ALBANIA...... 1 Torture and ill-treatment...... 1 Investigation of complaints and trial proceedings against police officers...... 2 Conditions of detention continue to cause concern...... 2 Violence against women and children, including trafficking for forced prostitution, begging and cheap labour ...... 3 Restrictions on freedom of the press...... 3

ARMENIA ...... 4 Allegations of ill-treatment and excessive use of force...... 4 Other assaults on activists...... 5 Conscientious objection (update to AI Index: EUR 01/004/2002 and 01/002/2002) ...... 5

AUSTRIA...... 5 Allegations of police ill-treatment...... 5 Death in custody (update to AI Index: EUR 01/001/2004)...... 5 Visit by the CPT...... 6 Asylum procedures (update to AI Index: EUR 01/001/2004)...... 6 Extradition to Russia...... 6 Legal developments...... 7 Reform of the military and alternative civilian service for conscientious objectors ...... 7

AZERBAIJAN...... 7 Fair trial concerns ...... 7 Amnesty for political prisoners (update to AI Index: EUR 01/004/2004 and EUR 01/007/2002)..... 8

BELARUS...... 8 International concern about human rights ...... 8 Death penalty (update to AI Index: EUR 01/001/2004)...... 9 “Disappearances” (update to AI Index: EUR 01/001/2004 and EUR 49/012/2002)...... 9 Prisoners of conscience...... 9 Human rights activists ...... 10 Violation of trade union rights (update to AI Index: EUR 01/001/2004) ...... 10 Press freedom...... 10

BELGIUM...... 11 Racism and xenophobia...... 11 European Commission against Racism and Intolerance publishes report on Belgium...... 11 Continuing racist and xenophobic attacks (Update to AI Index: EUR 01/007/2002)...... 12 Deportation of foreigners...... 13 Confinement to Brussels airport transit zone...... 13 Independent commission re-evaluating methods used during forcible deportations of foreigners (Update to AI Index: EUR 01/001/2004)...... 13

BOSNIA-HERZEGOVINA ...... 14 General and political developments ...... 14 War-time human rights violations ...... 15 International prosecutions...... 15 Domestic prosecutions ...... 16 Unresolved "disappearances" ...... 17 Right to return in safety and with dignity...... 17

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Accountability of peacekeeping forces...... 18 Post 11 September human rights incidents ...... 18 Human trafficking ...... 18

BULGARIA...... 18 Social care homes for people with mental disabilities...... 18 Reports of torture and ill-treatment...... 19 The case of Girgina Toteva (update to AI Index: EUR 15/18/96)...... 20 Police ill-treatment of Roma...... 20 Other assaults on, and discrimination against, Roma...... 21 Excessive use of firearms ...... 21 Concluding observations of the UN Committee Against Torture...... 22 CPT publishes two reports ...... 22

CROATIA...... 23 General and political developments ...... 23 UN Committee against Torture ...... 23 War-time human rights violations ...... 23 International prosecutions...... 23 Domestic prosecutions and compensation to victims of war-related human rights violations....24 Unresolved "disappearances" ...... 25 Right to return...... 25

CYPRUS ...... 25 EU accession ...... 25 Pre-trial detention...... 25 Racism, discrimination and xenophobia...... 26 Due diligence ...... 27

CZECH REPUBLIC...... 27 Racist violence ...... 28 ECRI report...... 28 UN CAT concluding recommendations ...... 29

FINLAND...... 29 Prisoners of conscience: imprisonment of conscientious objector to military service...... 29 Report of the Council of Europe’s Committee for the Prevention of Torture ...... 29 Deportation of foreign nationals...... 30

FRANCE ...... 30 Proposed new measures banning religious symbols in schools...... 30 Racist or race-related attacks...... 31 CPT report...... 32 Suspension of prison terms for seriously ill prisoners...... 32

GEORGIA ...... 32 Torture and ill-treatment in police custody...... 33 Excessive use of force by police and prison officers...... 33 Religious minorities...... 34 Attackers of Jehovah’s Witnesses have their sentences reduced on appeal (update to information in AI Index: EUR 01/001/2004) ...... 35 Mechanisms of accountability ...... 35 Extraditions ...... 35 Aslan Abashidze's supporters arrested on alleged fabricated charges...... 36

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Clampdown on dissent under Aslan Abashidze...... 37

GERMANY ...... 37 Allegations of police ill-treatment and excessive use of force...... 37 Alleged ill-treatment of Svetlana Lauer ...... 38 Alleged ill-treatment of Josef Hoss ...... 38 Alleged ill-treatment of Walter Herrmann ...... 38 Death during deportation of Aamir Ageeb...... 38 Fatal shooting of Rene Bastubbe...... 38 Germany’s torture debate (update to AI Index: EUR 23/001/2004)...... 39 Concerns about asylum-seekers and refugees ...... 39 Refugee status revoked...... 39

GREECE...... 39 Police impunity ...... 39 Eviction of Roma families...... 40 Conditions of detention...... 40 Conscientious objection (update to AI Index: EUR 01/001/2004)...... 41 Update on trafficking victim case and police impunity (see AI Index: EUR 01/001/2004) ...... 42

HUNGARY ...... 42 Death in custody in suspicious circumstances...... 42 ECRI report...... 42 The CPT report...... 43

ITALY ...... 43 Asylum and immigration (update to AI Index: EUR 01/001/2004)...... 43 Temporary holding centres for aliens ...... 44 Alleged police ill-treatment and excessive force on the streets and in police stations...... 45 Prisons: ill-treatment, torture and deaths in disputed circumstances...... 47

KAZAKSTAN AND KYRGYZSTAN...... 47 The plight of Uighur asylum-seekers and refugees ...... 47

MACEDONIA...... 49 Background...... 49 Prisoner of conscience Zoran Vranishkovski...... 49 Extra-judicial executions at Rashtanski Lozja (update to AI Index EUR 01/016/2003)...... 49 The “disappeared” and abducted in 2001 (update to AI Index EUR 01/016/2003)...... 50 Police torture and ill-treatment...... 51 Journalists punished for criminal libel and slander (update to AI Index: EUR 01/001/2004)...... 51 Trafficking of women and girls for forced prostitution ...... 51 Refugees and internally displaced persons (update to AI Index: EUR 01/001/2004)...... 51

MALTA...... 52 Asylum and immigration...... 52 Inquiry opened into 2002 refoulement of Eritreans (Update to AI Index: EUR 01/002/2003) ...52 Visits and reports by international and domestic human rights monitoring bodies ...... 53

MOLDOVA ...... 55 Police ill-treatment and conditions in pre-trial detention...... 55 The case of Veceslav Drugaleov...... 55 The case of Oleg Talmazan (Krasnov)...... 55 Refugees/asylum-seekers...... 55

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Self-proclaimed Dnestr Moldavian Republic (DMR) ...... 56 The “Tiraspol Six” (update AI Index: EUR 01/03/00)...... 56

PORTUGAL...... 56 Constitution prohibits discrimination on grounds of sexual orientation ...... 56 Excessive use of force, including lethal force, by police (update to AI Index: EUR 01/01/2004)....56 The killing of Nuno Lucas...... 57 Allegations of discriminatory policing...... 58 Prison conditions cause grave concern...... 58

ROMANIA...... 59 Psychiatric hospitals - a human rights crisis ...... 59 New reports of ill-treatment by law enforcement officers...... 60 Ill-treatment of children continued...... 61 Violence against women...... 61 Unlawful use of firearms by law enforcement officers...... 61 Assaults on the Roma...... 62

RUSSIAN FEDERATION...... 62 The Chechen conflict: “normal life” characterized by systematic human rights abuses...... 62 Alleged violations by security forces, including by the so-called “Kadyrovtsy”...... 63 The killings of nine men from Duba-Yurt...... 63 The case of Omar Khambiev (see AI Index: EUR 46/019/2004)...... 63 Persecution and intimidation of human rights defenders, activists and applicants to the European Court of Human Rights...... 63 The case of Imran Ezhiev (see AI Index: EUR 46/006/2004)...... 63 The extrajudicial execution of Anzor Pokaev (see AI Index: EUR 46/027/2004, pp.17-18) ...... 64 Climate of impunity for violations in Chechnya prevails...... 64 The Zelimkhan Murdalov “disappearance” case (update to AI Index: EUR 46/027/2003).64 Violence against women in the North Caucasus ...... 64 The case of “Madina”...... 65 The "disappearance" of Eliza Gaitamirova (see AI Index: EUR 46/027/2004)...... 65 The “disappearance” of Milana Ozdoeva (see AI Index: EUR 46/027/2004)...... 65 Chechnya and the international community ...... 65 Ingushetia: No longer a safe haven...... 65 The ‘disappearance’ of Rashid Ozdoev (see AI Index: EUR 46/027/2004)...... 66 Raid on settlement in Altievo (see AI Index: EUR 46/039/2004)...... 66 Closure of final tent camps for internally displaced Chechens in Ingushetia...... 66 Freedom of expression in the Russian Federation...... 66 The case of Stanislav Markelov (see AI Index: EUR 46/016/2004)...... 66 Pressure on NGOs ...... 67 Racist attacks continued to increase ...... 67 Murder of human rights defender Nikolai Girenko (see AI Index: EUR 46/038/2004)...... 67 Alleged racially -motivated killings ...... 67 Prosecutions relating to race hate crimes ...... 68 Discrimination against other minorities ...... 68 Targeting of Roma (see AI Index: EUR 46/033/2004)...... 68 Discrimination against Meskhetians of Krasnodar Territory continued ...... 69 Hostility to Chechens followed Moscow metro bomb blast...... 69 Igor Sutiagin: Political prisoner (see AI Index: EUR 46/004/2004) ...... 69 YUKOS case update...... 69 Guantánamo prisoners returned to Russia and released ...... 70 Anti-terror legislation...... 70

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SERBIA AND MONTENEGRO ...... 70 Background...... 70 War crimes...... 71 Exhumations ...... 72 Investigations into past political murders ...... 72 Police torture and ill-treatment...... 72 Attacks on minorities ...... 73 Trafficking of women and girls for forced prostitution ...... 73 Kosovo...... 73 War crimes, arrests trials and retrials...... 73 Accountability of KFOR – the NATO-led international force in Kosovo...... 73 Failure to solve inter-ethnic crimes...... 74 Niš Express bombing – main suspect detained...... 74 The violence of 17 – 19 March...... 74

SLOVAKIA...... 76 The Roma...... 76 ECRI Report...... 77

SLOVENIA...... 77 Citizenship and residency rights...... 77 UN Committee on the Rights of the Child...... 78

SPAIN...... 78 General background ...... 78 UN Special Rapporteur on torture finds it “more than sporadic”...... 78 Madrid bombings ...... 79 Race-related violence...... 79 High level mission to Spain...... 81 Ill-treatment of prisoners in Catalonia...... 81 Catalan claims torture while being held incommunicado...... 82 Violence against women...... 82

SWITZERLAND...... 83 ECRI publishes report on Switzerland ...... 83 Continuing allegations of police ill-treatment and racist abuse...... 84 Death during deportation (Update to AI Index: EUR 01/007/2002) ...... 85 Policing of demonstrations...... 85 Updates ...... 86

TAJIKISTAN...... 88 Death penalty...... 88 Moratorium on death sentences and executions...... 88 Executions despite Human Rights Committee interventions ...... 88 Allegations of torture and ill-treatment ...... 89 Ill-treatment in Nurek police station...... 89

TURKEY...... 90 Continuing legal reforms ...... 90 Council of Europe ends its monitoring procedure...... 92 Meetings with government...... 92 Violence against women in the family ...... 92 Beginning of non-Turkish language broadcasts...... 93 Release of the four former DEP parliamentarians...... 93

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Police ill-treatment and torture...... 93 Police brutality during demonstrations ...... 94 Unofficial detentions ...... 95 Extrajudicial executions...... 96 Freedom of expression...... 97 Harassment of human rights defenders...... 97

TURKMENISTAN...... 99 International concern about human rights ...... 99 Clampdown on dissent continued ...... 99 Prisoner of conscience forcibly confined in psychiatric hospital...... 99 Punished for importing a banned historical novel ...... 100 Targeted for giving interviews to Radio Liberty ...... 101 Possible prisoner of conscience Mukhametkuli Aymuradov (update to AI Index: EUR 61/002/2002) ...... 101 Religious leader Nasrullah ibn Ibadullah sentenced to long prison term...... 102 Conscientious objectors (update to AI Index: EUR 01/007/2002 and EUR 01/001/2004)...... 103

UKRAINE ...... 103 Police ill-treatment and conditions in pre-trial detention...... 103 “Disappearance” of Georgiy Gongadze (update to AI Index: EUR 01/001/2004)...... 104 Refugee law still fails to meet international standards...... 104

UNITED KINGDOM...... 104 The UK’s response to 11 September 2001 (Update to AI Index: EUR 01/01/2004)...... 104 UK nationals and residents at Guantánamo Bay, Cuba ...... 106 UK armed forces in Iraq...... 107 England and Wales...... 107 The Independent Police Complaints Commission (Update AI Index: EUR 01/003/2001)...... 107 Police handling of racist killings ...... 107 Michael Menson - Update to AI Index: EUR 01/001/2000 ...... 107 Deaths in custody (Update to AI Index: EUR 01/016/2003; and EUR 01/01/2004)...... 107 Army deaths in disputed circumstances - Update to AI Index: EUR 01/01/2004 ...... 108 Freedom of expression...... 109 The Fairford “coach-knapping case”...... 109 Katharine Gun ...... 109 Northern Ireland (Update to AI Index: EUR 01/01/2004)...... 110 Collusion and political killings ...... 110 Abuses by non-state actors...... 112

UZBEKISTAN...... 113 Human rights defenders ...... 113 The case of Ruslan Sharipov (update to AI Index: EUR 01/016/2003 and EUR 01/001/2004)113 Arrests following bombings in March-April ...... 113 Arrest of Nilufar Khaidarova...... 114 Arrest of Babir Makhmudov...... 114 Release of possible prisoner of conscience Rahima Akhmadalieva (update to AI Index: EUR 62/015/2001 and EUR 62/004/2001)...... 115 Political prisoners...... 115 Suspended sentence for Fatima Mukadirova (update to AI Index: EUR 01/004/2004)...... 115 The death penalty ...... 116 Authorities disregard the (UN) Human Rights Committee (update to information in AI Index: EUR 01/016/2003 and EUR 01/001/2004)...... 116 “Terrorist” sentenced to death...... 117

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Europe and Central Asia

Summary of Amnesty International’s Concerns in the Region

January - June 2004

FOREWORD

This bulletin contains information about AI’s main concerns in Europe between January and June 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

Amnesty International AI Index: EUR 01/005/2004 children by police, formerly commonplace, ALBANIA was now rare.

Torture and ill-treatment Torture and “any other degrading or inhuman treatment” are offences under Article 86 of the Albanian Criminal Code, There continued to be allegations that but this article does not define what detainees had been tortured or ill-treated constitutes an act of torture or degrading or by police officers during arrest and in police inhuman treatment. In practice, custody. In at least one case the detainee prosecutors very rarely charge state sustained injuries requiring hospitalisation. officials with torture, unless the victim is A press report in March quoted an permanently injured or dies, in which case anonymous police officer as saying: “We Article 87 (aggravated forms of torture and may have good evidence that someone has degrading or inhuman treatment) is applied. committed a crime, but we are often Instead, if charges are brought at all, they obliged to use force for the good purpose of are usually brought under Article 250 getting [him] to admit to the accusation”. dealing with “arbitrary acts”, a lesser In March AI wrote to the authorities about offence punishable by a fine or up to seven three cases in which it had been alleged years’ imprisonment. that police officers had tortured or ill- treated people in order to force them to For example, in May two police officers provide testimony or other information were charged with “arbitrary acts”, about a defendant or a crime. AI called for although the alleged ill-treatment appears prompt, thorough and impartial to conform closely to the definition of investigations into these the allegations, torture as given in Article 1 of the United and for any police officer responsible for Nations Convention against Torture and torture or ill-treatment to be brought to Other Cruel, Inhuman or Degrading justice. The organization also urged that Treatment or Punishment (ratified by any statement established to have been Albania in 1994), which specifies that made under duress should not be used as torture is severe physical or mental pain evidence in court, except against the police inflicted on a person by a public official with officer accused of torture or ill-treatment, the purpose of obtaining a confession or as evidence that the statement was made. information, or to punish, intimidate or

coerce On 13 May Beqir Kaba, aged 19, was The practice of torture or ill-treatment by reportedly arrested and taken to Peshkopi police officers was facilitated by violations police station after he was wrongly accused of legal provisions designed to protect of stealing a mobile phone and a small people following arrest. In June lawyers in amount of money. He later alleged that Shkodër went on a one-day protest strike. when he denied the charge police officers They reportedly claimed that police, beat him with rubber truncheons on his prosecutors and judges systematically back, shoulders, legs and hands, twisted violated their legal and procedural rights, and pulled at his beard and his ears with including the right of access to clients from pliers, and threatened to kill him. He was the moment of arrest, and the right to free, released the following day. Photographs, confidential communication with clients. taken five days after the incident,

reportedly clearly show severe bruising on According to a press report in June, various parts of his body, and a forensic complaints about police ill-treatment were medical examination later confirmed among the most frequent received by a injuries inflicted by a “heavy instrument”. recently opened “complaints office” in the Beqir Kaba filed a complaint against five Prosecutor General’s Office. Nonetheless, police officers with the Prosecutor General’s Albanian human rights activists in June Office. Local police at first denied that he indicated to AI that they were receiving had been ill-treated, but an internal police fewer such complaints, and according to the investigation found that two police officers CRCA (Albanian Centre for the Rights of had beaten him, and referred their cases to Children), in Tirana the ill-treatment of the prosecutor.

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Investigation of complaints and trial beds or other basic furniture or toilets. With proceedings against police officers few exceptions, detainees had no access to reading or writing materials. In violation of the law, children (aged 14 to 17) The press reported several cases in which sometimes shared cells with adult detainees, police officers received disciplinary and convicted prisoners, for whom there punishments after being accused of ill- was not sufficient accommodation in prisons, treatment. In a number of cases criminal were held together with remand prisoners. proceedings were started against police Medical care was inadequate and there was officers alleged to have ill-treated detainees. almost no provision for mentally ill Police officers were not always suspended detainees. These conditions and the from duty pending investigation and detention of convicted prisoners in police investigations tended to be slow and stations, gave rise to protests by detainees, inconclusive. AI did not learn of any case in most notably in Laç in May and in Vlora in which a police officer was sent to trial on a June. charge of torture or ill-treatment. Alleged victims sometimes withdrew complaints, In February AI published a report Albania: possibly as a result of inducements or inhuman and degrading detention coercion, although investigations were not conditions in police stations – steps towards necessarily stopped. In two such cases a reform, AI Index: EUR 11/001/2004, which prosecutor in Durrës decided to continue documented these conditions and urged investigations against police officers, that measures be urgently taken to deal despite the withdrawal of complaints. with overcrowding and to ensure at least

minimal conditions for detainees pending In May two former secret police officers, the construction of new detention centres. who had been under arrest and In March the Organization for Security and investigation since May 2003 in connection Co-operation in Europe (OSCE) Presence in with the “disappearance” of Remzi Hoxha, Albania published a report based on a an Albanian from Macedonia, and the survey of all 25 pre-detention sites, which torture of Ziso Kristopulli from Saranda raised similar concerns; it noted delays in district in 1995, were released after the the transfer of responsibility for pre-trial court ruled that the prosecution had not detention from the Ministry of Public Order provided evidence strong enough to justify to the Ministry of Justice and urged that their continued detention. An initial this handover go ahead. In June the non- investigation started in 1995 appeared to governmental Albanian Helsinki Committee have been blocked by the authorities, and once again stressed that conditions of pre- despite the subsequent re-opening of the trial detention were unacceptable and investigation, the fate and whereabouts of violated both international standards and Remzi Hoxha remained unknown. national law.

Conditions of detention continue to Although conditions for convicted prisoners cause concern held in prisons were relatively better, prisons were also over-crowded. The Detention conditions in police stations authorities were aware of these problems: where most remand prisoners are held – a project funded by the European sometimes for up to two years or even Commission, supported by logistical aid and more – continued to give rise to extreme expertise from the Austrian Prison Service, concern. They were almost universally worked on drafting a strategy and action severely overcrowded and detainees further plan for remand detention, which was due suffered from very poor sanitation, hygiene, to be ready by the end of August. lighting and diet as well as cold in winter (cells lacked heating) and high temperatures in summer. Cells did not have

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Violence against women and children, claiming that they had given it as a result including trafficking for forced of physical and psychological pressure by prostitution, begging and cheap the police. AHRG expressed concern that in labour this case a member of a minority was being treated in a discriminatory manner by the police and judiciary. In June Korça Appeal The Criminal Code did not specifically Court overturned the conviction and sent criminalize domestic violence. In March the the case for re-trial, after Gjergj Bedulla Women’s Advocacy Centre, noting an produced evidence to show that he had not increase in domestic violence, called on the been in Greece at the time in question. He government to take immediate measures to was released from custody. combat this phenomenon, to punish such crimes more severely, and to provide Most victims of trafficking were unwilling to special protection for children, pregnant report their traffickers to police, for fear of women and young mothers. The Centre reprisals. In March a law on witness recalled that measures against domestic protection was adopted, although it could violence provided for in the Family Code not be immediately implemented, again for adopted in 2003 could not be applied by lack of secondary legislation and funding. courts, for lack of supporting legislation. According to a shelter in Vlora for

repatriated trafficked women, in the first The authorities increased efforts to crack ten weeks of 2004 only four out of 45 down on the trafficking of women and repatriated women filed complaints against children for forced prostitution, begging and their traffickers. In February one alleged cheap labour. There were almost daily victim who claimed that she had been reports of arrests, but the available trafficked for forced prostitution at the age information indicated that few, if any, of 14, withdrew her previous testimony leaders of organized criminal networks after being confronted with the defendant involved in international trafficking had at his trial by Shkodër district court. She been arrested. Most defendants appeared was immediately arrested on a charge of to have operated on their own or as perjury. The defendant had reportedly middlemen; in February Emiliano Kaso was previously openly threatened her, and press sentenced to 11 years’ imprisonment by reports indicated that these threats, or Vlora district court for having tricked a possibly payments, might have induced her young woman into going abroad with him to withdraw her testimony. and then forcing her into prostitution.

Two Roma were sentenced in February by Restrictions on freedom of the press Korça district court to 17 and 15 years’ imprisonment respectively on a charge of In May Tirana district court imposed a fine trafficking a 12-year-old boy to Greece to of 2 million lekë (approx. 20,000 USD, work as a beggar. Their lawyer reportedly more than 100 times the average monthly called for their acquittal on the grounds that wage in Albania) on Nikollë Lesi, leader of at the time the trafficking of children for an opposition party and owner and editor of material gain had not been criminalized the newspaper, Koha Jonë, in a civil (this offence was introduced to the Albanian defamation case brought by Prime Minister Criminal Code in 2001). In March Gjergj Fatos Nano and two of his employees. The Bedulla, an “Egyptian” (a minority charges related to an article which criticized sometimes described as assimilated Roma) a government decision by which, as head of was sentenced to 12 years’ imprisonment the government, the Prime Minister had for trafficking three children. At the trial, awarded himself and two employees five the court refused to admit as evidence a months’ salary for work on the privatisation video filmed by the Albanian Human Rights of Albania’s National Savings Bank. In June Group (AHRG), in which the boys withdrew Mero Baze, the editor of the newspaper their testimony against Gjergj Bedulla, Tema, was sentenced to a 1,500 lekë fine,

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convertible to imprisonment, in a penal On 30 June the Appeals Court upheld his case arising out of a complaint for sentence. defamation filed by the Prime Minister. Opposition demonstrations in April were part of a two-month campaign of mass public protests launched by opposition ARMENIA political parties demanding the resignation of President Robert Kocharian. The Allegations of ill-treatment and authorities described the opposition excessive use of force campaign as a coup attempt and opened a criminal investigation into the activities of the opposition Artarutyun (Justice) alliance. Scores of people were injured and forcibly The opposition rejected charges that they detained when special police units were calling for the violent overthrow of the reportedly armed with truncheons used constitutional order. During their campaign water cannons and stun grenades to break hundreds of opposition supporters, up a peaceful opposition demonstration in including prominent opposition party the capital Yerevan in the early hours of 13 members, were reportedly arbitrarily April. Four journalists who were covering detained throughout the country and the demonstration were reportedly severely dozens were sentenced to 15 days' beaten by police officers. Dozens more administrative detention after trials that opposition activists and supporters, were said to have fallen far short of including women, were reportedly beaten international fair trial standards. and ill-treated during unsanctioned armed Vagharshak Harutiunian, for example, a police raids on the head offices of the main prominent member of the opposition opposition parties launched that same night. (Republic) party and a former Defence According to reports most of the activists Minister, was held in pre-trial detention for present on the opposition party premises two months on charges of calling for the were forcibly detained and kept in police “violent overthrow of the constitutional cells for up to 48 hours. According to order” and for “publicly insulting senior human rights groups and opposition parties, government officials”. He was released beatings and ill-treatment of both those following international pressure; however, detained at the opposition demonstration the charges against him were not dropped. and the party offices continued in detention: detainees, including women, allegedly On 28 April the Parliamentary Assembly of complained about police officers slapping the Council of Europe (PACE) held an them in the face, as well as kicking, emergency debate on the situation in kneeing and punching them while shouting Armenia and issued a strongly-worded and swearing at them. resolution, condemning the use of force by

police during the opposition protests as On 26 May Edgar Arakelian, a 24-year-old “against the letter and spirit of its values” opposition activist from a small town and calling on the authorities to investigate outside Yerevan, was sentenced to 18 any alleged human rights violations and to months’ imprisonment for “attacking a state release those opposition members still in official performing their duties” during the detention. PACE warned the government 13 April demonstration. He had admitted that it could withdraw the credentials of the to hitting a police officer with a plastic Armenian delegation to PACE if no progress water bottle during the demonstration but was made by the authorities by September. claimed he had acted in self-defence after In an address to PACE on 23 June President the police officer had hit him, breaking his Kocharian defended the use of force by front teeth. He alleged in court that he had police against opposition activists during been tortured in pre-trial detention in order the 13 April demonstration. He was quoted to force him to admit that the violence had as saying: “The organizers of the action been instigated by the political opposition. were demonstratively calling for civil

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disobedience. The police had no parliament’s adoption in December 2003 of alternative.” a law providing for unarmed military service or alternative civilian service for young men Other assaults on activists objecting to compulsory armed military service on the grounds of their religious At an opposition rally on 5 April police beliefs or convictions, and despite Council reportedly refused to intervene when of Europe requirements to free all those so around two dozen men, described as imprisoned. The law was due to enter into athletically-built with shaven heads, tried to legal force in July 2004. disrupt the peaceful protest meeting and physically attacked journalists covering the As of the end of May prison sentences of event, kicking and beating them and between one and two years had been breaking their equipment. In June a imposed on 11 men, all Jehovah's Yerevan court ordered two men to pay a Witnesses, as a result of their conscientious small fine for their participation in the objection. One had received a fine. A beating of the journalists. Three men of a further eight had been released on parole similar description allegedly physically during the first half of the year. Altogether assaulted and critically njuredi opposition 15 men were reportedly serving prison politician Ashot Manucharian in Yerevan on sentences for their conscientious objection 22 April. In June police reportedly and four were awaiting trial at the end of announced that they had suspended their June. investigation into the assault because they had failed to identify the perpetrators. In a further development, however, passports as well as identification and Previously human rights activist Mikael registration documents were reportedly not Danielyan and opposition deputy Victor returned to those conscientious objectors Dallakian had also been physically released from prison. The local military assaulted by unknown assailants. In an commissariat was said to have refused to affidavit Mikael Danielyan described how he return passports or to issue certificates to was badly beaten by four unknown men those who have no passport until the men who attacked him in the street outside his had served their time in the army. home in Yerevan in the morning of 30 March when he returned from walking his dog. He was reportedly repeatedly punched in the head and kicked after he fell AUSTRIA to the ground and needed hospital treatment. He believed that the attack was Allegations of police ill-treatment related to his human rights work and was meant to intimidate him and prevent him Death in custody (update to AI Index: from monitoring the authorities’ policing of EUR 01/001/2004) the opposition campaign. President Kocharian reportedly personally ordered an On 29 January the Independent investigation into the attack on Mikael Administrative Tribunal (Tribunal) reached Danielyan but during the period under its conclusions concerning the death of the review no one had been charged with Mauretanian, Cheibani Wague, during a assaulting the human rights activist. police operation in Vienna City Park on the night of 15 to 16 July 2003. The Tribunal Conscientious objection (update to established that the methods used to AI Index: EUR 01/004/2002 and immobilise Cheibani Wague were dangerous 01/002/2002) and capable of causing death. The Tribunal further classified the method used to immobilise Cheibani Wague on the ground Conscientious objectors continued to be as disproportional use of force. It found sentenced to prison. This was despite

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that a medical examination should have implementation had already emerged. been carried out urgently, but was not Asylum-seekers’ luggage and clothing is carried out either by police authorities or routinely searched as part of the application ambulance personnel. The Tribunal also procedures (with the exception of children), ruled that the restraint methods (holding a procedure which was been criticised by down the feet and pressing the person to the office of the United Nations High the ground while punching them on the Commissioner for Refugees (UNHCR) at the head, neck and upper back region), and the end of May. UNHCR also expressed concern duration of the restraint were illegal. AI is that legal advisers were not sufficiently concerned that the police officers involved independent of the Ministry of the Interior, in the operation during which Cheibani describing them as the "weakest link" in the Wague died gave comprehensive admissibility procedure and highlighting statements during the internal investigation their lack of experience in asylum law and by the Ministry of Interior but refused to interview techniques. Medical examinations give any statements in front of the Tribunal, usually take place after the second citing the right not to incriminate interview, despite the fact that the themselves, even in regard to apparently identification of possible trauma can be non self-incriminating details. AI has urged important factor in the asylum-seekers’ that clear guidelines be issued to law application. Doctors working in the enforcement officers on their obligations to reception centres have voiced concern that comply with such bodies. they are not qualified to diagnose trauma and do not have interpreters at their AI has urged a comprehensive, prompt and disposal. impartial investigation into the circumstances surrounding Cheibani Extradition to Russia Wague’s death, and for anyone reasonably suspected of unlawful acts to be brought to On 24 February Akhmet A. 1 , a Russian justice in line with international standards. citizen, was extradited to Russia despite The police officers involved in the incident pending asylum procedures, after the should be suspended pending the outcome Russian Procurator General applied for his of such an investigation extradition on charges of the abduction of two members of the Russian military, and Visit by the CPT the illegal acquisition and possession of weapons. The Regional Appeal Court A 10-person delegation carried out the granted the extradition request after fourth visit by the Council of Europe’s receiving assurances from the Procurator Committee for the Prevention of Torture General regarding respect for human rights. and Inhuman or Degrading Treatment or According to the interpretation of the Punishment (CPT) from 14 to 24 April. The Ministry of Justice, the Asylum Law bans CPT re-examined issues it had looked into termination of residence, and while this during previous visits, in particular the prevents deportation it does not apply to rights of persons in police custody, and extradition. According to available detained foreigners, and it also looked into information, following his extradition, conditions in custody for minors and for further criminal charges were brought persons who have been placed in forced against Akhment A. which did not relate to psychiatric care. the request for extradition.

Asylum procedures (update to AI AI is concerned that there is insufficient Index: EUR 01/001/2004) verification of the offences alleged in requests of this kind for extradition; that On 1 May the new Asylum Act came into there is inadequate monitoring of effect, and by the end of the period under review several problematic issues in its 1 His full name is k nown to AI but withheld to protect his identity

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adherence to human rights guarantees chairmen of Musavat, Panah Huseynov, given by the governments requesting chairman of the Khalq (People) party, extradition; and that the right to asylum Etimad Asadov, chairman of the Karabakh's may be eroded if extradition takes place Invalids Association, Sardar Jalologlu, the before completion of the asylum procedures. executive secretary of the Azerbaijan Democratic Party and Igbal Agazade, the Legal developments chairman of the Umid (Hope) party, were reportedly accused of having masterminded Reform of the military and alternative the post-election violence and charged with civilian service for conscientious organizing mass disturbances (Article 220 objectors part one of the Azerbaijani Criminal Code) and endangering the life or health of In the context of a reform of the army, in representatives of the authorities by means June it was announced that the length of of force (Article 315 part two) - charges compulsory military service would be which they have consistently denied since decreased eight to six months: possible their pre-trial arrests in October 2003. revision of the alternative civilian service has also been discussed. In this context AI AI called on the Azerbaijani authorities to is concerned that the decrease in the length ensure that the seven opposition politicians of military service may not be matched by received a fair trial in line with international an equivalent and adequate reduction in the standards. The organization was concerned length of the alternative civilian service in a about allegations that, after they were way that is non-discriminatory. reportedly arbitrarily detained, some of the seven opposition politicians were tortured Also as a result of the reform, the size of by members of the Ministry of Internal the army will be reduced and will therefore Affair’s (MVD) Organized Crime Unit (OCU) result in a surplus of weapons. AI urges the to force them to confess. Reportedly they Austrian government to ensure that by were forced to confess to having organized preference any arms deemed surplus to or participated in the post-election violence security needs are destroyed. Where such and to denounce the opposition electoral destruction is not possible, surplus arms bloc Bedim Azerbaijan (Our Azerbaijan) and should be securely stockpiled. Any transfer its presidential candidate, Isa Gambar, the of surplus arms should be subject to chairman of Musavat and runner-up in the stringent licensing and end-use certification, election, who had been placed under house and rigorously monitored and reported. arrest (see also AI Index: EUR 01/004/2004).

Others were reportedly detained in cruel, AZERBAIJAN inhuman and degrading conditions. Rauf Arifoglu told members of the international Fair Trial Concerns press freedom organization Reporters without Borders, who visited him in pre-trial detention in Bailov prison in Baku, that he On 7 May seven leading members of the had been held in solitary confinement for political opposition in Azerbaijan went on 32 days and forced to sleep on the floor of trial at the Court for Grave Crimes in Baku an unheated cell for 18 days. He went on for their alleged participation in violent hunger strike in December 2003 and again clashes between opposition supporters and in February together with dozens of law enforcement officers in the wake of the opposition detainees to protest their arrests, presidential elections in October 2003. Rauf which they believe were politically Arifoglu, a deputy chairman of the Musavat motivated. (Equality) party and editor-in-chief of the

Yeni Musavat opposition newspaper, Arif AI was further concerned about reports Hajili and Ibrahim Ibrahimli, also deputy from earlier trials of opposition activists,

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accused of having taken part in the post- resumed attending court hearings on 22 election violence, that evidence based on June. confessions allegedly extracted under torture was admitted in court. The Amnesty for political prisoners organization reminded the Azerbaijani (update to AI Index: EUR authorities of their obligations under 01/004/2004 and EUR 01/007/2002) international fair trial standards not to admit such evidence in court and to In March and in May President Ilham Aliyev promptly and impartially investigate all signed decrees pardoning a total of almost allegations of torture and ill-treatment and 500 prisoners. Among those subsequently bring the perpetrators to justice. released were a number of prisoners whom

the Council of Europe considered political By the end of April 119 opposition activists prisoners and had required Azerbaijan to had been tried in separate court cases for release or retry as one of its obligations on their alleged participation in the post- joining the organization. They included election violence. Thirty-three men Former Prime Minister Suret Huseynov. AI received prison sentences of between three had previously raised concerns regarding and six years while the rest received allegations of ill-treatment, unfair trial, and suspended sentences. Among those who conditions of detention in his case. received a conditional sentence was human rights activist and imam of the independent Juma mosque, Ilgar Ibrahimoglu. He was released on 2 April. (See also AI Index: BELARUS EUR 01/004/2004).

At the end of May the seven opposition International concern about human politicians refused to attend further rights preliminary court hearings at the Court of Grave Crimes. In an open letter to During this period Belarus came under international organizations published on 27 increasing pressure from intergovernmental May they explained that they were organizations to improve human rights. In protesting what they believed to be the January the Parliamentary Assembly of the court’s failure to conduct a fair and open Council of Europe (PACE) rejected Belarus’ trial according to international standards. request for reinstatement of its special The seven defendants objected in particular guest status with the PACE, stating that the to the court not presenting the defence with original reasons for revoking the status still written copies of the court’s decisions on held. Belarus’ status had been revoked in rejecting petitions lodged by the defendants 1997 because of President Lukashenka’s and of not allowing television cameras into unconstitutional actions in lengthening his the court room. They had earlier term of office and unfair elections in 1996. complained that the court had deliberately For the second year in a row, in April at its chosen a small court room so as to restrict 60th session, the UN Human Rights public access to the preliminary hearings Commission adopted a resolution and the trial. The defendants had also expressing deep concern about human objected to the appointed panel of judges, rights violations in Belarus. The resolution alleging that they were biased in the expressed concern about a number of government’s favour. The defendants’ issues including harassment and closure of lawyers resigned following their clients’ non-governmental organizations, and protest action and the court appointed new harassment of individuals engaged in defence lawyers who attended the court democratic activities. It asked the session in the absence of the defendants. government of Belarus to bring the actions Following appeals from supporters and of its police and security forces into human rights groups the seven opposition conformity with its obligations under the leaders stopped their protest action and International Covenant on Civil and Political

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Rights (ICCPR); to establish the and corruption of the Procuracy of Belarus independence of the judiciary; to end announced that the investigation into the impunity for persons responsible for killing case of Dmitry Zavadsky had been stopped or injuring individuals; and to release “because of the failure to discover the scientists and other individuals detained for disappeared person”. On 28 April on the politically motivated reasons. The resolution basis of the report on the “disappearances” also appointed a Special Rapporteur to by Christos Pourgourides, rapporteur examine human rights in Belarus. appointed by its Committee on Legal Affairs and Human Rights, PACE adopted a Death penalty (update to AI Index: resolution on the "disappearances" in EUR 01/001/2004) Belarus. This called on the Belarusian authorities to carry out an independent On 11 March the Constitutional Court investigation into the "disappearances”, and concluded its assessment of the compliance to launch criminal investigations into the of death penalty provisions in the alleged involvement of high-ranking officials Belarusian Criminal Code with the in the events and their cover-up. AI issued Belarusian Constitution and international a press release supporting the resolution standards. The Court found that a number and further calling on the authorities to of articles of the current Criminal Code are ensure that the methods, scope and inconsistent with the Constitution, and that findings of the investigation be made public. in the current circumstances the abolition of Furthermore, officials suspected of the death penalty, or -- as a first step -- responsibility for the "disappearances" the introduction of a moratorium, may be should be suspended from active service enacted by the Head of State and by during the investigation; complainants, Parliament. It empowered them to overturn witnesses, lawyers and others involved in a 1996 referendum when 80 per cent of the the investigation should be protected from Belarusian population voted against the intimidation, harassment and reprisals; and abolition of the death penalty. In its ruling any criminal investigations should be the Constitutional Court stated that the carried out in accordance with international preventative role of the death penalty standards of fair trial. against serious crime could not be proved. Prisoners of conscience “Disappearances” (update to AI Index: EUR 01/001/2004 and EUR During this period the Central District Court 49/012/2002) of the City of Minsk eased Yury Bandazhevsky’s conditions of detention In the period under review no progress was from “a second division custody” to a made in investigating the “disappearances” “corrective labour settlement” in Grodno of two opposition politicians, a journalist Region. He is to remain in the area he has and a businessman, in the period 1999 to been transferred to, but is allowed to 2000. Yury Zakharenko, a former Minister receive visitors and can request leave for of the Interior and leading opposition figure, up to three to four days for family visits. "disappeared" on 7 May 1999. The Deputy Professor Yury Bandazhevsky was Chairman of the dissolved Belarusian sentenced to eight years’ imprisonment for parliament, Viktor Gonchar, and his alleged bribe-taking in June 2001, but AI companion, the businessman, Anatoly believes that he was convicted because he Krasovsky “disappeared” on the evening of had criticized official responses to the 16 September that year. On 7 July 2000 Chernobyl nuclear reactor catastrophe of Russian Public Television (ORT) cameraman 1986 (see AI Index: EUR 01/001/2004). Dmitry Zavadsky “disappeared” after he drove to Minsk airport to meet his former In June Aksana Novikava was sentenced to ORT colleague Pavel Sheremet. On 31 two and a half years’ imprisonment at a March the department for organized crime corrective labour facility for ‘libel against

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the President of Belarus’. She was arrested Violation of trade union rights while distributing leaflets in the form a (update to AI Index: EUR "wanted" poster with a portrait of President 01/001/2004) Lukashenka and a list of alleged unlawful acts including the "disappearances”. In The independent trade union movement in January she had told an AI representative Belarus continued to be under pressure to that she would continue to demonstrate conform to government policies - its peacefully for human rights in Belarus, members were under constant harassment, regardless of the consequences (see also AI while its unions struggled to survive in a Index: EUR 49/005/2004). repressive atmosphere. In January the European Commission started a six-month Human rights activists formal inquiry into labour rights in Belarus. The inquiry was to examine limitations in Human rights activists and oppositionists trade union activities, the refusal to register continued to be subjected to harassment free trade unions and repression of trade and intimidation. In March AI launched a union leaders. report highlighting the deliberate pattern of obstruction, harassment and intimidation On 1 May Valeri Levonevsky, leader of the faced by human rights defenders in Belarus national strike committee, was sentenced to (see Belarus: Stifling the promotion of 14 days’ administrative detention for human rights, AI Index: EUR 49/004/2004). distributing leaflets calling for participation in May day demonstrations. On 14 May his In May Maxim Gromov (aged 16) and detention was extended for three days “for Ekaterina Klimko (aged 17), both members further investigation”. Since 18 May he has of the youth opposition movement ZUBR, been held in pre-trial detention charged were detained by police in the centre of with “publicly insulting the President of Minsk where they had been spray painting Belarus”. political slogans. Maxim Gromov was allegedly beaten by the police and both Press freedom were subsequently detained for two days. Neither was given access to their families, a In April PACE passed a resolution on press guardian or a lawyer. Both were charged freedom in Belarus calling on the with damage to state property and were government to respect Articles 19 and 22 of subsequently threatened with exclusion the ICCPR; to ensure free, equal and fair from their places of study. AI wrote to the access to airtime for the opposition before General Procurator of Belarus calling for an the parliamentary elections set for October impartial investigation into the treatment 2004; and to revise laws to allow political they received while in police custody and criticism of the president. asking for information about legal provisions which provide safeguards to The Belarusian authorities continued their detained minors in Belarus. ZUBR recorded campaign of harassment and intimidation 189 instances of harassment of its against the independent media (see AI members in the period from January to the Index: EUR 01/001/2004). In January the end of June. Belarus post office and the state newspaper distributor, Belsayuzdruk, cancelled their 2004 contracts with the independent paper Belorusskaya Delovaya Gazeta, effectively preventing the distribution of the newspaper. The independent weekly newspaper Den which is edited by Mikolai Markevich, a former prisoner of conscience, and other journalists who had worked on the independent newspaper Pagonya which

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was shut down in 2001, faced confiscations ECRI concluded that these phenomena had of print runs and the threat of eviction from “followed closely contemporary world its offices in Grodno. developments, notably the events of 11 September 2001 - and the subsequent strengthened efforts in the fight against terrorism - and the situation in the Middle BELGIUM East. In this respect, it has been noted that there is a tendency, both at the grass root Racism and xenophobia level and in public debates, to import into Belgian society conflicting situations resulting from such events at world level. In European Commission against Racism particular, there appears to be a strong and Intolerance publishes report on tendency to read current manifestations of Belgium antisemitism and islamophobia exclusively or predominantly as intercommunity In January the European Commission problems, notably opposing Arabs and Jews against Racism and Intolerance (ECRI) or Muslims and Christians”. However, ECRI 2 published its third report on Belgium , said that the increase in such covering the situation as of June 2003. manifestations needed to be addressed as ECRI recognized that Belgium had made problems affecting Belgian society as a progress in a number of fields highlighted in whole and not only some of its communities. its previous report issued in 2000. It It called for “concerted efforts of all pointed, in particular, to two laws adopted relevant actors composing Belgian society, in 2003 which “strengthen the protection including the representatives of different provided by criminal law against acts communities, civil society organizations and inspired by racism and xenophobia” and movements, and key institutional actors, “establish civil remedies against such as the persons responsible for the discrimination in different areas and on a administration of justice.” At the same wide range of grounds.” ECRI stressed “the time, ECRI welcomed various relevant and need to keep the new legislation under positive initiatives which had already been review and ensure its effective launched by the federal government. implementation”. It also reported that a number of its recommendations had “not, In addition, ECRI called for “further efforts or not fully, been implemented” and to prevent racist or discriminatory recommended further action in a number of behaviour” by the police. Among other areas. This included a call for “a more things, it urged that the authorities ensure determined institutional reaction against that all such behaviour “be thoroughly the use of racist or xenophobic discourse in investigated, brought before the relevant politics.” judicial and non-judicial control mechanisms, and sanctioned”. It reiterated ECRI was also concerned by the reported “the need to raise the awareness of the key increase in “manifestations of antisemitism actors of the criminal justice system” and islamophobia” and noted that these regarding the implementation of existing had included “verbal abuse and harassment domestic legislation against racism and of individuals but also public oral and racial discrimination so as to ensure that written expressions….. Attacks to the legislation be applied also to police property … Physical attacks against officers responsible for any such acts. ECRI individuals … sometimes with deadly also encouraged the authorities to “consider consequences.” ways for monitoring the frequency of police checks on individuals, in order to uncover any possible pattern of disproportionate checks on certain groups of the population of Belgium”. 2 CRI (2004) 1

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ECRI further expressed concern about a The government and relevant authorities number of issues relating to the reception condemned, and announced zero-tolerance and status of foreigners in Belgium, in of anti-Semitic acts. An increase in police particular “the continuing widespread use of presence in and around Jewish communities, detention of asylum-seekers”. It formulated in particular Antwerp with its large Jewish a number of detailed recommendations population, was announced, along with “aimed at ensuring that the rights of further initiatives designed to combat asylum seekers and persons without legal attacks and to ensure and monitor official status in Belgium are thoroughly respected”. follow-up on complaints of anti-Semitic acts.

