AMNESTY INTERNATIONAL REPORT 2016/17

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

First published in 2017 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is International’s work and Peter Benenson House, licensed under a Creative concerns through 2016. 1, Easton Street, Commons (attribution, non- The absence of an entry in this London WC1X 0DW commercial, no derivatives, report on a particular country or United Kingdom international 4.0) licence. territory does not imply that no https://creativecommons.org/ © Amnesty International 2017 human rights violations of licenses/by-nc-nd/4.0/legalcode concern to Amnesty International Index: POL 10/4800/2017 For more information please visit have taken place there during ISBN: 978-0-86210-496-2 the permissions page on our the year. Nor is the length of a website: www.amnesty.org country entry any basis for a A catalogue record for this book comparison of the extent and is available from the British amnesty.org depth of Amnesty International’s Library. concerns in a country. Original language: English

ii Amnesty International Report 2016/17 AMNESTY INTERNATIONAL REPORT 2016/17 THE STATE OF THE WORLD’S HUMAN RIGHTS iv Amnesty International Report 2016/17 CONTENTS ANNUAL REPORT 2016/17

Abbreviations 7 133 Preface 9 Cyprus 134 Foreword 12 136 Africa Regional Overview 16 Democratic Republic of the Americas Regional Overview 24 Congo 137 Asia-Pacific Regional Overview 32 Denmark 141 Europe and Central Asia Regional Dominican Republic 142 Overview 40 Ecuador 144 Middle East and North Africa Egypt 145 Regional Overview 48 El Salvador 150 Afghanistan 58 Equatorial Guinea 152 Albania 62 Eritrea 153 Algeria 63 Estonia 155 Angola 65 Ethiopia 156 Argentina 68 Fiji 157 Armenia 70 Finland 158 Australia 72 160 73 Gambia 162 Azerbaijan 74 Georgia 164 Bahamas 76 Germany 166 Bahrain 77 Ghana 168 Bangladesh 80 Greece 170 Belarus 82 Guatemala 173 Belgium 84 Guinea 174 Benin 85 Guinea-Bissau 176 Bolivia 86 Haiti 177 Bosnia and Herzegovina 87 Honduras 179 Botswana 89 Hungary 181 Brazil 91 183 Brunei Darussalam 95 187 Bulgaria 96 Iran 191 Burkina Faso 98 Iraq 196 Burundi 100 Ireland 200 104 Israel and the Occupied Cameroon 106 Palestinian Territories 201 Canada 109 Italy 206 Central African Republic 111 Jamaica 208 Chad 114 Japan 209 Chile 116 Jordan 211 118 Kazakhstan 213 Colombia 123 Kenya 216 Congo (Republic of the) 128 Korea (Democratic People’s Côte d’Ivoire 129 Republic of) 219 Croatia 131 Korea (Republic of) 221

Amnesty International Report 2016/17 v Kuwait 223 Singapore 322 Kyrgyzstan 226 Slovakia 323 Laos 227 Slovenia 324 Latvia 228 Somalia 326 Lebanon 229 South Africa 329 231 South Sudan 333 Libya 233 Spain 336 Lithuania 237 Sri Lanka 339 Macedonia 238 Sudan 342 Madagascar 239 Swaziland 345 Malawi 240 Sweden 347 Malaysia 241 Switzerland 348 Maldives 243 Syria 349 Mali 245 Taiwan 354 Malta 246 Tajikistan 355 248 Tanzania 357 Mexico 250 Thailand 358 Moldova 254 Timor-Leste 361 Mongolia 256 Togo 362 Montenegro 257 Tunisia 364 Morocco/ 258 Turkey 367 Mozambique 261 Turkmenistan 371 263 Uganda 373 Namibia 267 Ukraine 375 Nauru 268 United Arab Emirates 379 Nepal 269 United Kingdom 381 Netherlands 271 United States of America 385 New Zealand 272 Uruguay 390 Nicaragua 273 Uzbekistan 391 Niger 275 Venezuela 393 Nigeria 276 Viet Nam 398 Norway 281 Yemen 400 Oman 282 Zambia 403 Pakistan 283 Zimbabwe 405 Palestine (State of) 287 New Guinea 290 Paraguay 291 Peru 293 Philippines 295 Poland 297 Portugal 299 Puerto Rico 300 Qatar 301 Romania 303 Russian Federation 305 Rwanda 309 Saudi Arabia 312 316 Serbia 317 Sierra Leone 320

vi Amnesty International Report 2016/17 ABBREVIATIONS

ASEAN ICCPR Association of Southeast Asian Nations International Covenant on Civil and Political Rights AU African Union ICESCR International Covenant on Economic, Social CEDAW and Cultural Rights UN Convention on the Elimination of All Forms of Discrimination against Women ICRC International Committee of the Red Cross CEDAW Committee UN Committee on the Elimination of ILO Discrimination against Women International Labour Organization

