Ferghana valley and in Tashkent. There as “just a game” pointing out that “one were strong indications that the authorities should issue not a moratorium but a targeted her mother to put pressure on decision on abolishing the death penalty”. Tamara Chikunova, who was in the However, he added that in his view the Netherlands at the time on a lobbying tour

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organized by AI in co-operation with other non-governmental organizations. By failing to consistently adhere to its commitments as a party to the Optional On 21 December Erkin Khudoberganov, the Protocol, Uzbekistan continued to deprive father of anti-death penalty activist Dilobar its citizens of this crucial mechanism to Khudoberganova, received a phone call seek redress in cases where a death row from a man who introduced himself as a prisoner has allegedly fallen victim to the “National Security Service official”. He said flaws of Uzbekistan’s criminal justice that Dilobar Khudoberganova “talks too system. The execution of Azizbek Karimov much” and warned that Erkin brought the number of death row prisoners Khudoberganov should “think about the executed despite interventions by the (UN) consequences her activities could have for Human Rights Committee to at least 14. his family”. The caller specifically criticized Dilobar Khudoberganova for giving Azizbek Karimov was sentenced to death by interviews to the BBC and Radio Liberty, the Supreme Court in February 2004 on which, he said, the National Security charges including “terrorism” and setting up Service had recorded, and for raising or participating in a religious extremist human rights issues on the lobbying tour in organization. His family was reportedly not European countries that took place from permitted to see him for several months September to December (see above). after his arrest. It was also alleged that he was tortured and ill-treated while kept in Executed despite intervention by UN the detention facilities of the Security Human Rights Committee (update to AI Service in Tashkent. Index: EUR 01/005/2004)

In August Azizbek Karimov was executed in secret despite an intervention by the UN Human Rights Committee on 3 June urging the Uzbek authorities to stay his execution while the Committee was considering allegations that his arrest and sentencing violated key principles of international law.

On becoming a party to the first Optional Protocol (Optional Protocol) to the International Covenant on Civil and Political Rights, Uzbekistan recognized the competence of the (UN) Human Rights Committee to consider communications from individuals subject to Uzbekistan’s jurisdiction who claimed to be victims of violations of rights set out in the Covenant. In November Tukhtapulat Riskiyev, the Ambassador of Uzbekistan to the United Kingdom, informed AI that taking into account the “seriousness of crimes [committed by Azizbek Karimov the] Court decided [to] implement [the] death penalty”. The execution of a death row prisoner, while the (UN) Human Rights Committee is considering the case, is a grave breach by a State party of its obligations under the Optional Protocol.

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