Continuing racist and xenophobic attacks There were also racist incidents directed (Update to AI Index: EUR 01/007/2002) against Arabs and Muslims, including asylum-seekers. In the early hours of 3 Despite a number of initiatives taken by July several masked men, armed with federal, regional and community authorities batons and a knife, broke into Broechem to combat racism and promote inter- open centre for asylum-seekers, near cultural dialogue, racist incidents directed Antwerp, and entered the rooms of the against Jewish, Arab and Muslim residents, terrorizing them and selecting communities continued to be reported three men for physical attack. According during the period under review. the Antwerp Public Prosecutor’s office, the aggressors spoke in Dutch and asked their There were numerous accounts of Jews, victims questions of a racist nature: they including children, suffering verbal insults, wanted to know, in particular, if the three harassment and violent attacks. They asylum-seekers were Muslims and if they included the following incidents. were seeking work in Belgium. A positive response to the questions resulted in ¦ In February a member of Antwerp's physical assault: the victims were told that large Jewish community, described as a the work was only intended for Belgians. It teacher of the Jewish religion, lodged a later emerged that the victims were of criminal complaint stating that, during his Russian, Israeli and Serbian origin: one of daily train journey between Antwerp and them had to be taken to hospital to receive the town of Charleroi, a young man of treatment for the injuries he suffered. around 20 approached him while he was in the act of praying. He said the man put a The police and the Federal Agency for the knife to his throat, demanded to know if he Reception of Asylum-Seekers (Fedasil) was Jewish, called him a '"Dirty Jew" and announced additional security measures to threatened to kill him the next time he saw protect the residents of the Broechem and him on the train. other similar centres for asylum-seekers. Fedasil also announced that it was lodging a ¦ In June four teenage students at a criminal complaint against persons Jewish rabbinical school in Wilrijk (an unknown and a criminal investigation was Antwerp suburb), all minors, said that, opened. Antwerp Public Prosecutor’s office while walking home on a Friday evening, commented that the attack appeared to they were confronted by a group of have been motivated by “hatred of youngsters of North African appearance foreigners”. The Centre for Equal who were armed with knives and blunt Opportunities and Opposition to Racism, a instruments. Three of the boys managed to national body reporting to the Prime run away but the fourth, a 16-year-old boy, Minister and parliament, stated that there was stabbed in the back and suffered a was no doubt whatsoever that racism had punctured lung. The authorities said that motivated the attack. Three minors and an every step would be taken to safeguard the 18-year-old thought responsible for the pupils’ school and a criminal investigation attack were arrested within days: the was opened to track down their attackers. minors were sent to a closed institution for young offenders while the 18-year-old,

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after several weeks detention, was by the airline which had carried them to provisionally released to await trial. Belgium.

Deportation of foreigners In March, in view of continuing reports of foreigners, including minors, being confined to the airport transit zone for extended Confinement to Brussels airport transit periods, in inhumane and degrading zone conditions, AI joined a number of domestic NGOs in public and direct appeals Some foreigners, including rejected asylum- addressed to the government, calling for an seekers, who were denied access to Belgian end to the practice. The appeals pointed out, territory on arrival at the airport and then amongst other things, that a European held in detention centres for aliens by Court of Human Rights ruling of November administrative order awaiting deportation, 3 2003 had found that detaining someone in were released on the orders of the court an airport transit zone for an indefinite and mandated to rule on the legality of their unforeseeable period, when it was neither continued detention (chambre du conseil). in accordance with a procedure prescribed However, there were persistent reports that by law nor lawful, was in violation of Article in some cases, individuals were transferred 5.1 of the European Convention on Human directly to the transit zone of the national Rights and Fundamental Freedoms, relating airport under police escort, on the orders of to the individual’s right to liberty and the Aliens Bureau (within the Ministry of security. Interior). Their documents were often handed to the airport police and they were However, reports of confinement to the then left for days or weeks, and transit zone continued. In May three men occasionally months, effectively confined, and one woman returned to the Democratic without access to legal advice and without Republic of the Congo, after spending some some of the basic means of survival, such four months in the zone. as beds or fresh air, without proper washing facilities, and frequently forced to Independent commission re-evaluating rely on the charity of passengers and airport staff. methods used during forcible deportations of foreigners (Update to AI In May 2003 the UN Committee against Index: EUR 01/001/2004) Torture had expressed concern about such reports and recommended that the Belgian An independent commission, which the authorities ensure the follow-up treatment Minister of Interior had asked to carry out a of asylum-seekers when they were released re-evaluation of the techniques used in from detention (For further information, see forcible deportation operations, began its Belgium before the UN Committee against work in January. The Minister had Torture, AI Index: EUR/14/001/2003). approached the Commission, led by Professor Vermeersch, a moral philosopher, The Belgian authorities maintained that, following the verdict issued by a Brussels although released by court order, the court in December 2003 finding four law foreigners in question still had no right of enforcement officers guilty of unconsciously residence in Belgium and were subject to causing grievous bodily harm, which had deportation orders issued by the Aliens resulted unintentionally in the death of Bureau. They argued that, by being placed Semira Adamu, a rejected asylum-seeker in the transit zone, the foreigners were not from Nigeria, in the context of a forcible being detained, but simply escorted to deportation attempt in 1998. She had died Belgium’s border and were free to leave by after escorting officers employed the so- catching a flight to their country of origin or called “cushion technique”, a restraint a third country, with the costs being borne 3 Shamsa v. Poland

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method authorized by the Ministry of the conformity with human rights and enforced Interior at the time but subsequently with respect for safety and dignity, adopted banned, which allowed officers, practising by the Parliamentary Assembly of the caution, to press a cushion against the Council of Europe in January 2002, together mouth, but not the nose, of a recalcitrant with the reply adopted by the Committee of deportee to prevent biting and shouting. In Ministers in January 2003, and the its judgment the court also severely guidelines on “Deportation of Foreign criticized the guidelines which the Ministry Nationals by air” set out in the 13th General of Interior had issued to officers carrying Report on the activities of the European out repatriations at the time; the superficial Committee for the Prevention of Torture work of a Ministry of Interior working group and Inhuman or Degrading Treatment of which had endorsed the use of the cushion Punishment, published in September 2003. technique, despite specialist medical literature warning of the associated risks of In June, following the issuing of an interim positional asphyxia, and totally inadequate report by the Commission, and at the training of escorting officers. In response, Commission’s invitation, AI participated in many police officers engaged in deportation an open dialogue on relevant issues and operations demanded clarification of concerns, together with a number of admissible deportation methods and of their prominent domestic non-governmental role. organzations, the Centre for Equal Opportunities and Opposition to Racism, a The Vermeersch commission had first been national body reporting to the Prime mandated to evaluate instructions and Minister and parliament, and techniques relating to forcible deportations representatives of the police. The immediately after Semira Adamu’s death. Commission’s final report and Many of its subsequent recommendations, recommendations were not expected until including a ban on the use of certain September 2004. dangerous restraint methods during forcible deportations, such as the cushion technique, were largely reflected in new guidelines then issued to escorting offices. BOSNIA-HERZEGOVINA

In March AI wrote to the Commission, General and political developments welcoming the re-evaluation exercise. It set out the organization’s continuing Bosnia-Herzegovina (BiH) remained divided concerns about the treatment of people at in two semi-autonomous entities, the various stages of the deportation process, Republika Srpska (RS) and the Federation as well as relevant recommendations which of Bosnia-Herzegovina (FBiH), with a it had drawn to the attention of the Belgian special status granted to the Brcko District. government in 2003. AI also pointed out The international community continued to the concern which the UN Committee exert significant influence over the political against Torture had expressed in May 2003 process in BiH, as part of the civilian about various aspects of the expulsion and implementation of the Dayton Peace deportation process and recalled the Agreement, led by a High Representative Committee’s relevant recommendations. AI whose nomination is proposed by the Peace also drew attention to various relevant Implementation Council (PIC) and then international standards, in particular the endorsed by the UN Security Council. As of Recommendation of the Council of Europe June 2004 approximately 7,000 Commissioner for Human Rights peacekeeping troops of the Stabilisation “concerning the rights of aliens wishing to Force (SFOR) led by the North Atlantic enter and Council of Europe member states Treaty Organisation (NATO) were stationed and the enforcement of expulsion orders in the territory of BiH. At the Istanbul NATO (Comm DH/Rec(2001)1; Recommendation summit in June it was formally decided that 1547 on “expulsion procedures in SFOR would be replaced by a peacekeeping

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force led by the European Union (EU) by and transfer to the Hague those indicted for the end of the year. NATO would maintain a war crimes and crimes against humanity. reduced presence in the country with the Following NATO's negative decision, the principal task of providing advice on High Representative dismissed 59 RS defence reform, and also undertake certain officials, including the RS Interior Minister, operational supporting tasks, such as the RS Minister of Economy, Energy and "counter-terrorism", arrest of persons Development and the Chairman of the RS indicted for war crimes and intelligence National Assembly. sharing with the EU. The European Union Police Mission (EUPM), composed of War-time human rights violations approximately 500 police officers and a small number of civilian personnel, International prosecutions remained tasked with monitoring and supervising the activities of the local police. The Tribunal continued to try alleged perpetrators of serious violations of In January the High Representative adopted international humanitarian law, but faced a decision enacting the Statute of the City increasing financial difficulties caused by of Mostar. The statute transformed Mostar's the failure of several UN member states to six separate Bosniak and Bosnian Croat pay their assessed contribution to its municipalities into a single city budget. administration. The first phase of the implementation of the new statute was In March the Tribunal issued an indictment completed on 15 March, when the city's six against Jadranko Prlic, Bruno Stojic, municipalities were officially merged. Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pušic, who held In March the first Minister of Defence at the command positions in the Croatian Defence state level was appointed. The defence Council (Hrvatsko vijece obrane - HVO, the reform being implemented has resulted in a Bosnian Croat Armed Forces). The indicted reduction in armed forces numbers in both are accused of several counts of crimes the FBiH and the RS. It is foreseen that the against humanity, of grave breaches of the two armies will remain ethnically distinct, Geneva Conventions of 1949 and of while having a common general staff and violations of the laws or customs of war the same uniform and flag. committed against the non-Croat population. The indictment alleges that the A special Human Rights Commission within accused, together with other former the BiH Constitutional Court was Bosnian Croat and Croatian officials established in January, with the task of including former Croatian President Franjo dealing with the backlog of cases registered Tudman, participated in a joint criminal with the Human Rights Chamber before its enterprise to "politically and militarily closure in December 2003. As of May 2004, subjugate, permanently remove and the Commission had resolved 1,170 cases ethnically cleanse Bosnian Muslims and while 7,875 applications remained pending, other non-Croats who lived in areas on the making it appear highly unrealistic that the territory of the Republic of Bosnia and Human Rights Commission would be able to Herzegovina which were claimed to be part complete its work by the deadline originally of the Croatian Community (and later set for 31 December 2004. Republic) of Herceg-Bosna, and to join these areas as part of a 'Greater Croatia'". Despite hopes of being admitted to NATO’s Moreover, the indictment mentions in the Partnership for Peace at its Istanbul summit statement of the case events surrounding in June, BiH was not invited to join the the "disappearance" in 1993 of soldiers organization as a result of the failure of the from the Army of Bosnia-Herzegovina (ABiH) RS authorities to fully cooperate with the in Mostar, during the conflict between the International Criminal Tribunal for the former Yugoslavia (Tribunal) and to arrest

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ABiH and the HVO. All the accused on charges of crimes against humanity and surrendered voluntarily to the Tribunal. war crimes committed against the non- Serbian population near the town of In March Ranko Cešic, a former member of Višegrad. While the raid did not result in the Bosnian Serb Territorial Defence and of any arrest, Milan Lukic's brother Novica was the "Intervention Platoon" of the Bosnian killed in the operation. Serb Police Reserve Corps in Brcko, was sentenced to 18 years' imprisonment after Domestic prosecutions having pleaded guilty to 12 counts of crimes against humanity and violations of The War Crimes Chamber within the BiH the laws and customs of war. Miroslav State Court was expected to become Deronjic, former President of the Bratunac operational in early 2005, amid continuing Municipal Board of the Serbian Democratic concerns over the lack of financial and Party, was sentenced to 10 years' other resources needed to meet its imprisonment for crimes against the non- requirements. In June the Parliamentary Serbian population in the village of Glogova, Assembly of the Council of Europe issued a after having pleaded guilty. Darko Mrda, a recommendation asking its member states former member of the Prijedor Police, was to consider assistance by way of human, sentenced by the Tribunal to 17 years' material and financial resources to support imprisonment after having pleaded guilty of the functioning of the War Crimes Chamber. murder and inhumane acts for his role in the shooting in 1992 of over 200 non- The domestic criminal justice system Serbian civilians. persistently failed to take steps to actively prosecute alleged perpetrators. A major In April the Tribunal's Appeals Chamber factor in fostering this continuing impunity found that genocide was committed in was the lack of co-operation between FBiH Srebrenica in 1995 and sentenced Radislav and RS judiciary and police forces, in Krstic, former general in the Bosnian Serb particular in enforcing arrest warrants. Army, to 35 years' imprisonment for aiding Moreover victims, witnesses, as well as and abetting genocide. courts, remained without adequate protection from harassment, intimidation In June judges presiding over the trial and threats in the absence of an effective against former president of the Federal witness protection program. Republic of Yugoslavia Slobodan Miloševic rejected a motion presented by the However, some trials for war crimes opened defendant's amici curiae for genocide and or continued before local courts, mainly in other charges to be dropped. Slobodan the FBiH. In January the Mostar Cantonal Miloševic was being tried on over 60 Court acquitted Željko Džidic, Mate Anicic, charges of war crimes and crimes against Ivan Škutor and Erhard Poznic of war humanity for his alleged involvement in the crimes charges, reportedly on the grounds conflicts in Croatia, Bosnia-Herzegovina and that the prosecutor had failed to "submit Kosovo. sound and firm evidence" against the accused. The defendants were inter alia Cooperation between the RS authorities and suspected of being responsible for the the Tribunal remained inadequate with the detention and subsequent "disappearance" RS police failing to arrest those indicted by of 13 ABiH soldiers (see above). Reportedly, the Tribunal and believed to be within their in June the Mostar Cantonal Court was still jurisdiction. A total of 20 publicly indicted conducting an investigation into the 13 suspects remained at large at the end June, "disappearance" cases. the majority of them Bosnian Serbs thought to be residing in the RS or in neighbouring In February Ratko Gašovic, a former Serbia and Montenegro. In April the RS member of a Serbian paramilitary group, police raided the family home of Milan Lukic was sentenced to 10 years' imprisonment and Sredoje Lukic, indicted by the Tribunal by the Sarajevo Cantonal Court for war

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crimes against the civilian population, the Human Rights Chamber in 2003 had including the rape of one non-Serbian ordered the RS authorities to conduct a full, woman. meaningful, thorough and detailed investigation into the human rights In March the Sarajevo Cantonal Court violations which took place after the fall of acquitted Jovo Torbica of charges of war Srebrenica. The commission's preliminary crimes against the non-Serb civilian report in April highlighted systematic population in the villages of Ahatovici and obstruction of the commission's activities in Dobroševici near Sarajevo. Duško Tadic particular on the part of the RS military, was acquitted by the Sarajevo Cantonal police and intelligence authorities. After court of charges of war crimes against the having received the preliminary report, the non-Serb population in the village of High Representative ordered a number of Cajnice. measures to support the work of the commission, including the dismissal of the In April the Livno Cantonal Court sentenced RS liaison officer with the Tribunal and the former HVO soldier Ivan Bakovic to 15 Chief of General Staff of the RS Army, and years' imprisonment for the murder in 1993 the replacement of the commission's of nine non-Croat civilians in the village of chairman Marko Arsovic. Mokronoge, near Tomislavgrad. In June the commission issued a report In May the trial against 11 former police which presented information about the officers from Prijedor opened at the Banja participation of the RS police and armed Luka District Court. The defendants are forces in the massive human rights accused of the abduction and murder of violations which took place in Srebrenica, Father Tomislav Matanovic and his parents acknowledging that thousands of non-Serbs in 1995. were executed after the fall of Srebrenica. Moreover, the report identified the location In June the former head of the Konjic police of 32 mass grave sites, 11 of which were and six former soldiers of the Konjic previously unknown. The exhumation of Territorial Defense were acquitted of these graves began at the end of June. The charges of war crimes against the Serbian commission is continuing its work, following population by the Mostar Cantonal Court. the discovery in June of new documents at Reportedly, the cantonal prosecutor the RS Ministry of the Interior, which planned to appeal the sentence. reportedly contain new information on the Proceedings resumed at the Zenica events in Srebrenica between 10 and 19 Cantonal Court against Dominik Ilijaševic, July 1995. former Bosnian Croat military commander accused of war crimes committed against Right to return in safety and with Bosniak civilians in Stupni Do in central dignity Bosnia. Reportedly, the trial had to be restarted, after a suspension of the According to the UN High Commissioner for proceeding which exceeded 30 days. Refugees field mission in Bosnia- Herzegovina, some 7,400 people returned Unresolved "disappearances" to their pre-war homes between January and April. In total, nearly a million people Thousands of "disappearances" remained have returned to their homes since the end unresolved amid continuing impunity for of the conflict. the perpetrators. Lack of access to employment continued to In January the commission established by be a major factor in people's decision not to the RS authorities to investigate the events return and remain in their pre-war which took place in and around Srebrenica community. Employment opportunities between 10 and 19 July 1995 began its were scarce in general, reflecting the weak work. The commission was established after

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18 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January - June 2004

economic situation and the difficulties of US custody and detained at that point in economic transition and post-war Guantánamo Bay, Cuba. In May the wife of reconstruction. In addition, returnees faced one of the six detainees was beaten by discrimination on ethnic grounds when unknown assailants in her flat. Reportedly, trying to find work. she was verbally abused and physically attacked by three men, one of whom spoke Accountability of peacekeeping English. A criminal investigation has been forces opened.

SFOR continued to arbitrarily detain Human trafficking members of "support networks of persons indicted for war crimes", in some cases for In March the BiH State Court imposed several weeks. To AI's knowledge, in no sentences of up to nine years' case was an arrest warrant issued against imprisonment for convictions including those detained by SFOR, who were not organized crime and human trafficking charged with any recognizable criminal against members of an organized criminal offence. network involved in trafficking women and girls who had been forced to engage in In April SFOR conducted a raid in Pale in a prostitution in a chain of nightclubs in Serbian Orthodox church and in the nearby Prijedor. priest's residence, reportedly in an attempt to apprehend Radovan Karadžic, indicted by the Tribunal for genocide, crimes against humanity, violations of the laws and BULGARIA customs of war and grave breaches of the Geneva Conventions of 1949. In the Social care homes for people with operation, which did not result in an arrest, mental disabilities the priest and his son were seriously wounded, reportedly as a result of an Some progress was reported in the period explosive charge used in the forced entry under review in several institutions for into the priest's residence. children and adults with mental disabilities but most of AI’s concerns regarding their Post 11 September human rights placement and care in social care homes incidents were outstanding. The home for children in Fakia was closed down in December 2003. In February 2004 Amgad Fath Allah Yusuf Thirty-one children were transferred to an 'Amir was released from extradition institution in Mezdra, where they were detention. In July 2003 he had been taken provided with considerably improved living into custody in the FBiH on the grounds conditions and care, particularly medical that he was carrying forged documents. care. However, the staffing level in this Following his arrest, the Egyptian institution, as in the rest of the system of authorities requested his extradition social care homes, remained inadequate in claiming that he was a member of an number and in training. This particularly armed Islamist group. AI was concerned affected children with more complex needs that he faced the death penalty if extradited. considered by the staff as unsuitable for any educational programme. Another In April the BiH Parliamentary Commission matter of concern to AI’s delegate who for Human Rights, Immigration, Refugees visited Mezdra in June was the nutrition of and Asylum requested all relevant BiH and children. He observed that all children, FBiH authorities to urgently submit an regardless of age and/or appetite, received appeal to the US authorities asking to the same portions with no possibilities for release from detention six Algerian any additional food, other than what may nationals illegally transferred from BiH to be left behind by other children. The home director explained that all meals, in terms

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of nutritional value and quantity, were In May the UN Committee Against Torture prepared according to regulations issued by expressed concern about poor conditions in the Ministry of Labour and Social Policy. homes for persons with mental disabilities Food may be donated, but such donations and the insufficient measures taken by the must be prepared and distributed in the authorities to address the situation, same manner, and the allocated state “including the failure to amend the budget for food is accordingly reduced by legislation relating to involuntary placement the value of the donation. in such institutions… and the lack of judicial appeal and review procedures”. Similar In October 2003 an institution in Dragash concerns were expressed by the European Voyvoda was closed down and 64 men were Committee for the Prevention of Torture transferred to a refurbished facility in and Inhuman or Degrading Treatment or Govezhda, a mountain village 25 kilometres Punishment (CPT) in a report published in west of Montana. The situation in the old June. The provisions concerning placement institution and the fate of men who had procedure were inadequately revised in been transferred to other homes earlier has 2003 when Regulations for the been described in several AI reports (see implementation of the Social Support Act Bulgaria: Where are the men of Dragash came into force. AI continues to appeal to Voyvoda? AI Index: EUR 15/005/2003). the Bulgarian authorities for a thorough The new facility provided improved living revision of these regulations. quarters in small bungalows each accommodating six men in two rooms, The UN Committee also recommended that sharing a bathroom. However, there was no the authorities take all necessary measures space for any social activities except in the to ensure “that living conditions, therapy dining room. Lack of activities is not as and rehabilitation provided are not in acute in warmer months when many violation of the requirements of the residents are engaged in gardening and Convention”, as well as to ensure that the farming. Although improved, medical care placement of children in institutions is still appeared to be elemental. The problem regularly reviewed. of staffing, particularly on night shifts in institutions for adults, remained acute and In June the CPT published two reports on posed great risk to residents. For example their visits to Bulgaria in April 2002 and on 24 February, in the early morning, December 2003. Both reports contained Yoncho Filipov Lazarov, a resident, died extensive observations and after he was reportedly pushed by an recommendations with regard to the agitated resident who had previously spent psychiatric hospital in Karlukovo, and the two hours in the medical ward and was social care homes in Razdol and Pastra. then returned to his dormitory. Apparently there was no internal inquiry to establish Reports of torture and ill-treatment what factors in the provision of the services may have influenced this incident. New reports of torture and ill-treatment were received in the period under review. Before the residents of Dragash Voyvoda On 22 March, Boris Daskalov, aged 22, was were moved to Govezhda AI had expressed summoned for questioning to the Second its concern to the Bulgarian authorities Police Station in Plovdiv. He arrived about the location of the refurbished together with his lawyer but was told by an institution. As with most other social care officer that the questioning would take only homes, Govezhda is very remote and a couple of minutes and he should come provides few opportunities for reintegration. into the office alone. After the lawyer left The residents are only allowed to leave the the building, Boris Daskalov was reportedly institution and visit the village if questioned about a theft of a cassette- accompanied by a staff member. player from a car belonging to an officer, but refused to make any statements without his lawyer being present. Boris

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Daskalov was then reportedly handcuffed treatment had been ineffective. The Court with his arms around his legs, a wooden noted that the same prosecutor who dealt stick was inserted between his arms and with the criminal case against Girgina knees and he was suspended between two Toteva failed to undertake an independent chairs. Boris Daskalov was then reportedly verification of her allegations of ill- beaten on the soles of his feet with rubber treatment, stating: “He entrusted the truncheons and a piece of cloth placed in verification to the same police officer who his mouth to silence him. Later he was had dealt with the inquiry against the beaten on the back and he signed a applicant, had testified in the criminal case statement that had been written by the against her, and was the hierarchical police. He was released the following day superior of the officers who had allegedly and threatened with re-arrest and beatings beaten [Girgina Toteva]”. if he should complain about the treatment he had been subjected to. Boris Daskalov Police ill-treatment of Roma obtained a forensic medical certificate for the injuries he had suffered and filed a According to reports received from the complaint with the military prosecutor. In Romani Baht Foundation and the European April it was reported that the Ministry of Roma Rights Center, both non- Interior Inspectorate had initiated governmental organizations, on 16 January disciplinary proceedings against four police at about 4.30pm two police officers officers involved in the reported torture of approached Assen Zarev, a Romani man Boris Daskalov. who was playing with his five children, in front of his house in the Fakulteta The case of Girgina Toteva (update to AI neighbourhood in the capital, Sofia. The Index: EUR 15/18/96) officers, who had a dog, asked Assen Zarev about the whereabouts of some men Investigations into most complaints did not suspected of cutting down a tree in the appear to be thorough and impartial. For near-by woods. When Assen Zarev told the some of the victims redress from the officers that he did not know anything European Court of Human Rights came too about such men the officers reportedly late. In May the Court adopted a ruling in unleashed their dog and set him to attack the case of Girgina Toteva, who had Assen Zarev, who as a result was bitten complained that in 1995 she had been twice in the right buttock and left thigh. The beaten in a police station in Sevlievo, where officers then reportedly hit Assen Zarev all she had been called after a dispute with a over the body, threatened to shoot him, neighbour. She was 67 at the time. and took him to the woods where the ill- Following her complaint about the ill- treatment continued. A group of people treatment she was charged with causing a from the neighbourhood, mostly women, police officer a moderate bodily injury and followed the police to protest about Assen sentenced her to six months’ suspended Zarev’s treatment. The officers reported imprisonment. Over the years, AI had fired warning shots from their guns in order repeatedly called on the Bulgarian to disperse the crowd and subsequently authorities to thoroughly and impartially released Assen Zarev. Subsequently the investigate the reported beating of Girgina police officers stated that some of the Roma Toteva, who died in August 2003 of an had assaulted them. Assen Zarev later illness unrelated to the alleged ill-treatment. obtained a forensic medical certificate, The Court found that there had been a describing injuries consistent with the violation of Article 3 (prohibition of torture) allegations of ill-treatment. of the European Convention on Human Rights in that Girgina Toteva had been A second incident in this neighbourhood of subjected to inhuman and degrading Sofia took place on 20 January, at around treatment by police officers and that the 6am, when 16 officers carried out a search investigation into her allegations of ill- of some houses and reportedly indiscriminately arrested 17 men who were

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taken to the Third Police Station for Rights and the UN Committee against questioning, whilst being subjected to Torture (see below). verbal abuse. They were released later that day. In the course of their action the police Excessive use of firearms reportedly forced their way into three houses which were unoccupied at the time According to information received from the and broke windows and damaged the Human Rights Project (HRP), a local non- furniture and household appliances. The governmental organization, on 27 March in operation was reportedly carried out to Plovdiv at around 3am K.S., 4 a 25-year-old detain men who had allegedly assaulted the Romani man, was shot in the head by a officers who arrested Assen Zarev on 16 police officer from the Sixth District Police January. The Sofia Regional Prosecutor has Station. Earlier the police had reportedly reportedly initiated an investigation into the begun an operation to apprehend drug ill-treatment complaint of Assen Zarev and traffickers. After a police patrol observed the police action of 20 January. K.S., who reportedly refused to stop for an identity check, an officer pursued him. Other assaults on, and discrimination According to a police statement the officer against, Roma fired a warning shot but K.S. refused to stop running. When the officer caught up The Romani Baht Foundation also reported with K.S., the latter reportedly threatened an increased number of racist assaults on him with a kitchen knife and so the officer Roma in Sofia in the period under review. shot K.S. in the head, killing him. A The assaults were usually perpetrated by newspaper account alleged that two police youths belonging to skinhead groups, aged officers were involved in the incident. between 16 and 23. In one such incident which took place on 30 April, Georgi The Ministry of the Interior initiated an Angelov, a Romani man, was reportedly investigation into the incident and brutally beaten by two men who cut off his temporarily suspended two officers from ear with a razor blade. This and similar duty reportedly “because of the stress that incidents were reportedly not effectively they had suffered.” A police statement investigated. Local human rights referred to K.S. as a known drugs dealer organizations have called for better policing with a criminal record. However, K.S.’s in Romani neighbourhoods and known family told HRP activists that the young meeting-places of skinheads. Romani man had been arrested only once In January the European Commission four years earlier for possession of 11 against Racism and Intolerance (ECRI) marijuana cigarettes. His dependency on published its third report examining racism, drugs was known to the family and on the xenophobia, anti-Semitism and intolerance night of the incident he had been given in Bulgaria. The Commission concluded that some money to purchase a small quantity there were still stereotypes, prejudices and for his own consumption. K.S. had never discrimination against minority groups, been involved in any violence and was not particularly Roma, as well as against known to carry a knife or any other arms. immigrants, refugees and asylum-seekers. ECRI was also concerned about the On 26 February the European Court of excessive use of firearms and force by the Human Rights (Court) published its ruling in police against Roma (see below). In the the case of Nachova vs. Bulgaria. It report ECRI also highlighted the problem of concerns an incident which occurred in July segregation of Roma children in schools. 1996 in the village of Lesura, when a During the period under review other major of the military police shot and killed international bodies also expressed concern Kancho Angelov and Kiril Petkov, two about discrimination against Roma, unarmed Romani men who had left their including the European Court of Human 4 His full name is known to AI but withheld to protect his identity

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army unit without permission (see Bulgaria: enforcement officials. The authorities Growing incidence of unlawful use of should also establish “an effective, reliable firearms by law enforcement officials, AI and independent complaint system to Index: EUR 15/12/97). The official initiate and undertake prompt and impartial investigation by the Bulgarian authorities investigations into all allegations of ill- found that the use of firearms had been treatment or torture and to punish those lawful. The Court unanimously found the found responsible”. The Committee Bulgarian state responsible for the deaths requested to be provided within a year of the two men as well as the failure to detailed information on a number of issues, conduct an effective official investigation, in including statistical data regarding reported violation of Article 2 (the right to life) of the cases of ill-treatment, and the results of the European Convention on Human Rights. For investigations. the first time in its history, the Court found a violation of the provision of Article 14 CPT publishes two reports (prohibition of racial discrimination) in conjunction with Article 2, stating that the As noted above, in June the CPT published Bulgarian authorities "failed in their duty ... two reports on their visits to Bulgaria in to take all possible steps to establish April 2002 and December 2003. In the whether or not discriminatory attitudes may course of the first visit the CPT received a have played a role" in shooting of the two considerable number of allegations that Romani men. detainees had been ill-treated by the police. “Most of the alleged ill-treatment related to Concluding observations of the UN the time of initial questioning by operational Committee Against Torture police officers and inquiry officers, and was reportedly aimed at the obtaining of In May the UN Committee Against Torture confessions and/or information. Some considered Bulgaria’s third periodic report allegations were also heard of the under the Convention Against Torture and disproportionate use of force at the time of Other Cruel, Inhuman or Degrading apprehension.” A striking number of Treatment or Punishment. The Committee, allegations of severe ill-treatment among others things, expressed concern concerned the Third District Police about “numerous allegations of ill- Directorate in Sofia. A subsequent inquiry treatment of persons in custody that may by the Bulgarian authorities into the amount to torture, in particular during interrogation methods used in this police interviews, which disproportionately establishment brought to light a number of affect the Roma and the lack of an violations, which led to some disciplinary independent system to investigate sanctions and recommendations. complaints, and that allegations of ill- treatment are not always investigated The CPT found that conditions of detention promptly and impartially…” The Committee in the police stations visited remained was also concerned about the poor inadequate. Although some improvements conditions in detention facilities “in were observed in the investigation particular in investigative detention facilities, detention facilities, under the authority of some of which are still underground or lack the Ministry of Justice, the CPT was basic facilities for outdoor activities, where concerned that most detainees continued to persons can be held up to two years, and spend months on end locked up in the lack of independent inspections of such overcrowded cells 24 hours a day. places”. In extensive recommendations addressed to the government the With regard to prisons, the CPT remained committee advised that legal safeguard concerned about overcrowding and the against ill-treatment should be shortage of work and other activities for the strengthened and greater efforts directed to prisoners. The CPT called for immediate reducing incidents of ill-treatment by law steps to improve conditions of detention of

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prisoners with life sentences at Pleven irrespective of their ethnic origin; the Prison. provision of fair and adequate compensation for the victims. It also called on the authorities to fully cooperate with the International Criminal Tribunal for the CROATIA former Yugoslavia (Tribunal), ensuring that all indicted persons present on Croatian General and political developments territory were arrested and transferred to the Tribunal's custody. In April the European Commission issued a positive opinion (avis) on Croatia's The authorities were also requested to candidacy to join the European Union (EU), ensure the protection of ethnic and other noting however that further progress was minorities, inter alia, by undertaking all needed in the areas of minority rights, effective measures to prosecute and punish refugee returns, judiciary reform, regional all violent acts against these individuals, cooperation and the fight against corruption. establishing programmes to increase In June Croatia was officially granted EU awareness raising, preventing and candidate status at the European Council combating this form of violence, including summit in Brussels. While no target date for in the training of law-enforcement officials accession was set, negotiations are and other relevant professional groups. expected to begin in early 2005. The Committee called on the authorities to A new Foreigners Act entered into force in refrain from detaining asylum-seekers and January, regulating the position of foreign undocumented migrants for prolonged citizens in Croatia, and a new law defining periods; to adopt all necessary measures to the procedures to apply for asylum in improve the material conditions of reception Croatia, already adopted by the Croatian centres for asylum-seekers and immigrants; Parliament, was expected to enter into and to ensure the physical and force in July 2004. psychological integrity of all individuals accommodated in these centres. UN Committee against Torture Moreover, the Committee recommended In May the UN Committee against Torture that the authorities increase the protection (Committee) considered Croatia's third of children and young adults placed in periodic report on measures to give effect social care institutions, inter alia, by to the rights enshrined in the Convention ensuring that violent acts are reported and against Torture and Other Cruel, Inhuman investigated; providing support and or Degrading Treatment or Punishment. treatment for children and young adults Prior to this examination AI had submitted with psychological problems; and ensuring a written briefing to the Committee, that these institutions employ trained detailing its concerns about issues related personnel, such as social workers, to torture and other forms of cruel, psychologists and teachers. inhuman or degrading treatment or punishment (see AI Index: EUR War-time human rights violations 64/001/2004). International prosecutions In its conclusions and recommendations, the Committee called on the Croatian In February Ivan Cermak, former authorities to take effective measures to Commander of the Knin Garrison of the ensure impartial, full and prompt Croatian Army and Mladen Markac, former investigations into all allegations of torture Commander of the Special Police of the and other cruel, inhuman or degrading Ministry of the Interior of the Republic of treatment; the prosecution and punishment Croatia, were indicted by the Tribunal for of the perpetrators as appropriate and

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crimes against humanity and violations of Domestic prosecutions and compensation the laws or customs of war committed in to victims of war-related human rights 1995 against the non-Croat population violations during Operation "Storm". The suspects voluntarily surrendered to the Tribunal in Several trials for war crimes continued or March. started before local courts, mostly against Croatian Serbs. Between January and June, In May the Tribunal indicted former according to data provided by the Croatian Army General Mirko Norac for his Organization for Security and Co-operation alleged individual and superior criminal in Europe’s Mission to Croatia, 19 of 20 responsibility for crimes against humanity people arrested, 137 of 148 under and violations of the laws or customs of war investigation, three of three indicted, 83 of committed in 1993 against the non-Croat 102 on trial, and 10 of 12 people convicted population in the Medak Pocket. Mirko were Serbs. Some proceedings, particularly Norac is currently in detention in Croatia those against Croatian Serb suspects, which after having being convicted in 2003 by the in some cases were conducted in absentia, Rijeka County Court for war crimes against did not meet internationally recognized non-Croat civilians committed in 1991 in standards of fairness. the Gospic area. In January an investigation begun in 2003 In March the Tribunal sentenced former of three suspects arrested on suspicion of Yugoslav Navy Admiral Miodrag Jokic to involvement, as former members of the seven years' imprisonment for his role in Croatian Army, in human rights violations the shelling of Dubrovnik's old town. In against the non-Croat population in Sisak 2003 Miodrag Jokic had pleaded guilty to all was terminated for lack of evidence at the counts of war crimes he was charged with. request of the County Prosecutor's Office in Sisak. In June Milan Babic, former President of the self-proclaimed autonomous Republic of the In April the Osijek County Court sentenced Serbian Krajina (Republika Srpska Krajina), former member of the Croatian Army Nikola was sentenced by the Tribunal to 13 years' Ivankovic to 12 years' imprisonment for imprisonment for crimes against humanity war crimes against Croatian Serb civilians committed against the non-Serbian in Paulin Dvor near Osijek in December population in 1991-1992, after having 1991. A second defendant was acquitted. entered a guilty plea to the charge of persecutions. In May the Croatian Supreme Court Former Croatian General Ante Gotovina, quashed a ruling by the Bjelovar County charged with crimes against humanity and Court which had acquitted three former war crimes committed against the Krajina Croatian police officers and one police Croatian Serb population in 1995, continued officer still in service of charges of killing six to remain at large. captured Yugoslav Army reservists in 1991. Reportedly the Supreme Court requested A trial started in March at the Special War that the suspects should be retried and Crimes Court in the Serbian capital of additional witnesses heard during the Belgrade against six defendants charged for proceedings. war crimes against the Croat population committed in 1991 in Vukovar, Croatia. In Also in May the Croatian police arrested a May the Special Court indicted 12 new Bosnian Croat on suspicion that in 1993 he suspects in connection with war crimes committed war crimes against the Bosniak committed at the Ovcara farm after the fall (Bosnian Muslim) population in the village of Vukovar. of Ahmici, in central Bosnia-Herzegovina.

