Ending the Torture Trade: the Path to Global Controls On
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Facilitating Peaceful Protests
ACADEMY BRIEFING No. 5 Facilitating Peaceful Protests January 2014 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700866-3-5 © Geneva Academy of International Humanitarian Law and Human Rights, January 2014. Acknowledgements This Academy Briefing was written by Milena Costas Trascasas, Research Fellow, and Stuart Casey-Maslen, Head of Research, at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Academy would like to thank all those who commented on an earlier draft of this briefing, in particular Anja Bienart and Brian Wood of Amnesty International, and Neil Corney of Omega Research Foundation. The Geneva Academy would also like to thank the Swiss Federal Department of Foreign Affairs (DFAE) for its support to the Academy’s work on facilitating peaceful protests, especially the Human Security Division for its funding of the publication of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This Academy Briefing is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, a draft of this Briefing. The designation of states or territories does not imply any judgement by the Geneva Academy, the DFAE, or any other body or individual, regarding the legal status of such states or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them. -
Street Speech Update Protests
Know Your Rights Guide: Protests This guide covers the legal protections you have while protesting or otherwise exercising your free speech rights in public places. Although some of the legal principles are firmly established, as with many areas of law, free speech law is complex and continually developing. Generally speaking, you are free to exercise your right to protest, but the government may impose restrictions if you are infringing on the rights or safety of others. Where, when, and how can I protest? Can the government restrict where, when, and how protests may take place? Yes. The government may impose reasonable restrictions on the time, place and manner of speech, but these restrictions cannot be based on the content of the speech. For example, speech may be restricted if it is exceedingly loud in a residential area at 2am. On the other hand, the government may not disallow a protest because it has an anti-war message. Speech at certain “sensitive areas,” such as health care facilities, abortion clinics, military bases, and airport terminals, may also be subject to reasonable time, place, and manner restrictions. For example, near health care facilities, there can be rules about not blocking entrances and not making too much noise. Can protesters march in the street? Yes, but… many cities require permits if a march will block traffic; the rules for obtaining permits and enforcement of permit requirements vary by jurisdiction. If you march without a permit and block traffic while refusing an order from police to get out of the street, you could be arrested or detained. -
Commentary to the Declaration on Human Rights Defenders
Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms المقررة الخاصة المعىية بحالة المدافعيه عه حقوق اﻹوسان، 联合国人权维护者处境问题特别报告员 UN Special Rapporteur on the situation of human rights defenders Rapporteuse spéciale sur la situation des défenseurs des droits de l’homme Специальный докладчик по вопросу о положении правозащитников Relatora Especial sobre la situación de los defensores de los derechos humanos July 2011 2 Commentary to the Historical background In the year 2000, the Commission on Human Rights requested the Secretary- General to establish a mandate on human rights defenders. The Commission‘s intention was to give support to implementation of the Declaration on human rights defenders and also to gather information on the situation of human rights defenders around the world (see Resolution 2000/61 establishing the mandate). In August 2000, Ms. Hina Jilani was named by the Secretary General as Special Representative of the Secretary-General on the situation of human rights defenders. Her mandate was renewed by the Commission in 2003 (Resolution 2003/64) and by the Human Rights Council in 2007 (Resolution 5/1). In March 2008, the Human Rights Council, with Resolution 7/8, decided to renew the mandate on human rights defenders for a period of three years. The Human Rights Council appointed Ms. Margaret Sekaggya as Special Rapporteur on the situation of human rights defenders. Mandate The mandate on human rights defenders is broad and stipulates that the Special Rapporteur‘s main roles are to: seek, receive, examine and respond to information on the situation of human rights defenders; establish cooperation and conduct dialogue with governments and other interested actors on the promotion and effective implementation of the Declaration; recommend effective strategies better to protect human rights defenders and follow up on these recommendations; integrate a gender perspective throughout her work. -