CERD International Convention against Enforced International Convention on the Elimination of Disappearance All Forms of Racial Discrimination International Convention for the Protection of All Persons from Enforced Disappearance CERD Committee UN Committee on the Elimination of Racial LGBTI Discrimination Lesbian, gay, bisexual, transgender and intersex CIA US Central Intelligence Agency NATO North Atlantic Treaty Organization ECOWAS Economic Community of West African States NGO Non-governmental organization EU OAS Organization of American States European Committee for the Prevention of Torture OSCE European Committee for the Prevention of Organization for Security and Co-operation in Torture and Inhuman or Degrading Treatment Europe or Punishment UK European Convention on Human Rights United Kingdom (European) Convention for the Protection of Human Rights and Fundamental Freedoms UN United Nations ICC International Criminal Court UN Convention against Torture Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Amnesty International Report 2016/17 vii UN Refugee Convention Convention relating to the Status of Refugees

UN Special Rapporteur on freedom of expression UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

UN Special Rapporteur on racism Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

UN Special Rapporteur on torture Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

UN Special Rapporteur on violence against women Special rapporteur on violence against women, its causes and consequences

UNHCR, the UN refugee agency Office of the United Nations High Commissioner for Refugees

UNICEF United Nations Children’s Fund

UPR UN Universal Periodic Review

USA United States of America

WHO World Health Organization

viii Amnesty International Report 2016/17 PREFACE

The Amnesty International Report 2016/17 documents the state of the world’s human rights during 2016. The foreword, five regional overviews and a survey of 159 countries and territories bear witness to the suffering endured by many, whether it be through conflict, displacement, discrimination or repression. The Report also shows that, in some areas, progress has been made in the safeguarding and securing of human rights. While every attempt is made to ensure accuracy, information may be subject to change without notice.

Amnesty International Report 2016/17 ix

AMNESTY INTERNATIONAL REPORT 2016/17 PART 1: FOREWORD AND REGIONAL OVERVIEWS three African Union member states FOREWORD announced that they were pulling out of the International Criminal Court, undermining the prospect of accountability for crimes under “2016 saw the idea of human international law. Meanwhile, Sudan’s President Omar al-Bashir roamed the dignity and equality, the very continent freely and with impunity while his notion of a human family, government dropped chemical weapons on its own people in Darfur. coming under vigorous and On the political stage, perhaps the most relentless assault from prominent of many seismic events was the election of Donald Trump as President of the powerful narratives of blame, USA. His election followed a campaign during which he frequently made deeply fear and scapegoating, divisive statements marked by misogyny and propagated by those who xenophobia, and pledged to roll back established civil and introduce sought to take or cling on to policies which would be profoundly inimical power at almost any cost.” to human rights. Donald Trump’s poisonous campaign rhetoric exemplifies a global trend towards SALIL SHETTY, SECRETARY GENERAL angrier and more divisive politics. Across the For millions, 2016 was a year of unrelenting world, leaders and politicians wagered their misery and fear, as governments and armed future power on narratives of fear and groups abused human rights in a multitude disunity, pinning blame on the “other” for the of ways. Large parts of Syria’s most populous real or manufactured grievances of the city, Aleppo, were pounded to dust by air electorate. strikes and street battles, while the cruel His predecessor, President Barack onslaught against civilians in Yemen Obama, leaves a legacy that includes many continued. From the worsening plight of the grievous failures to uphold human rights, not Rohingya people in Myanmar to mass least the expansion of the CIA’s secretive unlawful killings in South Sudan, from the campaign of drone strikes and the vicious crackdowns on dissenting voices in development of a gargantuan mass Turkey and Bahrain to the rise of machine as revealed by across large parts of Europe and the USA, whistleblower Edward Snowden. Yet the early the world in 2016 became a darker and more indications from President-Elect Trump unstable place. suggest a foreign policy that will significantly Meanwhile, the gap between imperative undermine multilateral co-operation and and action, and between rhetoric and reality, usher in a new era of greater instability and was stark and at times staggering. Nowhere mutual suspicion. was this better illustrated than in the failure of Any overarching narrative seeking to states attending September’s UN summit for explain the turbulent events of the past year refugees and migrants to agree any adequate is likely to be found wanting. But the reality is response to the global refugee crisis which that we begin 2017 in a deeply unstable assumed still greater magnitude and urgency world full of trepidation and uncertainty about during the year. While world leaders failed to the future. rise to the challenge, 75,000 refugees Against this background, the surety of the remained trapped in a desert no man’s land values articulated in the 1948 Universal between Syria and Jordan. 2016 was also the Declaration of Human Rights is in danger of African Union’s Year of Human Rights; yet dissolution. The Declaration, penned in the