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In April the Croatian authorities agreed to returned to Croatia (this figure includes also pay approximately 73,000 Euros in ethnic Croats who had fled to third compensation to the family of former countries). UNHCR figures put the number Croatian policeman Milan Levar for failing to of refugees and internally displaced persons provide adequate police protection. Milan who returned to their homes in the first Levar was killed in 2000 as a result of a four months of the year at approximately bomb explosion in the garden of his house 3,200. However, tens of thousands of in Gospic. The bomb was apparently Croatian Serbs could not return and many planted in retaliation for his widely returns were not sustainable. publicized statements implicating local Croatian military and police officers in the While the Croatian authorities had pledged killings of Croatian Serbs in Gospic in 1991, to return illegally occupied property by the and his open cooperation with Tribunal end of June 2004 and other occupied investigators. To date, the perpetrators of property by the end of 2004, the his murder have not been identified. repossession rate continued to remain slow. Many Croatian Serbs, especially those who In April the Croatian government stated formerly lived in urban areas, could not that it would pay compensation amounting return because they had lost their tenancy to approximately 198,000 Euros to the two rights to socially owned apartments. surviving members of the Zec family. Lengthy and in some cases unfair Croatian Serbs Mihajlo Zec, his wife Marija proceedings, particularly in lower level and his daughter Aleksandra were killed in courts, continued to remain a major Zagreb allegedly by members of the problem for returnees pursuing their rights Croatian police in 1991, at the beginning of in court. Moreover, Croatian Serbs the conflict. In 1992 the suspected continued to face discrimination in perpetrators of the murder were acquitted employment and access to other economic by the Zagreb County Court reportedly and social rights. because their confession was not considered to be admissible in court since it was given to the investigative judge in the absence of their legal representatives. CYPRUS

Unresolved "disappearances" EU accession

The Croatian Government Office for Missing AI wrote to the president of the Republic of and Detained Persons was still searching for Cyprus on the occasion of the country’s over 1,200 people who "disappeared" entry into the European Union (EU) in May. during the first phase of the 1991-95 It was noted that EU membership would conflict. This figure does not include people, entail challenges for the government in the mostly Croatian Serbs, who "disappeared" areas of human rights protection, in during operations "Storm" and "Flash" in particular in the area of immigration and 1995. The perpetrators of such refugees. In this respect, AI also noted the "disappearances" largely continued to enjoy concerns expressed by the Council of impunity. Europe’s Commissioner for Human Rights in the report published on 12 February Right to return following his visit to Cyprus, especially as regards penal institutions, migration and Approximately 320,000 Croatian Serbs left anti-discrimination policies. Croatia during the 1991-95 conflict. According to data provided by the United Pre-trial detention Nations High Commissioner for Refugees (UNHCR), at the end of April 2004, a total AI wrote to the authorities seeking further of approximately 125,000 refugees had information on the death in custody, which was subsequently clarified as suicide, of

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Ionis Ambrosiades, aged 29, on 12 May, 19 March which adjusts the Ombudsman’s while he was in custody at the Limassol mandate to widen their ability to deal with police offices. The organization urged the issues of discrimination. No statistical or authorities to conduct a thorough, prompt other information about complaints of and impartial investigation to determine the discrimination received have been full circumstances surrounding his death in forwarded to the Ombudswoman as yet, but custody, and to prevent future similar the government ensured AI that monitoring incidents. and reporting mechanisms to deal with discrimination complaints have been set up During the period under review legislation through these laws. was before parliament on safeguarding the rights of people under arrest, including their AI also enquired into the structure of the right to contact immediately -- by phone, in recently established refugee authority, person and in private -- a lawyer of their which since January 2002 has taken over own choice and any other person they may responsibility from the United Nations High wish, to be medically examined in private Commissioner for Refugees for processing by a doctor of their choice, and to be asylum applications. AI raised concerns informed of their rights in a language they regarding the criminalization of foreigners’ understand. AI welcomed the legislation as entry into and residence in the territory of an improvement in terms of securing rights the Republic, and the lack of a clear plan of that previously had been lacking and asked action against trafficking in human beings. the government to keep it informed regarding the progress of approval and AI received reports that on 20, 22 and 24 implementation of this legislation. April and on 18 May Greek-Cypriot policemen stripped and searched Turkish- Racism, discrimination and Cypriots trying to cross the Ledra Palace xenophobia checkpoint on the Green Line in Nicosia and that on two of these occasions, Turkish- AI remained concerned about the treatment Cypriots were beaten and in one case the of migrants and asylum-seekers. The belongings of the individual in question organization has in the past received were confiscated, even though on none of reports of ill-treatment of migrants by those occasions were charges pressed. The police and urged the authorities to take all organization has also learnt that when measures to ensure that migrants are questioned about these practices, the protected from ill-treatment and policemen at the checkpoint said that the discrimination and from any other form of stop and search procedures were carried xenophobic or racist attack. out on the basis of instructions received by officials higher up in the hierarchy. The AI noted the passing of new legislation on organization expressed its concern that combating xenophobia and intolerance, and these incidents may have constituted a asked the government for information policy to intimidate and discriminate against about its provisions. In a letter dated 14 Turkish-Cypriots. Should the allegations July, the Deputy Minister to the President that a policy of harassing Turkish-Cypriots replied that that “The Combating of Racism at the checkpoints with a view to and Other Discrimination (Commissioner) deliberately humiliating them prove correct, Law” (Law No 42(I) of 19 March 2004) such a policy would constitute cruel and entered into force on 1 May and that this degrading behaviour and would be in law vests the Ombudsman with special violation of Article 16(1) of the UN competencies, duties and powers for Convention against Torture and Other Cruel, combating discrimination. In addition, the Inhuman or Degrading Treatment or deputy minister noted the entry into force Punishment, under which states are of “The Commissioner of Administration required to such acts when committed “by (Amendment) Law” (Law No 36(I)/04) on or at the instigation of or with the consent

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or acquiescence of a public official or other arrived at school to find the message “Matsi person acting in an official capacity”. The Seventh [of the seventh form], NO will be written in your blood” (??ts? ?ßd?µe t? Due diligence ??? ?a ??afte? µe t? a?µa s??) scrawled on the wall of the school. On the following day AI expressed concern that during April, a journalist who publicized the incident in following the president of the Republic’s the Greek Cypriot daily Politis (Citizen) endorsement of a ‘no’ vote in the referenda received a threatening phone call by a to support the plan proposed on 31 March group referring to themselves as 24 April: by the UN Secretary General for a English School Section (24? ?p??????: comprehensive settlement to the Cyprus ?µ?da t?? English School, who claimed problem, the government and state that Stefanos Matsis would be “the first authorities had failed to act in a way that victim after the referendum”. Following showed due diligence in carrying out its these complaints an investigation has been duty to respect, protect, and defend the initiated. right to freedom of expression. For example, the organization received a series of Given that the threatening graffiti also allegations that during the week prior to the appeared alongside the phrase “A good Greek-Cypriot referendum there was an Turk is a dead Turk”, AI considered these escalation in attempts to intimidate activities to be examples of advocacy of individuals into voting ‘no’: civil servants national hatred and to be inciting violence. and policemen were said to have been AI received additional reports of physical given memoranda falsely claiming that the abuse of individuals, related to prominent salaries and pensions of those working in ‘yes’ supporters, by both state agents and federal state institutions could not be non-state actors. In this respect, the guaranteed and that some civil servants organization drew the authorities’ attention received phone calls threatening them that to Article 20(2) of the International they would lose their jobs if they supported Covenant on Civil and Political Rights, which a ‘yes’ position. AI was concerned that the states: “Any advocacy of national, racial or government’s failure to address religious hatred that constitutes incitement perpetrators of such activities with to discrimination, hostility or violence shall sufficient vigour and due diligence resulted be prohibited by law.” The organization in human rights abuses outlined below. asked the government to detail how the Republic of Cyprus has implemented the AI was informed that while several acts of provisions of this article, given that it has violence took place against supporters of signed and ratified the Covenant. the ‘yes’ campaign (including the smashing of car windows, vandalization of property, The organization called on the police and physical attacks) the police authorities of the Republic of Cyprus to departments responsible made no arrests carry out thorough, prompt and impartial during this period, except in the case of a investigations into all the cases mentioned ‘yes’ supporter reportedly arrested for above, and to ensure that perpetrators of placing ‘yes’ stickers in public places. In human rights violations and abuses are particular, the organization has received brought to justice and that police reports that children of individuals authorities receive proper training in order prominent in the ‘yes’ campaign have been to eradicate discriminatory and cruel or targeted for abuse. Symeon Matsis, a degrading behaviour, including towards Cypriot national resident in Nicosia, Turkish-Cypriots. reported that his son, Stefanos, aged 18, received threats against his life after it was made known that Symeon Matsis was an active campaigner in south Cyprus for the CZECH REPUBLIC acceptance of the plan. Symeon Matsis reported that on 21 April Stefanos Matsis

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Racist violence On 14 April Martin Stiskala assaulted a 19- year-old Romani man in front of a A number of incidents of racist assaults on restaurant in Jesenik. Stiskala began by members of the Romani minority have been shouting racist insults and spitting on the reported in the period under review. Some ground. He then reportedly pushed to the had reportedly been perpetrated by ground and kicked the Romani youth who extremist youth who had previously been managed to hold Stiskala until the police convicted for similar offences and arrived and detained him. The Jesenik sentenced to apparently inappropriately district court reportedly sentenced Stiskala light punishment. on 8 June to a two-year suspended sentence for a racially motivated assault. In January, Petr Blajze, Martin Jaš and Martin Stiskala were convicted by the court ECRI report in Jesenik to a suspended sentence of three years’ imprisonment for assaulting a In June the European Commission against Romani couple in their home on 28 June Racism and Intolerance (ECRI) published its 2003. The three youths came to the home third report on the Czech Republic and of the Ziga family and ordered them to welcomed the government efforts to fight open the door, saying that they were police against racial discrimination, specifically officers. When Lýdie Zigová, who was 21 noting the national plan for the integration and pregnant, opened the door she was hit of Roma into society. However, ECRI was in the face with a cobblestone, and, as a concerned that a number of result, permanently lost sight in the injured recommendations made in its second report eye. Jan Ziga was assaulted with a broken had not been implemented, particularly in bottle and suffered cuts to his face and combating discrimination and inequality at chest. the local level. ECRI stated: “There have been few detectable improvements in the According to information received from the situation of Roma whose marginalisation European Roma Rights Centre, a regional from mainstream society continues to take non-governmental organization, two week physical form through their ghettoisation after this conviction, Martin Stiskala and a into substandard housing complexes on the several other extremist youths, shouting outskirts of cities. Many Roma children also racist insults, reportedly pursued Jan and continue to be sent to special schools for Lýdie Ziga, whom they met on the street. the mentally disabled and a The Romani couple managed to escape the disproportionately high number are gang by taking refuge in a shop. removed from their families and placed in state institutions or foster care. Racially In yet another incident involving the motivated violence and ill-treatment of convicted youths, on 3 March Petr Blajze Roma by police, including of children, and Martin Jaš assaulted Lukas Tokar, a continue to be problems of concern. young Romani man with a mental disability, Furthermore, ECRI raises a number of at a bus station. Blajze and Jaš called Tokar issues as regards asylum seekers and “a black monkey”. Jaš then reportedly migrants, such as the concerning issue of punched Tokar in the face causing him to the detention of children.” fall to the ground, and proceeded to kick him in the chest and threatened to kill him ECRI recommended, among other things, if he should report the incident to the police. “urgent measures to prevent further Tokar was later taken to a hospital where evictions in the sphere of housing and to he received treatment for broken nose. re-integrate Roma communities into Police subsequently detained Blajze and Jaš, mainstream society, including measures who were reportedly charged in connection aimed at placing Roma children into regular with the assault. schools”. ECRI also appealed on the authorities to more effectively combat racially motivated violence, including

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measures to more effectively implement excessive use of force related to the criminal law provisions. ECRI furthermore International Monetary Fund/World Bank urged the authorities to take firm action to Meeting demonstrations of September 2000, counter the problem of police ill-treatment with a view to bringing those responsible to of members of minority groups and issued justice and providing compensation to the recommendations aimed at ensuring the victims”. rights of asylum seekers and migrants.

UN CAT concluding recommendations FINLAND In May, the United Nations Committee against Torture, after considering the Czech Prisoners of conscience: Republic’s third report, expressed concern imprisonment of conscientious about “the persistent occurrence of acts of objector to military service violence against Roma and the alleged reluctance on the part of the Police to In the period under review, AI called for the provide adequate protection and to immediate and unconditional release of investigate such crimes, despite efforts conscientious objector Eero Herman Salomo made by the State party to counter such Laititen. In February 2003, 20-year-old acts”. Eero Herman Salomo Laitinen had been charged with a civilian service offence as a The Committee also expressed concern result of his refusal to undertake the about “the findings of the investigations mandatory 395 days’ alternative civilian into the excessive use of force by the police service, citing the length of service as a following the demonstrations in Prague reason for his objection. He entered prison during the September 2000 International in January after having been sentenced to Monetary Fund (IMF)/World Bank (WB) 197 days’ imprisonment. Meeting, according to which only one case qualified as a criminal offence” (see New legislation, in force since 1998, Concerns in Europe: July to December 2000, considerably reduced the length of military AI Index EUR 01/001/2001, and Concerns service. The length of alternative civilian in Europe: January to June 2001, AI Index: service, however, remained more than EUR 01/003/2001). double the length of military service performed by over 50 per cent of army The Committee recommended that the conscripts. AI considered such a length as Czech authorities make greater efforts to punitive and discriminatory, and continued combat racial intolerance and xenophobia, to urge a review of existing legislation, as well as to reduce occurrences of ill- aimed at reducing the length of alternative treatment by police and other law civilian service, thereby bringing it into line enforcement officials. The Committee also with internationally-recognized standards reiterated recommendations made in May and recommendations. 2001 urging the authorities to do the Report of the Council of Europe’s following: Committee for the Prevention of Torture “strengthen safeguards provided in the Code of Criminal Procedure against ill- In June the Council of Europe’s Committee treatment and torture, and ensure that, in for the Prevention of Torture and Inhuman law as well as in practice, all persons or Degrading Treatment or Punishment deprived of their liberty be guaranteed and (CPT) published a report5 on its September systematically informed of the right to a 2003 visit to Finland. The government had lawyer and to notify next of kin;”

“review the independence and effectiveness 5 CPT/Inf (2004) 20 of the investigations into complaints of

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previously authorized publication, in October 2003, of the CPT’s preliminary observations of its third periodic visit (see AI Index: EUR 01/001/2004). FRANCE

Deportation of foreign nationals Proposed new measures banning religious symbols in schools The CPT report provided more detailed information about a case involving a In March the French parliament adopted a Ukrainian family, a married couple and their civil law banning “conspicuous” religious 7 two children aged 11 and 12, who in 2002 symbols in state schools. The law bans were the subjects of a deportation “the wearing of signs or uniforms by means operation which lasted three days and of which students conspicuously display involved three attempts to send the family their religious affiliation”. Under the law, back to Ukraine. Prior to deportation, family those who persisted in displaying such signs members were taken to a custody unit for or “uniforms” could be banned from state aliens in Helsinki where they were schools in the event of a preceding process administered sedating and neuroleptic of dialogue breaking down. medication without proper examination by a doctor. The CPT further established that no Directed against conspicuous religious information about the deportation operation display of any kind, the new law is a was available from the unit’s register. reinforcement of already existing Describing the approach taken in this case constitutional law, as well as a series of as unacceptable, the CPT requested that it preceding laws and measures which, from be informed about the results of the the nineteenth century, have established inquiries conducted by the Finnish and protected the secularity of primary authorities. It also emphasized that the state education. For many years there has administration of medication to persons been a ban on “conspicuous religious signs” subject to a deportation order must always in state schools, including the wearing of be carried out on the basis of a medical large crucifixes, or display of crucifixes. decision taken in respect of each particular case; this implies that the persons However, discussion about the new law has concerned must be physically seen and created much controversy. While the large examined by a medical doctor. majority in favour of the ban include teachers, various feminist, and anti-racist On a more general note, the CPT found that groups, and a number of Muslim groups, there was no coherent set of regulations or including Muslim women, it has been widely instructions relating to the manner in which understood by others as a measure deportation orders concerning foreign specifically targeted at marginalising nationals are enforced, and heard claims Muslims and at the growing practice of from various sources of “highly wearing the Muslim hijab, and as being, questionable” practices. The CPT therefore, discriminatory in effect, if not in recommended that detailed instructions on theory. the procedure to be followed and, more particularly, on the use of force and/or AI is concerned that the law could have means of restraint authorised in the context negative implications for the exercise of of deportation operations, be issued without freedom of religion, expression and other delay, drawing upon the principles set out basic rights, such as the right to education. in the CPT’s 13th General Report 6 The organization believes that concern for concerning the deportation of foreign nationals by air. 7 Loi no. 2004-228 du 15 mars 2004 encadrant, en application du principle de laïcité, le port de signes ou de tenues manifestant une appartenance 6 CPT/Inf (2003) 35 religieuse dans les écoles, colleges et lycées publics

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the protection of the secular nature of the certain asylum-seekers who worked as French Republic should not override the unauthorised street vendors (vendeurs à la fundamental rights of women and girls to sauvette), but were not always able, or express their conscientiously held beliefs or refused, to give it to him. Sukhwinder Singh identity; and that the new law could have a submitted a complaint about ill-treatment disproportionate impact on Muslim girls who to the Inspection générale des services wear the hijab if schools decided to apply (IGS) in April. the law strictly. The Education Minister announced in March that he would meet In May an independent police and prison leaders of all concerned religious groups to oversight body, the Commission nationale see if compromises could be worked out de déontologie de la sécurité (CNDS), within the new law. published its annual report for 2003. The report noted a steep rise in complaints of Racist or race-related attacks police abuse and violence (it investigated 70, compared to 40, and less in previous Racist or race-related attacks continued to years, and urged major structural reforms take place. In January the Union of Jewish in the police response. 8 The trend was Students of France (UEJF) condemned borne out by a recorded rise, for the sixth recent acts of racism against Jews and consecutive year, of 9.10 per cent in highlighted three recent attacks: one on a complaints both to the “police’s police” for teenage boy at an ice rink in Paris; a fire at Paris and its inner suburbs, the IGS, and to a Jewish school and the throwing of stones the Inspection générale de la police at a synagogue in Strasbourg. Since then nationale (IGPN), which covers France as a there have been acts of racist vandalism in whole. Among the cases were some both Jewish and Muslim cemeteries. There involving the frontier police (police aux were also fresh allegations of ill-treatment frontières – PAF). Pierre Truche, former of asylum seekers by state agents. president of the Court of Cassation and current president of the CNDS stated that, In April an asylum seeker called as regards victims of police violence, he Sukhwinder Singh was reportedly beaten was struck by the “statistical frequency” brutally by a police officer in the 18th (“fréquence statistique”) of cases of police arrondissement, or Goutte d’Or area, of violence involving foreigners, or of people Paris as the result of an argument. A with foreign names, although the woman, who was accompanied by a child Commission warned that, while it was and had witnessed the incident, was premature to conclude that there was a reportedly thrown to the ground by police problem of racism in the police force, it when she tried to intervene and was taken would return to the problem in its next to hospital with a knee injury. Sukhwinder report. Singh’s head was reportedly banged three times against the edge of the bonnet of a Among the cases of concern to the CNDS red Peugeot car, which was dented as a was that of two brothers, Samir and Mounir result. He was then handcuffed and taken Hammoudi, both students of Moroccan to the police station, where he was origin, who were severely beaten by police reportedly punched on the face, stomach, officers in July 2002, both before, and while over the abdomen and liver. Then he was being held at the police station of Saint- told to leave. Once outside he collapsed on Denis (Seine-Saint-Denis). While being held the pavement. A chemist called the in police custody they had to be taken to paramedics and he was taken to the Bichât hospital, where tests were carried out and medical certificates were issued. 8 The cases ranged from allegations of physical ill- treatment by police to allegations of arbitrary police According to reports, Sukhwinder Singh had checks and controls, and arbitrary arrest and use of detention in police custody, or alleged illegal and earlier been ill-treated by the same police excessively violent intrusions by police officers into officer, who was demanding money from private homes.

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three different hospitals for treatment to conditions, lack of activity for a large their injuries. The IGS confirmed that police number of prisoners, growing tensions officers had wrongfully inflicted violence on between staff and prisoners, a sense of them. A judicial inquiry was opened at the exhaustion and frustration among prison court of Bobigny, and the CNDS transmitted officers, and the lack of a real and effective documentary evidence both to the public policy of suicide prevention. It believed that prosecution and the Minister of the Interior. the building of new prisons was not a In a response to the CNDS in 2002, the panacea and that there had to be prompt Minister of the Interior stated that it would and radical action to cut overcrowding and be “premature” to consider disciplinary obtain humane conditions for prisoners. measures, because no definite personal responsibility had been established, given The CPT also revisited its concerns on the number of officers involved in the supervision of police custody. It reiterated attacks – a response which illustrated its disagreement with the French authorities concerns about effective impunity. The about the law denying access to a lawyer CNDS also expressed concern (as has AI) for the first 35 hours in police custody, about the case of a lawyer, Daniel François, stressing that all detainees should have who was held for several hours in police access to a lawyer from the outset of custody after visiting a police station to custody; and also for the right of a lawyer attend to a client (see Amnesty to be present during police questioning, International Report 2003). The CNDS which is not currently permitted. recommended that measures be taken to reinforce protection of lawyers while acting Suspension of prison terms for in the course of their professional duties. seriously ill prisoners

The CNDS report additionally expressed In June Joëlle Aubron, a member of the concern about cases of violence and former armed group Action Directe, was harassment in prisons. released from prison when her life sentence was suspended under a law of March 2002 CPT report on the rights of ill people (commonly called the “Kouchner law”). Under the law, The “recent and alarming” rise in the prisoners’ sentences can be suspended if French prison population - and the related they are critically ill or suffering from a serious overcrowding, inhuman and chronic condition incompatible with their degrading environment and high rate of detention. AI has repeatedly expressed suicides in prisons - is not only, or even concern about the serious health condition mainly, caused by lack of infrastructure, but of other imprisoned members of the group, originates in a more repressive penal policy; such as Nathalie Ménigon, Georges Cipriani and humane prison conditions can only and Jean-Marc Rouillan, whose serious come about as the result of a strategy state of health is linked, in AI’s view, to aimed at a prompt and radical reduction in long periods previously spent in strict overcrowding. This was the message of a isolation. AI had also expressed concern report published in March by the Council of about the health of Alain Solé, who was Europe’s Committee for the Prevention of arrested in 1999 in connection with illegal Torture and Cruel, Inhuman or Degrading activities by a Breton nationalist group, and Treatment or Punishment (CPT). The report who was released under the same law in was concerned in particular with visits July. carried out in June 2003 to the prisons of Loos (Nord Pas-de-Calais), Toulon (Provences-Alpes-Côte d’Azur) and Clairvaux (Aube). GEORGIA

The CPT was concerned, among other things, about insalubrious and unsafe

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Torture and ill-treatment in police custody AI is also concerned about the death in custody of Khvicha Kvirikashvili, who died AI continued to receive reports about on 23 May shortly after he had been taken torture and ill-treatment in Georgia. In one home by police officers following such case the defendant died in custody. questioning in the police station of Gldani- For example, according to several non- Nadzaladevi district in Tbilisi. He had been governmental sources, former Deputy accused of committing a burglary on 22 Defence Minister Giorgi Vashakidze and his May. An investigation into his death was associates Eldar Gogberashvili and opened and, according to a councillor at the Beniamin Saneblidze were taken to Tbilisi City procuracy as reported by Black Saburtalo cemetery following their Sea Press on 25 June, has established that detention on 10 January and Giorgi Khvicha Kvirikashvili was beaten in the Vashakidze’s associates were reportedly police station. In June Vake-Saburtalo beaten in front of him. The three were district court sanctioned the preliminary accused of involvement in the 5 December detention for three months of Mr Minadze 2003 kidnapping of Tamaz Maglakelidze, a (first name not known to AI), an officer co-chairman of the supervisory board of the Gldani-Nadzeladevi district police, in United Bank of Georgia. On the morning of connection with Khvicha Kvirikashvili’s 11 January the men were taken to Tbilisi death. The investigation was believed to be City police station where Eldar ongoing at the end of the period under Gogberashvili and Beniamin Saneblidze review. reportedly continued to be beaten and Beniamin Saneblidze was said to have been Excessive use of force by police and given electric shocks to his head and hands. prison officers Following their bail hearings on 12 January in Vake-Saburtalo district court, Eldar AI was also concerned about the excessive Gogberashvili and Beniamin Saneblidze use of force by police in several operations were returned to the police station in conducted in the period under review. The contravention of domestic law (Article 85 of concern was heightened by statements the Law on Imprisonment) and Eldar made by President Mikhail Saakashvili and Gogberashvili reportedly signed a other senior government officials confession statement following physical and apparently encouraging the psychological pressure. disproportionate use of force by police or prison personnel, or endorsing police As a result of the ill-treatment, Beniamin operations where excessive force had taken Saneblidze was reportedly unable to sit up, place. had difficulties breathing, and there were strong indications that his nose and some For example, at a news briefing on 12 of his ribs may have been broken. The January broadcast by Imedi TV the lawyer who defended Eldar Gogberashvili at President advised the then Justice Minister the time told AI that he saw abrasions on “to use force when dealing with any his hands which, according to his client, attempt to stage prison riots, and to open were traces from the torture with electric fire, shoot to kill and destroy any criminal shocks. The lawyer also saw burns that he who attempts to cause turmoil. We will not thought could have been inflicted by a spare bullets against these people.” cigarette on his client’s legs. On 10 and 11 January respectively, the lawyers of Eldar On 11 January police armed with Gogberashvili and Beniamin Saneblidze truncheons used excessive force while asked for a medical examination of their breaking up an unauthorized demonstration clients. However, the examinations were of some 200 demonstrators blocking a main reportedly only conducted more than two road in Terdzhola district in Imereti region. weeks later. The demonstrators were peacefully

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protesting against the recent detention of civilian clothes (possibly a police officer in Zaza Ambroladze, a resident of the region plainclothes). charged with illegal possession of firearms. AI viewed footage showing dozens of AI noted that in all police operations people being kicked and beaten by police. mentioned above many of the officers were One man, for example, who was already on masked and no name tags and/or the ground putting up no defence, was identification numbers were visible. The kicked by four law enforcement officers. police officers who were unmasked Another man, while being detained, was hit reportedly did not wear any clearly visible by several police officers with truncheons. name tags and/or identification numbers either. In addition, in both cases men in The following day Imedi TV broadcast a civilian clothes who may have been police statement by President Mikhail Saakashvili officers but had no visible sign of “welcom[ing then Interior Minister] Gia identification joined the law enforcement Baramidze’s fighting spirit and his brave officers in the beatings. Masked special steps” in the conduct of the police operation police without clear name tags and/or against “a certain group of local hooligans”. identification numbers also played a key He added that “everyone who is defending role in dispersing other demonstrations in crime bosses … will be dealt a very hard recent months. blow in their teeth.” An important safeguard against the use of Excessive force was also used by a number excessive force by law enforcement officials of police officers in the course of an and to help ensure that such officials who operation conducted by some 100 law act in violation of international standards do enforcement officers early on 12 March not enjoy impunity, is that officers should which resulted in the detention of defrocked be clearly identifiable at all times, including Georgian Orthodox priest Basil Mkalavishvili while carrying out police operations such as and seven of his supporters. While AI has the dispersal of demonstrations as well as long urged that those involved in attacks on the arrest and detention of suspects. This religious minorities in Georgia be brought to requires, for example, that law enforcement justice (see below), and does not oppose officers should wear clear name tags and/or the reasonable use of force by police in identification numbers and there should be order to maintain public order (video a clear method of tracking identification footage of the operation seen by AI numbers, so that police can be identified for indicates that many of Basil Mkalavishvili’s the purpose of investigating incidents of followers put up violent resistance to the abusive use of force or other human rights police), the organization was seriously violations where they may have been concerned about the way in which police involved. Masks or other means of conducted the operation, including by disguising officers' personal identities beating up several people not putting up should only be used exceptionally, if such any resistance. For example, Imedi TV measures are necessary for the personal footage showed four police officers in protection or security of the officers helmets hitting one man repeatedly on his concerned or similar reasons of necessity; head and neck with truncheons while he in such cases the need for each officer to be was holding both his hands around his head identifiable by such means as a unique to protect himself. Ajaria TV and Imedi TV traceable identification number is showed how a man named Avtandil particularly important. Gabunia was beaten by two masked law enforcement officers in camouflage fatigues Religious minorities or uniform while he was lying on the ground in a defenceless position. Rustavi-2 filmed AI welcomed the detention on 12 March of one man being hit in his neck by a masked Basil Mkalavishvili and seven of his law enforcement officer and a man in supporters suspected of involvement in a series of attacks on religious minorities,

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while expressing concern about the way in which the police operation was conducted Mechanisms of accountability (see above). The eight men were charged with offences including “illegal hindrance of On 30 April Justice Minister Giorgi the execution of religious rites or other Papuashvili abolished the Independent religious rules and habits” (Article 155 of Council of Public Control of the Penitentiary the Criminal Code). Hundreds of System, which had been set up on 30 perpetrators of attacks on religious January 2002. He announced that a new minorities remained unpunished by the end body, the Advisory Public Council of the of the period under review. Ministry of Justice, should be established. AI was concerned that the statute of this AI was concerned about a statement made new body did not give any details about the by the President following the 12 March right of access to detention facilities and police operation that was broadcast on detainees for members of the Council. Imedi TV: “The Georgian state, not some local extremist who beats and raids people, The Independent Council of Public Control should protect Georgia from harmful alien of the Penitentiary System, whose influence and extremism”. Such a members included representatives of non- statement clearly contravenes Article 18 of governmental organizations, clergymen and the International Covenant on Civil and public figures, was entitled to “enter the Political Rights, ratified by Georgia in 1994, penitentiary department and all its subject according to which “[e]veryone shall have establishments during working hours” and the right to freedom of thought, conscience “meet with convicts”. In special cases and religion” and to “manifest his religion or Council members were entitled to the above belief in worship, observance, practice and rights beyond working hours. In addition, it teaching”. was stipulated that all Council members could “speak to a detainee in the presence Attackers of Jehovah’s Witnesses of the administration of the pre-trial have their sentences reduced on detention facility provided it is connected appeal (update to information in AI with the protection of the inmate’s rights or Index: EUR 01/001/2004) the prison conditions”.

Following an appeal by the defendants, a Extraditions court in Tbilisi on 5 April reduced the terms of the suspended sentences that had been AI was concerned about a statement made handed down on five members of the by President Saakashvili in an interview radical Jvari (Cross) group – Paata with the Russian radio station Ekho Moskvy Bluashvili, Mamuka Chubabria, Zaal on 10 February, in which he stated that Kevanishvili, Alexander Abzianidze and “those people who were suspected of the Besik Tskhovrebadze – by Rustavi city court terrorist attacks in Moscow have been in November 2003. The sentences of the extradited … and if anybody remained [in first three men were reduced from four to Georgia], give us a list and we’ll find them two years and the charge of “damage or or if we don’t find them, … come and let’s destruction of property” (Article 187 of the find them together, and … let’s throw them Criminal Code) was dropped; the sentences out of Georgia together”. of the latter two were reduced from two years to one year. On 4 November Rustavi In recent years AI has repeatedly raised City Court had found the men guilty of with the Georgian authorities its concern involvement in attacks on Jehovah’s about the extradition of Chechens wanted Witnesses in what was the first prosecution by Russia on “terrorism” charges, because of perpetrators in connection with a series it believed they were at risk of serious of attacks on religious minorities over more human rights violations including torture if than four years. returned to Russia. As a member of the

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Council of Europe and a party to treaties Aslan Abashidze's supporters such as the 1951 Convention relating to the arrested on alleged fabricated Status of Refugees and its 1967 Protocol, charges as well as the European Convention for the Prevention of Torture and Inhuman or In a highly charged case amidst increasing Degrading Treatment or Punishment, tensions between the central government Georgia has obliged itself to refrain from and the authorities of the autonomous deportations or extraditions that put people region of Ajaria two supporters of Ajarian at risk of serious human rights violations. leader Aslan Abashidze, Merab Mikeladze and Lasha Chakhvadze, were detained by Several local human rights activists alleged police on Saburtalo street in Tbilisi on 24 that the Georgian authorities facilitated the February. There were strong indications detention of two Chechens previously held that the two men had beaten up in Georgia – Khusein Alkhanov and Bekhan demonstrators in Batumi who protested Mulkoyev – by officers of the Russian against Aslan Abashidze. However, when Federal Security Service (FSB) on 19 detaining the two in Tbilisi, police charged February. According to reports the two them with illegal possession of weapons, a men were detained by FSB officers in at a charge that AI believed was fabricated. The control post in North Ossetia while case became even more controversial in attempting to cross the Georgian-Russian Georgian public debate when the two men border. However, senior government left for the Ajarian capital of Batumi on 27 officials categorically denied facilitating February following a court ruling the same their detention. The two men, who had day freeing them under the condition that been wanted by Russia on “terrorism” they not leave Tbilisi. Three officials of charges, were among 13 men originally Vake-Saburtalo district police in Tbilisi who detained by Georgian border guards near authorized them to leave Tbilisi on the the village of Girevi in the Akhmeta district condition that they return to the capital for in August 2002. The extradition to Russia of further investigation were charged with five of the 13 in October 2002 led to an “negligence”, and on 9 March Mtatsminda- international outcry. In 2003 Georgian Krtsanisi district court in Tbilisi sanctioned courts refused to extradite Khusein their preliminary detention for three months. Alkhanov and Bekhan Mulkoyev as well as Once in Batumi Merab Mikeladze and Lasha other Chechens detained in August 2002. Chakhvadze refused to return to Tbilisi for On 16 September 2003 the European Court further investigations, alleging the of Human Rights declared admissible an investigation was politically motivated. application against the extradition of the 13 Several non-governmental sources alleged men to Russia following applications lodged that the release of the two Ajarians and the with the court on 4 and 9 October 2002. subsequent detention of the three police Tbilisi regional court sentenced Khusein officers had been politically motivated and Alkhanov and Bekhan Mulkoyev to one reflected the different approaches to the year’s imprisonment on 6 February 2004 for matter by various government authorities resisting prison guards. However, the men in Tbilisi. On 16 March the three police were released from the courtroom as they officers were freed by Mtatsminda-Krtsanisi had already served the terms of their district court but placed under travel sentences. On 16 February local groups restrictions. Shortly after the release of reported the two men had “disappeared”, Merab Mikeladze and Lasha Chakhvadze only one week before a delegation from the two activists of the non-governmental European Court was due to interview them organization (NGO) Kmara! (Enough!) who in Tbilisi. had been detained in Ajaria since 6 January were released by the Ajarian authorities in what several NGO activists called “a deal” between the authorities of the central government and Ajaria.

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journalists or human rights organizations. Clampdown on dissent under Aslan The four were released later that day. Abashidze In another case, early on 5 March journalist Since the so-called “Rose Revolution” of Vakhtang Komakhidze from the Tbilisi office November 2003 (see AI Index: EUR of the TV station Rustavi-2 was severely 01/001/2204) there were increased beaten and kicked by several men who tensions between the central government were believed to have acted on instructions and the authorities of the autonomous of the authorities of the autonomous republic of Ajaria under Aslan Abashidze. republic. He and Mziya Amaglobeli from the Following these, and a series of public independent Ajarian newspaper Batumelebi protests against the Abashidze regime in were working on a programme highly Ajaria, Aslan Abashidze left Batumi for critical of the authorities of Ajaria. The two Moscow on 5 May. The central authorities were stopped near the town of Khelvachauri took control of the region for an interim in Ajaria by traffic police. Suddenly several period and elections were held in the region men, some of them reportedly masked, on 20 June that resulted in an approached their car, pulled Vakhtang overwhelming victory for the party Komakhidze out of the car and allegedly supporting President Saakashvili. beat and kicked him until he lost consciousness. When he opened his eyes While Aslan Abashidze was still in power, AI again he saw that one of the men was was seriously concerned about the taking away his mobile phone and then intensified clampdown on opponents of his Vakhtang Komakhidze was again kicked in regime in Ajaria following the “Rose his face. In the meantime several men were Revolution”. This included the detention preventing Mziya Amaglobeli from leaving and in some cases alleged ill-treatment of the car and searched the car, removing activists critical of Aslan Abashidze and his camera equipment, tapes and money. policies, and ill-treatment and psychological Vakhtang Komakhidze had to be pressure on independent journalists. AI also hospitalized for several days with received numerous reports about the concussion and haemorrhage. excessive use of force by supporters of Aslan Abashidze against demonstrators critical of the authorities of Ajaria. GERMANY

On 21 February Gocha Khvichia and Imeda Tavdgeridze, two members of the youth Allegations of police ill-treatment movement Kmara! that was particularly and excessive use of force vocal in criticizing the Ajarian authorities, were allegedly beaten by Ajarian law In January AI issued a report on the issue enforcement officers at the Ajarian Choloki of police ill-treatment (Back in the Spotlight: checkpoint some 30 kilometres from Batumi. Allegations of police ill-treatment and The two young men and another Kmara! excessive use of force, AI Index: EUR member, Sofiko Pataraya, together with her 23/001/2004). The report highlighted AI’s sister, had been taken off a bus traveling concerns about ongoing allegations of police from Tbilisi to Batumi after the officers had ill-treatment and excessive use of force, found Kmara! leaflets in their bags. All four including against foreign nationals or were locked into a house near the members of ethnic minorities. The report checkpoint. Reportedly, the two young drew attention to the unreasonably women were forced to watch how the two protracted length of criminal investigations men were beaten and kicked by some 20 into allegations of police ill-treatment; the men, some of whom were masked. They reluctance of some prosecuting authorities were threatened not to make contact with to forward cases to the courts; the high incidence of counter-charges brought by police against those who complain; and

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sentences which in some cases do not The appeal against the discontinuation of appear to match the gravity of the crime. the proceedings against the police officers The report recommended that the German involved in allegedly ill-treating Josef Hoss authorities establish an independent body was rejected by the prosecution in Cologne to monitor and investigate complaints of in February A final appeal by Josef Hoss’ serious police misconduct, ill-treatment and lawyer was rejected on 23 April. Josef Hoss excessive use of force throughout the was allegedly ill-treated by police officers of Federal Republic. It called on the the Special Deployment Command on 8 government to maintain and publish regular, December 2000 in St. Augustin near Bonn. uniform and comprehensive statistics on The proceedings against the police officers complaints about misconduct including ill- were discontinued in June 2003. treatment by officers of the regions (Länder) and federal authorities. The report also Alleged ill-treatment of Walter Herrmann urged Germany to immediately sign and ratify the Optional Protocol to the On 3 February the three policemen accused Convention against Torture in order to of allegedly ill-treating Walter Herrmann establish a domestic visiting mechanism to were acquitted by a court in Cologne. The inspect all places of detention in Germany.9 judge found that there was not enough evidence to prove that Walter Herrmann’s The following updates to cases featured in injuries were inflicted deliberately. Walter the report are illustrative of the problem of Herrmann and his lawyer announced their protracted criminal investigations into intention to appeal the judgement. alleged police ill-treatment, and the high incidence of police counter-charges which Death during deportation of Aamir Ageeb contribute to impunity for police officers deemed to have committed human rights Aamir Ageeb died during forced deportation violations. from Frankfurt am Main airport to Khartoum via Cairo on 28 May 1999. Alleged ill-treatment of Svetlana Lauer According to experts he died of asphyxiation as a result of the manner in The proceedings initiated by the Bamberg which he was restrained on the aeroplane. Public Prosecutor’s Office in September Charges of negligent homicide were filed 2003 against Svetlana Lauer for resisting with Frankfurt am Main District Court law enforcement officials, causing bodily (Amtsgericht) against three border police harm to the officers and slander ended in officers in January 2003, and the trial an out of court settlement after she agreed began on 2 February 2004. On 22 March to pay 210 Euros. Svetlana Lauer had the case against them was referred to a alleged that several police officers ill- regional court (Landgericht): the presiding treated her at her home in Hallstadt near judge of the District Court concluded that Bamberg on 20 February 2002. Criminal the charges against the three border police proceedings against the officers were officers had to be upgraded from discontinued and an appeal by Svetlana manslaughter to bodily harm and death. Lauer’s lawyer was rejected in April 2003. Fatal shooting of Rene Bastubbe Alleged ill-treatment of Josef Hoss The Federal Court in Karlsruhe rejected an appeal on 30 June by the prosecution to revise the earlier judgement from October 9 For further information on the Optional Protocol and 2003 which ruled that the police officer had the general principles that AI considers should guide shot Rene Bastubbe in self-defence. the establishment of national preventive mechanisms see Preventing Torture at Home – A Guide to the Establishment of National Preventive Mechanisms , AI Index: IOR/51/2004.

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Germany’s torture debate (update to AI considered that the continuing levels of AI Index: EUR 23/001/2004) discrimination faced by Chechens in the Russian Federation rendered them at Germany continued to go through an genuine risk of human rights violations. unsettling public debate about whether The ongoing application of the residence there were circumstances, including registration system (propiska) further terrorism, in which law enforcement exacerbated the problems faced by officials were permitted to use torture. The Chechens – due to arbitrary identity checks, debate was triggered by events that took restrictions on movement and place of place in Frankfurt am Main police station in residence, and the denial of a range of civil February 2003. Wolfgang Daschner, the rights - and further negated the possibility vice-President of the Frankfurt am Main of an internal relocation alternative. police, ordered a subordinate police officer to use force against a criminal suspect in order to receive information about the GREECE whereabouts of a kidnapped 11-year-old boy. Wolfgang Daschner has publicly defended his actions. On 22 June the Police impunity Regional Court (Landgericht) in Frankfurt ordered that Wolfgang Daschner stand trial AI expressed concerns about the way in on grounds of severe intimidation. The which police investigations into allegations Interior Minister of Hesse, Volker Bouffier, of ill-treatment of two Romani youths by said he saw no reason to suspend Wolfgang police officers were being carried out. On Daschner from his position. Many leading 23 October 2003, the Argostoli First political figures and civil society actors were Instance Court concluded its investigation quick to condemn torture, but the debate into the case of ill-treatment by police also gave rise to attempts by some to authorities in August 2001 of two Romani justify torture – which is prohibited in all youths, who at the time were aged 18 and circumstances under international 16. The court proposed to the Argostoli standards and treaties to which Germany is Judicial Council the indictment of a a party. AI remained concerned about the policeman on a charge of ill-treating one of lack of an active, unequivocal response the youths named Theodoros Stephanou from senior politicians reaffirming and causing him head injuries that included Germany’s commitment to upholding these a bruise on the left side of the forehead and international obligations on the prohibition swelling around the nose. Since then, the of torture. Greek Helsinki Monitor, a human rights non-governmental oganization (NGO), filed Concerns about asylum-seekers and a complaint to the Prosecutor of the refugees Cephalonia Court of Misdemeanours, on behalf of the Romani youths, against 11 police officers involved in the arrest and Refugee status revoked alleged ill-treatment of the two, as well as in the investigation that followed their In 2004 the German authorities continued complaints. As a result of the NGO’s to revoke the status of refugees from complaint, two separate internal Afghanistan, Iraq and from Kosovo. The investigations were ordered, one to be authorities developed plans to deport carried out by the Cephalonia police refugees back to these three places, despite headquarters and one by the Achaia police the fact that the human rights situation headquarters, to investigate allegations of there continued to cause great concern. private data violation by another police Germany also started to return some officer and of collusion between police Chechen asylum-seekers, claiming that officers of the Security Police Department in they had the option of living in safety Argostoli and police officers in the outside of the Chechen Republic. However, Department of Police Administration of

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Patras in absolving the officer of any According to a letter from the Mayor of responsibility for the incident. The internal Maroussi to the Greek Ombudsman’s Office, police investigation relating to the dated 19 February, only 14 families had allegations of ill-treatment of Theodoros been paid by (and including) January; the Stephanou was being carried out as part of remaining 36 families had not been paid the two internal investigations mentioned since November 2003. Furthermore, the above. Mayor of Maroussi noted that he should be in a position “soon” to inform the Roma as AI expressed concerns that the to the plot of land where they would be investigations were assigned to the same relocated. At the same time, however, he police departments whose staff were informed them that no further subsidies alleged to have committed the above would be forthcoming until all the families offences. It also expressed concern that filed loan applications even before the some of the statements made by police Maroussi Municipal Council and the state officers with respect to this investigation Auditor’s Board approved it. In mid-June, contained derogatory remarks about the the Municipality of Maroussi paid all the Roma, suggesting that members of this Romani families subsidies for three months group were more likely to break the law and promised to pay the outstanding than other Greek citizens. Such remarks subsidies either in late June or in early July raise concerns that the ill-treatment 2004. suffered by Theodoros Stephanou and the alleged ill-treatment suffered by the second AI expressed its concern that the Greek youth, Nikos Theodoropoulos might have authorities, by evicting Roma from their been the result of discriminatory treatment, settlement and failing to facilitate their based on their Roma identity. move to alternative accommodation, had acted in violation of the International Eviction of Roma families Covenant on Economic, Social and Cultural Rights which Greece has signed and ratified. Reports were received concerning evictions Such evictions also contravene objective of Romani communities from three 3.c.a of Greece’s Integrated Action Plan for locations in Athens designated for the Social Integration of the Greek Gypsies, transformation into Olympic facilities. which states that “it is anticipated that by the end of 2005 no Greek Rom will be living In one of these cases, in August 2002 the in tents or makeshift accommodation”. municipality of Maroussi offered a contract to 50 Romani families under which it Conditions of detention undertook to pay their rent expenses until suitable permanent accommodation could Reports were received from the National be provided to them, if they were to move Commission of Human Rights about the from an area designated for development conditions of detention in high security as a car park outside the Olympic stadium. prison facilities at Korydallos Prison where The municipality has subsequently failed to some of the convicted members of the “17 honour this contract and the other November” group are held. During a visit to competent state authorities have not the facilities on 21 May, the Commission sought its enforcement. Local human rights reported that the prisoners in question were organizations successfully appealed to the in special facilities where prisoners were Athens Misdemeanors Prosecutor to launch deprived of basic rights. an investigation and a preliminary summary inquiry was initiated. The agreement, which The reports received by Amnesty affects a total of 137 people, guaranteed a International about the conditions of monthly payment for each family with detention of “17 November” prisoners payments varying according to family size. suggested that the prisoners were being held separately from all other prisoners in two isolated groups of seven. Prisoners

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claimed that they had not been allowed to of privacy and undermines international law associate with anyone outside this group and standards. since the beginning of their sentence in November 2003 and that they were being Conscientious objection (update to denied participation in regular prison AI Index: EUR 01/001/2004) activities such as visiting and using the library, exercising in sports fields or in the AI expressed its deep concerns regarding gym, and taking part in work activities. The the punitive nature of alternative civilian cells in which the prisoners were being kept service legislation and practice, particularly as well as the yards in which they exercised about the procedure under which a Special (one for each group) had limited natural Committee provides recommendations light. The yards were fenced off by metal regarding the conferring of 'conscientious walls on all sides and covered by a double objector' status to applicants. This layer of wire mesh on top. Prisoners had committee suggested the blanket rejection pointed out that the metal walls caused the of applications of conscientious objectors on yard to overheat in the summer, which the basis of ideological grounds, such as rendered exercise impossible during this those cited by Dimitris Dimas, who had the period and that the deafening noise committee's rejection recommendation produced by balls bouncing off from the overruled on appeal by the State Council on metal walls rendered exercise effectively 30 December 2002. impossible at all times. Additionally, the yard was not protected from the rain, which AI called for a re-evaluation of the meant that during rainy days in the winter committee's operation in general, including the prisoners were confined to the small its procedures for examining the corridor outside their cells. The lack of applications for conscientious objectors, access to open air, bright daylight and and for the establishment of an alternative exercise in a larger space violates civilian service of a purely civilian nature, international standards as set out in rules outside of the authority of the Ministry of 11 and 21(1) of the UN Standard Minimum Defence. AI repeated its concern that Law Rules for the Treatment of Prisoners and in 2510/97 that regulates the determination of rules 16 and 86 of the European Prison conscientious objector status process lacks Rules. Such lack of access to open air has safeguards in the event of arbitrary or in cases elsewhere led to a variety of subjective recommendations made by the debilitating physical effects in prisoners, committee. In the case of Dimitris Dimas, including generalized muscle wasting. the committee recommended against granting his application, and the Minister of It was also reported that all visits to the Defence subsequently rejected his prisoners were ‘closed’ (i.e. that there was application on 10 August 2001 because the a glass screen separating the prisoner and claimant "did not declare that he belongs to the visitor) and lawyers and prisoners have a known belief dogma (religious, political, claimed that conversations they held over moral or generally ideological) that opposes the telephone during these visits were military service, and did not present his taped. In the case of social visits, views about why he opposes military conversations have also taken place in the service convincingly as part of a general sight and hearing of a prison officer. Such outlook on life and did not present evidence ‘closed’ legal visits undermine the integrity of activities and lifestyle characteristically of the legal profession; if conversations led by ideological convictions that would have been taped, this would be in clear prevent him from carrying out his military violation of international standards. When duties". In another recent case, ‘closed’ visits occur between prisoners and conscientious objector Kyriacos Kapidis their relatives it also causes difficulties in claimed objection on ideological grounds. maintaining long-term family relationships, His application to perform alternative in particular because the deprivation of civilian service was similarly rejected on 5 physical contact is compounded by the lack