The Terror Trade Times, June 2001
The Terror Trade Times AI Index: ACT 31/002/2001 June 2001 Page 5 Colombia: Stoking the fires of conflict Pages 6-7 USA — market leader in the torture trade Page 8 Excessive force in Israel and the Occupied Territories Page 10 ‘Balkans Syndrome’ The threat of depleted uranium weapons Page 4 — Sirre Leone: a bloody trade Page 9 — Supplying the torturers in Saudi Arabia Page 11 — Arms flyers in Africa Selling out human rights Governments set to ignore human rights at UN Small Arms Conference Thousands of people worldwide are killed every year by weapons categorized as “small arms” or “light weapons” — handguns, assault rifles, sub-machine and machine-guns, grenades, mortars, shoulder-fired missiles and landmines. Many more are injured. Most of the victims are unarmed civilians who find themselves in the path of rival armies or criminal gangs. Transnational networks of brokers, dealers, financiers and transporters are the key players in small arms markets, yet most states do not even register them, let alone require each of their deals to be licenced. In response to the scale of the problem, the United Nations (UN) is convening an international conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in July 2001. The aim of the conference is to agree a UN Programme of Action containing recommendations to governments. Amnesty International welcomes this initiative, which should provide an important opportunity for developing an international program of action to address the proliferation and misuse of small arms. However, the UN draft Programme of Action which will be put to the conference does not even mention some of the key contexts in which small arms are used to cause suffering on a massive scale. -
Restore. Protect. Expand. the Right to Dissent RESTORE
to restore the constitution white papers Restore. Protect. Expand. The Right to Dissent RESTORE. PROTECT. EXPAND: THE RIGHT TO DISSENT “Terrorism” is a word that has been exploited by the Executive branch repeatedly since 9/11 to provide rationale for going to war, unlawfully wiretapping U.S. citizens, and indefinitely detaining and torturing non-U.S. citizens in violation of the Constitution and international law. In doing so, the Executive has redirected the American people’s tax dollars away from critical domestic problems – such as healthcare, education, and truly preventing terrorism through safeguarding nuclear material or improving airport screening. In addition, it has encouraged law enforcement agencies to abuse their powers both domestically and internationally, through targeting, torturing and detaining political activists and Muslim and Arab individuals and communities. This paper, “The Right to Dissent,” explores the current situation of attacks upon and criminalization of dissent, from the surveillance of activists to the federalization of local law enforcement, to the labeling of activists as “terrorists.” It presents a vision for the First 100 Days of the next President’s administration that repudiates such attacks and upholds the First Amendment and our human rights. From the passage of the USA PATRIOT ACT in 2001 and the Animal Enterprise Terrorism Act (AETA) in 2006, to the broad usage of existing repressive legislation, such as the Anti-Terrorism and Effective Death Penalty Act of 1996, the past seven years have seen a wide-scale expansion of the use of “terrorism” descriptions, definitions and charges, particularly justifying repressive measures taken against political activists. The broad definitions of “domestic terrorism” established in the USA PATRIOT Act and “animal enterprise terrorism” established in the AETA have not effectively combated terrorism. -
The Government Response to Covid-19: Freedom of Assembly and the Right to Protest
House of Commons House of Lords Joint Committee on Human Rights The Government response to covid-19: freedom of assembly and the right to protest Thirteenth Report of Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons and the House of Lords to be printed 17 March 2021 HC 1328 HL Paper 252 Published on 19 March 2021 by authority of the House of Commons and the House of Lords Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current membership House of Commons Harriet Harman QC MP (Labour, Camberwell and Peckham) (Chair) Fiona Bruce MP (Conservative, Congleton) Karen Buck MP (Labour, Westminster North) Joanna Cherry QC MP (Scottish National Party, Edinburgh South West) Pauline Latham MP (Conservative, Mid Derbyshire) Dean Russell MP (Conservative, Watford) House of Lords Lord Brabazon of Tara (Conservative) Lord Dubs (Labour) Lord Henley (Conservative) Baroness Ludford (Liberal Democrat) Baroness Massey of Darwen (Labour) Lord Singh of Wimbledon (Crossbench) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. -