12 Amnesty International Report 2016/17 wake of one of the bloodiest periods in are often cast by governments as a threat to human history, opens with these words: economic development because of their “Whereas recognition of the inherent efforts to highlight the human and dignity and of the equal and inalienable rights environmental consequences of resource of all members of the human family is the exploitation and infrastructure projects. Berta foundation of freedom, justice and peace in Cáceres’ work to defend local communities the world.” and their land, most recently against a Yet despite the lessons of the past, 2016 proposed dam, had earned her global saw the idea of human dignity and equality, acclaim. The armed men who killed her in the very notion of a human family, coming her home sent a chilling message to other under vigorous and relentless assault from activists, particularly those who do not enjoy powerful narratives of blame, fear and the same level of international attention. scapegoating, propagated by those who The security justification for crackdowns sought to take or cling on to power at almost was widely deployed across the world. In any cost. Ethiopia, in response to largely peaceful The contempt for these ideals was on protests against unjust dispossession of land plentiful display in a year when the deliberate in the Oromia region, security forces killed bombing of hospitals became a routine several hundred protesters and the occurrence in Syria and Yemen; when authorities arbitrarily arrested thousands of refugees were pushed back into conflict people. The Ethiopian government used its zones; when the world’s near-total inaction in Anti-Terrorism Proclamation to carry out a Aleppo called to mind similar failures in sweeping crackdown on human rights Rwanda and Srebrenica in 1994 and 1995; activists, journalists and members of the and when governments across almost all political opposition. regions of the world carried out massive In the wake of a coup attempt in July, crackdowns to silence dissent. Turkey escalated its crackdown on dissenting In the face of this, it has become voices during a state of emergency. More alarmingly easy to paint a dystopian picture than 90,000 public sector employees were of the world and its future. The urgent and dismissed on grounds of alleged “links to a increasingly difficult task ahead is to rekindle terrorist organization or threat to national global commitment to these core values on security”, while some 118 journalists were which humankind depends. held in pre-trial detention and 184 media Among the most troubling developments of outlets were arbitrarily and permanently 2016 were the fruits of a new bargain offered closed down. by governments to their people – one which Across the Middle East and North Africa, promises security and economic betterment repression of dissent was endemic. In Egypt, in exchange for surrendering participatory security forces arbitrarily arrested, forcibly rights and civil freedoms. disappeared and tortured alleged supporters No part of the world was untouched by of the banned Muslim Brotherhood sweeping crackdowns on dissent – some organization, as well as other critics and overt and violent, others subtler and veiled in opponents of the government. Bahraini respectability. The quest to silence critical authorities ruthlessly prosecuted critics on a voices surged in its scale and intensity across range of national security charges. In Iran, large parts of the world. the authorities imprisoned critics, censored The killing of Indigenous leader Berta all media and adopted a new law that made Cáceres in Honduras on 2 March epitomized virtually any criticism of the government and the dangers faced by individuals who bravely its policies liable to criminal prosecution. stand up to powerful state and corporate In North Korea, the government furthered interests. These courageous human rights its already extreme repression by tightening defenders, in the Americas and elsewhere,