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April on virtually identical grounds as those four to three split acquittal verdict. On 5 quoted above. If imprisoned, AI would April the Appeals prosecutor of Patras consider him to be a prisoner of conscience. appealed the acquittal of the policeman. A trial on appeal was set for 21 June. Update on trafficking victim case and police impunity (see AI Index: EUR 01/001/2004) HUNGARY

Developments were noted in the high profile alleged rape case that had Death in custody in suspicious previously raised concerns about the circumstances impunity enjoyed by police officers and the 11 independence of the judiciary in handling On 10 June in Budapest M.S.D., a 27- complaints against police officers. year-old Bulgarian national, died while he was being transported by police from the The judicial authorities had failed to call as court to a detention centre. The previous a prosecution witness a Ukrainian national, day M.S.D., who was reportedly Olga B. 10 , who was reportedly raped by a experiencing drug dependency withdrawal police officer in Amaliada in February 1998. symptoms, was arrested for rowdy In the absence of the victim at the trial, the behaviour on a flight from Amsterdam to court concluded that she had consented to Budapest. According to a spokesperson for sexual intercourse with the police officer the prosecutor who began an investigation and acquitted him of rape, while sentencing into this case, M.S.D. was resisting the him to two years’ imprisonment for breach officers escorting him to the detention of duty. Four other defendants were centre. They then stopped the car and convicted of trafficking for the purposes of pushed him to the ground where he lost prostitution and of procuring or assisting in consciousness. He reportedly died on the trafficking women, and received sentences way to the hospital. An autopsy report of three years’ imprisonment on the first reportedly established that his death had charge and two years’ on the second. been caused by suffocation as a result of being held by the neck when he was The court bailiffs said that they had pushed to the ground. The two officers delivered two summons to Olga B. to involved in the incident have reportedly appear in court to give evidence at the first been suspended from duty. One of them trial but investigations revealed that the was reportedly under investigation by the address to which they allegedly posted the prosecutor for manslaughter. summons was one in which Olga B. had never lived and the people who lived at the ECRI report address testified on oath that they had never seen any bailiffs. Olga B. filed a In June the European Commission against complaint in Patras in September 2003 that Racism and Intolerance (ECRI) published its the two bailiffs had falsely claimed to serve third report on Hungary, welcoming some her the summons. measures in the field of legislation and governmental policy in dealing with the After protests at the failure to call Olga B. problems of racism, intolerance and as a witness in the first trial, a retrial was discrimination. However, ECRI remained held in October 2003. However, the court concerned about continuing reports of reportedly again failed to call her to testify. racially-motivated violence, including police A further trial was subsequently set for ill-treatment. ECRI assessed that the Roma 2004. On 30 March the court returned a minority continues to be “severely disadvantaged in most areas of life,

10 Her full name is known to AI but withheld to protect her identity 11 The victim’s identity was not made public.

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particularly in the fields of health care, police stations with regard to access to housing, employment and education”. ECRI nautral light and ventilation, sleeping was also concerned that “[a]nti-Semitic, arrangements for remand prisoners, and racist, xenophobic and intolerant feelings granting access to toilets at any time of day have been expressed in the media, by some or night. The CPT also recommended that politicians as well as within mainstream all remand prisoners held in police stations society, alongside negative attitudes should be provided with some form of towards migrants and asylum seekers”. In activities as well as at least one hour of its report, ECRI recommended that the outdoor exercise every day. Hungarian authorities to take further action in a number of fields. It appealed for, With regard to the establishments under among other things, “a strengthened the authority of the Ministry of Justice, the implementation of existing criminal law CPT was concerned that overcrowding provisions against racism and the rapid remained one of the most serious problems adoption and implementation of further facing the prison system. Allegations of ill- criminal law provisions to better combat treatment by staff were received from racist expressions”. ECRI also detainees at Unit III of the Budapest recommended a stronger response to Remand Prison. These allegations incidents of police ill-treatment of members concerned beatings of inmates by prison of minority groups. guards in the disciplinary section, and “verbal abuse and other forms of The CPT Report disrespectful or provocative behaviour; it was clear that prisoners were afraid or In June the government authorized the reluctant to speak openly to the delegation publication of the report of the Council of about this subject”. The CPT recommended Europe’s Committee for the Prevention of that the prison management should deliver Torture and Inhuman or Degrading a clear message to custodial staff of this Treatment or Punishment (CPT) following unit that such behaviour is not acceptable its visit to Hungary from 30 May to 4 June and would be dealt with severely. It also 2003. At the time of the visit, people held recommended a review of the training in detention pending trial, were frequently needs of staff, especially in Unit III, urged remanded in police establishments, often the authorities to make additional efforts to for periods of several months, rather than reduce cell/dormitory occupancy rates and in remand prisons where the conditions improve ventilation in Unit III. were notably less austere. This situation was aggravated by the delayed entry into force from January 2003 to January 2005 of the Penal Procedure Code provision ITALY (adopted in 1999), which mandates that pre-trial detention must be carried out in Asylum and immigration (update to remand prisons. AI Index: EUR 01/001/2004)

With regard to the police establishments AI continued to call for the introduction of a visited, the CPT was concerned by specific and comprehensive law on asylum, statements from some detainees that they in order to guarantee the fundamental right had been offered a transfer to a remand to asylum, recognized in principle in the prison, as an inducement to provide Italian Constitution and through Italy’s information for the completion of the ratification of the UN Convention relating to investigation. The CPT was also concerned the Status of Refugees. The organization that staff in the fourth District Police Station was concerned that, amongst other things, in Budapest openly carried truncheons certain provisions of a law on immigration and/or tear gas canisters in detention areas. introduced in 2002 (Law 189/2002 – the It recommended, among other measures, so-called Bossi-Fini law), and relevant that improvements should be made in some enabling legislation approved by the

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government at the beginning of July 2004, inmates by security and administrative impeded the effective exercise of the right personnel. to asylum and allowed many asylum- seekers to be detained or restricted in their Such reports exacerbated AI’s concern liberty in circumstances over and above about the continuing absence of any those allowed under international standards. permanent, independent monitoring and inspection body, mandated to make regular, Temporary holding centres for aliens unannounced visits of inspection to the Cpts and similar detention facilities, in line with Thousands of foreigners without a right of international standards. AI called for the residence in Italy, or suspected of not treatment and conditions of the inmates to having such a right, were detained in be brought fully in line with relevant temporary holding centres, commonly international human rights standards known as “Cpts” (Centri di permanenza relating to asylum-seekers and all detained temporanea). They could be held for up to persons. a maximum of 60 days before their expulsion from the country as illegal In January, a Roman Catholic priest immigrants, or release, but delays and employed as the director of Regina Pacis inefficiencies in the processing system led temporary holding centre in Lecce (Puglia to some people being detained repeatedly province), five members of the for the maximum period. The centres held administrative personnel, two doctors and foreigners detained on the streets and in 11 carabinieri providing the centre’s the community, as well as foreigners security service were ordered to stand trial transferred from prison after serving in connection with the physical assault and sentences for criminal offences. There were racial abuse of inmates in November 2002 regular reports that the inmates of many (See AI Index: EUR 01/001/2004). The centres did not receive satisfactory trial opened in May, as scheduled, but after information about the reason for their a day was adjourned to October 2004. detention or their rights, and experienced difficulties in gaining access to the legal The proceedings followed an investigation advice necessary to challenge the legality of into a complaint lodged by 17 young North their detention and of expulsion orders. AI African men who alleged that, after was particularly concerned at increasing attempting to escape from the holding reports that amongst the inmates were centre on 22 November 2002, they were individuals trying to pursue asylum claims, among some 40 North African inmates who but who were unable to gain access to the were kicked, punched, slapped, spat at and asylum determination process and, in some subjected to verbal abuse directed at their cases, to close relatives living in the religious -- Muslim -- beliefs. They claimed country. some inmates were pinned down by their arms and legs while their assailants tried to Tension in the centres remained high with force them to eat pork, against their frequent outbursts of violence and protests, religious beliefs, by pushing it down their including escape attempts and high levels throats with a truncheon. of self-harm. Information continued to emerge indicating that conditions in a The charges against the 19 defendants number of centres fell below international included assault and battery, failure to standards, with frequent overcrowding, intervene to prevent ill-treatment, unsuitable infrastructures, unhygienic living falsification of evidence and abuse of the conditions, inadequate access to fresh air, powers of a state officer. The two doctors unsatisfactory diets and inadequate or were accused of falsifying medical inappropriate medical care. In addition, certificates. In the course of various violent several criminal investigations were under incidents on 22 November, three carabinieri way into alleged physical assaults on and a number of detainees suffered injuries. It was reported that five of the detainees

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had fractured limbs and around a dozen seized medical records and checked the suffered cuts and bruises. Of the 17 drugs held on the premises and detainees who made the initial complaint, administered by the medical personnel. At only 11 decided to pursue the case through the end of June the Public Prosecutor’s the courts and they constituted themselves office indicated that, not only had the food civil parties to the proceedings, thus and drink taken from the centre for expert formally registering their wish to receive analysis not revealed the presence of the compensation for their treatment. All of drugs indicated in the former inmates’ them were granted residence permits, complaints and in their supporting blood renewable every three months, in view of analyses, but also that the latter were the ongoing criminal proceedings. unreliable. Some of the investigation’s findings were being challenged by the A criminal investigation was continuing lawyers representing the three former against a member of the Red Cross inmates. administration, and some seven police officers and one carabiniere attached to the Alleged police ill-treatment and via Mattei holding centre in Bologna (See AI excessive force on the streets and in Index: EUR 01/001/2004). It was alleged police stations that, following an escape attempt by two North African inmates in March 2003, they Allegations of ill-treatment by law were involved in a physical assault on them enforcement officers often concerned and some 10 other inmates. In November members of ethnic minorities, including 2003 the judge of preliminary investigation Roma, and administrative and criminal had endorsed the Bologna public investigations were under way into prosecutor’s request for proceedings to be numerous allegations of excessive force and dropped against a further four police physical assault by law enforcement officers officers because the alleged victims had in the context of policing operations failed to identify them with certainty as surrounding demonstrations. their aggressors. In February concerns were raised in the In January a criminal investigation against Chamber of Deputies regarding the case of persons unknown was opened by the Gabriele Greco. He was arrested on 3 Bologna public prosecutor, following February, following a street demonstration complaints lodged by three former inmates on the outskirts of Rome and during the of the holding centre. Darwin Livingston, brief occupation by some 200 people of an Ecuadorian, Lahar Said, a Moroccan, and nearby unoccupied buildings, in protest another foreign national said that they and against work under way on an adjacent other detainees had regularly experienced high speed rail line and its repercussions for excessive drowsiness and disorientation local residents. There were allegations that after eating and drinking at the centre and police officers used excessive force to clear alleged that they had been given heavy people, including children, from the sedative drugs without their knowledge. buildings. In public statements made on They attached the results of blood analyses his release the next day, facing charges of to their complaints which indicated that, violently resisting arrest, Gabriele Greco shortly after their release from the centre, alleged that, after being handcuffed and certain prescription drugs were present in transferred to Prenestino police station, a their blood in high quantities. There was police officer verbally insulted him, punched widespread speculation that drugs had been his head and lashed him with a wet towel given to inmates in order to keep them in a whenever he responded. He claimed that, tranquillized condition. after some five hours of such treatment, he was transferred to Rome police The Public Prosecutor ordered an extensive headquarters where he was held overnight, inspection of the centre, took samples of almost naked, in a cold and dirty cell, the food and drink available to the inmates,

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without food or drink. Within days the and abusing their power as state officers. A police stated that an internal investigation judge started to examine the request in had concluded that the allegations were court hearings which opened in June. No without foundation and lodged a complaint accusations were brought against scores accusing him of calumny and defamation. more law enforcement officers involved in the raid and believed to have also Among the ongoing criminal proceedings participated in physically assaulting many were a number relating to policing of the demonstrators sleeping in the operations surrounding the mass building. Apparently they could not be demonstrations which occurred during the identified because their faces were Third Global Forum in Naples in March 2001 frequently hidden by riot helmets, masks or and the G8 Summit in Genoa in July 2001 scarves during the raid and they displayed (see previous editions of AI Concerns in no other means of individual identification. Europe and Central Asia, Italy). AI continued to advocate that Italian practice be brought in line with the � In March a judge of preliminary European Code of Police Ethics (adopted by investigation began examining the Naples the Committee of Ministers of the Council Public Prosecutor’s request for 31 police Europe in September 2001) which states officers who worked in the Caserma Raniero, that, during interventions, law enforcement a barracks used as a detention facility on officers should normally “be in a position to the day of the demonstration, to be identify themselves as an individual committed for trial on various charges, member of the police.” The Committee ranging from abduction to bodily harm and commented that “without a possibility of coercion: some officers were additionally identifying the individual policeman/woman, accused of abusing their position as state personal accountability ... becomes an officers and of falsifying records of empty notion.” It is clear that if officers do statements and searches. In mid-July all not display prominently some form of 31 police officers were committed for trial. identification - such as a service number - It was scheduled to open in December 2004. this can prevent the identification of alleged assailants and thus provide them with � In February, a judge ruled that there complete impunity. were no grounds to prosecute the 93 people, of various nationalities, accused of � Genoa Public Prosecutor’s office belonging to a criminal association intent on concluded its investigation into the conduct looting and destroying property, who had of dozens of officials, including penitentiary been detained during an overnight police staff, medical personnel and law raid on a building legally occupied by the enforcement officers who were on duty Genoa Social Forum (GSF), the main inside Bolzaneto temporary detention organizer of demonstrations which took facility during the G8 period, and through place during the G8 Summit in Genoa. All which over 200 detainees held during the the other accusations which had been G8 summit passed, including the vast brought against the 93 in July 2001, which majority of those detained in the GSF raid. included resisting state officers with At the end of June the Public Prosecutor’s violence, committing theft and carrying office was reported to be drawing up a offensive weapons and which led to their request for some 40 people to be deportation from Italy, had been dropped in committed for trial but this had not been 2003. submitted to the relevant judge by the end of June. � In March Genoa Public Prosecutor’s office submitted a request for 29 police officers involved in the GSF raid to stand trial on various charges, including assault and battery, falsifying and planting evidence

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Prisons: ill-treatment, torture and inhuman or degrading treatment or deaths in disputed circumstances punishment”. 12

Numerous criminal proceedings, involving AI also continued to call on Italy to respond large numbers of prison staff, were under to the repeated recommendations of way into alleged ill-treatment of individual various UN treaty bodies and create a prisoners and sometimes large groups of specific crime of torture, as defined in the prisoners. Some of the proceedings were UN Convention against Torture. However, marked by excessive delays, with a few as in previous years, initiatives to introduce dating as far back as the mid-1990s. The such a crime into the Penal Code suffered allegations concerned psychological and delays and setbacks. physical, including sexual, abuse of prisoners, in some cases carried out systematically and sometimes amounting to torture. The criminal proceedings included KAZAKSTAN AND at least five into individual prisoner deaths KYRGYZSTAN occurring in disputed circumstances between 1997 and 2004 The plight of Uighur asylum-seekers and refugees The allegations related to district prisons across the country, including Ascoli Piceno, Over recent years, AI has monitored Avezzano (San Nicola di Avezzano), Belluno, growing numbers of forced returns of Biella, Bolzano, Cagliari, Caltanissetta Uighur asylum-seekers and refugees to (Malaspina), Civitavecchia, Latina, Livorno, China from several neighbouring countries, Milan (San Vittore), Naples (Secondigliano), including Nepal, Pakistan, Kazakstan and Naples (Poggioreale), Nuoro, Palermo Kyrgyzstan. Several Uighurs accused of (Pagliarelli), Parma, Prato, Potenza, Reggio committing criminal offences have also Calabria, and Sassari (San Sebastiano). been forcibly returned, either clandestinely or under the terms of extradition Such reports underlined the need for an agreements between China and other independent external monitoring body countries. mandated to make regular, unannounced visits of inspection to places of detention in Such cases appear to have increased with line with existing relevant international the intensification of China's crackdown in standards -- such as the UN Body of the Xinjiang Uighur Autonomous Republic Principles for the Protection of All Persons (XUAR) following the attacks in the USA of under Any Form of Detention or 11 September 2001, and in some cases Imprisonment which stresses the there is evidence that the Chinese importance of independent supervision of authorities have instigated or taken part in detention conditions. It underlines that such returns. The fate of Uighurs returned these principles are not merely advisory, to China is often difficult to establish due to they call upon governments to implement tight restrictions on information, including and enforce their provisions. the threat of reprisals against family

members who pass such information AI also campaigned for Italy to ratify the abroad. However, in some recent cases, Optional Protocol to the UN Convention returnees were reported to have been against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the aim of which is “to establish a system of 12 For further information on the Optional Protocol regular visits undertaken by independent and the general principles that AI considers should international and national bodies to places guide the establishment of the national preventive mechanisms see Preventing Torture at Home – A where people are deprived of their liberty, Guide to the Establishment of National Preventive in order to prevent torture and other cruel, Mechanisms , AI Index:IOR/51/004/2004.

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subjected to serious human rights violations, Central Asia. China also has extradition including torture, unfair trial and even agreements with both Kazakstan and execution. Kyrgyzstan.

The International Covenant on Civil and According to the official Chinese media, Political Rights has been ratified by during a visit to the XUAR in May 2004, Kyrgyzstan, and signed, but not ratified, by President Nazarbayev of Kazakstan said Kazakstan. Both states are also parties to that “Kazakstan will always adhere to the the Convention against Torture and the one-China policy and is willing to Refugee Convention. All of these strengthen cooperation with China in the international instruments guarantee right fight against terrorism, separatism and relating to asylum-seekers and refugees. extremism for regional peace and stability”. However, Kazakstan does not allow Uighurs This, and other statements made by SCO access to the national asylum procedure, members, suggest that China's neighbours reportedly due to the delicate relationships appear to have adopted China's concept of between these two Central Asian countries "separatism", which encompasses peaceful and China. In Kyrgyzstan, Uighur asylum- opposition activities, and are ready to seekers can theoretically apply to a national cooperate with China to crack down on such procedure for protection, but do not do so, activities. AI was concerned that such apparently for fear that the Kyrgyz cooperation appears to be aimed at authorities will pass this information on to ensuring the forcible return of Uighurs to the Chinese authorities. United Nations China, notwithstanding the high risks they High Commissioner for Human Rights face of serious human rights violations, (UNHCR) therefore plays the key role in including torture, arbitrary detention and assessing refugee protection claims in these even execution, and in violation of countries. member-countries’ obligations under international law. The organization was also Their shared border with China and their concerned that this cooperation could be large native Uighur populations make used by Kazakstan and Kyrgyzstan to Kazakstan and Kyrgyzstan the most restrict the legitimate and fundamental common first countries of 'refuge' for right of Uighur nationals to freedom of Uighurs fleeing the XUAR. Yet, they are expression, association and assembly. possibly the most unsafe countries of asylum for Uighurs. In the context of its Both Kazakstan and Kyrygzstan are home policies in the XUAR, China has made great to large Uighur communities, comprising efforts to ensure that its Central Asian Uighur nationals of these countries as well neighbours cooperate in returning Uighurs as those who have arrived from the XUAR who are suspected of being "separatists, more recently. Local Uighur activists in both terrorists or religious extremists". This countries have expressed alarm at a recent relationship has been strengthened in series of media reports which purport to recent years under the auspices of the denigrate Uighurs as a whole, including by Shanghai Cooperation Organization (SCO) describing Uighurs generally as which groups China, Russia, Kazakstan, "separatists" or "terrorists". Activists in the Kyrgyzstan, Uzbekistan and Tajikistan. The region have suggested that such articles Secretariat of the SCO was formally may be instigated by local "pro-China established in Beijing in January 2004 and a forces" and the Chinese security forces. regional "anti-terror" centre was officially opened in Tashkent, Uzbekistan, in June Some non-governmental organizations 2004. Largely spearheaded by China, the (NGOs) in Kazakstan and Kyrgyzstan who organization has been described as a assist Uighurs from China have reportedly "major force" in combating "terrorism" by been subjected to threats, intimidation and Chinese officials and one of its key aims harassment, often from unknown or appears to be to quell the activities of unidentified sources, apparently aimed at Uighur nationalists in both the XUAR and

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preventing them from conducting their (For further information, see AI Index: ASA advocacy activities. 17/021/2004)

Uighur asylum-seekers in both Kazakstan and Kyrgyzstan face an ever-present risk of being detained by the police as "illegal MACEDONIA immigrants", which puts them in greater danger of being forcibly returned to China. Background One Uighur asylum-seeker, who wished to remain anonymous, reported that the police On 26 February President Boris Trajkovski had said "you are a separatist, you are a died in a plane crash in Bosnia-Herzegovina. terrorist" when they arrested him recently In the ensuing presidential elections in April, in the Kyrgyz capital, Bishkek. When he Prime Minister Branko Crvenkovski was presented a UNHCR official document elected President. In May Hari Kostov, who stating that he was a person of concern, had been Minister of Internal Affairs, then a police officer replied: "this is like became Prime Minister and in June the new toilet paper - it won't help you." He was government was approved by parliament. taken to a detention centre but released later the same day following intervention by Prisoner of conscience Zoran UNHCR. Vranishkovski

Local NGOs working with Uighur asylum- On 11 January Zoran Vranishkovski, also seekers in Kazakstan and Kyrgyzstan have known as Bishop or Metropolitan Jovan, also reported growing numbers of cases was arrested on 11 January along with four where Uighurs in these countries have monks and seven nuns after holding a "disappeared" and are presumed to have religious service in his private apartment. been forcibly returned to China. All were released after about 30 hours, but Zoran Vranishkovski was re-arrested on 12 Local NGOs in the region who assist Uighurs January and charged with "causing national, from China estimated that Kazakstan may racial or religious hatred, discord and have returned around 20 Uighurs, and intolerance" under Article 319 of the Kyrgyzstan around 50 Uighurs in recent Criminal Code. AI believed the reason for years, but the exact number is impossible his arrest and detention was his support for to determine. On 31 March, it was reported the ecclesiastical control of the Serbian in the official Chinese media that two men, Orthodox Church over the Macedonian Rahmutulla Islayil and Arken Yakuf, both Orthodox Church, from which had been Uighurs from Urumqi, had been executed expelled, and considered him to be a after being transferred to China from prisoner of conscience. On 30 January he Kyrgyzstan in July 2002. was released from custody. His trial on these charges began in May and was still On 31 December 2002 in the Kyrgyz capital, ongoing at the end of June. Bishkek, three Uighurs, Ablimit, Tohti Niyaz and Kayser Jalal were reportedly sentenced Extra-judicial executions at to 16, 17 and 25 years in prison Rashtanski Lozja (update to AI respectively for forming an "unlawful East Index EUR 01/016/2003) Turkestan organization" and "illegal possession of weapons." Their lawyers On 30 April the Macedonian authorities reportedly claimed that they were convicted finally acknowledged that the seven on the basis of fabricated evidence. AI fears immigrants (six Pakistanis and one Indian) that the formal ratification of an extradition who were killed in March 2002 in treaty between China and Kyrgyzstan in Rashtanski Lozja had been extra-judicially March 2004 increases the risk that they will executed. The authorities had previously be returned to China where they are likely claimed that the men were Islamic militants to face torture and execution.

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planning to attack western diplomatic On 4 June the Albanian language newspaper targets in Macedonia, were connected to Fakti reported that an ethnic Albanian ethnic Albanian insurgents in the country, police officer claimed to have seen Ruzhdi and that they had died after opening fire Veliu, one of the six missing ethnic against the authorities. However, major Albanians, in the prison of Bitola but that he inconsistencies in the government version was not allowed by guards to speak to him. pointed to extra-judicial executions. In In his testimony to the newspaper, he March 2003 after a change in government claimed that: “many people visited him, but the authorities announced a special enquiry according to the prisoners they were into the killings. In April the authorities policemen or people from the Court. There issued a new version of events, stating that are more than 20 people who would testify the then-Macedonian authorities had that Ruzhdi Veliu was in the Bitola prison. I concocted a plan whereby the men had am surprised why the police and the court been contacted whilst they were in Bulgaria say that he was not there”. An unnamed with a promise that they would be witness, also quoted by the newspaper, smuggled into Greece as illegal migrants described the way Ruzhdi Veliu was but instead were lured to Macedonia, arrested in Botun, a village near the town murdered, and false evidence was planted of Ohrid: “we were told to follow Veliu; we to support the bogus claim that they were knew everything, the time when he left Islamic militants linked to ethnic Albanian Kichevo and was supposed to arrive in insurgents. The authorities charged a Struga and the time when he will get in number of people with murder in Botun. We followed him up to Botun and connection with the killings including three waited for him to get back. At 16:20 PM former police commanders, two special Veliu arrived in Botun and inspectors from police officers and a businessman, as well Bitola stopped the vehicle and arrested as former Minister of Internal Affairs Ljube Ruzhdi. Then he was taken to Izdeglavje Boshkovski who fled to Croatia and prison.” remained protected from extradition due to his dual Macedonian/Croatian citizenship. On 13 May, the police in Kichevo received an unsigned letter with three maps The “disappeared” and abducted in indicating the locations of burials in Zelenec, 2001 (update to AI Index EUR Jama and Veles. On 17 May the police 01/016/2003) received an anonymous phone call claiming that human bodies were buried in a pit in There was some progress in discovering the Jama, on the road between Kichevo and fate of 20 missing persons - 13 ethnic Debar, in the Bistra mountains. The Macedonians, six ethnic Albanians, and one Ministry of Interior subsequently disclosed Bulgarian citizen - who “disappeared” or that the anonymous writer of the letter, were abducted during the period from 17 written in Serbian, claimed that he “was a April to 31 August 2001 during the conflict police instructor and [he] was fighting on between security forces and ethnic Albanian the side of the Ministry of interior against insurgents. On 6 May the Macedonian the Albanians terrorists. Here are the Ministry of Interior announced that DNA corpses of the missing Albanians.” A team analysis carried out on bodies found in of police officers, accompanied by the 2003 in a mass grave near the village of Kichevo public prosecutor and an Trebos, Tetovo, identified three of them - investigating magistrate, went to the site Dimitrie Dimovski, Krsto Gogovski and where four bodies were exhumed. An Simeon Jakimovski – as abducted ethnic autopsy was immediately ordered and Macedonians. On 9 June a fourth body relatives of the disappeared volunteered to found in the grave was identified as being provide blood samples in order to facilitate that of Vasko Mihajlovski, another of the DNA identification of the corpses whose abducted Macedonians. identities remained unconfirmed by the end of June.

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Police torture and ill-treatment criminal code which penalizes untruths which cause severe consequences. However, There appeared to be a drop in the number the Macedonian Helsinki Committee for of alleged instances of police torture or ill- Human Rights pointed out that the press treatment although cases continued to be articles in question were based on fact and reported. In March the Court of Appeal that the police had undertaken action postponed for the 17th time the trial against Nexhat Ajro for breach of vehicle against four police inspectors who allegedly registration regulations. beat 12-year-old Isak Tairovski in 1994 so badly that he was hospitalized and became Trafficking of women and girls for permanently disabled. The hearing was forced prostitution postponed because one of the accused and a witness did not show up in court. Changes in the Criminal Code came into effect in April, and the minimum prison Journalists punished for criminal sentences for human trafficking was raised libel and slander (update to AI Index: from five years to eight years. The US EUR 01/001/2004) State Department in its annual report on Trafficking of 14 June noted that In April amendments to the Criminal Code “institutional deficiencies in the judiciary removed the possibility of ex officio hindered greater progress in combating prosecutions for slander and libel. However, trafficking.” Tetovo crime police statistics libel and slander brought by private for 2003 published by the daily Vreme individuals remained as criminal offences showed that in the Tetovo region 80 police with possible prison sentences. The raids on suspected brothels with trafficked Association of Journalists of Macedonia women found 95 people “without regulated warned that such potential prison sentences residence in Macedonia” resulting in 38 could intimidate and silence journalists and charges being brought against owners of pointed out that there were some 50 the relevant premises, but only one charges every year for libel and insult, of conviction. The newspaper noted that the which 60 per cent were against journalists. Tetovo prosecution had difficulties to find relevant evidence and that witnesses were In April Zoran Bozhinovski, an investigative often afraid to testify and sometimes the journalist for the weekly Start and owner of subject of death threats. The daily Fakti on the local Kumanovo paper Bulevar, was 8 June reported that in Dabile village sentenced to 30 days in detention to ensure between Delchevo and Strumica near the his presence in court to face charges of libel Macedonia-Bulgaria-Greece border, there and insult brought against him by the was a public market where girls from the former chief of the Kumanovo crime police. Ukraine, Russia, Romania, Belarus, He was released from custody after seven Moldavia and other countries were being days in detention. sold and bought for US$1,000 – 3,000 dollars by traffickers from a number of On 19 February Dnevnik Bitola places in Macedonia. correspondent Mende Petkovski was sentenced by the First Instance Court in Refugees and internally displaced Bitola to four months’ imprisonment persons (update to AI Index: EUR suspended for two years for having libelled 01/001/2004) Nexhat Ajro, a judge in the Bitola court of appeals, in articles published in 2002 which There remained some 2,400 registered stated that the judge had been driving internally displaced persons after the 2001 around in a car without registration plates. conflict in Macedonia of whom about half The court also ruled that he should pay the were accommodated in collective centres expenses of the two-year trial. He was while the remainder were with relatives. In sentenced under Article 172 (3) of the

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addition there were an estimated 1,500 suspected opponents or critics of the refugees from Kosovo, predominantly Roma. government, including suspected supporters of exile opposition groups, conscientious objectors to national military service and army deserters”. MALTA According to information subsequently Asylum and immigration received by AI, described in the May report cited above, the Eritreans returned by Malta Inquiry opened into 2002 refoulement of were “all detained on arrival in Asmara and Eritreans (Update to AI Index: EUR sent to the nearby Adi Abeto military 01/002/2003) detention centre. Most had apparently refused to apply for asylum in Malta, hoping In May AI published a report entitled Eritrea: to travel on to Italy … As AI learned later, “You have no right to ask” – Government women, children and those over the resists scrutiny on human rights (AI Index: conscription age limit of 40 years were AFR 64/003/2004), describing the released after some weeks in Adi Abeto organization’s grave concerns about the prison but the rest of the Malta deportees – human rights situation in Eritrea. One mostly army deserters – were kept in chapter of the report was devoted to the incommunicado detention and tortured…”. treatment in Eritrea of Eritrean returnees and refugees, including the fate of some The report received widespread coverage in 220 Eritrean citizens deported from Malta to the Maltese media, provoked public debate Eritrea on 30 September and 3 October about the deportations and resulted in calls 2002 and about whom AI had corresponded for an independent commission of inquiry with the Minister for Justice and Home into the Maltese government’s decision to Affairs in 2002 and 2003. deport the Eritrean citizens.

On 27 September 2002, just after On 25 May the government announced the receiving reports that deportations of opening of an inquiry to be carried out by a Eritreans from Malta might be imminent, AI Board of Inquiry composed of a magistrate had written to the Minister of Justice and sitting alone who, according to a Home Affairs. AI was not in possession of government press release, was tasked with the names of all the Eritreans then detained examining whether the process leading to in Malta and threatened with deportation, the deportations was regular and legal, and nor aware of the grounds which those whether any individuals or authorities had individuals who were claiming asylum were exerted undue pressure for the putting forward in their asylum applications deportations to be carried out. to the relevant Maltese authorities. Among other things, in its letter AI stressed the On 7 June AI wrote and published an Open limited nature of the declaration of a Letter to the Minister for Justice and Home cessation of refugee status for certain Affairs (AI Index: EUR 33/002/2004) which Eritrean refugees which had been made by recalled the content of the letters which it the UN High Commissioner for Refugees had addressed to the Minister both before (UNHCR) in May 2002. AI also stated that and after the deportations in 2002 and a “Eritrea cannot be regarded as a ‘safe’ further letter of October 2003. The Open country with regard to Eritrean asylum- Letter underlined that AI’s primary concern seekers” and pointed out the specific was that “all possible steps should be taken categories of Eritreans who “would be at to help those people whom it believes to be risk of serious human rights violations, still in detention in Eritrea following their including arbitrary detention, torture or ill- return by Malta, and currently suffering and treatment, extrajudicial execution or the at constant risk of serious human rights death penalty, if returned to Eritrea”. AI violations, including torture, death and said that those at risk “would include indefinite detention without charge of trial,

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and to ensure that Malta does not again AI said it would also welcome the Minister’s return people in need of international cooperation in informing the organization of protection to a country where they risk any active steps the Maltese Government such treatment”. had itself taken to clarify the treatment of the returnees in Eritrea. AI also urged the AI said it welcomed, therefore, news of the government, if it had not already done so, opening of an inquiry and sought the to request the Eritrean authorities to Minister’s cooperation in providing the provide them and the deportees’ relatives organization with details of its precise remit. with information as to the whereabouts of AI expressed the hope that the inquiry the deported Eritreans, and to allow an would be thorough and impartial and, to international monitoring agency to be given that end, recommended in particular that access to Eritrea to visit them. the inquiry - be conducted by an expert in domestic and international refugee law; - At the same time, a copy of the Open Letter, that its scope, methods and findings be together with its attachments (which made public; - that it examine whether the included the full texts of the letters which deported Eritreans had access to a fair and AI addressed to the Minister in 2002 and satisfactory asylum determination process, 2003 and of AI reports on the human rights in line with the requirements of relevant situation in Eritrea issued in September international standards, including free and 2002 and May 2004), was also sent, for timely access to legal advice; - that it information, to the magistrate in charge of examine the deportations in the light, not the inquiry concerning the circumstances only of Malta's obligations with regard to surrounding the deportations. The inquiry the principle of non-refoulement contained was still under way at the end of June 2004. in Article 33 of the 1951 Geneva Convention relating to the Status of Visits and reports by international Refugees, but also Malta’s obligations under and domestic human rights other relevant international instruments, monitoring bodies including Article 3.1 of the UN Convention against Torture and Other Cruel, Inhuman The Council of Europe’s Committee for the or Degrading Treatment or Punishment and Prevention of Torture carried out an ad-hoc Article 3 of the European Convention on visit to Malta in January, stating that its Human Rights and Fundamental Freedoms; main purpose was to examine “the - that it examine whether UNHCR was treatment of foreign nationals detained informed that the Eritreans being deported under the immigration legislation, as well included individuals who had applied for as the procedures and means of restraint asylum in Malta but been rejected, as well applied in the context of forcible removals as those who had not applied for asylum in by air”. In accordance with its usual policy, Malta but expressed the wish to travel on to the Committee’s report on its visit will be Italy; - that it be empowered to take submitted to the Maltese government and evidence from state officers performing made public if the government agrees. custodial or escort duties with regard to the deportees, those administering the refugee In February the Council of Europe’s determination system at initial and appeal Commissioner for Human Rights issued a levels, representatives of non-governmental report on his October 2003 visit to Malta organizations in contact with the deportees which confirmed concerns which AI has before they were returned to Eritrea and expressed in recent years about the from ex-Malta Eritrean deportees now in a treatment of asylum-seekers and place of safety, and from Eritreans still in unauthorized migrants on the island. The Malta who were detained with those Commissioner expressed concern, among deported in 2002, and that it guarantee full other things, about the automatic detention confidentiality to, and protection against of all people entering Malta irregularly, harassment and intimidation of such regardless of whether or not they have Eritrean witnesses.

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applied for refugee status; highly applications for refugee status” and the inadequate living conditions in some government said it would “enable any detention centres for aliens; the excessive person detained in an immigration centre to length of refugee determination request his/her conditional release to the proceedings and inadequate access to Immigration Appeals Board … if he/she education for detained migrant children. He considers that he /she has been detained made a series of urgent recommendations for an unreasonably long period.” to address the situation. However, AI noted with concern that the In comments submitted to the Council of January bill, which was still under Europe during the presentation of the parliamentary consideration at the end of report to the Council of Europe's Committee June, set out no criteria for assessing what of Ministers, the Government of Malta noted would constitute an ‘unreasonable’ length of that: detention pending the outcome of applications for refugee status. There was "The Commissioner ... criticises the fact ... concern that the bill also contained several that every person, on entering Malta other provisions which might not meet the illegally, is detained, even if he/she has requirements for a fair and satisfactory applied for refugee status. He recommends asylum procedure. that they be released on making such an application. The Maltese government A report drawn up by the Maltese appreciates the Commissioner's comments, Ombudsman and circulated in February, but it does not consider that it would be in concerning the situation of asylum-seekers Malta's national interest to do away with and unauthorized migrants receiving the policy of detention. If the 2000 persons treatment in Mount Carmel Psychiatric who entered Malta illegally in the last two Hospital, condemned the practice of years had been immediately released, they handcuffing people who needed to leave the would have caused upheavals on the labour detention centres for aliens in order to market and major problems regarding their receive medical treatment (a practice also accommodation." condemned by the Council of Europe’s Commissioner for Human Rights). The AI was concerned by the reluctance of the Ombudsman’s report followed a visit which Maltese government to bring its policy in he had made to the hospital at the request line with international standards according of the Maltese Labour Party's international to which asylum-seekers should be secretary who had apparently tried to visit detained only when a legitimate reason for the migrants detained at the hospital over doing so has been demonstrated in the Christmas 2003 but been refused entry by individual case, only when other measures police officers. The Ombudsman, while short of detention will not suffice and only recognizing that the migrants were treated for a minimal period. well at the hospital and that they preferred it to being held in the detention centres for In response to the Commissioner’s aliens, also concluded that they did not recommendations that Malta “adopt a law suffer from chronic mental health problems providing that the detention of asylum- and their depression was mainly due to lack seekers will be authorised only in of information and uncertainty about their exceptional circumstances and with the status, and their indefinite detention. He control of the judicial authorities” and recommended that a qualified person be “ensure that detention of irregular migrants appointed to update them regularly on their is not prolonged indefinitely”, the status. He also referred to the strict police government pointed to a bill amending the surveillance of the migrants confined inside Refugees Act which had been published in the hospital and suggested the police might the Malta Government Gazette on 27 be better utilised if the migrants were January 2004. The bill’s main stated object allowed to exercise in a garden close to was to expedite “the processing of

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their ward, or allowed to use the hospital August 1999 to 2001. Veceslav Drugaleov gym while police watched over them. had contracted tuberculosis as a result of his detention in 1996. He was detained again in 1999 and spent 18 months in the IVS of Calarasi police station where MOLDOVA detainees were not provided with food or water (they relied on food being brought by Police ill-treatment and conditions in relatives) and had no medical care, fresh pre-trial detention air, proper ventilation or sanitary facilities. This was the first ruling of its kind on Torture and ill-treatment in police custody conditions of detention in the country. continued to be a major problem in Moldova. The problem was aggravated by the high The case of Oleg Talmazan (Krasnov) number of detentions and failure to use alternative methods such as bonds and bail. During a visit to Moldova in June AI A system of quotas and rewards for police delegates took testimony from Oleg based on the number of crimes solved also Talmazan (who publishes under the name increased the chances of torture and ill- of Krasnov). He had been detained on 4 treatment by putting pressure on the police March in connection with a financial crime, to “solve” crimes in any way they can. accused under Article 123 of the Criminal Conditions in the temporary holding Code of failing to repay a bank loan. He facilities (known as IVS, an acronym from was held in an IVS at the Chisinau the Russian ??????? ?????????? department for organized crime until 8 April ??????????) where, according to domestic and interrogated twice during his detention law, detainees can be held up to a by investigators from the Procuracy. The maximum of 30 days, still failed to meet IVS was underground and the ventilation international standards. They are all system was periodically turned off depriving underground, inadequately ventilated and the prisoners of adequate air. Sanitary detainees do not have access to adequate conditions were inadequate and the toilet facilities. Even though the Council of prisoners were allowed into the exercise Europe’s Committee for the Prevention of yard for only 30 minutes once a week. He Torture and the UN Committee against was not allowed access to family or Torture have repeatedly made correspondence. On 27 March he suffered a recommendations to improve pre-trial heart attack, but was not hospitalized until detention and to introduce safeguards to 8 April despite the fact that an ambulance prevent torture, conditions remained well had been called out and had recommended below international standards and torture his hospitalization. He was then transferred continued to be widespread. to a prison hospital and held a further 30 days until 7 May. He has complained to the The case of Veceslav Drugaleov General Procuracy, but no action had been taken by the end of the period under review. The authorities are usually unwilling to conduct prompt and impartial investigations Refugees/asylum-seekers into allegations of torture and ill-treatment; however, in March there was a In June the Parliamentary Assembly of the breakthrough when the central court in the Council of Europe (PACE) recommended capital, Chisinau, ruled against the Ministry that Moldova and other CIS states observe of the Interior. The court ruled that the strictly the fundamental principles of Ministry was in breach of Article 3 of the international law concerning the protection European Convention for the Protection of of refugees and asylum-seekers, and that Human Rights and Fundamental Freedoms they show commitment and political will in in the case Veceslav Drugaleov, because it tackling the problems of migration had detained the applicant in inhuman and (Recommendation 1667/2004). During their degrading conditions in the period from

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June visit to Chisinau AI delegates learnt acts during the period of armed conflict that although refugee legislation is broadly between DMR and the Moldovan forces. in line with international standards, there Petru Godiac and Vladimir Garbuz were were still many shortcomings in the law and released in 1994 and Ilie Ilascu in 2001. AI practice. The Moldovan government has welcomed the release of Alexandru Lesco responsibility for granting refugee status, (see AI Index: EUR 59/001/2004) but but the system is very slow. In the case of expressed concern about the conditions of Chechen asylum-seekers no decisions are detention of the remaining two members of taken. Refugees in Moldova are the "Tiraspol Six", Andrei Ivantoc and Tudor experiencing difficulties in finding Petrov-Popa. employment and are at risk of ill-treatment by the police because they are not issued with any documents. There have been very long delays in the process of agreeing the PORTUGAL type of documents to be issued and the office of the UN High Commissioner for Constitution prohibits discrimination Refugees has been in discussion with the on grounds of sexual orientation government on this issue since 1998. The final version of a proposal for In April parliament approved the Sixth documentation will be presented to Revision of the Portuguese Constitution. AI parliament in August. welcomed an inclusion prohibiting discrimination on the basis of sexual Self-proclaimed Dnestr Moldavian orientation in Article 13 (Principle of Republic (DMR) Equality). The constitutional changes entered into force on 24 July (Lei There has been no progress in resolving the Constitucional n.º 1/2004 de 24 de Julho). status of this internationally unrecognized, breakaway region, and tensions began to Excessive use of force, including escalate in June around the issue of lethal force, by police (update to AI Moldovan schools in the DMR that teach Index: EUR 01/01/2004) Moldovan/Romanian in the Latin script. The DMR authorities have refused to register AI remained concerned that Portugal was the schools in question despite an failing to meet its obligations under agreement brokered by the Organization for international law to ensure that no one be Security and Co-operation in Europe (OSCE) arbitrarily deprived of their life, and to in mid-2003, and teachers, pupils and comply with international law and standards parents have been harassed by police. In on the use of force and firearms by police. June a high-level OSCE delegation visited In May the organization wrote to the the DMR and called for a more constructive Minister of the Interior to reiterate its long- stance on the part of the authorities; an standing concern about arbitrary use of end to harassment; and for the schools to force, including lethal force, by police. The be registered. organization’s concern arose, in particular, from reports that police had used firearms The “Tiraspol Six” (update AI Index: EUR and rubber bullets unnecessarily and/or 01/03/00) disproportionately to the threat posed, if any, to the police officers involved, and that On 2 June Alexandru Lesco, who had served some people might have been unlawfully 12 years in prison in the DMR, was killed as a result. AI expressed concern released. Alexandru Lesco and the other about reports that training in the use of members of the "Tiraspol Six" were force was inadequate, and that operational sentenced in December 1992 after a court guidelines were inadequate in some areas convicted them of murdering two DMR and lacking in others. AI also expressed officials and planning other violent political concern that insufficient measures had

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been taken to ensure the implementation of, which the bullets could be discharged. AI and adherence to, international laws and noted with concern that rubber bullets were standards in policing practices. The not new technology; that they had been organization requested information about used by many police forces and that their any measures that had been taken or risks had been well known for many years. planned to address the UN Human Rights For example, international human rights Committee (HRC)’s Concluding monitoring bodies have repeatedly stressed Observations on police use of force, issued that such weapons must be used in in August 2003, and to implement its accordance with international law and recommendations. AI also enquired about standards. AI urged the Minister of the what measures had been taken in response Interior to ensure accountability of all those to the criticism of police use of firearms by involved in allowing police officers to use the General Inspectorate of the Internal weapons without adequate training and in Administration (GIIA), made public during a the reported absence of guidelines. seminar in November 2003. The seminar’s proceedings were published in February. Media reports in April announced the adoption by the PSP of internal operational In its May letter AI continued to express regulations detailing the situations in which concern about the killing of António Pereira. officers of the PSP would be allowed to use The trial of a police officer for the homicide force, and specifying which kind of force of António Pereira concluded in March with should be used in different situations, the officer acquitted. During the trial it including lethal force. Such regulations reportedly emerged that not all the police were expected to be included in an internal officers that had been allowed to use rubber document entitled “Regulamento de uso da bullets had received appropriate training in Força”, binding only PSP officers. their use. The police officer charged with António Pereira’s homicide claimed that at In light of the grave concerns that the use the time of the shooting he had not been of force, including lethal force, had given aware that rubber bullets could kill, and had rise to, and given that the most not been trained in the use of the rubber fundamental human rights were at stake bullet shotgun with which he killed António whenever force was used by law Pereira. The Public Security Police (Polícia enforcement officials, AI urged the de Segurança Pública - PSP) National authorities to ensure that regulations on Director gave evidence at the trial in the use of force and firearms, consistent November 2003. He reportedly stated that with international standards, be in place there were no guidelines regarding the use along with appropriate training for all law of rubber bullets at the time of the killing, enforcement officials, including for example and added that following the death of the National Republican Guard (Guardia António Pereira significant resources had Nacional Republicana - GNR). AI been directed towards improving training. considered that all regulations regarding AI understands that the lack or inadequacy police use of force should be public and of training, and the lack of guidelines for called on the Minister of the Interior to the use of rubber bullets may have played a publish any such regulations. role in the court’s decision to acquit the police officer. The killing of Nuno Lucas

AI expressed further concern that the case In January it was reported that the Minister had revealed serious systemic failures. of the Interior had decided that the police Important questions remained about the officer involved in the killing of Nuno Lucas circumstances of, and background to, the in August 2002 should be expelled from the killing, including the use of rubber bullets police. A disciplinary investigation by the without adequate training being given to GIIA had reportedly concluded that – officers, and in the reported absence of irrespective of whether the discharge of fire guidelines regarding the circumstances in had been intentional or unintentional – the

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use of a firearm in the circumstances had assistance to inmates in need at night and been improper (indevido). in disciplinary cells. In Vale de Judeus prison, there were three reportedly self- Allegations of discriminatory policing inflicted deaths in January. AI received reports that safety measures in some AI continued to receive reports alleging that prisons, including in case of fire and in policing was often carried out in a prison workshops, were very poor – if they discriminatory manner in deprived areas, existed at all. Conditions amounting to cruel, mostly inhabited by people belonging to inhuman and degrading treatment ethnic and other minorities; and that people continued to cause concern in various belonging to ethnic and other minorities prisons. Overcrowding remained one of the considered that they were being targeted main problems contributing to cruel, by police, and did not have sufficient trust inhuman and degrading conditions of in the police to lodge a complaint. In light detention, together with gravely inadequate of such reports, the organization was sanitary facilities. There were reports that concerned that Portugal was not fulfilling its conditions of detention in disciplinary cells obligations under international law and in some prisons were extremely poor. In standards, including the UN Convention on the wings of some prisons detainees were the Elimination of All Forms of Racial reportedly locked up for up to 23 hours with Discrimination. no access to fresh air, sometimes for several days at a time. Inadequate health AI was also concerned that relevant data care provisions continued to be of grave allowing for an informed analysis of policing concern, especially in light of reports that a of people belonging to ethnic and other large part of the prison population was minorities appeared to be inadequate or diagnosed with serious medical conditions, non existent. In recent years international including HIV. The authorities continued to human rights monitoring bodies have fail to ensure the separation of convicted criticized the Portuguese authorities for prisoners from detainees in pre-trial failing to produce relevant data on human detention. Lawyers interviewed by AI rights issues, including in connection with expressed concern at the lack of racism and policing. AI sought information dissemination of prison rules. AI was on any mechanism in place to ensure that concerned that this resulted in inmates not policing was not discriminatory, and in being aware of their rights, including in particular about any system for ensuring relation to disciplinary proceedings against that sufficient relevant data be collected. them.