Principles and Guidelines on Protest and the Right to Information
PRINCIPLES AND GUIDELINES ON PROTEST AND THE RIGHT TO INFORMATION: INFORMATION THAT THE POLICE, PROSECUTING AND OTHER DECISION-MAKING AUTHORITIES, AND OVERSIGHT BODIES SHOULD COLLECT OR GENERATE, AND MAKE AVAILABLE TO THE PUBLIC, CONCERNING THE MANAGEMENT OF PROTESTS; AND PROCEDURES FOR IMPLEMENTATION AND OVERSIGHT OF INFORMATION-RELATED RESPONSIBILITIES May 2018 These Principles and Guidelines were developed in order to: (a) assist police, other public authorities, and police reform advocates around the world in evaluating whether the police, prosecuting and other decision- making authorities, and oversight bodies are complying with their obligations to record and make information available concerning their management of protests; and (b) enhance compliance in relation to protest rights and ensure greater public security by providing an effective tool for monitoring and improving relevant policies, practices, and oversight. These Principles and Guidelines are based on international (including regional) and national law, standards, and good practices. They were drafted by the Open Society Justice Initiative and the Committee on the Administration of Justice, in consultation with civil society groups, police professionals, and other experts around the world. PREAMBLE The organizations and individuals involved in drafting the present Principles and Guidelines: Recognizing that social protests, including street demonstrations, marches, occupations, and single person protests, have provided important avenues for the exercise of the rights -
Principles on Protection of Human Rights in Protests
The Right to Protest: Principles on protection of human rights in protests 2015 Policy Brief ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA United Kingdom T: +44 20 7324 2500 F: +44 20 7490 0566 E: [email protected] W: www.article19.org Tw: @article19org Fb: facebook.com/article19org ISBN: 978-1-910793-01-5 © ARTICLE 19, 2015 This work is provided under the Creative Commons Attribution-Non-Commercial-ShareAlike 2.5 licence. You are free to copy, distribute and display this work and to make derivative works, provided you: 1) give credit to ARTICLE 19; 2) do not use this work for commercial purposes; 3) distribute any works derived from this publication under a licence identical to this one. To access the full legal text of this licence, please visit: http://creativecommons.org/licenses/by-nc- sa/2.5/legalcode. ARTICLE 19 would appreciate receiving a copy of any materials in which information from this report is used. The Principles were developed as a part of the Civic Space Initiative financed by the Swedish International Development Cooperation, Sida. Sida does not necessarily share the opinions here within expressed. ARTICLE 19 bears the sole responsibility for the content of the document. 2 Contents Introduction 3 Preamble 7 Section I: General Principles 10 Section II: Obligation to respect the right to protest 18 Section III: Obligation to protect the right to protest 24 Section IV: Obligation to fulfil the right to protest 36 Section V: Other actors 42 Background 44 2 Introduction Protests play an important part in the civil, political, economic, social and cultural life of all societies. -
Mass Social Protests and the Right to Peaceful Assembly
MASS SOCIAL PROTESTS AND THE RIGHT TO PEACEFUL ASSEMBLY A 12-COUNTRY SPECIAL REPORT BY FREEDOM HOUSE JANUARY 2015 Table of Contents Overview: Mass Social Protests and the Right to Peaceful Assembly ......................................................... 1 Chile: Reclaiming the Street – Chile’s Student Movement .......................................................................... 7 China: The Case of Shifang ........................................................................................................................ 13 Denmark: The Case of COP15 ................................................................................................................... 19 Kyrgyzstan: Commotion-Based Democracy .............................................................................................. 24 Libya: Save Benghazi Friday ...................................................................................................................... 30 Malaysia: The Bersih Movement ................................................................................................................ 37 Morocco: February 20 Movement .............................................................................................................. 44 Peru: “El Baguazo” ..................................................................................................................................... 49 South Africa: The COSATU March ........................................................................................................... 54 -