Amnesty International Report 2016/17 13 its stranglehold on communications growing inequality and the loss of public technology. services – demanded commitment, resources Often the stern measures were simply an and policy shifts from governments, not easy attempt to mask government failures, such as scapegoats to blame. in Venezuela, where the government sought It was clear that many disillusioned people to silence critics rather than address a around the world did not seek answers in spiralling humanitarian crisis. human rights. However, the inequality and In addition to the direct threats and neglect underlying popular anger and attacks, there was an insidious chipping away frustration arose at least in part from the at established civil and political freedoms in failure of states to fulfil people’s economic, the name of security. For example the UK social and cultural rights. adopted a new law, the Investigatory Powers The story of 2016 was in some ways a Act, which significantly increased the story of people’s courage, resilience, creativity authorities’ powers to intercept, access, and determination in the face of immense retain or otherwise hack digital challenges and threats. communications and data without any Every region of the world saw evidence requirement of reasonable suspicion against that where formal structures of power are an individual. By introducing one of the used to repress, people will find ways of broadest regimes for of any rising up and being heard. In China, despite country in the world, the UK took a significant systematic harassment and intimidation, step towards a reality where the right to activists found subversive ways to privacy is simply not recognized. commemorate online the anniversary of the However, the erosion of human rights 1989 Tiananmen Square crackdown. At the values was perhaps most pernicious when Rio Olympic Games, Ethiopian marathon officials blamed a specific “other” for real or runner Feyisa Lilesa made global headlines perceived social problems in order to justify with a gesture to draw attention to the their repressive actions. Hateful, divisive and government’s persecution of Oromo people dehumanizing rhetoric unleashed the darkest as he crossed the finishing line to win a silver instincts of human . By casting medal. And on Europe’s Mediterranean collective responsibility for social and coasts, volunteers responded to the inertia economic ills onto particular groups, often and failure of governments to protect ethnic or religious minorities, those in power refugees by physically dragging drowning gave free rein to discrimination and hate people out of the water themselves. People’s crimes, particularly in Europe and the USA. popular movements across Africa – some One variant of this was demonstrated by unthinkable only a year earlier – galvanized the escalation, with enormous loss of life, of and channelled popular demands for rights President Rodrigo Duterte’s “war on drugs” in and justice. the Philippines. State-sanctioned violence Ultimately, the charge that human rights is and mass killings by vigilantes claimed more a project of the elite rings hollow. People’s than 6,000 lives following repeated public instincts for freedom and justice do not endorsements by the President for those simply wither away. During a year of division allegedly involved in drug-related crimes to and dehumanization, the actions of some be killed. people to affirm humanity and the When self-styled “anti-establishment” fundamental dignity of every person shone figures blamed so-called elites, international more brightly than ever. This compassionate institutions and the “other” for social or response was embodied by 24-year-old Anas economic grievances, they chose the wrong al-Basha, the so-called “clown of Aleppo”, prescription. The sense of insecurity and who chose to remain in the city to bring disenfranchisement – arising from factors comfort and joy to children even after such as unemployment, job insecurity, government forces unleashed their horrific

14 Amnesty International Report 2016/17 bombardment. After his death in an air strike on 29 November, his brother paid tribute to him for making children happy in “the darkest, most dangerous place”. As we begin 2017, the world feels unstable and fear for the future proliferates. Yet it is in these times that courageous voices are needed, ordinary heroes who will stand up against injustice and repression. Nobody can take on the whole world, but everyone can change their own world. Everyone can take a stand against dehumanization, acting locally to recognize the dignity and the equal and inalienable rights of all, and thus lay the foundations of freedom and justice in the world. 2017 needs human rights heroes.