Prison conditions cause grave A commission established in February 2003 concern to study a reform of the prison system (Comissão de Estudo e Debate da Reforma There were some new reports of ill- do Sistema Prisional), submitted its report treatment and other forms of abuse by to the government in February. The prison officers. AI was investigating the commission was mandated to draft general case of a prisoner that had been beaten up guidelines and legislative proposals on the by several prison officers in Lisbon prison in reform of the prison system. The proposals November 2003. In light of the (with the title Lei-quadro da reforma do circumstances of this assault, the sistema prisional) were approved by the organization was concerned that it might government at the end of June. The stated not have been an isolated incident. objectives of the reform included: the Concerns about the safety of inmates achievement of a humane, just and safe persisted. Safeguards to prevent self-harm, prison system aimed at the social including through the identification of rehabilitation of inmates; the protection of vulnerable inmates, remained inadequate in inmates’ fundamental rights; an some prisons, as did systems to ensure improvement in the conditions of detention ensuring increased protection of inmates’

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dignity; the fulfilment of inmates’ daily an effective monitoring of discriminatory needs including with regard to health; practices. combating overcrowding; and the regular control over the functioning and the quality of the prison service, by internal and external entities. ROMANIA

In connection with the latter, AI considered Psychiatric hospitals - a human that the government should take the rights crisis occasion of the review of the prison system to ratify the Optional Protocol to the AI was concerned that the placement, living Convention against Torture and Other Cruel, conditions and treatment of patients and Inhuman or Degrading Treatment or residents in many psychiatric wards and Punishment and to provide Portugal with a hospitals in Romania are in violation of system of regular visits undertaken by international human rights standards and independent international and national best professional practice in this field. In bodies, in order to prevent torture and one of the hospitals in Poiana Mare, 18 other cruel, inhuman or degrading patients died in January and February, treatment or punishment in prisons and reportedly mostly as a result of malnutrition other places of detention. The government and hypothermia (see Romania: Patients at should also ensure that effective systems the Poiana Mare psychiatric hospital AI are in place for detainees to notify impartial Index: EUR 39/002/2004). In May Amnesty authorities of allegations of torture and ill- International published Romania: treatment. Under the Optional Protocol, Memorandum to the government Portugal would be under an obligation to concerning inpatient psychiatric treatment establish, designate or maintain (AI Index: EUR 39/003/2004), and independent national preventive addressed extensive recommendations to mechanisms for the prevention of torture the authorities. A thorough and appropriate and ill-treatment. 13 reform of the mental health care services is the most effective way to remedy the broad In light of its long-standing and wide- range of human rights violations suffered ranging concerns about Portuguese prisons, by people who had been placed in including regarding ill-treatment, AI psychiatric wards and hospitals, as well as considered also that more detailed to ensure that the rights of people with references to Portugal’s obligations under mental disorders or intellectual disabilities international law to protect the human are fully respected. rights of detainees should be included in the legislative proposals on the reform of As a result of its research the organization the prison system. In addition, the concluded that the placement for organization considered that the proposals involuntary psychiatric treatment of people should include provisions to ensure that the who have not been charged with any training of prison officers give high priority criminal offence, or of people who have to the operational implications of their duty been placed in hospitals on non-medical to protect the physical and mental integrity grounds, amounts to arbitrary detention of detainees; and to ensure the gathering and denial of fair trial rights. Many of the of relevant data on the personal people placed in psychiatric wards and circumstances of the prison population for hospitals throughout the country apparently do not suffer an acute mental disorder and many do not require psychiatric treatment. 13 For further information on the Optional Protocol Many people who had been cared for in and the general principles that AI considers should institutions for children with intellectual guide the establishment of the national preventive disabilities had been placed in psychiatric mechanisms see Preventing Torture at Home – A wards or hospitals simply because they had Guide to the Establishment of National Preventive Mechanisms , AI Index:IOR/51/004/2004. no family or possibilities for reintegration,

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with appropriate support, into the community. A delegation of the European Committee for the Prevention of Torture and Inhuman or The living conditions, diet and heating Degrading Treatment or Punishment (CPT) provisions in many psychiatric wards and carried out a visit to Romania from 15 to 21 hospitals were deplorable. Overcrowding in June and visited Poiana Mare Psychiatric some hospitals resulted in patients having Hospital. The CPT had previously visited to share beds. In some instances patients this hospital in 1995 and 1999. The shared beds as this was the only way to Romanian Ministry of Health had informed keep warm in unheated wards. The the CPT in November 1995 that the situation was worse in wards for long term institution “shall be gradually eliminated as patients and for those with the most severe a hospital, as it no longer brings together disabilities and therefore more complex acceptable circumstances (neither from the care requirements. medical, from the penal or humanitarian point of view).” Throughout 2003 AI received reports that many patients had been denied adequate New reports of ill-treatment by law medical treatment and that the psychiatric enforcement officers hospitals in general were unable to ensure adequate provisions of psychiatric Numerous new reports of police ill- medication because of lack of allocated treatment were received in the period resources. Few hospitals had staff and under review. One such report concerned facilities to offer the full range of therapies an incident which occurred in Bucharest on and rehabilitative and therapeutic activities. 14 March when Ion Marin, director of the In many wards and hospitals the patients newspaper Ultima Ora (The last hour) was apparently did not receive appropriate forcibly taken from his office to a treatment for somatic conditions which they psychiatric hospital by four police officers had suffered in addition to mental health and a medical team. The medical team problems. reportedly acted on information received in a telephone call that there was “a Restraint and seclusion practices in many dangerous madman” in the newspaper psychiatric wards and hospitals were not in office. When Ion Marin refused to be taken line with international standards and in to the hospital two police officers arrived some instances amounted to cruel, and attempted to hold Ion Marin so that he inhuman and degrading treatment or could be injected with a sedative. Because punishment. Ion Marin resisted two more officers arrived and he was handcuffed. He subsequently AI stood by its methodology and stated: “They hit me, spat at me, they stole conclusions following a statement by the things from my pocket… the newly arrived government’s spokesperson that its medical assistants injected me twice with a observations in the report were sedative substance… My daughter called my exaggerated or even false (see: The lawyer, Aurelia Cretu, who arrived Romanian government fails to acknowledge immediately, and found me in a state of the human tragedy unfolding in psychiatric unconsciousness, while the bastards kept hospitals, AI Index: EUR 39/005/2004). saying that I had been drunk for the last Subsequently, on 19 May, the government three days and this is why I could not open adopted a list of measures proposed by the my eyes, and not because they had Ministry of Health to improve the mental punched and kicked me as if they were health care system, some of which had also from Militia [law enforcement officers been recommended by the organization. At during the Communist regime].” After the same time the Minister of Health invited several hours at the hospital Ion Martin was AI’s representatives to visit Bucharest and released. The following day he obtained a discuss the Ministry’s strategy of reform for forensic medical certificate describing the mental health services.

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injuries which he had suffered as a result of waitresses in a bar which was reportedly the alleged ill-treatment and filed a frequented by the local police. One of them, complaint. a senior officer of the Ta ndarei Police, reportedly arranged for Iuliana Bon to meet Ill-treatment of children continued another senior officer in the county who reportedly offered to help her obtain a AI’s continuing concerns about allegations driving licence. The latter then took Mirela of police ill-treatment of minors were and Iuliana Bon to his house five kilometres documented in a report published in June: outside the town. They were joined there Romania: More ill-treatment of children (AI by two other officers, one a further senior Index: EUR 39/008/2004). One of them officer in the county. The officers reportedly was the case of C.B. (his full name is beat and repeatedly raped Mirela and known to AI). On 6 March, between 8.30 Iuliana Bon. Because the women had and 9pm, on one of the main streets of suffered lesions and bruises as a result of Bucharest, 15-year-old C.B. stopped briefly the beating, they were reportedly held to observe a verbal dispute between police against their will in an apartment for seven officers and some taxi driver. According to days. The parents of the missing women reports, suddenly officers of a special were initially told at the bar that they had intervention force team (SPIR) arrived and left in the company of the police officers. started to beat the taxi drivers and push They then reported the disappearance of them into police vans. Five SPIR officers their daughters to the Slobozia municipal wearing balaclavas then punched and police. A senior official at the County Police kicked C.B. in the head and back and put Inspectorate reportedly tried to cover up for him in one of their cars. The child was then his colleagues by having their names taken to Police Station number 14 where omitted from the complaint. After Mirela the beating continued. C.B. was released and Iuliana Bon were allowed to return at about 10.45pm. In spite of the late hour, home they were examined by a forensic however, and his visibly poor state, the medical doctor with intent to file a police officers did not take him home or complaint. They were then reportedly ensure that someone accompanied him. At harassed and threatened by the police not around midnight C.B. was admitted to a to complain. In February, their case was children’s emergency hospital where he reported by the press and the Ministry of received treatment for an acute cerebral Interior sent to Slobozia a team of trauma, fracture of the nasal bones, inspectors to investigate. Two days later haematoma and contusions of the left eye the Minister of the Interior suspended the and upper lip, as well as bruising of the face three senior police officers from duty and the right shoulder. The hospital pending results of the internal inquiry. released him two days later, reportedly under pressure from the police. On 10 Unlawful use of firearms by law March when C.B. went to the forensic enforcement officers medical institute he was referred to a hospital in Bucharest for further There were new reports of law enforcement investigations. officers resorting to firearms, and at least one person was killed, in circumstances Violence against women which were in breach of international standards. On 30 May, at around 10.30am Some of the victims of police ill-treatment two police officers in the village of Jegalia, were women. In February it was reported in Calarasi county, pursued Nicusor Serban, that two young women from Ta ndarei, in an attempt to apprehend him on Ialomita county, had been repeatedly raped suspicion of rape. When Nicusor Serban and beaten in December 2003 by three jumped the fence of a field on the outskirts senior police officers. Mirela and Iuliana of the village, officer S. reportedly shot at Bon, who are sisters, were working as him twice hitting him in the back. Nicusor

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Serban was then taken in the police car in Chechen Republic – "Normalization" in the direction of Calarasi. On the way, he whose eyes?, EUR 46/027/2004). was transferred into an ambulance where Furthermore, an increasing number of he died on the way to the hospital. violations were blamed on the so-called Kadyrovtsy – an armed unit under the Assaults on the Roma command of Ramzan Kadyrov, who became First Deputy Prime Minister of Chechnya in According to information received from the May following the assassination of his father, European Roma Rights Center and President Akhmad Kadyrov. Chechen armed “Tumende” Association of Vale Jiului, a local opposition groups targeted civilian Romani organisation, on 11 March a Rom members of the Chechen administration named Bela Dodi died following an incident and were also responsible for a number of involving private security guards at the abuses. Coroiesti mine in Vulcan, in Hunedoara county. The guards work under licence On 9 May the President of the Chechen issued by the local authorities. According Republic, Akhmad Kadyrov, was to these reports, Bela Dodi and four other assassinated in a bomb explosion which Romani men were collecting scrap metal in took place while he was watching a Victory the mine when private security guards Day Parade in the Dinamo stadium in assaulted them. They reportedly severely Grozny. The explosion killed six people, beat four men, while Bela Dodi, running in including the Chairman of the Chechen an attempt to escape from the guards, fell State Council, Hussein Isaiev, and an eight- to the ground, hit his head and died as a year-old girl. At least 13 people needed result. The four other men were hospital treatment as a result of injuries subsequently taken to a hospital for sustained in the blast. Presidential elections treatment suffered as a result of the were scheduled to take place in the beating. An investigation into the death of Chechen Republic in August. Bela Dodi and the ill-treatment of four other men has reportedly been initiated. In November 2003 the employees of the same private security firm were suspected of beating Olga David, a 42-year-old Romani woman, who subsequently died from injuries suffered in the beating (see: AI Index EUR 01/01/2004)

RUSSIAN FEDERATION

The Chechen conflict: “normal life” characterized by systematic human rights abuses

The conflict in Chechnya continued to be characterized by widespread and systematic abuses of international human rights and humanitarian law. Reports of extrajudicial killings, “disappearances”, and torture, including rape, and ill-treatment stood in stark contrast to claims from Russian and pro-Moscow Chechen officials that the situation in the Republic was “normalizing”. (See AI report: Russian Federation:

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Alleged violations by security forces, The case of Omar Khambiev (see AI including by the so-called “Kadyrovtsy” Index: EUR 46/019/2004)

Human rights abuses continued to be In February about 80 relatives of former committed with impunity by Russian federal Chechen Minister of Health, Omar forces in the Chechen Republic during Khambiev, were reportedly rounded up in targeted raids. During the period under different locations in Chechnya by the review, the Kadyrovtsy were reportedly Kadyrovtsy and subjected to torture and ill- responsible for an increasing portion of treatment in order to put pressure on Omar human rights abuses in the region, and Khambiev to stop speaking out at particularly “disappearances”. Many international fora against human rights Chechens interviewed by AI delegates in violations in Chechnya and to force his April and June said that they feared the brother, a leading Chechen opposition Kadyrovtsy more than the federal troops. fighter, Magomed Khambiev, to surrender, which he reportedly did on 8 March. According to the non-governmental Memorial Human Rights Centre which Persecution and intimidation of human systematically monitors the situation in rights defenders, activists and applicants approximately one-third of Chechnya’s to the European Court of Human Rights territory, in the first quarter of 2004, 78 people were abducted in Chechnya, 41 of In a worrisome trend, human rights whom subsequently "disappeared." At least defenders, activists and applicants to the 30 civilians died as a result of the armed European Court of Human Rights in conflict in the same period. Strasbourg were targeted by the Russian authorities and in some cases subjected to The killings of nine men from Duba-Yurt extreme levels of harassment. Some applicants to the European Court were According to reports, at approximately 2am reported to have been subjected to torture on 27 March eight military vehicles carrying and ill-treatment, and even extra-judicial a large group of masked men in camouflage execution, allegedly because of their resort uniforms entered the village of Duba-Yurt, to the Council of Europe’s human rights approximately 25 kilometres from Serzhen- court. Yurt, and conducted a targeted raid on 19 houses. In total, 11 men aged between 28 The case of Imran Ezhiev (see AI Index: and 44 were detained during the raid. EUR 46/006/2004) Three men were released soon afterwards, but the remaining eight subsequently On 29 January, Imran Ezhiev – head of the "disappeared". Society of Russian-Chechen Friendship’s Information Center in the Northern On 9 April local residents found the bodies Caucasus – was detained by a group of of the eight men in a ravine near Serzhen- armed men in military uniform who took Yurt in the Shali region of Chechnya. A him and his two companions to ninth body later identified as a man Sunzhenskoe Regional Department of originating from Duba-Yurt who had Internal Affairs (ROVD) - a police station - “disappeared” from his home in Grozny in the village of Sleptsovskaia, Ingushetia. during the night of 1 to 2 April, was also There, several officers allegedly repeatedly found. The bodies reportedly bore gunshot hit Imran Ezhiev on the back and beat his wounds as well as marks of torture. head against the wall, while threatening to hand the men over to the Russian federal forces, where they would "disappear" without a trace. Imran Ezhiev claimed that the police officers read the medical documents he carried with him

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and were aware that he had a spinal injury brought against the commander of the when they hit his back. One of the military unit. police officers allegedly offered to release the three if they confessed to The Zelimkhan Murdalov “disappearance” several unsolved thefts. Imran Ezhiev’s case (update to AI Index: EUR release was secured the following day after 46/027/2003) the head of the Russian Presidential Human Rights Commission, Ella Pamfilova, There was no further progress in the trial of intervened. Sergei Lapin – a member of the OMON (special police detachment) from the The extrajudicial execution of Anzor Pokaev Khanty-Mansiisk region – who is facing (see AI Index: EUR 46/027/2004, pp.17-18) charges of causing bodily harm, abuse of office and forging official documents in On 10 April 24-year-old Anzor Pokaev was connection with the “disappearance” of 26- allegedly abducted by federal troops who year-old Zelimkhan Murdalov from Grozny. raided his home in Starye Atagi. The next It was reported that in early 2004 Sergei morning villagers found his body, bearing Lapin returned to work as an armed multiple gunshot wounds, on a roadside policeman. The trial was due to resume in near the village of Prigorodnye, about 10 August. kilometres from Starye Atagi. Sharfudin Sambiev, the father of Anzor Pokaev, and Violence against women in the North nine other people from Starye Atagi had Caucasus filed an application in July 2003 with the European Court of Human Rights. On April 15 the British charity Medical Foundation for the Care of Victims of Climate of impunity for violations in Torture launched a report which provided Chechnya prevails the first-ever substantial body of reliable evidence on the use of rape in the armed The Russian and Chechen authorities conflict in Chechnya. AI and other human continued to fail to carry out thorough, rights groups had long suspected that independent and impartial investigations sexual violence in the Chechnya conflict into all allegations of human rights abuses was widespread but faced major difficulties and to bring suspected perpetrators of such documenting such cases due to the stigma abuses to justice. The majority of attached to the issue. (See: The Situation investigations appeared to be superficial in Chechnya and Ingushetia Deteriorates: and inconclusive, and prosecutions for New Evidence of Enforced Disappearances, serious human rights violations remained Rape, Torture, and Extrajudicial Executions, few and far between. AI index: EUR 46/014/2004).

On 29 April a court in Rostov-on-Don found Women in the North Caucasus region have four members of a special military increasingly become the target of human intelligence unit, including Captain Eduard rights abuses by Russian federal forces and Ulman, not guilty of the murder of six the Kadyrovtsy, allegedly as potential civilians in Chechnya. The four officers, suicide bombers. During a research mission who were involved in the incident, did not in Ingushetia in June AI obtained first-hand deny having killed the civilians, but the testimonies from several women who court found that their actions were not reported being detained and tortured, punishable as they had followed orders. In including being raped in order to force them May the General Procuracy of the Russian confess to cooperation with Chechen Federation was reportedly considering fighters. Due to the stigma attached to whether to appeal against the decision. AI sexual abuse in Chechen society, the was not aware that any charges had been women had sometimes not even told their closest relatives about the rape and had not

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received medical treatment for fear of the Chechnya and the international doctors handing them over to the federal community forces. In February the European Parliament called The case of “Madina” on the European Council to “renew calls on Russia to do its part in stopping the human At the end of April, “Madina” (her name has rights violations in Chechnya, to investigate been changed to protect her identity), a 23- disappearances, reports of torture and year-old mother of one, was allegedly other crimes, to prosecute perpetrators and tortured after being detained and held ensure that court proceedings comply with incommunicado by Russian federal forces. all legal requirements”. However, there was “Madina” reports being blindfolded and little sign of a real engagement on this taken to the Russian military base in issue between the European Union, its Khankala, where she was kept for two member states and the Russian Federation. weeks and routinely tortured, including with electric shocks. She described being On 15 April the United Nations Commission stripped naked and sexually abused on on Human Rights, for the third year running, several occasions by a group of officers. rejected an EU-sponsored draft resolution Those detaining “Madina” released her after on the situation in the Chechen Republic. two weeks, saying that they had made a Twelve members of the commission voted mistake, but threatening that if she spoke in favour of adopting the resolution, while about her ordeal she would be killed. 23 voted against and 18 abstained.

The "disappearance" of Eliza Gaitamirova Three Rapporteurs appointed by the (see AI Index: EUR 46/027/2004) Parliamentary Assembly of the Council of Europe (PACE) traveled to Chechnya and On 15 January Eliza Gaitamirova, a mother Ingushetia at the end of May 2004.Their of four children, was reportedly detained by report was expected to be presented later Russian soldiers near her house in Gekhi, in the year during the October session of Urus-Martan district of Chechnya. She has the PACE. not been seen since. Eliza Gaitamirova had received a summons to attend her district Ingushetia: No longer a safe haven police station at the beginning of the previous month which led to her being The human rights situation in Ingushetia detained until 1 January. continued to deteriorate in the first half of 2004 with violations that have long been The “disappearance” of Milana Ozdoeva the hallmark of the Chechen conflict (see AI Index: EUR 46/027/2004) increasingly spilling over the border. Raids by Russian and Chechen security forces Milana Ozdoeva, a widow from Kotar Yurt in have resulted in a number of the Achkhoi-Martan region of Chechnya, “disappearances” and killings. Chechen was reportedly questioned on 5 and 9 fighters are also suspected of being January by a member of the Russian responsible for coordinated attacks and federal forces, about allegations that she bomb blasts in the region which have in wanted to become a suicide bomber – some cases caused indiscriminate harm to which she denied. On 19 January she was civilians. taken away by several men and has not been seen since. On 6 April the President of Ingushetia, Murat Ziazikov, received minor injuries when suicide bombers reportedly detonated a powerful car bomb as they pulled up alongside the presidential cortège as it was leaving Nazran for Magas, the capital of

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Ingushetia. Six other people, including two custody. civilians, were injured during the blast which Chechen opposition fighter Shamil Closure of final tent camps for internally Basaev reportedly claimed responsibility for displaced Chechens in Ingushetia days later. The final tent camp for internally displaced On 21-22 June coordinated attacks by people (IDPs) from the Chechen Republic in Chechen fighters on police and government Ingushetia – Satsita – was closed in early targets in Ingushetia resulted in a large loss June. Four other camps had been closed of life, including of civilians (see AI Index: down in the previous six months. Prior to EUR 46/037/2004). The acting Interior the closures, IDPs had been subjected to Minister of Ingushetia, Abukar Kostoiev; his sustained pressure from local and federal deputy, Ziaudin Katiev; the Procurator of authorities to return to the Chechen Nazran, Mukhargbek Buzurtanov; and the Republic despite their well-founded fears procurator of Nazran region, Bilan Oziev about the security situation there. When were all killed. According to a the Sputnik camp was closed down by the spokesperson for the Ingush government Russian authorities on 1 April, IDPs told AI speaking a week after the attacks, a total of delegates that Chechen officials had used a 88 people died including 58 law- combination of threats and incentives to enforcement officials, 27 civilians and three encourage then to return to Chechnya. unidentified persons. Over 100 people Officials reportedly promised them were injured. compensation for lost property should they return, and threatened that they would lose The ‘disappearance’ of Rashid Ozdoev their right to humanitarian aid if they did (see AI Index: EUR 46/027/2004) not.

Rashid Ozdoev, a deputy procurator of the Freedom of expression in the Republic of Ingushetia, was reportedly Russian Federation detained on 11 March by men who are believed to work for the Federal Security Various civil society actors came under Service (FSB) of Ingushetia. Rashid significant pressure from the authorities in Ozdoev had reportedly complained to the what were regarded by many as moves Ingush and federal authorities – including towards a more authoritarian style of the Procurator General and FSB – about government. Human rights defenders, “disappearances” and killings allegedly NGOs, activists and journalists were committed by FSB personnel. At the time subjected to persecution and harassment of writing his whereabouts were still by state and non-state actors and criticism unknown. by government officials.

Raid on settlement in Altievo (see AI The case of Stanislav Markelov (see AI Index: EUR 46/039/2004) Index: EUR 46/016/2004)

In the wake of the June attacks by Chechen In April the human rights lawyer Stanislav fighters, Ingush police and federal force Markelov was attacked by five men on the personnel reportedly used excessive force Moscow metro who knocked him out and whilst carrying out a large scale raid on a stole various identity documents, his mobile spontaneous settlement of Chechen phone and a number of important case internally-displaced people on a former documents from his bag. It was feared that dairy farm in Altievo, Nazran district of he had been targeted for his work as a Ingushetia on 23 June. According to lawyer on behalf of victims in several key reports, 36 men were detained and 27 were human rights cases, a number of which released five days later. At the end of June relate to the conflict in Chechnya. Stanislav the remaining men were still being held in Markelov has been acting on behalf of the

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family of Zelimkhan Murdalov in the trial of June the Russian government reportedly Sergei Lapin (see above). closed down the State Program on Tolerance and Prevention of Extremism in Pressure on NGOs Russian Society which was launched in 2001 and was due to run until 2005. During his state of the nation address on 26 Bizarrely coinciding with a rise in racist May, President Vladimir Putin made attacks, the move was widely criticized unprecedented criticism of the non- within the human rights community and governmental community, stating that the appeared at odds with public pledges from priority of some non-governmental President Putin to tackle racism and organizations (NGOs) was “in particular intolerance. receiving funds from influential foreign and domestic foundations, while others serve Murder of human rights defender Nikolai dubious group and commercial interests”. Girenko (see AI Index: EUR 46/038/2004) He went on to comment that “far from all of them are targeted at defending the real On 19 June the human rights community interests of the people.” Some human was shaken by the brutal murder of Nikolai rights groups expressed alarm that such Girenko – a prominent human rights comments could serve to undermine their defender, Professor of Ethnology and expert work and possibly encourage further on racism in the Russian Federation. persecution of NGOs. Nikolai Girenko was shot dead through the front door of his home in St Petersburg. Two months earlier Vladimir Putin had been Days later, the neo-Nazi group, Russian overwhelmingly re-elected President of the Republic, claimed responsibility for the Russian Federation. International murder on its website. A criminal observers described the elections as “well- investigation was opened which is administered” but were critical of the overt reportedly under the control of the bias towards the incumbent displayed by Governor of St Petersburg, Valentina state-controlled media during the campaign. Matvienko.

Racist attacks continued to increase Alleged racially-motivated killings

Racially motivated attacks continued to Khursheda Sultanova, nine-year-old Tajik take place throughout the Russian girl, was brutally murdered on 11 February Federation with St Petersburg being the in St Petersburg by a gang of youths in an scene of a particularly high level of violence. alleged racially-motivated attack. The Ethnic and national minority groups and murder sent shock-waves through St foreign citizens – including students and Petersburg and other parts of the Russian asylum-seekers – were among those Federation and was condemned by several subjected to race-hate attacks, in the large senior government officials. (see AI Index: part committed by “skinhead” groups. Acts EUR 46/022/2004) of vandalism against Jewish places of worship, cemeteries and cultural centres AI wrote to the Governor and Chief were a common occurrence, as was the Prosecutor of St Petersburg in March to distribution of anti-Semitic literature. raise concern about this and other alleged racially-motivated attacks, and enquired As previously, criminal investigations – if about what measures were being taken to instigated – were generally ineffective and investigate alleged race hate crimes, led to charges of “hooliganism” rather than protect minority groups and encourage race hate crimes against perpetrators. tolerance. AI subsequently received a Human rights defenders involved in letter from the Committee for Legality, Law combating racism and discrimination were and Order and Security of St Petersburg, also victims of human rights violations. In which emphasized the status of St

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Petersburg as a tolerant and ethnically for stabbing Mamed Mamedov in the chest diverse city and the support given to but not directly causing his death. various organizations representing ethnic and national minorities by the The previous month, verdicts were handed administration. The letter indicated that down to the alleged perpetrators of the “special attention” was paid to the notorious Yasanevo attack – when some investigation of such crimes but that 150 skinheads reportedly attacked and attacks were of a “common criminal racially abused market traders at the character” and were not related to “inter- Yasenevo outdoor market in Moscow on the ethnic conflict”. anniversary of Hitler’s birth in April 2001. Five of the reported 150 people involved in Amaru Antoniu Lima from Guinea-Bissau the attack were brought to trial. The main was stabbed to death in broad daylight on defendant, Andrei Semiletnikov, reportedly 21 February near the Medical Academy in deputy editor of an extreme nationalist Voronezh where he was a student. Foreign magazine called Russkii Khoziain (Russian students staged a three-day walkout Master), was acquitted of organizing the following the murder in protest at this and attack and inciting minors to commit a other alleged racially motivated killings and serious crime. Three other defendants attacks which have taken place in Voronezh. were found guilty of participation in the (see AI Index: EUR 46/023/2004) attack -- two being given suspended sentences and the other sentenced to six Abdul Wase Abdul Karim, an asylum-seeker months’ imprisonment -- and the final from Afghanistan, was viciously beaten, defendant was acquitted. According to allegedly by a group of skinheads, in the reports, the jury struck down several south of Moscow on 25 March. He died in charges – including assault and incitement hospital six days later without having to violence – that carry longer sentences. regained consciousness. (see AI Index: EUR Reportedly, the verdicts were upheld by the 46/025/2004) Supreme Court in June.

Prosecutions relating to race hate crimes Discrimination against other minorities On 11 March three skinheads were convicted for involvement in the September Targeting of Roma (see AI Index: EUR 2002 racially-motivated murder of a 53- 46/033/2004) year-old Azeri watermelon vendor, Mamed Mamedov. Some 20-25 people in total In May St Petersburg police launched an were allegedly involved in the attack. The operation targeting Roma which AI feared perpetrators filmed the murder and the could lead to violations of their human videotape was reportedly seized by the rights, and in Obukhovo, St Petersburg police within days of the attack and used as region, Romani huts in a spontaneous evidence. Eighteen-year-old Aleksei Lykin settlement were alleged burnt down by was convicted under Article 282 of the police. In addition, threats of skinhead Criminal Code of the Russian Federation for attacks in Pskov region in north-western “incitement of national, racial or religious Russia reportedly forced Roma to leave enmity” and released straight from the their homes due to alleged police failure to court as the time he had spent in pre-trial protect them. AI wrote to the Governor of detention was counted against his sentence. St Petersburg in June to raise concern Viacheslav Prokofiev, aged 17, was about the treatment of Roma in St sentenced to seven years’ imprisonment, Petersburg. rather than the prescribed eight to 12 years for murder, because the judge deemed he had shown “sincere repentance”. Maksim Firsov, also 17, was sentenced to four years

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Discrimination against Meskhetians of prevent the incitement of racial hatred, in Krasnodar Territory continued accordance with international law. According to some reports a previously In January the deputy Interior Minister, unknown Chechen group claimed Aleksandr Chekalin announced that responsibility for the blast. Meskhetians in Krasnodar Territory had no problems obtaining citizenship of the Igor Sutiagin: Political prisoner (see AI Russian Federation, a claim strongly denied Index: EUR 46/004/2004) by human rights groups which reported that local and regional authorities in the territory On 5 April the Moscow City Court found continued to deny Meskhetians access to Igor Sutiagin, a 39-year-old nuclear citizenship and registration, in defiance of scientist, guilty of high treason in a closed federal law, for discriminatory reasons (see trial. Two days later, the court handed him AI Index: EUR 46/001/2003). The result of the longest prison term for high treason the authorities’ failure to enforce the right since Soviet times - 15 years in a strict to citizenship has been discrimination in regime penal colony. Igor Sutiagin's arrest almost every aspect of daily life, including and charges raised serious concerns that education, employment and health care, for the case was brought for political reasons. the Meshketians – a mostly Muslim group He is one of more than a dozen forcibly relocated from southwest Georgia independent scientists, journalists, and in 1944 by the former Soviet regime. environmentalists, who have faced politically motivated prosecutions in the A US resettlement project for the past decade for their cooperation with Meskhetians of Krasnodar Territory foreigners on sensitive issues. Violations of continued to take shape with reportedly international fair trial standards marred over 5,000 Meskhetians having submitted proceedings against Igor Sutiagin applications by the end of April. According throughout the investigation and trial. to reports, prospective applicants had until August to submit their applications. The AI considered Igor Sutiagin a political first group of Meskhetians was due to be prisoner and called for a prompt retrial of resettled in July. his case to be conducted in accordance with international standards of fair trial, and for Hostility to Chechens followed Moscow his release from prison pending retrial. metro bomb blast YUKOS case update A bomb blast on the Moscow metro on 6 February killed up to 41 people and injured As the highly politicized YUKOS affair more than 100. The train was on its way continued to unfold, Mikhail Khodorkovskii into the Paveletskaia metro station when an remained in pre-trial detention on charges explosion ripped through its second of fraud and tax evasion, despite repeated carriage during the morning rush hour. appeals by his lawyers for him to be Senior government officials, including released on bail. Aleksei Pichugin, a President Putin, were quick to label the YUKOS security official arrested in June incident a terrorist attack and blamed 2003, and Platon Lebedev, a YUKOS Chechens for carrying out the explosion. In shareholder and close business associate of the wake of the attack, AI issued a press Mikhail Khodorkovskii, arrested in July 2003, release (see AI Index: EUR 46/007/2004) were also kept in pre-trial detention by raising concern about the wave of hostility court rulings. towards Chechens and other people from the Caucasus region which was reported in On 16 June the trial of Mikhail the capital following the metro blast. The Khodorkovskii and Platon Lebedev began in organization called upon the authorities to the Meshchanskii inter-municipal court in take immediate and decisive steps to Moscow. Both men faced seven counts of

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fraud, tax evasion and embezzlement and detainees on the proviso that they would be were accused of defrauding the state of investigated and prosecuted under Russian over one billion dollars (825 million euros). law. The men were freed by court order Mikhail Khodorkovskii and Platon Lebedev with no explanation given by prosecutors denied the charges against them and for their release. maintained that the case against them was politically-motivated, as did many domestic Anti-terror legislation human rights groups. In June the State Duma approved Concerns continued to be raised about the amendments to the Criminal Code health of Platon Lebedev and Aleksei extending the maximum penalty for those Pichugin who have reportedly been denied convicted of terrorist offences resulting in access to independent medical death or other grave consequences from 20 examinations despite repeated requests years to life imprisonment. In addition, the from their counsel. Various reports amendments laid down penalties of from indicated that Platon Lebedev was suffering eight to 12 and from 10 to 20 years’ from hypertension, hepatitis and possibly imprisonment for terrorist activities by advanced liver disease. AI wrote to the individuals and organized groups Minister of Justice of the Russian Federation respectively. The increased penalties were in April raising concern about the reported reportedly precipitated by the Moscow deterioration in the health of both men metro bomb blast on 6 February. whilst in pre-trial detention, and calling for the men to be allowed to have an independent medical examination. SERBIA AND In late June the Ministry of Justice replied MONTENEGRO to AI emphasizing that several detailed medical examinations had been conducted to determine the state of Platon Lebedev’s Background health and that he had been medically examined on 2 March, led by the Chief Following general elections in Serbia in Physician of the City of Moscow, who gave December 2003 in Serbia, in February a recommendations. The letter stated that coalition government was formed headed after the consultation, Platon Lebedev by Vojislav Koštunica of the Democratic refused to undergo the further examination Party of Serbia (DSS); the new government (fibrogastroduodenoscopy) scheduled for 19 was approved by the Serbian National May and failed to attend an eye test on 23 Assembly on 3 March. March. Platon Lebedev’s health was described by the Ministry of Justice as On 4 February, Dragan Maršicanin of the “stable, satisfactory”. However, AI has DSS was elected speaker of the Serbian continued to receive reports concerning National Assembly and acting President of Platon Lebedev’s poor health. Serbia pending elections held in June when Boris Tadic of the Democratic Party (DS) Guantánamo prisoners returned to was elected. Russia and released In February, the trial began of Radomir In a surprise move, seven Russians -- who Markovic, former head of Serbian state had been held in pre-trial detention in security, and other serving or former southern Russia since being returned from security officials. They were accused of Guantánamo Bay in late February -- were involvement in an attempt in 1999, in released on 22 June without going on trial. which four people died, to kill current The US government had reportedly agreed Foreign Affairs Minister Vuk Draškovic, at to return the Russian Guantánamo the time a leading opposition politician. The trial of those accused of involvement in the

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murder in March 2003 of Prime Minister Croatia and Bosnia-Herzegovina. Some 20 Zoran Ðindic continued. On 1 March an suspects indicted by the Tribunal and eye-witness to the assassination, Kujo believed to be in Serbia and Montenegro Kriještorac, was shot dead in his car. On 2 remained at large. May the prime suspect for the Ðindic assassination, Milorad “Legija” Ulemek- The Serbian authorities refused to transfer Lukovic, surrendered in Belgrade. Serbian Assistant Interior Minister (dismissed in March) and former Kosovo The new Montenegrin criminal code became police chief Sreten Lukic, former Yugoslav applicable on 6 April. The new code army chief Nebojša Pavkovic, and former retained libel and slander as criminal commander of Priština Corps Vladimir offences but eliminated custodial sentences Lazarevic, all indicted by the Tribunal for for them. crimes against humanity and violating the laws or customs of law in Kosovo in 1999. The UN Interim Mission in Kosovo (UNMIK) Nebojša Pavkovic stated that he was willing continued to administer Kosovo, with the to be tried in Serbia. Former Chief of Public Special Representative of the UN Secretary- Security Department Vlastimir Ðordevic General (SRSG) holding executive powers. who was similarly indicted and believed to In May SRSG Harri Holkeri resigned on be in Russia also published a letter stating health grounds and was replaced in June by he was willing to be tried in Serbia but not S?ren Jessen-Petersen. at the Tribunal. In June Vladimir “Rambo” Kovacevic, indicted for violating the laws or War crimes customs of war in connections with the shelling of Dubrovnik, was given a six- The trial of former President Slobodan month provisional release due to mental Miloševic, accused of responsibility for war illness and he was transferred to the crimes committed in Croatia, Bosnia- Belgrade Military Medical Academy. Herzegovina and Kosovo, continued before the International Criminal Tribunal for the In January a district court in The Hague former Yugoslavia (Tribunal) in the Hague began hearings to establish whether there with the prosecution concluding the case was a case against the Netherlands, as a against the accused. In June the court member state of the North Atlantic Treaty rejected calls from the defence for the Organization (NATO), for violating charge of genocide against Slobodan international law by the NATO bombing of Miloševic to be dropped and ruled that Radio Television Serbia (RTS) in central “there existed a joint criminal enterprise, Belgrade in April 1999. The proceedings which included members of the Bosnian were launched on behalf of the families of Serb leadership... and that its participants the 16 RTS employees killed in the attack. committed genocide in Brcko, Prijedor, On 19 April the International Court of Sanski Most, Srebrenica, Bijeljina, Kljuc and Justice (ICJ) at the Hague initiated Bosanski Novi" and ruled that there was proceedings against eight NATO countries – enough evidence for a court to implicate Belgium, the Netherlands, Canada, Portugal, Slobodan Miloševic as a participant in that UK, Germany, France and Italy - accused in joint criminal enterprise. 1999 by Serbia and Montenegro, then called the Federal Republic of Yugoslavia In June the Tribunal ruled that crimes (FRY), of genocide in connection with the committed in the Vojvodina region for NATO military intervention over Kosovo in which Vojislav Šešelj - leader of the Serbian 1999. In June 1999 the ICJ had rejected Radical Party, the largest party in the similar complaints by FRY against Spain and Serbian Assembly - was accused did not fall USA. within the Tribunal’s remit as there had been no armed conflict there at the time. In June the Tribunal Prosecutor Carla Del He remained indicted for war crimes and Ponte complained that the Serbian crimes against humanity committed in

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authorities’ cooperation with the Tribunal Milan Pantic in April 1999 and June 2001 had all but ceased. respectively, and former secret policeman Momir Gavrilovic in March 2004. Dragan On 9 March the trial began before the Jocic also called for a new inquiry into the special War Crimes Panel within the District assassination of Zoran Ðindic and Court of Belgrade of six people indicted by expressed doubts surrounding the Serbia’s special war crimes prosecutor in circumstances surrounding the deaths on connection with the Ovcara massacre near 27 March 2003 of the main suspects, Dušan Vukovar in Croatia in 1991. Another of Spasojevic and Mile Lukovic. The police had those indicted for the crime died on 8 March announced at the time that the two men from injuries received when he jumped had been shot dead in an exchange of fire from a window at Novi Sad Hospital on 27 with police officers while resisting arrest. January in a suicide attempt. In May 12 On 30 April the Belgrade weekly NIN more suspects were added to the published findings from the official autopsy indictment. reports carried out on the deceased on 31 March 2003 which indicated that Dušan On 17 March Saša Cvjetan, a member of Spasojevic had been shot in the back while Serbia’s notorious “Scorpions’’ special “anti- kneeling or lying on the ground, and that terrorist’’ police unit, was sentenced in Mile Lukovic had been beaten and shot in Belgrade to 20 years’ imprisonment for the the head at close range. On 14 May Dragan murder of 19 ethnic Albanians in Podujevo Jocic announced that an investigation would in 1999. be held into the deaths of the two men.