Tackling the Trade in Tools of Torture and Execution Technologies
TACKLING THE TRADE IN TOOLS OF TORTURE AND EXECUTION TECHNOLOGIES Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2017 Cover design and illustration: © Colin Foo Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2017 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK Index: ACT 30/6998/2017 Original language: English amnesty.org CONTENTS SUMMARY 4 1. MECHANICAL RESTRAINT DEVICES 6 2. DIRECT CONTACT ELECTRIC SHOCK WEAPONS 9 3. BODY WORN ELECTRIC SHOCK DEVICES 11 4. RIOT CONTROL AGENTS 12 5. KINETIC IMPACT DEVICES 14 6. PHARMACEUTICAL CHEMICALS FOR USE IN LETHAL INJECTIONS 16 7. TRAINING & TECHNICAL ASSISTANCE 19 CONCLUSIONS: COMBATTING THE TRADE IN TORTURE AND EXECUTION TECHNOLOGIES 20 TACKLING THE TRADE IN TOOLS OF TORTURE AND EXECUTION TECHNOLOGIES 3 Amnesty International | Omega Research Foundation SUMMARY Over the last decade, Amnesty International has reported on torture in over 140 countries - three-quarters of the world – despite it being absolutely prohibited under international law. -
Stopping the Torture Trade Stopping the Torture Trade
Torturers are not born, they are nurtured, trained and supported. In many countries they rely on foreign governments for the tools of their trade and expertise in how to use them. Some governments are directly involved in the torture trade; others prefer to turn a blind eye. Few have shown the political will to put an end to this trade whose profits are built on the suffering of countless torture victims. Some of the tools of the torturer’s trade seem almost medieval — shackles, leg irons, thumbscrews, handcuffs and whips. However, in recent years there has been a marked expansion in the manufacture, trade and use of other kinds of technology used by security and police forces, especially electro-shock technology. New research for this report has shown that the number of countries worldwide known to be producing or supplying electro- trade Stopping thetorture shock equipment had risen from 30 in the 1980s to more than 130 by 2000. In October 2000 Amnesty International launched a worldwide campaign against torture, Take a step to st amp out torture . This report, which is released as part of the anti-torture campaign, aims to mobilize people around the world to put pressure on governments and on companies to stop the torture trade. Stopping the torture trade Stopping the torture trade This report is one of a series of publications issued by Amnesty International as part of its worldwide campaign against torture. Other reports issued as part of the campaign, which was launched in October 2000, include: Take a step to stamp out torture (AI Index: ACT 40/013/2000); Hidden scandal, secret shame — Torture and ill-treatment of children (AI Index: ACT 40/038/2000); Broken bodies, shattered minds — Torture and ill-treatment of women (AI Index: ACT 40/001/2001). -
Human Rights Violations and Abuses in the Context of Demonstrations in Iraq October 2019 to April 2020
Human Rights Violations and Abuses in the Context of Demonstrations in Iraq October 2019 to April 2020 United Nations Assistance Mission for Iraq Office of the United Nations High Commissioner for Human Rights August 2020 Baghdad, Iraq An Iraqi protester stands with his country’s national flag as security forces fire teargas during clashes following anti-government demonstrations in Al Khaylani Square off central Baghdad’s Senak bridge which links the Iraqi capital’s Green Zone with the rest of the city, on January 28, 2020. Photo: Ahmad Al-Rubaye, AFP Page 2 of 63 “Of great concern is the continued targeting and killing of activists and human rights defenders. This is not random violence but a deliberate silencing of peaceful voices, coupled with the total impunity enjoyed by perpetrators. Without accountability, the crimes committed will remain mere statistics, numbers on a page. This report sheds light on the suffering, and provides concrete recommendations to help rebuild public trust.” - Special Representative of the United Nations Secretary-General for Iraq Jeanine Hennis-Plasschaert, 27 August 2020 “People were killed, injured, tortured and mistreated, kidnapped, disappeared, arbitrarily detained, for exercising their rights to peaceful assembly and freedom of expression. This is unacceptable. Everyone has the right to peacefully demonstrate and to publicly express their frustration at not being able to provide for themselves and their families.” - United Nations High Commissioner for Human Rights Michelle Bachelet, 27 August 2020. Page 3 of 63 N Baghdad IRAQ Shuhadaa Bridge Ahrar Bridge Wathba Sq. Rasheed St. International Zone Senak Bridge Khaylani Sq. Turkish restaurant Jumhuriya Bridge Al Umma park Abu Nowas St.