Amnesty International Report 2016/17 15 continued to bear the brunt of armed AFRICA REGIONAL conflicts, which were marked by persistent and large-scale violations of international law. OVERVIEW Impunity for crimes under international law and serious human rights violations remained Mass protests, movements, and mobilization largely unaddressed. And there was much to – often articulated and organized through be done to address the discrimination and social media – swept the continent in 2016. marginalization of the most vulnerable – Protesters and human rights defenders including women, children and lesbian, gay, repeatedly found inspiring ways to stand up bisexual, transgender and intersex (LGBTI) against repression and campaigns such as people. the #oromoprotests and #amaharaprotests in Ethiopia, #EnforcedDisappearancesKE in CRACKDOWN ON PEACEFUL PROTESTS Kenya, #ThisFlag in Zimbabwe, and The year saw widespread patterns of violent #FeesMustFall in South Africa formed iconic and arbitrary crackdowns on gatherings and images from the year. protests – hallmarked by protest bans, Given the scale and long history of arbitrary arrests, detentions and beatings as repression, some of the protests – as in well as killings – in a long list of countries Ethiopia and Gambia – would have been including Angola, Benin, Burundi, Cameroon, unthinkable only a year previously. Demands Chad, Côte d’Ivoire, Democratic Republic of for change, inclusion and freedom were often the Congo (DRC), Equatorial Guinea, spontaneous, viral and driven by ordinary Ethiopia, Gambia, Guinea, Mali, Nigeria, citizens, in particular young people who bear Sierra Leone, South Africa, Sudan, Togo and the triple burden of unemployment, poverty Zimbabwe. and inequality. Although originally largely Ethiopian security forces, for example, peaceful, some of the campaigns eventually systematically used excessive force to had violent elements, frequently in reaction to disperse largely peaceful protests that began heavy-handed suppression by the authorities in Oromia in November 2015, which and lack of space for people to express their escalated and spread into other parts of the views and organize. country including Amhara region. The This trend of gathering resilience and the protests were brutally suppressed by security withering of the politics of fear offered cause forces, including using live ammunition, for hope. People went out to the streets in which resulted in several hundred being large numbers, ignoring threats and bans on killed and the arbitrary arrest of thousands of protest, refusing to back down in the face of people. Following the declaration of a state of brutal clampdowns, and instead expressing emergency, the government banned all forms opinions and reclaiming their rights through of protest, and blockage of access to internet acts of solidarity, boycotts and extensive, and social media, which started during the creative use of social media. protests, continued. Despite stories of courage and resilience, In Nigeria, military and other security repression of peaceful protests reached new forces embarked on a campaign of violence highs and there appeared to be little or no against peaceful pro-Biafra protesters – progress in addressing the underlying factors resulting in the deaths of at least 100 behind the mass public discontent. protesters during the year. There was Dissent was brutally repressed, as evidence that the military fired live evidenced in widespread patterns of attacks ammunition with little or no warning to on peaceful protests and the right to freedom disperse crowds, and of mass extrajudicial of expression. Human rights defenders, executions – including at least 60 people shot journalists and political opponents continued dead in the space of two days in connection to face persecution and assault. Civilians with protest events to mark Biafra

16 Amnesty International Report 2016/17 Remembrance Day on 30 May. This was South Sudan, Sudan, Tanzania, Togo and similar in pattern to the attacks and excessive Zambia. use of force in December 2015 on gatherings Some had to pay the ultimate price. A in which the military slaughtered hundreds of prominent human rights lawyer, his client men, women and children in Zaria in Kaduna and their taxi driver were subjected to forced state during a confrontation with members of disappearance and extrajudicial killing by the Islamic Movement of Nigeria. police in Kenya. They were among more than In South Africa, student protests resumed 177 cases of individuals extrajudicially in August at universities across the country executed at the hands of security agencies under the banner of #FeesMustFall. The during the year. In Sudan, the murder of 18- protests regularly ended in violence. While year-old Sudanese university student there may have been some violence on the Abubakar Hassan Mohamed Taha and 20- students’ side, Amnesty International year-old Mohamad Al Sadiq Yoyo by documented many reports of police using intelligence agents came against a backdrop excessive force, including firing rubber of intensified repression of student dissent. bullets at short range at students and Two journalists were killed in Somalia by supporters generally. One student leader was unidentified assailants, in a climate in which shot in the back 13 times with rubber bullets journalists and media workers were harassed, on 20 October in Johannesburg. intimidated and attacked. In Zimbabwe, police continued to clamp Many others faced arbitrary arrests and down on protest and strike action in Harare continued to face prosecution and detention using excessive force. Hundreds of people for their work. Despite some positive steps in were arrested for participating in peaceful Angola – including the acquittal of human protests in different parts of the country, rights defenders and release of prisoners of including Pastor Evan Mawarire, leader of the conscience – politically motivated trials, #ThisFlag campaign, who was briefly arrested criminal defamation charges and national in an attempt to suppress growing dissent, security laws continued to be used to and who eventually fled the country when he suppress human rights defenders, dissent feared for his life. and other critical voices. In DRC, youth In many of these protests and more, movements were classified as insurrectional including in Chad, Republic of the Congo groups. Elsewhere, the whereabouts of (Congo), DRC, Ethiopia, Gabon, Gambia, politicians and journalists arbitrarily arrested Lesotho and Uganda, there was an and forcibly disappeared in Eritrea since increasing crackdown on social media and 2001 remained unknown, despite the patterns of arbitrary restriction or shutting government’s announcement that they were down of access to the internet. still alive. In Mauritania, although the Supreme Court ATTACKS ON HUMAN RIGHTS ordered the release of 12 anti-slavery DEFENDERS AND JOURNALISTS activists, three remained in detention and Human rights defenders and journalists were anti-slavery organizations and activists frequently in the front line of human rights continued to face persecution by the violations, with the right to freedom of authorities. expression suffering both steady erosions and Beyond imprisonment, human rights new waves of threats. Attempts to crush defenders and journalists also faced physical dissent and tighten the noose around assaults, intimidation and harassment in freedom of expression manifested themselves many countries including in Chad, Gambia, across the continent, including in Botswana, Kenya, Somalia and South Sudan. Burundi, Cameroon, Chad, Côte d’Ivoire, On 18 April, Zimbabwe’s Independence Gambia, Kenya, Mauritania, Nigeria, Somalia, Day, state security agents brutally assaulted the brother of disappeared journalist and pro-