Exhumations Police torture and ill-treatment

Serbia continued to hand over to UNMIK There appeared to be a drop in the number bodies of ethnic Albanians murdered in of alleged instances of police torture or ill- Kosovo and buried in mass graves treatment in the reporting period. On 6 throughout Serbia in the localities of April Minister of Internal Affairs Dragan Batajnica near Belgrade, Petrovo Selo, and Jocic stated that there had been human Bajina Bašta near Lake Perucac. Some 40 rights violations during “Operation Sabre” – bodies were handed over in March and a the widespread clamp-down on organized further 34 in May making a total of 276 of crime following the assassination of Zoran the 836 exhumed from these sites. On 16 Ðindic. On 14 May Assistant Minister of March the spokesperson for the Serbian Internal Affairs Vladimir Božovic, referring special war crime prosecutor announced to the September 2003 report by AI of that “intensive investigations” were ongoing widespread torture during “Operation into the Batajnica and Petrovo Selo mass Sabre” (see Serbia and Montenegro: graves – both situated on Ministry of the Alleged torture during “Operation Sabre”, Interior property – but no indictments had AI Index: EUR 70/002/2004) stated that been issued by the end of June. In May 55 there had been six cases of torture during bodies from the 1991-92 war with Croatia, the operation; (later clarification indicated buried in cemeteries in Belgrade and in this statement to be based on Obrenovac, were exhumed. investigations carried out by the Ministry solely into cases reported by AI). The Investigations into past political Defence and Security Committee of the murders Serbian National Assembly charged with overseeing the police and security In April Serbian Minister of the Internal apparatus, proposed the formation of Affairs Dragan Jocic announced that a commission of inquiry into all aspects of special task force had been set up to “Operation Sabre”. investigate unsolved murders including those of journalists Slavko Curuvija and

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Attacks on minorities illegal border crossing: the defendants were released from custody pending appeal. In response to widespread attacks on Serb communities in Kosovo by Albanians in In June the US State Department in its March (see below) there were a number of annual report of trafficking noted that in attacks on minorities in Serbia and attacks Serbia: “Official corruption is a continuing on mosques in Belgrade and Niš. On 19 problem; off-duty police officers were March the authorities announced that 88 caught providing security at venues where people had been arrested for attacking the trafficking victims were located. Most of police in Belgrade during these disturbances these individuals received only and a further 53 arrested for rioting in administrative sanctions, but one officer Belgrade as well as nine (later 11) people was charged with a criminal offense”. For arrested in Niš for burning the Hadrovic Montenegro the report noted that: “…of the mosque. On 22 March it was announced 15 cases submitted to the prosecution since that 24 people had been arrested for 2002, there have been no convictions. attacking Albanian and Gorani business Official corruption remains a problem; premises in the Vojvodina. victims named police and government officials who were among their clients but There was a rise in attacks on and racist the government did not take legal action.” actions directed against minorities in the multi-ethnic Vojvodina region. In early April Kosovo Hungarian foreign minister Lazslo Kovacs telephoned Serbian Prime Minister Vojislav War crimes, arrests trials and Koštunica to call on Belgrade to take a firm retrials stance with respect to violent incidents against the Hungarian minority in the On 9 January the Kosovo Supreme Court Vojvodina region. In June the non- ordered the retrial of Andjelko Kolasinc, governmental Helsinki Committee for former mayor of Orahovac/Rahovec. He Human Rights in Serbia reported that there had been sentenced in February 2003 to had been 40 attacks on minorities in the eight years’ for war crimes. On 12 January Vojvodina region since the elections in Dragan Mihajlovic was arrested in December 2003 when the nationalist Mitrovica/ë for war crimes in connection Serbian Radical Party won the most seats in with the murder of three Albanians and the Serbian National Assembly. attempted murder of two others in April 1999. On 16 February seven Albanian Trafficking of women and girls for members of the Kosovo Protection Corps forced prostitution (KPC), former members of the Kosovo Liberation Army, were arrested for crimes Serbia and Montenegro remained a source, committed between June and August 1998 transit and destination country for women including the murder of Kosovo Albanians. and girls trafficked for forced prostitution. On 27 February the Kosovo Supreme Court In cases where those involved in the acquitted KPC General Sali Veseli of all trafficking were brought to justice, the charges; he had been sentenced to 10 courts imposed lenient sentences. On 5 years’ for conspiracy to murder Ekrem March Belgrade District Court found Rexha (‘Commander Drini’). On 24 May KPC Milovoje Zarubica and 12 others guilty of member Islam Gashi and his father Isuf involvement in trafficking women and girls Gashi-Baca were arrested for war crimes from Moldova. They received sentences including the murder of Kosovo Albanians. ranging from five months to three-and-a half years’ imprisonment on charges which included rape, mediation in prostitution, forgery, illegal deprivation of liberty and

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Accountability of KFOR – the NATO- Niš Express bombing – main suspect led international force in Kosovo detained

KFOR troops are only accountable to their On 7 June Florim Ejupi was arrested in respective national legislatures (see The Albania and transferred to Kosovo on 8 apparent lack of accountability of June. He was a main suspect in the Niš international peace-keeping forces in Express bombing of 16 February 2001 in Kosovo and Bosnia-Herzegovina, AI Index: which 11 Serbs were killed and over 40 EUR 05/002/2004.) On 7 April the first injured when the lead bus of the Niš case where an alleged human rights Express convoy, in which they were violation by KFOR troops in the course of travelling from Serbia proper to Kosovo, their duty was brought before a national was destroyed by a remote-controlled bomb judiciary of a respective sending state near Podujevo. He had previously escaped ended in the UK. The UK High Court ruled in from detention in US Camp Bondsteel in civil proceedings that the UK government Kosovo in May 2001. should pay compensation to Mohamet and Skender Bici for damages caused when in The violence of 17 – 19 March 1999 UK KFOR troops opened fire on the car in which they were travelling in an From 17 – 19 March Kosovo inter-ethnic incident in which two other passengers in violence erupted throughout Kosovo (see the car, Fahri Bici and Avni Dudi, were Serbia and Montenegro (Kosovo/Kosova): killed. An investigation by the UK Royal The March Violence: KFOR and UNMIK’s Military Police into the incident had cleared failure to protect the rights of minority the three soldiers responsible for opening communities, AI Index: EUR 70/016/2004) fire. However, the presiding judge ruled The violence began after reports that three that the soldiers had deliberately and Albanian children had drowned after four of unjustifiably caused the injuries. The judge them had jumped into the river Ibar near reportedly reached the "clear conclusion" the northern town of Mitrovica/Mitrovicë on on the evidence, including that of witnesses 16 March. The fourth boy, who had and "extremely powerful" forensic findings, survived, reportedly claimed that they had that the soldiers were not being threatened been attacked by Serbs and jumped into with being shot when they opened fire, and the river to escape, although the official there were no reasonable grounds for them investigation into the deaths by an to believe that they were. international prosecutor found no evidence to support this claim. The previous day in Failure to solve inter-ethnic crimes Caglavica/Çagllavicë near the capital Priština/Prishtinë an 18-year-old Serb was UNMIK continued to fail to make any seriously injured in a drive-by shooting, significant progress in investigating and believed to have been perpetrated by bringing to justice those responsible for the Albanians, and resulting in road-blocks by many ethnically motivated murders and Serbs in protest. other violent attacks which have occurred since 1999 (see Serbia and Montenegro Following reports of the drowning of the (Kosovo): The legacy of past human rights three boys, large crowds of Albanians and abuses, AI Index: EUR 70/009/2004). On Serbs gathered on 17 March in 23 February then-Serbia and Montenegro Mitrovica/Mitrovicë – which has been the Foreign Minister Goran Svilanovic wrote to scene of violent inter-ethnic clashes in the the UN Security Council pointing out that 22 past – on either side of the bridge over the Serbs had been murdered in inter-ethnic river Ibar which divides the town between violence in Lipljan/Lipjan alone since UNMIK the predominantly Serbian north and took control in June 1999 and that none of Albanian south. Violence broke out, these cases had been solved. including grenades thrown at KFOR soldiers: reportedly seven people were killed and

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hundreds wounded. The wounded included estimated that 350 Kosovo Albanians were 11 French KFOR troops attempting to keep displaced from the northern section of order reportedly by using rubber bullets Mitrovica.” and stun-grenades. The situation appeared to have calmed by the evening of 17 March In a number of places during the March when a curfew of 7pm local time was violence the security forces, including KFOR imposed on the town. In the meantime, contingents, failed to adequately protect violence had spread to a number of places minority communities in the violent clashes. throughout Kosovo including the capital For example, the long-settled Serb Priština/Prishtinë and almost every major community of Svinjare/Frashër were forced town. The authorities estimated the events out of their homes, which were then burnt, involved some 51,000 people in 33 violent by a crowd of some 500 Albanians. incidents throughout Kosovo – Svinjare/Frashër is located within some 500 predominantly involving Albanians attacking metres of a main French KFOR base. KFOR Serb enclaves and communities, but also evacuated all the inhabitants, some 200, involving Albanians attacking other but did nothing to try and deter the minorities, notably the Ashkali community arsonists. in Vucitrn/Vushtrii. There were also reports of Albanians forced to flee the Serb There were also serious allegations of majority areas of N. Mitrovica/Mitrovicë and complicity by Albanian members of the KPS Leposavic/Leposaviq. The UN Secretary in inter-ethnic attacks in a number of places General Kofi Anan reported that: including Vucitrn/Vushtrri where the entire Ashkali community were forced out of their “A total of 19 persons died in the violence, homes, which were then torched, by a of whom 11 were Kosovo Albanians crowd of some 300 Albanians. The Ashkali and 8 were Kosovo Serbs, and 954 persons in Vucitrn/Vushtrri had been subject to were injured in the course of the clashes. similar inter-ethnic violence in 1999 and In addition, 65 international police officers, had then also been forced out of their 58 Kosovo Police Service (KPS) homes. However, from May 2002 many officers and 61 personnel of the Kosovo returned after conditions for sustainable Force (KFOR) suffered injuries. return, facilitated by an ethnic Albanian Approximately 730 houses belonging to non-governmental organization in minorities, mostly Kosovo Serbs, were conjunction with UNMIK and the UN High damaged or destroyed. In attacks on the Commissioner for Refugees, had apparently cultural and religious heritage of Kosovo, been put in place. 36 Orthodox churches, monasteries and other religious and cultural sites were On 17 June UNMIK announced that police damaged or destroyed.” had so far arrested 270 individuals for offences related to the violent events with “The violence in March has completely International Prosecutors handling 52 cases reversed the returns process. Minority of a more serious nature involving 26 areas were targeted, sending a message defendants of whom 18 were in detention, that minorities and returnees were not and approximately 120 cases being handled welcome in Kosovo. In less than 48 hours, by local prosecutors, either in the Minor 4,100 minority community members were Offences, Municipal or District Courts of newly displaced, more than the total of Kosovo. However, by June UNMIK had not 3,664 that had returned throughout 2003. given details of any cases involving alleged The majority of those who fled were in the KPS complicity. Pristina and southern Mitrovica regions (42% and 40%, respectively), but By June some 1,600 of those displaced displacement affected all regions of Kosovo. during the March violence had returned top Of the displaced, 82 per cent are Kosovo their homes. The Provisional Institutions of Serbs and the remaining 18 per cent Self-Government (PISG) set up a Damage include Roma and Ashkali displaced. It is Assessment Committee headed by Minister

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Behxhet Brajshori who announced on 25 the police action and the security May that the committee had estimated the arrangements in the community following damage to homes as totalling some €12m. these events, that they did not seek to be He also emphasized that all the destroyed medically examined in order to document or damaged houses would be rebuilt by the injuries suffered as a result of the ill- end of October 2004. However, the issue of treatment, or to file official complaints. compensation for moveable goods - Photographs of a number of injured Roma personal property including furniture, appeared in the Slovak press on the next machinery and livestock – had by not been day. agreed by the end of June. At least 26 people were detained and taken into custody where they were reportedly subjected to beatings and degrading SLOVAKIA treatment. According to two men who were released two hours following their arrest, all The Roma detained men were stripped to the waist, ordered to face the wall and repeatedly In February protests by members of the struck on the back with truncheons. They Roma minority in Eastern Slovakia, which were allegedly also kicked on the back of were reportedly sparked off by changes in their legs. They were reportedly not allowed the social welfare policy, escalated in some to contact a member of their family or a instances into rioting and looting. Although third person about their whereabouts, to AI did not condone the violence it was contact a lawyer or to be examined by a concerned about reports that in some doctor of their choice. instances police officers resorted to excessive use of force, verbal racist abuse Another alleged incident of police ill- and even to deliberate ill-treatment. treatment took place in Caklov, on 25 February, after the police came to arrest a According to information received from the number of women who were suspected of European Roma Rights Center (ERRC), and having stolen food from the state-owned the Center for Roma Rights in Slovakia store in the town. The police officers (CRRS), around 250 police officers came to reportedly chased after the alleged suspects Trebišov in the early morning hours of 24 wielding their truncheons in a threatening February. Although their declared objective manner, with an officer reportedly hitting 14 was to apprehend those who were three-year-old G.G. on the head. The boy suspected of theft, destruction of property later received medical treatment and the and assaulting the police in disturbances police officer involved returned to the which took place in the town the previous settlement to apologize to the family for his evening, it had been alleged that the police conduct. Twenty-three women and two men also intended to intimidate and harass were arrested on 25 February, and a members of the Romani community. In the further fourteen women were arrested the course of the day, police officers reportedly following day. During the arrests some of indiscriminately entered Romani homes the officers reportedly called the suspects without presenting search warrants or "whore", "dirty gypsy" and other racist having other appropriate legal grounds for insults. Relatives were reportedly refused such actions. They reportedly beat with information about the place where the truncheons, prodded with electric batons, detained women and men had been taken. kicked and otherwise physically assaulted On 26 February an ERRC representative men, women and children, irrespective of accompanied a man whose wife had been their age or physical and/or mental detained when the Director of the Judicial condition. Some of the officers reportedly Police in Vranov nad Topl'ou refused to give addressed racist insults to the victims. The victims were said to be so intimidated by 14 The child’s full name is known to AI but withheld to protect his identity.

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him any information regarding her authorities and, inter alia, appealed “for a whereabouts. Following a court hearing on full, transparent and impartial investigation 27 February, detainees who were being into the recent allegations concerning driven away from the court house in a bus sterilisations of Roma women without their were able to indicate in messages written full and informed consent”. Similar criticism on paper pressed against the bus window to and recommendations concerning the their relatives waiting outside that they conduct of the investigation into allegations were being held in Levoca. of illegal sterilization of Romani women were expressed by the UN Human Rights In March AI expressed concern to Prime Committee and the Council of Europe’s Minister Mikuláš Dzurinda that the Commissioner for Human Rights (see disturbances in Eastern Slovakia may have Slovakia: Failed investigation into been provoked not only by the changes in allegations of illegal sterilization of Romani social welfare policy but in the persistent women, AI Index: EUR 72/005/2003). In failure of the Slovak authorities to June, the General Prosecutor rejected an effectively combat anti-Roma discrimination. extraordinary appeal of some of the Roma Over the years the organization had victims to re-open the investigation and particularly been concerned about confirmed the decision that no criminal allegations of torture and ill-treatment of offence had been committed in the reported Roma by law enforcement agents as well as cases. about incidents of racist violence in which the Roma had not been adequately protected. AIl noted that the apparent impunity for police officers who commit SLOVENIA abuses during operations in Romani settlements leads to further human rights violations. The government’s failure to Citizenship and residency rights publicly condemn such police conduct fosters an atmosphere which condones The issue of the status of thousands of racist violence, a severe human rights former Yugoslav citizens who were removed problem which affects the Roma and some from the Slovenian population registry in foreign nationals in Slovakia. AI believes 1992 (otherwise known as the "erased") that police impunity contributed to the remained unsolved. Most of the individuals sentiment of many Roma in Slovakia that removed from the registry were citizens of they were not provided equal protection other former Yugoslav republics who had under the law, which may have also been living in Slovenia and had not filed an contributed to the frustration demonstrated application for Slovenian citizenship, after in the Romani protests. Slovenia became independent. The Slovenian Constitutional Court had ECRI Report recognized that this measure constituted a violation of the principle of equality and, in those cases where the individuals In January, the European Commission concerned had to leave the territory of against Racism and Intolerance (ECRI) Slovenia, it gave rise to a violation of their published its third report examining racism, rights to a family life and to freedom of xenophobia, anti-Semitism and intolerance movement. AI was concerned that the in Slovakia. ECRI, among other things, removal from such registers also gave rise expressed concern about racially-motivated to violations of social and economic rights: violence, including police ill-treatment. The in some cases the individuals concerned Roma minority, according to ECRI “remains lost their employment and pension rights. severely disadvantaged in most areas of life, particularly in the fields of housing, The Slovenian Constitutional Court had employment and education”. ECRI made established in April 2003 that previous extensive recommendations to the provisions to resolve this issue were

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inadequate and ordered the Slovenian in institutions appeared to be widespread; authorities to retroactively restore the at the high incidence of violence against permanent resident status of former children in schools on the part of teachers Yugoslav citizens who were unlawfully or staff as well as of peer violence and removed from Slovenian registers. In a bullying, and at instances of discrimination referendum in April approximately 95 per against the children of Roma and other cent of voters rejected the "technicalities minorities, including Serbs, Bosniaks, bill", which had been adopted to implement Albanians and Croats. The Committee noted the Constitutional Court's decision, and in particular that "Roma children continue which would have applied to approximately to be among the most vulnerable groups in 4,000 out of a total of about 18,300 Slovenia and that some programmes individuals removed from the registry. aiming at uplifting Roma communities make Several political leaders and Slovenian non- a distinction between 'autochtonous' and governmental organizations had called for a 'non-autochtonous' Roma and exclude the boycott of the referendum, which saw a latter group." Moreover, the Committee was turnout of around 31 per cent. Initiatives to concerned at the "high number of Roma hold a second referendum on the so-called children attending classes for children with "systemic bill", a second act aimed at special needs." addressing the issue of the "erased", were blocked by the Constitutional Court.

In the absence of a clear legal framework SPAIN regulating the implementation of the Slovenian Constitutional Court's decision, General background the Slovenian Ministry of the Interior has begun issuing permanent residence decrees A general election on 14 March, with a large directly implementing the Court's decision. turn out of voters, resulted in a narrow and As of mid-May, approximately 3,100 such unexpected victory for the Socialist Party decrees has been issued, according to (PSOE), with José Luis Rodríguez Zapatero information provided to AI by the Slovenian forming a minority government. The Prime authorities. Minister announced that he would not seek to form a coalition government but would UN Committee on the Rights of the rule with the agreement of different political Child parties. Shortly after coming to power the new government and the main opposition In January the UN Committee on the Rights party, the Partido Popular (People’s Party – of the Child (Committee) considered PP), agreed on a renewed anti-terrorist pact Slovenia's second periodic report on (Acuerdo por las Libertades y contra el measures to give effect to the rights Terrorismo) which was thought likely to enshrined in the Convention on the Rights focus on measures against both ETA and of the Child. The Committee expressed Islamist groups professing to, or carrying concern at the negative effect on many out, acts of violence. One of the new children of the removal of former Yugoslav government’s first actions was to pull citizens from the population registry, noting Spanish troops out of Iraq. Until June, that "they and their families lost their right Spain had more than 1,300 soldiers there, to health care, social assistance and family despite massive domestic opposition to the benefits as a consequence of losing their war. permanent residence status and children born in Slovenia after 1992 became UN Special Rapporteur on torture stateless." finds it “more than sporadic”

Moreover, the Committee expressed concern that child abuse in the family and In February the Special Rapporteur on torture issued a report on a visit to Spain in

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October 2003. The aim of the visit was to explode. The multiple bombings came study the various safeguards for the during the Spanish general election protection of detainees in the context of campaign. Initially the Spanish government anti-terrorism measures. The Rapporteur consistently implicated the Basque armed noted that “the degree of silence that group Euskadi Ta Askatasuna (ETA) in the surrounds the subject and the denial by the massacre, although early reports suggested authorities without investigating the that another group, linked with al-Qa’ida, allegations of torture has made it was involved. Subsequently a connection particularly difficult to provide the with ETA was generally ruled out. The scale necessary monitoring of protection and of the attacks was unprecedented in Spain guarantees”. He concluded that, “in the and one of the most serious to take place in light of the internal consistency of the a European Union member state. In a information received and the precision of public statement AI expressed its outrage, factual details … these allegations of torture and its deepest sympathy for the victims, cannot be considered to be fabrications”. their relatives and loved ones. “Targeting Although not a regular practice, “their commuters going about their daily business occurrence is more than sporadic and shows complete contempt for the most incidental”. He recommended that the fundamental principles of humanity”, AI Spanish government draw up a stated. It called for the perpetrators to be comprehensive plan to prevent and brought promptly to justice in proceedings suppress torture and that the which met international standards. incommunicado regime be abrogated. In the immediate aftermath of the Many of the UN Special Rapporteur’s bombings, Angel Berroeta was shot dead in findings were in accordance with those of AI, his bakery in Pamplona (Navarra) by an off- as well as with those of the UN Committee duty National Police officer, reportedly against Torture and the Council of Europe’s because he had refused to put up a poster Committee for the Prevention of Torture denouncing ETA, with reference to the 11 and Inhuman and Degrading Treatment or March bombings. The officer reportedly Punishment (CPT). However, the Spanish came in to the bakery after hearing about government made a number of objections his refusal to put up the poster, and fired to the report and maintained that “every four shots at Angel Berrotea, who was dead single accusation of torture or ill-treatment on arrival at hospital. is investigated” and that “the assertions made by the Rapporteur concerning the By June up to 52 suspects had been passivity and permissiveness of the legal arrested in connection with the bombings. A and administrative authorities are number were released. In May two suspects, completely unacceptable”. The considered to be indirectly related to the Government’s response showed a bombings, were expelled from Spain as continuing refusal to contemplate the threats to national security under the Aliens introduction of safeguards into the Law (Ley de Extranjería) and other incommunicado regime, as advocated by a expulsions were under consideration. number of international bodies, on the Various political parties and associations grounds that they were not necessary. expressed fears that the Aliens Law could be applied in an arbitrary manner. Madrid bombings Race-related violence On 11 March ten nearly simultaneous explosions, on four commuter trains at a) El Ejido: There were reports that the three different stations in Madrid (Atocha, municipal corporation of El Ejido (Almería) El Pozo and Santa Eugenia), caused the had unanimously agreed to petition the deaths of 191 people and injured over Minister of Justice for a pardon for two 1,600. Three further bombs failed to residents who had been convicted for the

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abduction and physical abuse of three torture – however, of a minor degree, undocumented Moroccan and Algerian bearing in mind that it has not been proved workers in December 1997. The judgment that he suffered any physical injury as a of the Provincial Court (Audiencia Provincial) result of the officers’ actions and that the of Almería, which sentenced the two men to incident was of short duration …”15 Despite a total of seven and a half years’ the existence of sound recordings of the imprisonment each, was confirmed by the incident, the officers denied any culpability Supreme Court on 5 March. The Moroccans, (the evidence of one officer was later thought by the perpetrators to be thieves, nullified because he had not been informed were driven to an isolated area and beaten of his right to be assisted by a lawyer) and with sticks and baseball bats. There were the court declared that it was unable to also allegations that, during the previous identify the perpetrators. year, up to 100 Moroccans had been subjected to race-related harassment and The court judgment was a clear example of ill-treatment by a Local Police officer in El the kind of impunity which AI criticised in Ejido, and that the situation had its report Crisis of identity (AI Index: EUR deteriorated following 11 March. The officer 41/001/2002), in which the case of Driss was known by the name of “Sharon”. The Zraidi was described. The court recognised Andalucian Ombudsman (Defensor del that the Moroccan had sustained injuries, Pueblo Andaluz) opened an investigation including three broken ribs, taking 50 days into the allegations to cure. However, the court was not clear at what time the injuries had been sustained, b) Update on case of Driss Zraidi (see AI and thought they could have occurred Index: EUR 41/001/2002): In May, ni a “legitimately”, during a difficult arrest. The disturbing judgment, the Provincial Court of court observed that, according to a doctor’s Girona acquitted, for lack of evidence, 14 report, it was not necessary to use much Mossos d’Esquadra, officers of the Catalan force to break ribs. The court also autonomous police, who had been charged recognised, from the voice recordings, that with torture and ill-treatment of the racist abuse (eg. “Moorish scum, we’re Moroccan national, Driss Zraidi, in the going to kill you”) had taken place, but police station of Roses (Girona) in August decided that the torture was probably 1998. Although the court confirmed that “light” and that it was impossible to Driss Zraidi, who had received injuries in establish identity. “The cries of pain and the course of his arrest, had indeed been groans … are compatible with the carrying tortured and racially abused following his out of light ill-treatment – pushing about arrest, agreeing that a number of officers and vigorous shaking – of a person already had entered his cell deliberately to harass injured and suffering, in fact, from broken and hurt him, it felt that the torture was ribs”. not serious.

In the words of the judgment: “… the 15 conduct of the officers of the Mossos “…la conducta de los agentes de los Mossos d’Esquadra who, taking advantage of the d’Esquadra que aprochevandose de la situación de privación de libertad y, por tanto, de absoluta situation of deprivation of liberty, and thus, indefensión, en que se hallaba el detenido y en of absolute defencelessness, of the prisoner, represalia de los sucesos ocurridos el día anterior con and in revenge for incidents that had un compañero, abrieron la celda en que se occurred the previous day with one of their encontraba encerrado y penetraron en su interior, le insultaron, amenazaron, le pusieron las manos colleagues, allegedly injured by Driss Zraidi encima, al menos empujandole y zareandole, es sin in the course of his arrest, opened the cell duda constitutivo de un delito de torturas … sin in which he was being held, went in, embargo, de menor gravedad, pues teniendo en verbally abused and threatened him, and cuenta que no ha probado que se produjiera ningun physically ill-treated him, at the least menoscabio fisico en el detenido como consecuencia de la actuación de los agents y que el episodio tuvo pushing him about and shaking him una corta duración …”: Audiencia Provincial de vigorously, is undoubtedly a crime of Girona, 20 May 2004

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The Consellera d’Interior, or Catalonian remains of the forgotten victims of the Civil interior minister, reportedly expressed War and Franco’s regime”.16 surprise at the judgment and asked the Supreme Court to review it. Ill-treatment of prisoners in Catalonia High level mission to Spain During its meeting with the President of the Between 6–11 June a high level mission, Generalitat, the government of Catalonia, led by the Secretary General, visited Spain the AI delegation raised the issue of the to meet the new Government and to grave situation in Catalan prisons. present a report entitled Spain: The (Catalonia is the only autonomous necessary commitment: AI community to have responsibility for the recommendations for a human rights action running of its prisons). In 2002 the Catalan plan (AI Index: EUR 41/005/2004). The authorities had admitted to AI that there report defined the key human rights had been a “spectacular increase” in the challenges facing Spain and contained a list prison population of Catalonia, “as of 15 indicators to assess the government’s elsewhere” in Europe, and that it intended performance against its promises. At a to build a number of new prisons. Since national level, it reiterated AI’s concerns that time the situation had not noticeably about torture and ill-treatment, racism, improved, and AI had continued to receive restrictions on the rights of refugees, allegations of ill-treatment in Catalan asylum seekers and migrants, and violence prisons. against women in the country. It noted the persistence of racism and xenophobia in In January a judicial inquiry was opened parts of Spain and sought commitments to into allegations that four prison officers had tackle racial and ethnic discrimination. beaten a prisoner, Manuel Valencia Jorge, so badly that he later died. In May an In Madrid, the delegation had meetings internal investigation was opened into a riot with, among others, the Prime Minister and in the prison of Quatre Camins, near the Ministers of Justice, of the Interior and Barcelona, on 30 April, in which the deputy of Foreign Affairs, as well as with the director, Manuel Tellón, was badly injured President of the Supreme Court and and over 70 prisoners were allegedly ill- members of the governing body of the treated by prison guards, either in an judiciary, the Consejo General del Poder attempt to restore order or during transfer Judicial. The delegation also had meetings to other prisons. with the Presidents of the autonomous communities of Catalonia and of the Basque In June the Observatori del Sistema Penal i Country, when AI proposed regional human els Drets Humans, a group of specialists rights plans to complement the national working at the University of Barcelona, plan. AI received a positive response from published a dossier it had compiled on most of its meetings. The organisation events following the April riot at Quatre welcomed the Spanish government’s Camins, and in which it expressed concern decision to give priority to addressing both at the injuries inflicted on the deputy violence against women, and similar director and at the physical abuse of a initiatives in the autonomous communities. number of prisoners. Members of the group It also reminded the government not to had visited several prisoners. Among the forget other victims and to work actively to reports of ill-treatment is that of Gerardo “recuperate the memory, dignity and Andreu Vázquez. He stated that after the riot he was returned to his cell. At about

16 See AI press release, “Spain: Window of opportunity for a fresh start on human rights”, AI Index: EUR 41/007/2004.

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2am a group of prison officers came to the subsequently taken to the National Court in cell, handcuffed him and took him out of Madrid and admitted to Soto del Real prison, the Module, while beating him. He was where he spent six days before being allegedly taken to a long corridor leading to released on bail. In June, AI received news the entry section of the prison. On other that an officer of the Mossos d’Esquadra side a row of officers formed a “tunnel”, had been charged with torture in hitting and kicking him as he was forced connection with the case by an through it. A cut in his head required five investigating judge attached to the court of stitches. He was eventually placed in a Lleida. police car and taken to Ponent prison. In transit he remained handcuffed. At Ponent Violence against women prison he was placed in an isolation cell, strip searched and allegedly again beaten According to figures published in August by with batons, punches and kicks. The ill- the Ministry of the Interior, arrests for acts treatment continued for several days. He of violence against women rose by 317 per was not allowed to leave the isolation cell at cent between January and June. Complaints all for five days. about acts of violence against women

within the family rose from 8,605 in the In June the Department of Justice of the first half term of 2003 to 21,865 for the Generalitat opened an inquiry into ill- corresponding period in 2004, in part owing treatment during the riot and subsequently to changes to the Penal Code which, the (July) submitted to the public prosecutor a previous October, toughened sanctions for report which recognised that up to 26 violence against women. A report on prisoners had been ill-treated . violence against women was being prepared by AI for the Committee on the Elimination Catalan claims torture while being of Discrimination against Women (CEDAW), held incommunicado which was being held in July.

A judicial inquiry is continuing into the case of 20-year-old Jordi Vilaseca Cantacorps, who was arrested, with others, in Lleida (Catalonia) in April 2003, under the anti- terrorist legislation, in connection with alleged acts of street violence. Jordi Vilaseca alleged that, while being held incommunicado in Catalonia, prior to transfer to Madrid, he was subjected to torture by both officers of the Mossos d’Esquadra and National Police. Jordi Vilaseca claimed that he was forced to stand in the corner of a room for up to eight hours without food or water; that he was threatened and shouted at if he moved, and that the officers also threatened to rape his girlfriend. He was, thereafter, forced to kneel for several hours with his hands at his sides, again without moving. Held for the maximum five days in incommunicado detention, he became dehydrated and exhausted and eventually lost consciousness and was taken to hospital. When he woke up he could not move or speak, only utter sounds. He was

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also be taken to ensure that “an end is put SWITZERLAND to the practice of effectively ‘closing off’ certain areas to certain minority groups ECRI publishes report on Switzerland through measures such as police controls targeted uniquely at members of such In January the European Commission groups.” against Racism and Intolerance (ECRI), a Council of Europe body, published its third It urged firm measures “to deal with the 17 report on Switzerland , describing the problem of police mistreatment of persons situation as of June 2003. ECRI from minority groups” and pointed out that acknowledged that the country had taken a “A first important step would be the number of steps to combat racism and introduction of independent investigation intolerance in recent years. These included into all allegations of police ill-treatment, be the prohibition of discrimination contained it at the federal or cantonal level.” It said in the new federal constitution which came that “Mechanisms should also be put in into force in 2000 and the establishment of place to enable victims of police a Federal Service to Combat Racism. mistreatment to bring complaints: this However, ECRI noted the lack of a might include the appointment of contact comprehensive body of anti-discrimination points - independent from the police force - legislation and found that racism and with responsibility for receiving and intolerance persisted. following-up such complaints, the provision of free legal aid for victims where necessary, It concluded that “A recent worrying and the creation of formal and informal development is the rise in racism and dialogue structures between the police and discrimination towards black Africans living representatives of minority groups and the in Switzerland. Such hostility is displayed in non-governmental sector.” It commented public opinion, political and media discourse, that “A public commitment from the highest and also in the behaviour of officials, level of the police forces in tackling notably the police. It appears that there is a problems and dealing severely with any general stigmatisation of black Africans as police officers found to be behaving being involved in the drug trade and in incorrectly is also crucial to help improve other illegal activities such as prostitution, the confidence of minority groups in the and this stigmatisation has had an police force.” Other recommendations extremely negative effect on the daily life of included improved recruitment of members black persons living in Switzerland.” of minority groups into the police and a stepping up of relevant training for the ECRI recommended that the authorities put police to avoid discriminatory practices. in place a strategy to counter such hostility and discrimination. It said that “Particular The Swiss Federal Government rejected emphasis should be given to ensuring that “the assertion … that the Swiss police public officials, and particularly the police behave in a racist, discriminatory and do not act in a discriminatory or wrongful violent way towards minorities, in particular fashion towards members of this group, black Africans” but acknowledged that and that actions taken to combat drug “mistakes may sometimes occur”. trafficking or other criminal activities do not stigmatise or lead to discrimination against ECRI recommended that steps also be whole groups of persons. In particular, taken “to counter the generally negative procedures such as identity checks, taking climate of opinion surrounding the issue of into police custody and body searches – asylum-seekers and refugees.” It stressed often carried out on the street – should not the need to ensure that the introduction of be carried out solely on the basis of skin accelerated asylum procedures “does not colour.” ECRI strongly urged that steps represent a weakening of the right of asylum-seekers, inter alia to have their 17 CRI (2004) 5 case considered on an individual basis and

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on its own merits, and to lodge an appeal Amongst other things, she was called an against negative decisions with sufficient “Arab bitch” (“Arabersau”) and a “whore”. time and access to legal assistance to make She said that she was put in a cell and the a proper case.” It said that “care should be hand and leg cuffs were left on overnight, taken to ensure the new laws and causing her considerable discomfort. In regulations in the field of asylum-seekers addition she said that officers taunted her and non-citizens do not lead to a weakening over the loudspeaker throughout the night, of the position of these groups.” that she was unable to drink anything and that police officers refused to undo the ECRI further recommended that the hand and leg cuffs to allow her to use the authorities “closely monitor the use of toilet in her cell. detention with respect to asylum seekers and other persons awaiting deportation”, Her husband, informed by an acquaintance establish “a control body responsible for of his wife’s detention, contacted the police overseeing detention centres at the federal to ask permission to collect her from the level” and said that “detention should be station but was told she had to remain resorted to as infrequently as possible,” overnight in a drying-out cell. The next with the length of detention kept to “the morning he collected her and took her strict minimum”. home and then on to the accident and emergency unit of a local hospital where Continuing allegations of police ill- the injuries she had sustained during her treatment and racist abuse detention were documented and treated. On 29 January she lodged a criminal A criminal investigation was opened into complaint against the police with the Basel allegations made against the police by a City public prosecutor’s office, supported by Moroccan woman 18, resident in Switzerland detailed medical and psychiatric reports and for some 24 years and married to a Swiss photographs of her injuries. citizen with whom she has three children. She had no previous history of problems A medical report of the hospital with the police. examination carried out on the morning of her release recorded her account of her She said that on 10 January, following an treatment by the police, the fact that she evening meal with several Moroccan had arrived “in full possession of her colleagues in a Basel restaurant, she faculties” and diagnosed “Multiple became involved in an argument with staff, haematomas as a result of ill-treatment by after being accused of not paying her bill. other persons to both elbows, both wrists, She defended herself robustly, shouted, both knees” and a “Contusion on the right and threw some plates on the floor, buttock” . A report of a further examination whereupon the police were called in. She two days later recorded the development of said that on arrival they seized her, bound “a clearly visible haematoma, her hand and foot and dragged her out of approximately two hands width in size, in the restaurant and into a police vehicle the area of the right buttock and the which transferred her to a police station. adjacent area of the thigh”. The hospital She alleged she was ill-treated during the doctor referred her to a psychiatrist to help transfer and at the police station, her “cope with the psychological effects of specifically that she was dragged across the the trauma”. The psychiatrist stated that ground by her handcuffs and hit and kicked her description of “the threatening situation by four police officers while still bound. In she found herself in at the hands of the addition, she claimed that she was police” was “credible” and that she showed subjected to racist abuse referring mostly “all the symptoms of acute stress reaction”. to her skin colour and her Moroccan origins. Shortly after lodging her complaint, she received a summary order issued by the 18 Full name known to Amnesty International police and dated 11 January, fining her

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some 700 Swiss francs for causing a public Bern police officers relevant instructions on nuisance and obstructing officers. At the the transportation of a gagged prisoner, same time the police said she had soiled and to alert the officers to possible her cell with urine and that, therefore, they problems by stating that the patient was were claiming for the cleaning costs. In the only pretending to be experiencing order, the police accused her of being drunk breathing difficulties. In June 2001 the first and disorderly, of violently resisting police instance court had acquitted two escorting officers trying to restrain her, of shouting police officers of manslaughter but had abuse at them, of tearing off some of her referred the case of a third, in charge of the clothes and accusing police officers of deportation, back to the prosecutor’s office raping her. They maintained that she had for further investigation. However, the been taken to the police station in order to officer died while the case was still under sober her up and that she had been bound investigation. hand and foot in her cell for her own safety, because of the risk of injury. Policing of demonstrations

Death during deportation (Update to There were allegations that police used AI Index: EUR 01/007/2002) excessive force in the context of some policing operations surrounding the World In March the Federal Tribunal upheld a Economic Forum (WEF) held in Davos in three-month suspended prison sentence January and associated demonstrations. In handed down to a doctor who, in June 2001, the lead-up to the WEF, in view of reports had been found guilty of the manslaughter of police officers using unwarranted and of Khaled Abuzarifa, a Palestinian who died excessive force and making abusive use of in March 1999, during a forcible deportation police equipment designed to temporarily operation via Zurich-Kloten airport. In May disable or incapacitate in the context of 2002 an appeal court had reduced his policing operations surrounding a number original sentence of five months’ suspended of previous demonstrations, AI had publicly imprisonment. The Federal Court called on the federal and cantonal overturned the lower courts’ rulings that authorities to ensure that international the doctor should pay compensation of human rights standards, in particular those 50,000 Swiss francs to the victim’s family relating to the use of force and firearms by and stated that the doctor had been acting law enforcement officials, were fully on behalf of the Canton of Bern and that observed during WEF policing operations. the Canton itself should pay the AI called for weapons firing projectiles such compensation. However, no compensation as rubber bullets and 'markers' (that is, had been apparently forthcoming by the plastic bullets containing paint and metal), end of June. dart-firing taser guns, and disabling chemical irritant gases not to be used in Khaled Abuzarifa was given a sedative any canton, without rigorous independent tablet, had his mouth sealed with adhesive investigations into their potential for abuse tape, was bound hand and foot and and medical effects, and without strict rules, strapped into a wheelchair in preparation in line with international standards for deportation. He was only able to regulating their use. AI also urged that all breathe through one nostril due to a officers engaged in direct interventions with deviated septum. A post-mortem report the public during policing operations indicated that he died of asphyxia as a surrounding demonstrations prominently result of the restraining measures. The display some form of individual doctor was found to have failed to check identification -- such as a service number, whether Khaled Abuzarifa had undergone a in line with the European Code of Police medical check before the deportation Ethics. (For further information see operation began, to examine properly his Switzerland: Policing operations breathing difficulties, to give the escorting surrounding the World Economic Forum

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must respect international human rights parliamentary commission of inquiry standards, AI Index: EUR 43/001/2004). established in July 2003 (see AI Index: EUR 01/016/2003), the selection of the four- Updates person commission had been agreed by the cantonal government and representatives � A second police officer was indicted in of its parliament. The Commission was connection with incidents involving Denise mandated to investigate the general Chervet and her 16-year-old son Joshua, handling by Geneva cantonal authorities, which occurred at Geneva’s central railway including the police, of security and station in March 2003, following a peaceful demonstrations surrounding the G8 Summit demonstration protesting against the held in nearby Evian (in neighbouring policies of the World Trade Organization France) in June 2003. and the war in Iraq and subsequent violent confrontations with the police (see AI Index: There had been extensive damage to EUR 01/001/2004). After apparently seeing property and violent confrontations an officer seize his mother by the arm to between protestors and police, as well as move her on, Joshua sprayed police officers peaceful demonstrations and protest with a fizzy drink. After he was struck by a actions, in and around the cities of Geneva police truncheon, sustaining a wound which and Lausanne (in the Canton of Vaud) required suturing, Denise Chervet threw a during the G8 summit period. AI expressed beer bottle at the police. An officer then concern as allegations emerged of police used a kinetic impact weapon -- the FN 303 officers operating in Geneva during the G8 “less lethal” launcher -- against her. The period (including officers from other Swiss weapon had just undergone internal testing cantons and on loan from neighbouring by the Geneva police force. One capsule Germany) making indiscriminate and made of plastic and metal and containing abusive use of batons, stun grenades and paint hit her body and another hit her rubber bullets. forehead and remained embedded, causing her permanent injury. The weapon was In the lead-up to the G8 summit, AI had subsequently withdrawn. written to the relevant federal and cantonal authorities involved in the G8 policing In December 2003 an investigation into a operation calling on them to ensure that all criminal complaint lodged by Denise law enforcement officers, security and Chervet concluded that the police officer military personnel, both domestic and who had fired the weapon had simply acted foreign, engaged in G8 policing be aware of, according to his orders but charged the and act at all times in accordance with key officer who had authorized the use of the international human rights standards weapon during the demonstration with relating to: freedom of expression and causing bodily harm through negligence. In assembly, the use of force and firearms by February, as a result of a separate criminal law enforcement officials, the right not to complaint lodged on behalf of Denise be subjected to arbitrary arrest or detention Chervet’s son, an officer who had admitted and the fundamental rights of people injuring her son, but said that he done so deprived of their liberty. AI also urged that unintentionally, was charged with causing all officers engaged in direct interventions bodily harm through negligence. The with the public during the policing operation relevant investigating magistrate had prominently display some form of individual initially refused to charge the officer but identification -- such as a service number -- reversed his decision following the family’s in line with the European Code of Police successful appeal to the indictment Ethics. The organization expressed concern chamber (chambre d’accusation). at police statements made before the summit that this would not be done, as it � In May the Geneva government could clearly prevent the identification of published the report of the Geneva extra- any officers accused of misconduct,

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including excessive use of force, and thus conclusion was that, nevertheless, it had provide them with complete impunity. been possible for the G8 meeting of heads of state duly to take place, that citizens had Dozens of people alleged police brutality been “able to exercise their democratic and excessive and gratuitous use of force right to demonstrate” and that by police officers during the G8 interventions made to maintain public order demonstrations in and around Geneva and in Geneva had not “caused any serious at least 15 individuals lodged formal attack on the life or physical integrity of criminal complaints against the police. In individuals”. Relations between the June 2004 it was reported that the Geneva authorities and the organizers of the main Attorney General had notified eight of them and peaceful anti-G8 demonstration and that the investigation into their complaint the G8 ‘counter-summit’ had proved overall was being terminated without any further successful. It criticized the conduct of some criminal action, on the grounds that it was police interventions during G8, on impossible to identify the officers involved. predominantly logistical grounds, and cited inadequate preparation, amongst other In January AI wrote to the Commission, at things. However, it made no specific its invitation, and recalled the content of its mention of the allegations of police use of correspondence with the Geneva authorities excessive force apart from reporting, with in the lead-up to the G8 summit and its regard to a demonstration which took place subsequent public statements and appeals. on 3 June that, according to certain AI also informed the Commission that it testimony “the principle of proportionality would recommend that any state which has appears not always to have been experienced demonstrations from which a respected.” It made 52 recommendations significant number of allegations of human to the authorities and other key actors rights violations by law enforcement officers involved in G8 events, including have emerged, should review its legislation, demonstration organizers. The regulations and training to ensure that they recommendations included 16 addressed to are fully in line, in theory and in their the police. Amongst other things, it practical application, with relevant proposed the creation of specialized police international standards, and ensure also units to deal with such policing operations that a strong message is being conveyed to in Switzerland in the future, in view of their officers that violations of these standards complexity and frequency and current will be sanctioned. AI sought clarification police lack of expertise: it also as to the scope of the Commission’s recommended the acquisition and mandate with regard to alleged human management of relevant police equipment rights violations by police officers. The in a coordinated manner across cantons. It Commission responded by referring to its called on the Geneva authorities to confirm general mandate and underlining that it that the rules of engagement of the police was not its task to investigate specific cases should contain the principle of but to give its general appreciation of the proportionality “without, however, manner in which the authorities had neglecting that of legality”. It also called on conducted events surrounding the G8 the police to ensure that Swiss police summit. officers, and in particular officers brought in from other countries, should wear a service The Commission’s May report stated that number during public order interventions. Switzerland lacked the means and experience to deal with the G8 situation � In June a trial took place in connection and was critical of the federal government with incidents which occurred at the for tardy and inadequate security Aubonne bridge, on the Lausanne-Geneva arrangements and inter-cantonal motorway during the G8 summit (for coordination, as well as of disagreements background information see AI Index: EUR within the Geneva government resulting in 01/016/2003). an incoherent strategy. Its overall

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Martin Shaw suffered multiple fractures as result of falling some 20 metres from the TAJIKISTAN bridge on 1 June 2003 after a police officer cut the rope from which he was hanging. Death penalty Martin Shaw and other protestors had undertaken the action in order to block an Moratorium on death sentences and official delegation travelling to the G8 executions summit. They stretched a rope across and a metre above the road and warned President Imomali Rakhmonov announced approaching motorists by stringing a at a joint session of both chambers of banner across the road on the approach to parliament on 30 April that a moratorium the bridge. Martin Shaw and a female would be introduced in Tajikistan in due protestor, Gesine Wenzel, were hanging on course. He stated that “human life should either side of the motorway, at the ends of be treated humanely. Man, his rights and the rope. The police stated that the rope freedom are great and inviolable values, was cut accidentally: protestors who were and the right to life has a special place at the scene at the time disputed this. among them. In fact, the right to life is natural, and nobody has the right to The police were placed under investigation deprive any other person of this right.” in connection with possible charges of causing bodily harm and endangering life On 2 June the Majlis namoyandagon (lower through negligence. However, on 28 June, house of parliament) voted in favour of the while that investigation was still under way, new law “on the suspension of the a court in Nyon found Martin Shaw, Gesine application of the death penalty”. By the Wenzel and Olivier L, a Swiss protestor, end of the period under review, the law had guilty of blocking traffic and thereby not yet been adopted by the Majlisi Milli endangering the lives of drivers. The three (upper house of parliament) and signed into had previously challenged an order issued force by the President. The law stipulates by the examining magistrate sentencing the suspension of the handing down of them and a number of other activists to 14 death sentences, and set the maximum days’ suspended imprisonment. penalty in the Criminal Code at 25 years’ imprisonment. Reportedly, no death row The court exempted Martin Shaw from prisoners were executed after 30 April. punishment on account of the permanent physical injuries he had sustained. Gesine On 10 and 11 June the conference Wenzel and Olivier L were sentenced to 10 "Moratorium on the death penalty: and 20 days’ suspended imprisonment experience, problems and prospects", respectively and ordered to pay court costs. organized by the a non-governmental The three defendants maintained that they League of Women Lawyers together with had taken all reasonable steps to warn and the authorities of Tajikistan, was held in inform drivers of their action. Lawyers Dushanbe. At the conference the Deputy representing the defendants deplored the Procurator General reportedly stated that fact that their clients were being tried 11 men had been executed between 1 before police actions on the bridge had January 2004 and 30 April; four death been clarified. The court indicated that, by sentences were replaced with long prison issuing its sentence, it was not prejudging terms. the police actions which were still under separate investigation. Executions despite Human Rights Committee interventions

Rachabmurod Chumayev, Umed Idiyev, Akbar Radzhabov and Mukharam Fatkhulloyev were believed to have been

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executed in secret only several days before Idiyev, Akbar Radzhabov and Mukharam the President’s speech on 30 April (see Fatkhulloyev had been taken to the above). The executions of Rachabmurod execution site the previous day. Chumayev and Umed Idiyev were carried Subsequently, their relatives repeatedly out despite interventions by the (UN) approached the authorities to receive a Human Rights Committee on 22 January death certificate to which they have a right, and 13 April respectively urging the according to domestic law. Umid Idiyev’s authorities of Tajikistan to stay their relatives only received it on 25 May, and AI executions while the Committee considered learnt that the relatives of Rachabmurod allegations of violations of the International Chumayev and Mukharam Fatkhulloyev had Covenant on Civil and Political Rights in still not received such a certificate by the their cases. Tajikistan had previously end of the period under review. executed five death row prisoners, ignoring similar requests by the Committee. The death sentence passed on Bakhrom Sadullayev was overturned by the Supreme The four men and co-defendants Todzhiddin Court on 17 November 2003 and AI learnt Butayev, Ibrogim Khusseynov, Savriddin at the beginning of May that Savriddin Pirov, Akhmaddzhon Saidov, all members of Pirov’s death sentence has also been an armed group headed by Rakhmon commuted. The death sentences of Sanginov, a former commander of the Todzhiddin Butayev and Ibrogim United Tajik Opposition (UTO), had been Khusseynov have not been carried out due sentenced to death in February 2003 on to the moratorium on death sentences and charges of terrorism, banditry, illegal executions. possession of firearms, hostage-taking and murder. The UTO had fought against Allegations of torture and ill- government forces during the Tajik civil war treatment that formally ended in 1997. AI continued to receive reports about There were allegations that proceedings did torture and ill-treatment by police. Reports not meet international fair trial standards. from the northern town of Khodzhand According to his father, Rachabmurod alleged that police tortured and ill-treated Chumayev had no access to a lawyer for his 14 defendants accused of membership in first month in custody and was then given a the banned Islamic organization Hizb ut- state-appointed lawyer who, the family Tahrir for some two months following their claimed, did not present a strong defence arrest in February, to force them to sign case. confessions. At a press conference on 27 May one mother alleged that her son was Many of the defendants were allegedly tortured with electric shocks. Another said tortured and ill-treated while they were in her son was hung upside down for two days. custody awaiting trial. According to A third alleged that police had demanded Rachabmurod Chumayev’s father, his son US$ 2,000 for her son’s release. Relatives “was beaten with truncheons, then electric said that the men were held shocks were applied to vulnerable parts of incommunicado for two months. his body to force him to sign a ‘confession’ ” while in a police station in the Ill-treatment in Nurek police station central district of Dushanbe following his detention in June 2001. It is believed that Vladimir Vasilchikov, a On 25 April relatives of Rachabmurod preacher of the Awakening Baptist Church Chumayev and Ibrogim Khusseynov went in the town of Nurek south of Dushanbe, to the investigation-isolation prison no. 1 in and Viktor Dudenkov, a member of the Dushanbe to leave parcels for their sons. congregation, were ill-treated at the However, the guards only accepted the Department of Internal Affairs in Nurek by parcel from the Khusseynov family and told local police and police from the regional them that Rachabmurod Chumayev, Umed

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centre Khatlon between 16 and 23 June. from Nurek and a senior police officer were Viktor Dudenkov’s wife Elena Dudenkova present throughout the examination. was reported to have been subjected to psychological pressure, including being Following complaints by Viktor Dudenkov insulted, forced to stand up for several and Vladimir Vasilchikov to the General hours and denied food and drink. The three Procuracy, the two were examined by were summoned to the police department doctors at the Republican Centre of for investigations into the case of Vladimir Forensic Medicine in Dushanbe. On 25 June Vasilchikov’s mother Mariya Vasilchikova, the experts concluded that the two men who was last seen in June 2002. While no suffered from concussion and head injury. formal charges were brought against the Both had to be hospitalized for two weeks. two men, police accused them of having killed her. The three consistently maintained their innocence and alleged that they were pressurized to force them to sign TURKEY confessions. Continuing legal reforms For example, Viktor Dudenkov reported that he was ill-treated for three hours on 21 The Justice and Development Party (AKP) June. He described it thus: “They beat me government continued to implement legal on my temples, neck and chest. When I fell changes aimed at meeting the criteria for down they kicked me in the thorax. Then EU accession and bringing Turkish laws into they forced me to stand up and beat me line with international standards. Notable again until I fell on the floor. When they laws in this period were the package of noticed that traces of their boots were constitutional changes approved by the visible on my shirt they forced me to take it Turkish Parliament on 7 May. As of June off and continued to beat me.” Viktor one third of the articles in the 1982 Dudenkov said he lost consciousness constitution had been changed and this was several times. “When I came to I heard how the ninth time it had been amended. they said that in case I die they would throw my corpse in the river Vakhsh”, he Among the changes, Article 143 - providing added. Vladimir Vasilchikov was believed to for State Security Courts - and Article have been beaten several times. He 131/2 - providing for a member chosen by described how he was beaten in his face the General Chief of Staff to be represented and on his stomach, chest, and left on the Higher Education Council – were shoulder. Reportedly, the police officers both repealed, and by adjusting part of repeatedly turned down the requests of a Article 160 the annual military expenditure lawyer to see Viktor Dudenkov and Vladimir was made more transparent and placed Vasilchikov. under the monitoring of the Exchequer (Sayistay). An important alteration to On 23 June police reportedly forced Article 90 of the Constitution placed Vladimir Vasilchikov to sign a document international conventions above domestic stating that the police had treated him law; this means that where there is a humanely and he had to promise that he contradiction between the provisions of would not complain about his treatment. domestic law and an international The same day the police are said to have agreement, international standards will take taken him for a medical examination in the precedence. The impact of this measure town of Vakhdat not far from Nurek. was already beginning to be reflected in Following pressure by police the doctor certain Court of Appeal decisions in reportedly did not take notes on any of the subsequent months. A further amendment injuries. Vladimir Vasilchikov reported that to Article 38 of the Constitution provided for he did not mention the beatings out of fear extradition orders to be complied with in of reprisals because a procuracy official those cases which fell under the provisions of the International Criminal Court (ICC);

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although Turkey is not yet a signatory to journalists, was generally commended for the ICC Statute, this paves the way for it to bringing Turkish laws on the press into line become a party. All provisions in the with international standards and ridding it, Constitution (in Articles 15, 17, 38 and 87) in the words of head of the Journalists relating to the death penalty were removed. Association of Turkey, of the ‘traces of 12 September’. These constitutional changes paved the way for the two separate packages of law A revised draft of the Law on Associations reforms. Law no. 5190 was approved by the was prepared during this period. AI was Turkish Parliament on 16 June and included concerned that despite there being the abolition of the State Security Courts, indications that the new law contained through the annulment of Law 2845 of June provisions which were in general positive 1983 which had established them in their and would facilitate the activities of current form and an amendment to the associations (particularly concerning easing Criminal Procedure Code, and a move to restrictions on membership for civil establish special heavy penal courts in their servants, fundraising and issues of place. Human rights defenders welcomed international representation), there had the move to abolish the much criticized been no attempt to consult with local State Security Courts, but strongly urged human rights NGOs during the period when that the establishment of special heavy the draft was being prepared. penal courts which would deal with During this period the Parliamentary Sub organized crime, ‘terrorism’ and crimes Commission charged with redrafting the deemed to endanger state security be more Turkish Penal Code continued work on the than simply a change of name for the same complete new draft. It was anticipated that institution. the new Penal Code would pass into law in In June, the law reform package known as September 2004. Women’s groups in the ninth ‘harmonization law’ (Law no. 5218; Turkey generally welcomed the provision passed by Parliament on 14 July) was also for the removal of gender-discriminatory prepared. This removed provisions for articles. The definition of torture was also military members to serve on the Higher welcomed by human rights lawyers who Education Council (YÖK) and, though in had played an important role in lobbying for practice there are still obstacles to its the initial definition to be significantly realization, on the Higher Board for Radio revised. These lawyers, however, also and Television (RTÜK). Provision for the pointed to some remaining deficiencies in death penalty was removed from all articles the draft, among them certain articles of the Turkish Penal Code and converted to containing provisions which could ‘life imprisonment’. potentially be used to impose unnecessary restrictions on freedom of expression. A law passed by the Parliament on 3 March restored full rights to those who had been The Parliamentary Sub Commission also convicted of political crimes in the wake of began work on redrafting the Criminal the 12 September 1980 military coup (and Procedure Code (CMUK) and publicly before 31 December 1987). Often dubbed emphasized that introducing provisions the ‘generation of ’78’, many of those relating to judicial process that would convicted in the trials of political parties in ensure fair trial was foreseen as a key part the 1980s had been previously denied the of the new redrafting.19 Implementation of right to be executives in political parties new laws in Turkey has been uneven, a fact and associations, or stand as candidates for also acknowledged by members of the AKP local or general elections. The new law thus government (see below). allows these people to apply to the courts for restoration of full citizenship rights.

On 9 June a new Press Law (Law no. 5187) 19 Nejdet Çokan, ‘Savcilar avukata tepeden was passed and, with some criticisms from bakmayacak’, Sabah newspaper, 17 June 2004.

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Council of Europe ends its crucial towards ensuring real change on the monitoring procedure ground (see also AI Index: EUR 44/007/2004; AI Index: EUR 44/008/2004). On 22 June, the Parliamentary Assembly of the Council of Europe voted to end its From 8 to 10 June, AI was invited along monitoring procedure, dating from 1996, on with other international and local human Turkey's respect of commitments to rights NGO partners (the three ones named constitutional and legislative reforms -- above plus the Federation internationale de deeming that it had ‘clearly demonstrated droits de l’homme [FIDH] and Human its commitment and ability to fulfil its Rights Watch,) to discuss their concerns statutory obligations as a Council of Europe with the Turkish government authorities. member state’. However, the Assembly The delegation met with Foreign Minister resolved to continue ‘post-monitoring Abdullah Gül, Justice Minister Cemil Çiçek, dialogue’ with the authorities. Interior Minister Abdülkadir Aksu, the EU Reform Monitoring Group (an extended and Meetings with government detailed meeting with many representatives of the three different ministries that make From 8 to 13 February AI’s Secretary up that group), the Human Rights General led a delegation to Turkey for talks Presidency attached to the Prime Minister's with senior government figures, including office, and the Human Rights Advisory Prime Minister Recep Tayyip Erdogan, Board. This was the first time the six Foreign Minister Abdullah Gül and Interior organizations had formed a joint NGO Minister Abdülkadir Aksu. This was the first platform and represented an important time an AI Secretary General had show of solidarity between them (see joint conducted meetings at this level in Turkey, press statement: AI Index: EUR and as such indicative of some of the 44/008/2004). important changes continuing in the country. Turkey's bid to attain EU Violence against women in the family membership has had important implications for human rights and the past two-and-a- As part of its global campaign on violence half years have seen a process of rapid against women, on 2 June in Istanbul AI legislative reform. AI continues to press for launched a report, Turkey: Women full implementation of these reforms, for confronting family violence (AI Index: EUR further changes in legislation as well as for 44/0013/2004). The report documents how the more fundamental overhaul of the human rights of hundreds of thousands institutions (particularly of policing and the of women in Turkey have been violated judiciary) central to change (see: through violence in the community, Memorandum to the Turkish Prime Minister, featuring cases of individual women who AI Index EUR 44/001/2004). The delegation have suffered violence at the hands of their held a series of constructive meetings in family by being beaten, raped, and in some which government officials expressed a cases even killed or forced to commit willingness to engage with AI's suicide. It reveals a culture of violence that recommendations. Further meetings were can place women in double jeopardy, both held with the three main partner human as victims of violence and because they are rights non-governmental organizations denied effective access to justice, and also (NGOs) in Turkey (the Human Rights profiles the work of individual women and Association [IHD], Mazlum Der groups working for human rights in Turkey [Organization of Human Rights and who have courageously exposed the culture Solidarity for Oppressed People] and the of violence in which many women live and Human Rights Foundation of Turkey [TIHV]) which is often invisible to the outside world. and AI emphasized that their role in the present time and the willingness of AI is concerned that the Turkish government to consult with them were government has failed to adequately address the prevalence of violence against

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women by not ensuring implementation of announced on 21 April following their retrial existing legislation – especially by the in the Ankara No. 1 State Security Court. criminal justice system and the security forces. The report makes a series of However, in early June the conviction was recommendations to the Turkish overturned by the Chief Prosecutor of the government, including that the authorities Supreme Court in an important publicly and at every opportunity declare a communication which emphasized commitment to eradicating violence against international fair trial standards in pointing women and that they carry out reforms to the failure at the beginning of the Spring needed to eradicate violence against 2003 retrial to read out the indictment or to women and ensure their implementation. read out the evidence against the defendants; the limitation on the Beginning of non-Turkish language defendants’ right to defence since there had broadcasts not been an opportunity to listen to some witnesses; and the court’s suspicions about During this period a fundamental taboo was the independence of the defence’s expert finally broken when state television and witnesses. On 9 June, following their radio channels began broadcasts for the lawyer’s application for their release first time in languages other than Turkish, a pending the July Court of Appeal hearing, measure of symbolic significance in the four former parliamentarians were signalling official acceptance that Turkish is released from Ulucanlar Prison in Ankara. not the only language belonging to citizens AI welcomed the move but urged that their of the Turkish Republic. The much delayed release be unconditional and that they implementation of the August 2002 law, should face no further legal action. which had provided for broadcasts in ‘different languages and dialects Police ill-treatment and torture traditionally used by Turkish citizens in their daily lives’, came about in the week Over the past two years various changes to beginning 6 June when state television and the Regulation on Apprehension, Detention radio channels began broadcasts in Bosnian, and Interrogation and, according to Circassian, Kirmançi, Zazaca and Arabic. information supplied by the Justice Ministry, While some Bosniak groups complained that evidence of internal auditing of places of they had not asked for mother-tongue detention by public prosecutors, would broadcasts and expressed concerns about seem to signal a greater concern with being perceived along with Kurds as formalizing procedures in custodial settings ‘separatist’, some representatives of other and imposing a sequence of processes groups such as Lazca speakers demanded which should provide the detainee with the right to broadcasts in the Laz language some measure of protection against ill- as well. It is probable that in time the treatment or torture. AI remained limited non-Turkish language broadcasts concerned that in practice regulations were offered by the state broadcasting services not always being followed, that there were will be supplemented by private and still reports of detainees not being granted eventually local television channel the right to meet with a lawyer even after broadcasts. requesting one, and that torture and ill- treatment were still being reported. AI Release of the four former DEP urged that further safeguards (notably parliamentarians audio-taping of interviews with suspects) be introduced. Of those in detention, it was AI was dismayed by the reconviction of the detainees suspected of having committed four former Democracy Party (DEP) ordinary crimes (theft, assault, etc) who parliamentarians, Leyla Zana, Hatip Dicle, reportedly still faced the highest risk of Orhan Dogan and Selim Sadak, in a verdict being tortured or ill-treated. Statistics compiled by the Izmir Bar Prevention of Torture Group demonstrated this. Such

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detainees are generally also least aware of disproportionate force to disperse and their rights in custody and least likely to detain the protestors including by punching feel entitled to complain about ill-treatment. and kicking them. Beatings of 71 detained students reportedly continued at the Ankara While there is an improvement on the past Police Headquarters. When they were taken when it comes to detention procedures, to the court the next day, the students there are still settings mainly outside the were again reportedly ill-treated by police formal detention context in which law officers in and outside the courthouse in enforcement regularly display a tendency to front of witnesses. On the request of the resort to excessive force and abuse their prosecutor the judge presiding over the function. Three such areas are: students' case ignored the complaints of ill- demonstrations, unofficial detentions, and a treatment made by the students and their reported case of extrajudicial execution. lawyers and they were instead charged under Law No. 2911. The authorities Police brutality during demonstrations rejected a complaint lodged by 24 students to the Ankara State Prosecutor regarding Policing of demonstrations in Turkey their ill-treatment, deciding not to remained an area of concern and was prosecute on 3 May. The students appealed among the issues which AI delegates raised against this decision. On the other hand, a with the government during the visits in case was opened against two female February and June (see above). students, who had complained of torture and ill-treatment, under Article 258 TPC in A pattern that could be seen repeated on which it is alleged that they ‘insulted and numerous occasions was that of police beat an officer on duty’. using excessive force against demonstrators, particularly against It appeared that reports of ill-treatment students, trade unionists, leftists, more frequently originated from supporters of political party DEHAP and demonstrators than from those detained in other groups targeted as oppositionists. police custody on suspicion of other Allegations of ill-treatment filed as politically related crimes. Demonstrators complaints with the public prosecutor rarely reported ill-treatment either while resulted in prosecution of law enforcement participating in a demonstration or meeting officials, and when such prosecutions did in a public place or while being transferred proceed the sanctions were extremely to a place of detention. According to the limited. On the other hand, those Izmir Bar Prevention of Torture Group, of complaining of ill-treatment were the 91 complaints of torture or ill-treatment themselves frequently prosecuted under they received from those suspected of Article 258 of the Turkish Penal Code (TPC) politically related crimes (out of an overall for ‘resisting (mukavemet) by force, total of 423 complaints in 2003), 70 were violence or through threats a public official facing charges for violating the Law No. carrying out his duties’ and for violating 2911. Moreover, the Group reported that Law No. 2911 on Meetings and among the 333 allegations of torture or ill- Demonstrations, in the latter case generally treatment from those imputed with having on the grounds of participating in an committed a criminal act (whether ordinary unlawful meeting or demonstration. or politically related), 83 were facing charges of having ‘resisted a public official An instance which exemplifies this pattern by force and violence or threats’ (Article occurred on 12 April when a group of 258 of the TCK). Like Izmir Bar Association, students in Ankara participated in a Diyarbakir Bar Association also raised the demonstration against a summit of the concern that a disproportionately high North Atlantic Treaty Organization (NATO), number of people approaching them to planned for late June, which – although allege they had been tortured or ill-treated peaceful – did not have official permission. by law enforcement officials, and who even Riot police officers reportedly used bore the traces of such ill-treatment, were

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themselves facing charges of having newspaper’s photograph showed a violently or threateningly resisted a public demonstrator being held by two police official’s orders. Both Bar Associations officers and sprayed in the face with pepper suggested that some law enforcement gas at close range. Interior Minister officials might be resorting to this charge Abdülkadir Aksu himself admitted that he, against detainees to counter reports that like everyone, felt uncomfortable seeing they had ill-treated the detainee or such an image. AI called for the incident to demonstrator, to cover their traces and, by be fully investigated, and appropriate this means, to reduce the chances of sanctions taken against the two officers prosecutors investigating the reports of ill- responsible. treatment. Unofficial detentions When law enforcement officials were investigated for using excessive force Reports continued of unofficial detention, during demonstrations, there was evidence with a suspect picked up for questioning by of a continuing reluctance to push for the law enforcement authorities, typically meaningful sanctions. The fact that it was driven around in a car or taken to a still very difficult to identity or mark out deserted place for questioning or to a individual police officers wearing the so- building not identified as an official place of called ‘robocop’ uniforms because they detention and with subsequently no records have no badges or other identification that the person has ever been detained. markers contributed to the failure to Though it has not been possible to claim an investigate or prosecute. While few cases of increase in the practice, that fact that police brutality resulted in criminal reports of such incidents continued pointed prosecution, there was also a resistance to to a severe failure in the chain of command applying appropriate disciplinary measures. among some law enforcement authorities. Senior police officers must bring all their A case in point was that of the police units under control and be held fully cameraman, Durmus Yildiz, photographed accountable where such abuses of duty simultaneously kicking a male student take place. Unofficial detention continued to during the 6 November 2003 student be a serious impunity issue since in most demonstration against the Higher Education reports the perpetrators were plain-clothed Council (YÖK) as the student lay police officers in unmarked police cars. incapacitated on the ground, and filming Some such incidents seemed to support the the incident with his hand-held video view that some law enforcement officials camera. A photograph of the incident were willing to sabotage a period of reform appeared in the national press. Durmus by resorting to methods intended to strike Yildiz’s punishment for this crime was to be fear into the detained person and into those denied promotion for a six-month period. around them. Durmus Yildiz himself claimed in his statement that he could not remember the A particularly disturbing case was that of incident and ‘was not himself’ because he Derya Aksakal. On 3 March at around 5pm, had been affected by the pepper gas used on returning home from Haydarpasa by the police.20 Numune Hospital where she had had an appointment, Derya Aksakal reported being A photograph of an incident that took place seized from behind by a man and forced during the demonstrations against the into a grey minibus. According to her NATO summit in Istanbul at the end of June account, she was blindfolded and her hands provided another alarming example of tied behind her back. One man, out of an evidence of the use of excessive force by estimated three masked men plus driver, law enforcement officials. Sabah addressed her by name. She claimed that she recognized his high-pitched voice as 20 ‘Tekme atan polis: gazdan etkilendim’, Milliyet being that of a police officer from the team newspaper, 8 January 2004. which had interrogated her one month

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earlier when she was detained at the Anti- Police Headquarters in Adana, where they Terror Branch of the Istanbul Police were reportedly tortured – including Headquarters after visiting the picket line at through ‘Palestinian hanging’, beating, the Sisecam workers’ strike. She was then being stripped naked and, in the case of asked for information about her co-workers Nurettin Basçi, being sprayed with and activists at the women’s organization, pressurized water and subjected to electric the Ümraniye branch of the Women shocks. Nurettin Basçi was also reportedly Workers’ Union (Emekçi Kadinlar Birligi) taken out of the police station to an where she worked, and encouraged to abandoned area where he was threatened become an informant. When she refused with death and subjected to a mock she was reportedly subjected to torture, execution when a gun was fired close to his including having cigarettes extinguished on head. Nurettin Basçi's lawyers were only both her arms numerous time; being allowed to briefly meet with him once stripped of her trousers, subjected to during his detention. Furthermore, police threats of rape and having cigarettes officers reportedly remained with Nurettin repeatedly extinguished on her upper Basçi throughout his medical examination, thighs (medical reports detail the cigarette despite Turkish law stipulating that they burns); and having a gun pointed at her must remain outside whilst a detainee is head and threatened with death. She being examined. reported that she was released at about 7pm on a piece of empty land in the Kazim During the June meetings with the Turkish Karabekir district of Ümraniye. government, AI raised concerns about the possible extrajudicial execution of Siyar Extrajudicial executions Perinçek and called for a full investigation into the incident. The official response AI was particularly alarmed by the case of during these meetings was to seek to the killing of Siyar Perinçek in Adana. On 28 explain the incident by situating it in the May, Siyar Perinçek and Nurettin Basçi were context of a ‘security operation’ in the travelling by motorcycle in the city of Adana, Adana region during which ammunition and when according to reports a Volkswagen car guns had reportedly been seized and plans carrying security officials in plain clothes for an armed action by Kurdish armed drew alongside them. Those inside the car opposition group PKK/Kongra Gel reportedly opened one of its doors and uncovered. Siyar Perinçek and Nurettin knocked the motorcycle over. Nurettin Basçi were named as key suspects in a plot Basçi was able to run away, but Siyar and it was suggested that the death of Perinçek was shot by a plain clothes police Siyar Perinçek had occurred during an officer allegedly at close distance without armed clash with the security services. any warning to stop being made. Nurettin According to an independent investigation Basçi was detained a short distance away subsequently carried out and drawing on by other plain clothes police officers. witness statements and written up as a Despite his serious condition he was not report by representatives of the Human immediately transferred to an intensive Rights Association, Mazlum Der, the Human care unit. Siyar Perinçek died in hospital on Rights Foundation of Turkey and trade 30 May as a result of his bullet wound. His union confereration KESK, there was no t-shirt – which would indicate at what range evidence of an armed clash having taken he had been shot at from – was not made place. AI was disturbed that the Turkish available for examination to doctors authorities were ready to suggest initially carrying out his autopsy. during meetings that the reported violation did not need to be investigated because it Nurettin Basçi and Mehmet Gazi Aydin (who had happened in the context of a security was detained apparently on the basis of operation. The organization was also Siyar Perinçek’s testimony while in hospital concerned at subsequent reports that the and taken there to be identified by him) above human rights defenders investigating were taken to the Anti-Terror Branch of the the case were told aggressively by the

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Deputy Police Chief of Adana that, ‘You are Harassment of human rights individuals and organizations which have defenders assumed the mask of human rights defence… This is a terrorism matter… Your In February, AI issued a report Turkey: activities [here] have an ulterior motive, Restrictive laws, arbitrary application – the they are not activities in defence of human pressure on human rights defenders (AI rights.’ Index: EUR 44/002/2004) which documented how members of civil society – Subsequently the state public prosecutor including lawyers, doctors, opened a case against three police officers environmentalists, trade unionists – for the ‘ill-treatment’ of Nurettin Basçi and continued to be targeted apparently on against one of the three for the account of their activities in defence of ‘unintentional killing’ of Siyar Perinçek. AI human rights. Although several laws and has written to the Turkish authorities about regulations that had been used to its concerns on these cases. unnecessarily restrict the rights of human rights defenders were revised or abolished Freedom of expression in 2002 and 2003, and despite a greater willingness on the part of the government Restrictions on freedom of expression to consult with representatives of civil continued to be reported and in some cases society, state officials including prosecutors resulted in prison sentences. The former and police officers apparently found new journalist for Milli Gazete, Hakan Albayrak, ways to restrict the rights to freedom of was remanded to Kalecik Prison in Ankara expression, assembly and association. province on 20 May, after the Court of These included the prohibition or restriction Appeal upheld a 15-year sentence (of which of activities which must be considered to be he will serve five months) against him for central to defending human rights – such as ‘committing a crime against Atatürk’ (Law petitions, reading of press statements and No. 5816). The journalist had written an demonstrations – as well as the opening of article entitled ‘Funeral Rites’ in which he large numbers of trials and investigations made the statement, ‘Mustafa Kemal Pasha against human rights defenders and their was buried without funeral rites (cenaze organizations. Such trials and investigations namazi) being performed. And this was of rarely ended in custodial sentences, but no concern either to the state or the often resulted in heavy fines. In themselves, society.’ they were a form of harassment that seemed to constitute a misuse of the AI considered that very severe fines under judicial system on ideological grounds. In the terms of the previous Press Law addition, there was a pattern in which imposed against newspapers such as Vakit prosecutors brought ‘alternative charges’ and Mus Haber for articles that contained using a wide variety of laws – on public non-violent opinion also constituted a order, on associations and foundations and punitive means of restricting freedom of on press – to punish perceived expression. transgressions where, because of law reforms or rulings by upper courts, a A case against the writer, Fikret Baskaya, successful prosecution may be unlikely. and his publisher for non-violent opinions expressed in his book, Against the Current, An example of this was the various cases continued. If convicted, Fikret Baskaya launched against representatives of the IHD would face a three-year prison sentence following the publication of posters in under Article 159 of the TPC for having Kurdish to celebrate Human Rights Week in intentionally ‘insulted or derided the Turkish December 2003 and which were confiscated state’. on the order of the prosecutor in several provinces. While the request for their confiscation by the Van public prosecutor

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on the basis that the display of posters in and did not seem to be in violation of the Kurdish ‘was damaging to the basic Law on Associations. qualities of the [Turkish] Republic’ was swiftly overruled by the Ministry of Justice, On 9 March 2004, a trial of nine executive the damage had already been done since board members of the Human Rights by that time Human Rights Week had Foundation of Turkey (Türkiye Insan Haklari passed. Furthermore, other cases were Vakfi, TIHV) for violating Law No. 2860 on opened against IHD representatives under Foundations came to an abrupt conclusion bureaucratic pretexts – cases were opened when the prosecuting lawyer failed to against Vetha Aydin, the chair of the Siirt attend the court session. The trial – in branch, and Hüseyin Cangir, the chair of which TIHV had been accused of such the Mardin branch, ostensibly because ‘violations’ as collecting donations through posters had been hung on municipal an internet appeal, translating and billboards without permission from the distributing its reports to international governor. While Vetha Aydin was acquitted human rights observers and meeting on 19 April, Hüseyin Cangir was given a human rights observers such as the UN heavy fine on 21 April. In addition, Special Rapporteur on extrajudicial, proceedings were opened against lawyer summary or arbitrary executions – had Mikail Demiroglu, with a trial set to start on been widely condemned both in Turkey and 12 October, under Article 260 TPC for internationally. While the subsequent ‘exerting influence and force to prevent the termination of the trial was a welcome execution of any of the provisions of law or development, the regulations which allowed regulations.’ The grounds for the case were for such a prosecution remained in law. reportedly because he had advised the members of the IHD in Hakkari, whose Meanwhile, on 13 February 2004, Dr Alp office was in the same building as his, that Ayan and Günseli Kaya from the Izmir police officers could not confiscate the branch of TIHV were sentenced to 18 posters without a warrant to do so. months’ imprisonment under Law No. 2911 on Meetings and Demonstrations for On 19 January, a State Security Court in ‘resisting dispersal by violent means’ after Istanbul sentenced the head of Göç Der attempting to participate in the funeral in (Migrants' Association for Social September 1999 of an inmate killed in Cooperation and Culture), Sefika Gürbüz, to Ulucanlar prison. Video footage showed one year’s imprisonment (later reduced to a that security forces did not issue a warning fine of 10 billion Turkish lira (€1,300) under to the crowd to disperse and used Article 312 of the TPC for ‘inciting the disproportionate force against the people to enmity’, in association with the assembled gathering. AI considered that launch in March 2002 of a report on forced their prosecution amounted to a particularly migration. Mehmet Barut, the author of the harsh application of the law, and that they report who was also prosecuted, was were exercising their legitimate right to acquitted. peaceful assembly and acting in their capacity as human rights defenders. The A trial was opened on 27 April for the defendants were appealing against the closure of the Human Rights Agenda sentence and were at liberty as of the end Association (Insan Haklari Gündemi Dernegi of June. - IHGD), a new human rights initiative that had been founded in December 2003. Its On 29 May prisoner of conscience Özkan closure was sought on the basis that it had Hoshanli, the former chair of the human not corrected its statute as requested after rights group Mazlum Der in Malatya, was submitting it for inspection to the released from Yesilyurt prison. He had Associations Desk at Izmir Police entered prison on 28 October 2003 Headquarters. Although some changes had following his conviction for violating Law No. been made, many of the corrections that 2911 after observing demonstrations in they were told to make were unnecessary 1999.

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none of the special procedures had received an invitation.

TURKMENISTAN Clampdown on dissent continued

International concern about human Anyone perceived to be critical of the rights regime remained at risk of persecution. The relatives of exiled dissidents continued to On 15 April the UN Commission on Human be targeted in an attempt to stop those in Rights adopted its second resolution on the exile from criticizing government policies human rights situation in Turkmenistan. It and speaking out about human rights expressed “grave concern”, among other violations in Turkmenistan. issues, at “the persistence of a governmental policy based on repression of AI and seven other international and all political opposition activities”, at the Turkmen non-governmental organizations “abuse of the legal system through urged the USA State Department in a letter arbitrary detention, imprisonment and of 26 May to designate Turkmenistan a surveillance of persons who try to exercise "country of particular concern" under the their freedoms of thought, expression, USA’s International Religious Freedom Act assembly and association, and harassment unless the country made significant of their families”, and at “restrictions on the progress, including by “register[ing] all of exercise of freedoms … conscience, religion the religious groups existing in the country and belief”. It also deplored the continued that wish to register”, by “remov[ing] all refusal of the authorities to grant access by undue restrictions on religious activity, independent bodies including the including the ban on religious gatherings, International Committee of the Red Cross, unregistered groups, religious education for family members and lawyers to those unregistered confessions, and others” and convicted following the November 2002 by “ceas[ing] all forms of harassment and alleged assassination attempt on President undue interference in the activities of Saparmurad Niyazov. Among other religious groups or individuals for their demands the Commission called on the religious beliefs”. authorities to “remove the new restrictions on the activities of public organizations … In the period under review the authorities stipulated in the new Law on Public of Turkmenistan took a number of steps to Associations adopted on 21 October 2003 … avoid being classified as a “country of and to enable non-governmental particular concern”, which could lead to the organizations … and other civil society USA taking steps ranging from diplomatic actors to carry out their activities without protest to targeted trade sanctions. The hindrance”. steps taken included the de jure loosening A long list of UN special procedures of previously imposed restrictions on including the Special Rapporteurs on the registering religious communities and the independence of judges and lawyers; on registration of several religious minority the question of torture; on freedom of congregations. However, implementation of opinion and expression and on freedom of these measures still remained to be tested religion and belief had applied to the as intimidation of religious minorities authorities of Turkmenistan for invitations continued unabated. to visit the country. The resolution on the human rights situation in Turkmenistan Prisoner of conscience forcibly adopted by the UN Commission on Human confined in psychiatric hospital th Rights at its 59 Session in April 2003 had called on the procedures to seek invitations On 13 February 63-year-old Gurbandurdy to visit Turkmenistan. However, as stated in Durdykuliyev was taken from his house in a note by the secretariat of the Commission the village of Suvchy in the Balkan region of issued on 20 February, as of that point

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western Turkmenistan by some six medical punish him for peacefully exercising his personnel and another six in plainclothes. right to freedom of expression. AI was He was taken by ambulance to a psychiatric concerned that Gurbandurdy Durdykuliyev hospital in the town of Balkanabad may be being inappropriately administered (formerly Nebitdag), where he was forcibly psychotropic drugs. confined. Shortly after his hospitalization he was transferred across the country to a Punished for importing a banned psychiatric hospital located in a former historical novel Soviet pioneer camp in Garashsyzlyk district in the eastern Lebap region. Writer and journalist Rakhim Esenov, aged 78, was summoned to the Ministry of The first time his wife got permission to National Security (MNS) on 23 February visit him was in April, but she was only and accused of "smuggling" 800 copies of allowed to see him in the presence of his historical novel Ventsenosny Skitalets representatives of the hospital (The Crowned Wanderer) into Turkmenistan. administration. One doctor, reportedly The book had been banned for 10 years referring to instructions received from the from the publishing houses in Turkmenistan authorities, threatened Gurbandurdy and Rakhim Esenov was only able to get it Durdykuliyev’s wife that if she passed on printed in Moscow in 2003. The copies were information about her husband’s case to delivered to his apartment in the capital, media outlets abroad she would not be Ashgabat, in January, but customs officers allowed to visit him again. removed them after a few days, alleging that they had been imported illegally. Reportedly, a commission at the psychiatric Rakhim Esenov insisted that he had hospital in Balkanabad chaired by an official imported them legally and had paid from the Ministry of Health announced that customs duty. Gurbandury Durdykuliyev was mentally ill. He was officially diagnosed as suffering On 2 March it emerged that Rakhim Esenov from “wild paranoia in an aggressive form”. had been charged with "inciting social, national and religious hatred" using mass On 3 January Gurbandurdy Durdykuliyev media. He believed that this charge had sent a letter to President Niyazov and referred to statements made by characters the governor of Balkan region, urging them in his book, which is set during the Mogul to authorize a two-day-long demonstration empire founded in the 16th century. In on the main square of Balkanabad on 18 February 1997 President Niyazov had and 19 February, to coincide with the publicly criticized the book and denounced President’s birthday. He wrote: "We want to the author for making "historical errors," carry out a peaceful demonstration… to but Rakhim Esenov refused to make the express our disagreement with the policies "corrections" the President demanded. of the President and other senior During questioning Rakhim Esenov was government officials and urge them to reportedly asked for the names of his rectify any shortcomings in due course… I “smuggling partners", and who had ask you to refrain from using force against financed the novel. Following the the participants of the meeting." interrogation, Rakhim Esenov suffered a Gurbandurdy Durdykuliyev had earlier stroke and was taken to hospital. He had repeatedly criticized President Niyazov’s already been in poor health before his policies in interviews he gave to the USA- detention, having recently suffered a heart funded Radio Liberty, and had openly attack. However, the interrogations spoken about the necessity to form an continued and he was placed in the MNS’s opposition political party. investigation-isolation prison on 26 February. AI considered Gurbandurdy Durdykuliyev to be a prisoner of conscience, forcibly confined to a psychiatric hospital solely to

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On 23 or 24 February Rakhim Esenov’s son- the hospital and took him to the MNS. His in-law Igor Kaprielov was taken to the MNS family searched for him all night, to no avail. and accused of conspiring with Rakhim Esenov in the smuggling of the books. On During questioning he was pressured to 31 March he was given a five-year stop giving interviews to Radio Liberty. suspended sentence for “smuggling” After his release he told AI: "They wanted (Article 254 part 2 of the Criminal Code) by me to sign a letter to the President they Azatlyk district court in Ashgabat. had prepared in my name. I was supposed to apologize for passing on lies and secret Rakhim Esenov’s friend, the journalist information about the economy and other Ashirkuli Bayriyev, was summoned to the issues to Radio Liberty. How would I know MNS on the evening of 1 March. Shortly any secret information? I have no access to after his arrest, his son, an English such information. I am a pensioner, that’s language teacher, and his wife, a journalist, all." He reported that he was threatened his were both dismissed from their jobs. He home would be confiscated and he and his was charged with “slander in a public family would be “sent into the desert”. presentation or mass media” (Art. 132 part 2). It was unclear whether his arrest was While no physical pressure was exerted on connected to Rakhim Esenov’s case. him during his detention, he did not receive any medical treatment, although he Following international pressure, Rakhim required treatment following the recent eye Esenov and Ashirkuli Bayriyev were operation. As a result he had to undergo a released on 9 and 12 March respectively. second eye operation after his release. However, they were placed under travel restrictions and the charges against them On 25 June Khalmurad Gylychdurdyev’s were not dropped. daughter, Zhenet Gylychdurdyeva, was dismissed from her work as a senior Targeted for giving interviews to inspector at the Ministry of Internal Affairs, Radio Liberty where she had worked since 1989. She was told she had been dismissed for failing to Khalmurat Gylychdurdyev, aged 64, was report to the Ministry that her father had held incommunicado in the detention been arrested. She said she would have facilities of the MNS in Ashgabat from 23 told them about his detention, but as he until the night of 26 June, when he was was held incommunicado she did not have returned to his family by MNS officers. any confirmed information about his arrest There were strong indications that and his whereabouts. The Deputy Minister Khalmurat Gylychdurdyev was targeted to reportedly also indicated that she was punish him for giving interviews to Radio actually dismissed on the instructions of the Liberty, which frequently broadcasts MNS. programmes critical of Turkmenistan’s Possible prisoner of conscience government policies. He had repeatedly Mukhametkuli Aymuradov (update to been summoned to the MNS to question AI Index: EUR 61/002/2002) him about his contacts with Radio Liberty before; however, this time fear for his Mukhametkuli Aymuradov, aged 59, was safety was heightened as he had never transferred back to the maximum-security been detained overnight. To AI’s knowledge, prison in the Caspian port of Turkmenbashi no charges were brought against him. (formerly Krasnovodsk) in May or June where he had been kept for several years. In the morning of 23 June he had gone to In November 2003 he had been transferred the eye hospital in Ashgabat for a check-up to Tedzhen prison in southern Turkmenistan following an eye operation the previous day. in accordance with his verdict that Three MNS officers were waiting for him at stipulated the transfer to a less harsh regime after having served several years in

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the maximum-security prison. It is believed does not appear to be a prospect of his that he was sent back to Turkmenbashi being given a fair trial. prison, where prison conditions are known to be particularly harsh, for three years. Religious leader Nasrullah ibn The authorities did not inform his family Ibadullah sentenced to long prison about the transfer and when his wife heard term rumours about it and went to the prison in Turkmenbashi on 25 June she was not told On 2 March former Mufti Nasrullah ibn the exact reasons for the transfer. However, Ibadullah, an ethnic Uzbek, was sentenced it is likely that he was accused of having to 22 years’ imprisonment on treason violated prison regulations in the detention charges by Azatlyk district court in facility in Tedzhen. His family told AI that Ashgabat with the first five years to be Mukhametkuli Aymuradov had been served in a maximum-security prison. He extremely cautious not to violate any prison was accused of involvement in the alleged rules so as to avoid any conflict with the assassination attempt on President Niyazov authorities. By the end of the period under in November 2002. The President removed review his family had been unable to visit Nasrullah ibn Ibadullah from his post as him or to pass on medicine and food chief mufti and deputy chair of the parcels to him. Gengeshi (Committee) for Religious Affairs in January 2003. AI is seriously concerned about Mukhametkuli Aymuradov=s health. He has There are allegations that the charges not been receiving appropriate medical against Nasrullah ibn Ibadullah were attention for health problems which have fabricated and that he was targeted for included a gastric ulcer, cholecystitis, a expressing dissent. For example, he was heart attack and recurring inflammation of believed to have repeatedly objected to the the kidneys and the bladder. Prison extensive use of the President’s book conditions in the maximum-security prison Rukhnama – a core element of the in Turkmenbashi are particularly harsh and President’s personality cult – in mosques. Mukhametkuli Aymuradov is not permitted Imams are forced to display the Rukhnama any walks in fresh air. in a prominent place in the mosque and quote from it in their sermons. In addition, Mukhametkuli Aymuradov was convicted in Nasrullah ibn Ibadullah did not advocate 1995 of anti-state crimes, including the imposition of the death penalty on the Aattempted terrorism@, and sentenced to 12 suspects in the November 2002 alleged years= imprisonment after a reportedly assassination attempt on the President unfair trial. There were reports that the while other senior officials called for the case against Mukhametkuli Aymuradov and reintroduction of the death penalty. his co-defendant Khoshali Garayev was Nasrullah ibn Ibadullah’s expression of his fabricated solely to punish them for their opinion on this issue, before President association with exiled opponents of the Niyazov himself decided that the death government. In December 1998 both men penalty would not be reintroduced, could were sentenced to an additional 18 years= have been perceived as undermining the imprisonment in connection with an alleged President’s authority. There were also prison escape attempt. Khoshali Garayev allegations that one of the reasons for died in September 1999 in Turkmenbashi targeting him was his Uzbek ethnicity and a maximum-security prison under suspicious government policy to remove ethnic circumstances. minorities from particularly influential posts replacing them with ethnic Turkmen. AI is calling for the release of possible prisoner of conscience Mukhametkuli According to the radio station Deutsche Aymuradov because of his poor health and Welle, Nasrullah ibn Ibadullah and other on the grounds that repeated calls for a fair prisoners from five cells of the maximum- retrial have gone unheeded, and that there

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security prison in Turkmenbashi were use alternative methods such as bonds and beaten by Interior Ministry officers in the bail. Nina Karpacheva also stated that night from 23 to 24 May and Nasrullah ibn conditions in the Sevastopol ITT were Ibadullah “suffered significantly”. particularly poor and have led to a very high rate of infection with tuberculosis (TB) Conscientious objectors (update to among the detainees. Cells are AI Index: EUR 01/007/2002 and overcrowded and detainees are forced to EUR 01/001/2004) share bunks or sleep in shifts, food is inadequate and until January 2004 when In May Jehovah’s Witnesses Mansur Nina Karpacheva discovered a possible site Masharipov and Vepa Tuvakov were for an exercise yard, there was no arrested in their home town of Dashoguz, possibility to take exercise. near the border with Uzbekistan, and sentenced on 28 May and 3 June The European Committee for the Prevention respectively to 18 months’ imprisonment of Torture and Inhuman or Degrading for refusing military service on religious Treatment or Punishment has repeatedly grounds. AI regards the two men as expressed concern about the spread of TB prisoners of conscience and is calling for in prisons and places of detention in their prompt and unconditional release. Ukraine, and in their report on conditions in 2000 expressed concern that no In the period under review seven Jehovah’s improvements could be observed. Andrey Witness prisoners of conscience were Ovsiannikov was arrested in June 2003 on released. Nikolay Shelekhov was released suspicion of drug dealing and held in the upon completion of his prison sentence on 2 Sevastopol ITT. He was not ill with TB at January. The release of the other six – the time, but by September had been Rinat Babadzhanov, Aleksandr Matveyev, diagnosed with TB. He was not informed Shokhrat Mitogorov, Ruslan Nasyrov, and and found out only by chance in November Rozymamed Satlykov and Kurban Zakirov – when his health worsened. He did not on 11 and 12 June, was believed to be part receive any treatment until March when of a number of recent measures taken by through the efforts of his family and the the authorities of Turkmenistan to avoid Sevastopol Human Rights Group he was being classified as a "country of particular hospitalized and received treatment. On 30 concern" by the USA (see above). June he was returned to the ITT. AI is concerned that he has been held since June 2003 in pre-trial detention in the ITT when domestic law stipulates that detainees may be held in such facilities for a maximum of 72 hours, and that conditions in the Sevastopol ITT constituted cruel and UKRAINE inhuman treatment.

Police ill-treatment and conditions in Since 2001 the Ukrainian criminal code has pre-trial detention included the crime of torture, but according to Nina Karpacheva the new article has not At a meeting with AI delegates in June the had the desired effect of increasing National Human Rights Ombudsperson Nina convictions for torture. One of the reasons Karpacheva stated that torture was still is that the law is not in line with the widespread. The main problems were lack definition of torture in UN Convention of immediate access to a lawyer and against Torture and Other Cruel, Inhuman conditions in pre-trial detention centres or Degrading Treatment of Punishment, and (SIZO) and temporary holding facilities does not state that torture can be (???). The problem was aggravated by a committed by state officials. Despite these very high number of arrests and a failure to difficulties, in April officers of the organized crime department in Poltava region were

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convicted of torture. The regional seekers must apply within five working procurator ruled that the officers had used days for legal entry and within three days illegal investigation methods and had for illegal entry. During a visit in June AI resorted to physical violence when they delegates also heard about many detained Volodymyr Tsiselsky. He was procedural shortcomings: claims are very detained in December 2003 and died during often refused or delayed, the system is very interrogation. A forensic expert established complex, and sometimes corrupt. Asylum- that he had died of suffocation. A friend seekers are required to have four different arrested along with him reported how the certificates, each needing to be stamped police put a gas mask over their heads and individually by the migration department, then cut off the oxygen supply and blew in and AI delegates spoke to one asylum- cigarette smoke instead. seeker who described how his application had been refused by the migration “Disappearance” of Georgiy department in Kiev but was later offered a Gongadze (update to AI Index: EUR positive decision if he paid. 01/001/2004)

In the run-up to the presidential elections in UNITED KINGDOM October pressure increased on the Ukrainian government to identify those The UK’s response to 11 September responsible for the “disappearance” of the 2001 (Update to AI Index: EUR investigative journalist Georgiy Gongadze. 01/01/2004) On 19 June the UK-based newspaper The Independent published an article based on In the reporting period, AI continued to be leaked confidential documents that alleged concerned about serious human rights that high ranking government officials had violations that have taken place in the UK in blocked the investigation and that a key witness, Igor Goncharov, died in August the context of the UK authorities’ response to the 11 September 2001 attacks in the 2003 after an overdose of barbiturates USA. during investigations. The documents also alleged that the Ministry of Internal Affairs By the end of June, 12 people were had been carrying out surveillance of interned and detained in prisons under the Georgiy Gongadze for weeks before his Anti-terrorism, Crime and Security Act 2001 abduction. In June the Prosecutor General’s (ATCSA) in the UK. They were held in high- office denied the authenticity of the security facilities under severely restricted documents and shortly afterwards announced that a convicted murderer had regimes. Most of the internees had been in detention for more than two years. They confessed to the journalist’s killing. had been detained in two high security

prisons (Belmarsh and Woodhill) and a high Refugee law still fails to meet security mental hospital (Broadmoor). One international standards further person, known only as “G” (see below) was held under bail conditions In June the Parliamentary Assembly of the amounting to house arrest. Council of Europe recommended that

Ukraine and other CIS states observe the In February, AI expressed concern at the fundamental principles of international law UK Home Secretary’s reported suggestions concerning the protection of refugees and for new measures to "combat terrorism", asylum-seekers, and to show commitment including using a lower standard of proof in and political will in tackling the problems of "terrorism-related" trials. The organization migration. Refugee law in Ukraine is still feared that these measures, if implemented, not in line with international standards. The would dispense with justice, the rule of law law imposes a time limit for applications for and human rights in the UK (see United refugee status and stipulates that asylum- Kingdom: Home Secretary's reported

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proposals -- an aberration of justice, the rule of law and human rights, AI Index: In the immediate aftermath of the above- EUR 45/004/2004). mentioned judgment AI raised its concern about a passage of the Court of Appeal's During the same month, as both Houses of judgment insofar as it held that "while SIAC Parliament in the UK prepared to debate procedures are not ideal it is possible ... to and renew Part 4 of the ATCSA, AI also ensure that those detained can achieve urged the UK authorities to repeal those justice ...". AI refuted that conclusion provisions of the ATCSA pursuant to which categorically, and reiterated the non-deportable foreign nationals could be organization's concern that proceedings interned -- i.e. detained without charge or arising from the internment provisions of trial -- potentially indefinitely, principally on the ATCSA represented a fundamental the basis of secret evidence (see United departure from the rule of law. AI noted Kingdom: Scrap internment, AI Index: also in this context that 13 people 45/008/2004). continued to be interned, without charge or trial, principally on the basis of secret In March AI expressed concern that the UK evidence under the ATCSA (see UK: Court authorities' decision to challenge the of Appeal puts an end to M's persecution, Special Immigration Appeals Commission’s AI Index: EUR 45/013/2004). (SIAC) judgment that their case for detaining a Libyan man, known only as “M” On 9 March AI expressed its urgent concern for legal reasons, as a "suspected for the mental and physical health of a 35- international terrorist" was "not year-old Algerian man and former torture established" amounted to persecution. AI victim, known only as "G" for legal reasons stated that appealing against the SIAC (see AI Index: EUR 45/011/2004). G had decision was tantamount to appealing originally applied for bail in January given against an acquittal verdict. The SIAC had the serious deterioration of his mental and ruled that some of the UK authorities' physical state as a result of being interned assertions were "clearly misleading" and at Belmarsh high security prison, London, "inaccurate". Overall, the SIAC found that since 19 December 2001, under a severely the UK authorities' view of M was restrictive regime. On 20 January the SIAC "unreasonable", and expressed concern had granted G bail holding that continuing that "too often assessments have been detention would cause G’s mental health to made based on material which does not on deteriorate further, but the UK authorities analysis support them" (see UK v M: UK had prevented his release by opposing the authorities' refusal to accept yesterday's SIAC ruling through protracted legal judgment amounts to persecution, AI Index: wrangling. On 22 April AI observed the EUR 45/010/2004). renewal of the bail application by G before the SIAC. At the end of the hearing, the Shortly thereafter, AI monitored the SIAC granted bail to G under strict proceedings before the Court of Appeal in conditions amounting to house arrest. the case of M. Most of the proceedings in Following this senior government the Court of Appeal were held in closed spokespeople made strong statements session from which the lawyers criticizing the granting of bail. In turn, AI representing M, AI and members of the expressed concern that the government public were excluded. The open part of the was undermining the judiciary and the rule proceedings lasted approximately one hour of law. and 45 minutes. On 18 March the Court of Appeal rejected the UK authorities' On 27 May Abu Hamza -- an Egyptian-born application for leave to appeal. As a result, UK citizen reportedly suspected of being M was released. As of the end of June, he linked to al-Qaida -- was arrested on an was the sole person who had won an appeal extradition request from the USA for against certification as a suspected "terrorism"-related crimes and detained in international terrorist. Belmarsh high security prison, London. AI

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considered that his case should be seen in held in US custody at Guantánamo Bay the context of international standards could be repatriated subject to certain requiring the UK not to extradite or transfer conditions. AI wrote to the UK Foreign someone to a place where they risk torture, Secretary urging him to clarify the accuracy unfair trial, arbitrary detention or the death of such reports, and to contact the relatives penalty. AI called on UK authorities to of all UK nationals held in Guantánamo Bay, demand and receive credible assurances to and not leave it for media speculation to this effect, and to seek an agreement from keep the relatives informed (see UK/USA: the USA that UK officials would be Clarify fate of Britons held in Guantánamo permitted to effectively monitor his Bay, AI Index: EUR 45/001/2004). treatment before extraditing or transferring him to US custody. On 9 March Ruhal Ahmed, Tarek Dergoul, Jamal Udeen (also known as Jamal Al On 18 June AI submitted a written briefing Harith), Asif Iqbal and Shafiq Rasul, five of to the Parliamentary Joint Committee on the nine UK nationals held in US custody at Human Rights (JCHR) about AI's key Guantánamo Bay, were released. On their concerns on Part 4 of the ATCSA. In May, arrival in London Jamal Udeen was the JCHR invited written submissions for a immediately released without charge, while response to the Home Secretary's the other four were questioned by UK police discussion paper entitled "Counter- and released -- also without charge -- the Terrorism Powers: Reconciling Security and following day. Liberty in an Open Society". Al's submission to the JCHR reiterated the In May AI’s concern about the individuals organization's concerns about serious held in US custody at Guantánamo Bay human rights violations that have continued deepened in light of the allegations to take place in the context of the UK contained in an open letter sent on 13 May authorities' response to the 11 September to the Chair and Members of the US Senate attacks as a result of the implementation of and Armed Services Committee by Shafiq Part 4 of the ATCSA. These concerns Rasul and Asif Iqbal. In their open letter included: the continued internment under they accused the US authorities of the ATCSA; the fact that internees are held deliberately misleading the public about so- in high-security facilities under severely called “interrogation techniques” used by restricted regimes; the fact that US personnel at Guantánamo Bay and proceedings under the ATCSA fall far short elsewhere while in US custody. of international fair trial standards, including the right to the presumption of The use of the so-called “stress and duress” innocence, the right to a defence and the techniques has been widely alleged by right to counsel; and grave concern at the former detainees held in US custody in reliance on secret evidence and at the Afghanistan some of whom were executive's and judiciary's willingness to subsequently transferred to Guantánamo admit and rely on evidence extracted under Bay. Shafiq Rasul’s and Asif Iqbal’s open torture in proceedings under the ATCSA. letter, as well as the information arising Since only non-UK nationals could be from the then ongoing US Congressional interned, AI also considered the ATCSA hearings into torture at Abu Ghraib Prison, discriminatory. lent further credibility to the scenario that people held in US custody -- not only at UK nationals and residents at Abu Ghraib Prison, but also in Afghanistan, Guantánamo Bay, Cuba at Guantánamo Bay, and possibly elsewhere at other undisclosed detention On Friday 9 January there were media places -- have been subjected to such reports that Pierre-Richard Prosper, the US practices by US personnel. Ambassador at large for war crimes, had indicated that some of the UK nationals AI remained deeply concerned that UK authorities had taken and were taking

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advantage of the legal limbo and the The Independent Police Complaints coercive detention conditions in which their Commission (IPCC) became operational on nationals and residents had been or were 1 April. The IPCC was established following held at Guantánamo Bay to interrogate criticism about the lack of independence them and extract information to use in and impartiality and the inadequate powers proceedings under the ATCSA. UK of its predecessor, the Police Complaints nationals and residents had in fact been Authority. AI had contributed to the “visited” and interviewed on a number of consultation on the establishment of the occasions by UK officials, including IPCC. members of the security services. Police handling of racist killings UK armed forces in Iraq Michael Menson - Update to AI Index: On 11 May AI issued a report entitled Iraq - EUR 01/001/2000 Killings of civilians in Basra and al-'Amara (AI Index: MDE 14/007/2004), On 9 June the IPCC issued a statement on documenting cases in which UK soldiers its final decision about the complaint of opened fire and killed civilians in southern Michael Menson’s family regarding the Iraq in circumstances where there was police handling of the investigation into his apparently no imminent threat of death or murder in 1997. Following a serious injury to themselves or others. The Cambridgeshire Constabulary inquiry, the report also described how armed groups IPCC decided that two Metropolitan Police and individuals executed dozens, possibly Service officers would be admonished for hundreds, of civilians for political reasons. their failings during the investigation into In the report, among other the murder. The IPCC stated that they recommendations, AI called on the UK would have pressed for a disciplinary authorities to establish a civilian-led hearing against a further four officers had mechanism to investigate all suspected the officers still been in the police service. killings by UK forces. The IPCC would also have recommended that one officer, now retired, receive an On 14 May AI wrote to the Prime Minister admonishment; and stated that two senior expressing concern at the serious violations officers, now retired, were at fault. of humanitarian law identified in the report of the International Committee of the Red According to the IPCC statement, although Cross (ICRC) to the Coalition Forces of the Cambridgeshire Constabulary inquiry February 2004. In particular, AI expressed had concluded that there was adequate concern that the UK authorities' response evidence to sustain an accusation that the had been inadequate, including failing to officers had been swayed in their acknowledge all of the concerns expressed judgements by racial prejudice, the IPCC by the ICRC. AI expressed concern that the decided that there was insufficient evidence UK authorities were skirting their joint to prove racial prejudice beyond reasonable responsibility for the serious violations of doubt. international humanitarian law identified in the ICRC report as an occupying power with Deaths in custody (Update to AI all Coalition Forces. Index: EUR 01/016/2003; and EUR 01/01/2004) England and Wales In April BBC One television showed a The Independent Police Complaints documentary entitled “Death on camera” Commission (Update AI Index: EUR including an 11-minute footage showing 01/003/2001). Christopher Alder choking to death on the floor of Queen’s Gardens police station in Hull while handcuffed, in April 1998.

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Following this broadcast, the Home committed suicide had not been Secretary announced that he would corroborated by two of the world's leading commission a review of Christopher Alder’s forensic authorities: the Forensic Science case by the IPCC. On 19 April the IPCC Service - chief supplier of forensic analysis stated that it had received the terms of to UK police forces – and the German reference from the Home Secretary, and Bundeskriminalamt. These forensic that it would look into significant lessons to institutions had been commissioned by be learnt from Christopher Alder’s death. Surrey Police to examine the deaths of The Alder family criticized the Home Privates James Collinson, Geoff Gray, Secretary’s initiative and demanded an Cheryl James, and Sean Benton, who died independent public inquiry. in separate incidents at the Princess Royal Barracks, Deepcut, Surrey, between 1995 In March it was reported that the and 2002. According to The Observer’s Metropolitan Police Authority had agreed to report, neither of the above-mentioned fund the judicial review sought by eight institutions could state conclusively that the police officers to overturn the unlawful deaths were self-inflicted. The documents killing verdict for the death in custody of containing their findings were expected to Roger Sylvester in 1999. The verdict was be made available to the pending inquests returned by an inquest jury in October 2003. into the death of James Collinson and Geoff However, in May the Metropolitan Police Gray. Authority agreed to pay the legal costs of Roger Sylvester’s family, as well as those of On 4 March Surrey Police published their the eight police officers. fifth and final report into the circumstances of the deaths at Deepcut Barracks. Surrey On 29 November 2003 the Home Secretary Police highlighted “The essentially reactive announced that, in line with the House of and fragmented nature of the training, care, Lords judgment on 16 October 2003, he welfare and accountability regimes that had established a public inquiry into the operated between 1995 and the initiation of murder of Zahid Mubarek at Feltham Young the Learning Account in 2002 [a joint Offender Institution in March 2000. The Surrey Police/Army initiative to ensure that inquiry’s terms of reference read: “In the key lessons about risks, vulnerabilities and light of the House of Lords judgment in the opportunities to improve the care regime case of Regina v Secretary of State for the were logged and progress recorded. The Home Department ex parte Amin, to Deputy Adjutant General of the Army holds investigate and report to the Home responsibility for its maintenance]”. The Secretary on the death of Zahid Mubarek, Surrey Police final report also indicated that and the events leading up to the attack on evidence of bullying in the Army was him, and make recommendations about the uncovered in sufficient quantity to raise prevention of such attacks in the future, concerns; and that the episodes of bullying taking into account the investigations that revealed during the investigation showed have already taken place—in particular, the potential for it being a factor in those by the Prison Service and the escalating the risk of harm to recruits. The Commission for Racial Equality.” A report report reviewed a series of documents and of the inquiry, subject to matters of episodes dating from 1988 to 2003, confidentiality, will be published. showing that areas of risk relating to the care, safety and welfare of recruits had Army deaths in disputed been identified on a number of occasions in circumstances - Update to AI Index: the past but had not been adequately EUR 01/01/2004 addressed. In light of this, Surrey Police recommended that “the Ministry of Defence considers a broader investigation of: i) In February it was reported in The Observer Whether the risks identified at Deepcut are newspaper that the UK Army claims that replicated across the wider Army Training soldiers shot dead at Deepcut barracks and Recruiting Agency and how these may

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relate to the issues of self-harm, suicide escort in March 2003 at the height of the and undetermined deaths. ii) How the US-led attack on Iraq. The 120 passengers Army’s care regime may be further of the coaches were in the main peaceful improved. iii) How independent oversight protesters who intended to reach the Royal might help the Army define and maintain Air Force base at Fairford -- used by the US appropriate standards of care for young B52 bombers to fly to Iraq -- to soldiers.” demonstrate against the war. They were initially stopped in a lay-by, and then forced Surrey Police acknowledged the to board the coach again and were shortcomings of the original investigations eventually returned to London under police into the four deaths and apologized to the escort. The police argued that there was an families for not taking the lead and imminent danger that a breach of the peace ensuring a thorough inquiry at the outset. would occur if the coach passengers were Surrey Police also recognized that the Army allowed to reach Fairford. had acted to progress the lessons logged on the Learning Account and that there now AI noted that the judgment, delivered on existed a programme of work to improve 19 February, found that detaining Jane practices and procedures relating to the Laporte to forcibly return her to London on care of soldiers in training. However, the coach was unlawful and violated her Surrey Police remained concerned that right to liberty under Article 5 of the more needed to be done to address areas European Convention for the Protection of of risk and strengthen the care regime for Human Rights and Fundamental Freedoms. young soldiers in training and suggested However, AI expressed concern about the new arrangements for accountability and chilling effect on the rights to freedom of independent oversight. assembly, peaceful protest and expression, insofar as the judgment’s finding that In May it was reported in the press that the preventing the coaches from proceeding to Defence Secretary was considering the Fairford was lawful, and that, as a result, establishment of a new body, independent the police actions had not violated Jane of the Ministry of Defence, to address Laporte’s right to freedom of peaceful abuses in the Army and monitor the welfare assembly and expression. of young recruits. It was reported that officials of the new body may be given Katharine Gun powers to make unannounced visits to barracks and question trainee soldiers On 19 January AI observed the bail hearing anonymously. The families of many UK in the criminal case against Katharine Gun, Army personnel, who died in and around a former employee of the GCHQ army barracks in suspicious circumstances, (Government Communications continued to campaign for an independent Headquarters, an intelligence and security public inquiry into the circumstances of the organization). She had been charged under deaths. the Official Secrets Act 1989 (OSA). Katharine Gun was being prosecuted under Freedom of expression the Act for leaking an email which reportedly exposed the US plan to The Fairford “coach-knapping case” eavesdrop on members of the UN Security Council in the run up to the Iraq war. She On 15 and 16 January, AI observed the did not deny leaking the information, but judicial review proceedings brought against argued that her actions were necessary to the Police Chief Constable of prevent what she believed to be an Gloucestershire by Jane Laporte, a unlawful war and to save the lives and passenger of a coach, which, together with limbs of UK servicemen and women and two other coaches, was stopped and then Iraqi civilians. forcibly returned to London under police

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AI considered that the prosecution of investigation of the 1997 murder of Sean Katharine Gun was political, and the fact Brown. However, the Ombudsman “found that it was being brought under the OSA no evidence of police collusion in the raised a number of concerns, primarily murder, including no evidence that police because the Act does not allow for a public allowed the murder vehicles 'safe passage’”. interest defence, which in turn raises concern in relation to the right to freedom In the same month, the Tyrone Coroner of opinion and expression. On 23 February who had been conducting an inquest into a AI sent a letter to the UK Attorney General number of cases, including that of (AG) to express concern about the Roseanne Mallon, in which there were prosecution of Katharine Gun under the serious allegations of collusion between OSA. In its letter to the AG, AI questioned state forces and Loyalists in killings, the role of the AG in approving her announced that the Ministry of Defence and prosecution, given the stated reasons for Police Service of Northern Ireland were to Katharine Gun’s disclosure and the fact that provide him with access to material that the AG advised the UK government on the they had previously withheld related to 10 prospective legality of the war on Iraq as its killings in County Tyrone. chief legal adviser. The organization also sought clarification from the AG on how In February, the Bloody Sunday Tribunal Katharine Gun’s right to a fair trial could be completed hearing oral evidence although guaranteed given that the OSA is seriously two additional civilian witnesses were heard flawed and in contravention of international in June. In February Lord Saville, the chair human rights law and standards. AI also of the Bloody Sunday Tribunal, announced expressed concerned at the unprecedented that no action would be taken against restrictions placed upon Katharine Gun by journalists who had refused to disclose their her former employers GCHQ on her ability sources. to instruct her legal representatives, which seriously impaired her ability to prepare her In March, in a precedent setting case with own defence, and made a mockery of her profoundly detrimental implications for right to confidential communication with human rights and the rule of law, the House legal counsel, both key fair trial guarantees. of Lords, the highest court in the UK, reversed a January 2003 ruling of the On 25 February the prosecution dropped Northern Ireland Court of Appeal declaring the charges against Katharine Gun on the that the government had failed to carry out basis that having constantly assessed the an effective investigation into the evidence they did not believe that there circumstances of the death of Gervaise was a reasonable prospect of securing a McKerr. Gervaise McKerr had been shot conviction. The presiding judge entered a dead, together with two other people, in not guilty verdict and discharged her. 1982 by members of a special “anti- terrorist” unit of the Royal Ulster Northern Ireland (Update to AI Constabulary. In May 2001, the European Court of Human Rights had concluded that Index: EUR 01/01/2004) the UK had violated the right to life in Northern Ireland. The unanimous rulings At the end of June, the Northern Ireland were made in four cases, including that of Assembly remained suspended and direct Gervaise McKerrr, brought by the families rule continued. of 11 people killed by security forces and one person killed by an armed Protestant Collusion and political killings group with the alleged collusion of the security forces (see AI Index EUR In January, an investigation conducted by 45/010/2001). A five-member panel of the the Police Ombudsman of Northern Ireland House of Lords held that the UK concluded that there had been significant government was not obliged under the failures in the Royal Ulster Constabulary Human Rights Act 1998 (HRA) to carry out

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an “effective and independent” investigation Patrick Finucane, Rosemary Nelson, Robert into killings by state agents because the Hamill and Billy Wright were given a copy of HRA did not apply to deaths that happened the relevant report by Justice Cory. before the act came into force in 2002. The case of Gervaise McKerr was not an On the eve of the publication of the Cory isolated incident. Nine cases had been report, AI and other international and pending in the courts of Northern Ireland domestic human rights non-governmental awaiting the outcome of the McKerr appeal organizations made a number of in the House of Lords. In addition, many recommendations to the UK authorities requests, prompted by the above- regarding the establishment of the inquiries. mentioned four judgments of the European These included: a) a commitment from the Court of Human Rights, had been made to UK authorities in the immediate aftermath the police and the Director of Public of the publication of each report that they Prosecutions of Northern Ireland for new would promptly establish four separate investigations into deaths involving the public inquiries, as recommended by Justice police or security forces. Cory; b) prompt consultation with each family concerned to establish accurately In April Jean McBride, the mother of Peter their views about the inquiry into the killing McBride, renewed her legal challenge in the of their deceased relative; c) that each High Court in Belfast bringing a full judicial inquiry should be established, constituted review of the Ministry of Defence’s decision and conducted in such as way as to ensure allowing the two Scots Guards, convicted of its competence, independence and her son’s murder in 1992, to continue to impartiality, in particular that each inquiry serve in the army. In June the not only be independent and impartial but Independent Assessor on Military that it also be seen to be so; d) that the Complaints called for the dismissal of the inquiries be conducted in public, and ensure two soldiers convicted of the 1992 murder. the maximum possible participation of the families concerned; e) that the inquiries be In May media sources reported that an empowered to compel discovery and investigation by the Police Ombudsman of disclosure of documents, and have Northern Ireland had exonerated the Police subpoena powers to compel the attendance Service of Northern Ireland of any blame of witnesses; and f) that each inquiry’s for the killing of Loyalist William Stobie, a report be made public. police agent and a Loyalist paramilitary quartermaster who, among other things, On 1 April the UK authorities published the had supplied the gun used to kill Patrick above-mentioned reports, and Finucane. simultaneously announced the Early in the year, the families of Patrick establishments of public inquiries in all but Finucane, Rosemary Nelson, Robert Hamill one case, that of Patrick Finucane. Instead, and Billy Wright were forced to issue their response to the Cory report on the judicial review proceedings in the High Finucane case only referred to “set[ting] Court in Belfast on account of the UK out the way ahead at the conclusion of authorities’ failure to publish the reports by prosecutions”. The UK authorities refused Justice Cory into allegations of state to announce a public inquiry in the Finucane collusion in these killings. Early in February, case despite Justice Cory’s unequivocal frustrated by the UK authorities’ failure to conclusion that in the case of Patrick publish his reports in the Northern Irish Finucane he was “satisfied that there is a cases, Justice Cory publicly confirmed that need for a public inquiry”, and that “only a he had recommended four separate public public inquiry will suffice”. inquiries into the Northern Irish cases. Immediately, AI expressed profound Eventually, after an unconscionable delay of concern that using one outstanding nearly six months, on 31 March -- only one prosecution as the excuse for not day before publication -- the families of establishing such an inquiry further

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undermined the UK government’s credibility years as to the inquiries’ respective remits; and raised more questions as to its real and finally, the authorities’ timetables for intention. AI considered that the only their establishment. inevitable conclusion that it could draw from the failure of the UK authorities to Abuses by non-state actors establish an inquiry in the Finucane case was that, once again, the UK authorities In March Andrew Cully, a 47-year-old were making every effort to avoid it. builder, was shot dead in an alleyway at a Loyalist housing estate in Greyabbey in Co. In this connection, AI also expressed Down. His killing was attributed to the dismay at the severe delays in the Ulster Volunteer Force (UVF), a Loyalist prosecuting authorities’ decision-making paramilitary organization. process. In the reporting period, the organization was informed that the Office of In May, Brian Stewart, a 34-year-old the Director of Public Prosecutions in Protestant man, reportedly affiliated with Northern Ireland had been “considering” the Loyalist Volunteer Force, another whether or not to institute criminal Loyalist paramilitary group, was shot dead proceedings “in respect of members and in East Belfast in a gun attack as he arrived former members of Her Majesty’s Forces” at work. Sources attributed his killing to since receiving a number of files from the the UVF. “Stevens III” investigation on 15 April 2003. The organization was also informed that In June, Kevin McAlorum, a 31-year-old “decisions as to prosecutions are not man, who allegedly had had links with the anticipated to be taken before autumn Irish National Liberation Army, a Republican 2004”. AI failed to grasp why decisions, paramilitary group, was ambushed and based on detailed submitted files, should killed in South Belfast when two gunmen require a year and a half’s delay. rammed his car at Derriaghy. Detectives were reportedly examining a possible drugs In light of this, and given the timing of the motive for the attack. only outstanding prosecution arising from the killing of Patrick Finucane -- listed to In February, Hugh Orde, the Chief start on 13 September of this year -- AI Constable of the Police Service of Northern was concerned that should this prosecution Ireland accused the Provisional Irish collapse, charges may conveniently be Republican Army of being responsible for brought against other individuals so as to the abduction of, and the injuries sustained further delay a public inquiry. by, Bobby Tohill, a dissident Republican. In late June, AI also expressed concern to In April, in its first report the Independent the UK authorities that despite their Monitoring Commission, reported, inter alia, announcement on 1 April of public inquiries that in recent years there had been “a into allegations of state collusion in the marked increase in total paramilitary killings of Rosemary Nelson, Robert Hamill violence short of murder by both republican and Billy Wright, they had been deliberately and loyalist groups. Loyalist violence has delaying the establishment of such inquiries. increased at a higher rate”. The In light of the already unconscionable delay Commission also reported that between of nearly six months in the publication of January 2003 and February 2004 the total the Cory reports, AI considered that these number of casualties as a result of Loyalist further delays were inexcusable. The paramilitary-style shootings was 123, while organization requested to be informed why there had been 66 casualties as a result of the above-mentioned inquiries had not similar incidents in which Republicans had been established yet; what steps, if any, been implicated. In the same period the UK authorities were taking to consult Loyalists were also responsible for 116 with the families concerned and with non- casualties as a result of paramilitary-style governmental organizations that had been assaults, while Republicans were campaigning for these inquiries over the

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responsible for 56 casualties as a result of effectively under a form of house arrest - the same type of assaults. he had to report daily to the authorities of In March, media sources indicated that the the settlement, and was not allowed to police had confirmed that racist attacks in undertake any public activities. Under a Northern Ireland had surged by 60 per cent December 2003 presidential amnesty the in the previous year while assaults on gays length of his term of imprisonment was and lesbians had doubled. reduced from four years to three years, one month and 17 days.

Ruslan Sharipov, a 25-year-old UZBEKISTAN correspondent for the Russian news agency PRIMA and Chairman of the unregistered Human rights defenders human rights organization Grazhdanskoe sodeystvye (Civic Assistance), was arrested The case of Ruslan Sharipov (update to in May 2003. In August that year he was AI Index: EUR 01/016/2003 and EUR convicted on charges of homosexuality, 01/001/2004) punishable by up to three years’ imprisonment, “encouraging minors to On 23 June a district court in the capital, commit antisocial behaviour” and having Tashkent, reviewed Ruslan Sharipov's sex with minors. He was sentenced to five- prison sentence and changed it to two and-a-half years’ imprisonment. In years' community service. September 2003 his sentence was reduced on appeal to four years. In October 2003 he The court ordered Ruslan Sharipov to serve was reportedly transferred to a penal his sentence in the city of Bukhara which is colony. He insisted that the charges were registered as his official place of residence, fabricated because of his critical reporting although he has lived in Tashkent for and human rights work, and that the court several years and has no relatives in had ignored forensic medical tests that Bukhara. He was also ordered to give 25 exonerated him. He alleged that he was per cent of his salary to the state. Under tortured into changing his plea to guilty, the terms of his community service Ruslan dismissing his lawyers and writing a suicide Sharipov is confined to the city and has to note. He said he had been threatened with report regularly to the Bukhara city rape and suffocation, had a gas mask put department of internal affairs. The court over his head and the air supply turned off, reviewed his case behind closed doors and and had been injected with an unknown in the absence of his lawyers and legal substance. representatives. He was reportedly Arrests following bombings in transferred to Bukhara on 25 June. March-April

A government commission had met on 12 A series of explosions, and attacks on police June to review Ruslan Sharipov's sentence checkpoints, in Tashkent and the city of and to examine whether he would qualify Bukhara, took place between 28 March and for early release after having served a third 1 April. Uzbek authorities blamed the of his sentence. The commission reportedly violence, which left over 40 people dead, on recommended that he continue to serve the “Islamic extremists” including the banned remainder of his sentence. armed Islamic Movement of Uzbekistan (IMU) and the Islamic opposition party On 13 March Ruslan Sharipov had been Hizb-ut-Tahrir, which they accused of reportedly transferred from the penal intending to destabilize the country. On 9 colony in Tavaksay to a more relaxed April the General Prosecutor announced regime of detention at a so-called colony that over 700 people had been questioned settlement (koloniya-poseleniye in Russian) in connection with the violence and that 54 in the Tashkent region. There he had been suspects had been arrested, of whom 45 allowed to live with a relative, but was

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had been charged with terrorism, including The officers searched the premises, causing 15 women. He also blamed the bombings serious damage, and claimed to have found on a previously unknown Islamist group Islamic fundamentalist materials in the called Zhamoat (Cell). Human rights form of a book, leaflets and a box of organizations continued to report sweeping videotapes. arbitrary detentions, throughout the country, of men and women said to be At the police station they were interrogated either devout Muslims or their relatives. separately and then taken to the Tashkent City Department of Internal Affairs (GUVD). The authorities also linked the attacks to Her parents were released without charge Uzbekistan’s participation in the US-led the following evening. They were unable to “war on terror”. A special commission establish whether Nilufar had been kept at headed by President Islam Karimov himself the GUVD or taken elsewhere. The GUVD was overseeing the investigation into the reportedly refused to acknowledge that recent violence, which he linked to February Nilufar was in their custody or to provide 1999 explosions in Tashkent (which the any information on her whereabouts. authorities described as an assassination attempt on President Karimov) in a In June the Uzbek Ambassador to the UK television address on 29 March 2004. The informed AI that Nilufar Khaidarova had February 1999 bombings had sparked a been charged with attempting to overthrow wave of arbitrary arrests of suspected the constitutional order (Article 159 of the Islamic and secular opposition supporters Uzbek Criminal Code) in relation to the or sympathizers and their families, as well March-April violence and that she was being as members of independent Islamic detained at investigation-isolation prison congregations. Thousands of devout number 1 (known as SIZO from its Russian Muslims are serving long prison sentences, abbreviation) in Tashkent. According to the convicted after unfair trials for alleged anti- Ambassador she had been granted regular state activities. access to her lawyer and her mother had visited her several times. She had also AI feared that Uzbekistan might use the reportedly been visited by staff of the latest violence as an opportunity to further International Committee of the Red Cross. restrict fundamental freedoms and human According to information received by AI rights, and continue its crackdown on from unofficial sources, however, she had opposition Islamic groups with greater not had regular access to her lawyer, nor impunity. had her mother been able to visit her before June. Arrest of Nilufar Khaidarova AI was concerned that Nilufar Khaidarova had been detained without charge in Nilufar Khaidarova was reportedly detained relation to the March-April violence because without charge on 5 April at her home in her husband and her two brothers, all Tashkent and was held incommunicado at devout Muslims, were at that time serving an unknown location where it was feared long prison sentences, convicted of anti- that she could be at risk of torture. The state activities and membership of banned authorities refused to acknowledge that she religious organizations. was in custody. According to her parents she had not yet fully recovered from major Arrest of Babir Makhmudov surgery and chemotherapy to treat cancer that was diagnosed three years ago. Babir Makhmudov, the son of writer and possible prisoner of conscience Mamadali She and her parents were apparently Makhmudov, was reportedly detained at his woken at 5.30am by a group of 20 home by nine police officers in plain clothes uniformed police officers, who took them at on the night of 30 March. His relatives and gunpoint to the Chilanzar district police supporters were unable to locate him and station still dressed in their nightclothes. the authorities refused to disclose his

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whereabouts. When asked about Babir December 2003 Presidential amnesty after Makhmudov’s right to access to a lawyer a serving three years of a seven-year prison representative of the international non- sentence. Rahima Akhmadalieva was governmental organization Human Rights detained in 2001 and ill-treated in pre-trial Watch in Tashkent was reportedly told by a detention in order to force her to disclose law enforcement officer that he did not her husband’s whereabouts. Her husband, need a lawyer. who was an independent imam at a Tashkent mosque, had fled the country to AI was concerned that Babir Makhmudov, escape arrest and torture by the Uzbek who supporters insist has no opposition authorities. political or religious affiliation, had been detained without charge because he was In April Rahima Akhmadalieva complained the son of writer and possible prisoner of in an open letter to President Karimov that conscience Mamadali Makhmudov. she and her older daughter Odina Mamadali Makhmudov was sentenced to 14 Maksudova had been repeatedly detained years in prison in August 1999, after a trial for long periods of time for questioning by which fell far short of international officers of the Ministry of Internal Affairs standards for his alleged participation in the (MVD) following the March-April violence in series of explosions in Tashkent in February Tashkent and Bukhara. She claimed that 1999 (see above). In a written statement MVD officers had threatened Odina he described how he had been Maksudova and her 10-year-old sister with systematically tortured in order to force a rape, that they had shouted abuse at confession while held incommunicado in herself and her daughter and had accused pre-trial detention. Mamadali Makhmudov them and Rahima Akhmadalieva’s husband has described in detail how he and other of having close links with the alleged political prisoners have continued to be organizers of the violence. They allegedly subjected to torture and other cruel, threatened to have Rahima Akhmadalieva inhuman and degrading treatment over the sent back to prison. On 14 April she was last five years. reportedly kept in detention for 48 hours at Tashkent GUVD and was only released after Babir Makhmudov was released without the intervention of human rights activists. charge on 9 April. According to a representative of Human Rights Watch in Political prisoners Tashkent he was in good health following his release, and was not ill-treated in Suspended sentence for Fatima detention as feared. He was, however, Mukadirova (update to AI Index: EUR questioned about the violent events of 28 01/004/2004) March to 1 April. On 12 February 62-year-old Fatima AI believed that the publicity surrounding Mukadirova was sentenced to six years’ his incommunicado detention and in imprisonment for alleged anti-state particular his relationship to his father kept activities. The Uzbek authorities accused him safe in detention and secured his her of being an active member of Hizb-ut- release. Tahrir. Fatima Mukadirova had been detained in October 2003, charged with Release of possible prisoner of membership of Hizb-ut-Tahrir and with conscience Rahima Akhmadalieva possessing and distributing the (update to AI Index: EUR organization’s leaflets. Sources close to 62/015/2001 and EUR 62/004/2001) Fatima Mukadirova believed that her detention on criminal charges was intended Possible prisoner of conscience Rahima to intimidate her and to stop her from Akhmadalieva was released from prison on further publicizing the disputed 17 January under the terms of the circumstances of the death in custody of

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her son, Muazzar Avazov. Two months by the Supreme Court during the period prior to her detention, on the anniversary of under review. The (UN) Human Rights his death, Fatima Mukadirova had renewed Committee had intervened on their cases her campaign for justice by appealing urging the authorities of Uzbekistan to stay publicly to the international community for their executions while they were under help in securing an independent consideration by the Committee. investigation into the way he died. The authorities insisted Muazzar Avazoz died of The authorities still failed to disclose the injuries he sustained during a fight with comprehensive statistics including figures fellow inmates. Findings by an independent on the number of death sentences and forensic expert commissioned by the UK executions. By the end of June, AI had Ambassador to Uzbekistan cast doubt, recorded five death sentences and eight however, on the official version of events. executions for the first half of 2004. However, these figures are believed to There was concern that Fatima Mukadirova reflect only a fraction of all cases as it is may not have received a fair trial. very likely that most death row prisoners According to reports relatives of Fatima and their families do not have access to Mukadirova as well as local human rights individuals or organizations that will record, activists and international observers were disseminate information about or take denied access to the trial. Witness action on their case. Several local human statements were said to have been rights groups believed that more than 200 contradictory and the state prosecutor was people are executed in Uzbekistan every reportedly absent during parts of the trial. year. AI was also concerned for the health and well-being of Fatima Mukadirova while in Authorities disregard the (UN) Human pre-trial detention. In 2003 a group of Rights Committee (update to information Muslim women prisoners alleged that they in AI Index: EUR 01/016/2003 and EUR were not allowed to wear their headscarves 01/001/2004) in prison or to perform their prayers. They complained that prisoners sentenced for In the period under review AI received “anti-state” activities were singled out for confirmation that three men had been particularly harsh treatment and were executed despite interventions by the forced to work regardless of their physical Human Rights Committee in November conditions. Prison authorities would 2003 and March 2004 urging the authorities reportedly regularly punish them for to put their executions on hold while the infringements of the prison regime, such as Committee was considering their cases. The praying or lying down on a bunk bed if they Committee had intervened on Otabek did not feel well, which disqualified them Makhmudov’s case on 13 November 2003; from falling under the annual presidential however, he was executed on 21 November amnesties. 2003. Zhasur Madrakhimov and Bakhtiyar Yusupov were both executed on 4 March On 24 February the appeals board of despite an intervention by the Committee Tashkent City Court reduced her sentence on 24 February. These cases bring the to a fine of US$283 and reportedly ordered number of executions carried out despite her to be conditionally released because of interventions by the Human Rights her age and her gender. Her release Committee up to at least 12. followed strong international protests at her conviction just two weeks earlier. In July 2003 Bertrand Ramcharan, then acting UN High Commissioner for Human The death penalty Rights, had publicly urged the authorities of Uzbekistan “not to carry out the execution In a positive move the death sentences of of detainees who have appealed their Evgeny Gugnin, Abror Isayev and Nodirbek convictions to the United Nations Human Karimov were reversed to long prison terms

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Rights Committee”. Later that month the Human Rights Committee reminded the authorities of Uzbekistan that “it amounts to a grave breach of the Optional Protocol to execute an individual whose case is pending before the Committee”.

“Terrorist” sentenced to death

On 16 February Azizbek Karimov was sentenced to death by the Supreme Court of Uzbekistan on charges including “terrorism” and setting up or participating in a religious extremist organization. He was accused of having undergone military training in a “terrorist” training camp in Chechnya in 1998, of membership in the banned Islamic Movement of Uzbekistan, and of fighting on the side of the Taliban against the American-led coalition. The crimes he was accused of having been involved in included a bomb attack on the Dordoye market in Bishkek, the capital of Kyrgyzstan, in December 2002, and an attack on a bank in the Kyrgyz town of Osh in May 2003, as result of which eight people were reported to have died and dozens were injured.

Azizbek Karimov had been detained in the Uzbek town of Andizhan in the Ferghana valley in May 2003, reportedly on the basis of intelligence information submitted by the authorities of Kyrgyzstan. The Supreme Court of Uzbekistan turned down an appeal against his death sentence in March 2004.

Azizbek Karimov’s family was reportedly not permitted to see him for several months after his arrest. It was also alleged that he was tortured and ill-treated while kept in the detention facilities of the Security Service in Tashkent.

On 3 June the Human Rights Committee urged the authorities of Uzbekistan to stay his execution, following allegations that his arrest and sentencing violated key principles of international law.

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