Amnesty International Report 2016/17 17 democracy activist Itai Dzamara, after he landmark court ruling against repressive laws held up a placard at an event attended by in Swaziland in September was also another President Robert Mugabe in Harare. In victory for human rights. Zimbabwe’s High Uganda, there was a series of attacks on the Court overturned a ban on protests. Although offices of NGOs and human rights defenders. another High Court ruling subsequently made Continuing lack of accountability for these this void, the courageous decision – made crimes sent the message that the authorities after President Mugabe threatened the condoned and tolerated these actions. In one judiciary – represented a victory in defence of attack, intruders beat a security guard to human rights and sent a clear message that death. the right to protest cannot be stripped away Media houses, journalists and social media on a whim. In Gambia, more than 40 users faced increasing challenges in many prisoners of conscience, some of whom had countries. Zambia’s authorities shut down the been detained for as long as eight months, independent newspaper The Post in a ploy to were released on bail pending appeal silence critical media ahead of the election, immediately following the elections. also arresting senior staff and their family members. POLITICAL REPRESSION Burundi’s already-decimated civil society 2016 witnessed several contested elections and independent media came under across Africa, characterized by increased increasing attack: journalists, members of repression. In several countries, including in social media groups and even schoolchildren Burundi, Chad, Congo, Côte d’Ivoire, DRC, were arrested simply for speaking out. In Gabon, Gambia, Somalia and Uganda, Cameroon, Fomusoh Ivo Feh was sentenced opposition leaders and voices came under to 10 years in prison for forwarding a severe attack. sarcastic text message about Boko Haram. In one of the most unexpected In some countries, emerging laws were developments, tens of thousands of cause for concern. A draft law under Gambians took part in peaceful gatherings parliamentary consideration in Mauritania ahead of the Presidential elections, although restricted the right to freedom of peaceful at the end of the year the election results assembly and association. In Congo, a law remained contested. increasing government control over civil The months leading up to the elections society organizations was passed. In Angola, were marred by serious violations of citizens’ the National Assembly approved five draft rights to express themselves freely. Dozens of bills that will impermissibly restrict the right to opposition members were arrested, and two freedom of expression. Elsewhere, existing died in custody after being arrested for laws such as terrorism and state of participating in peaceful protests. Thirty emergency laws were used to criminalize protesters were sentenced to three years in peaceful dissent. The Ethiopian government prison for their involvement in peaceful – increasingly intolerant of opposing voices – protests, with 14 others awaiting trial. All escalated its crackdown on journalists, were released on bail immediately following human rights defenders and other dissenters the elections on 1 December. by using the Anti-Terrorism Proclamation. Despite initially conceding defeat to the On the positive side, there were some opposition leader Adama Barrow, President hopeful signs of judicial activism and courage Yahya Jammeh subsequently challenged the – even in extremely repressive countries – results and remained defiant to domestic and which challenged governments’ use of the international pressure to hand over power. law and judiciary to stifle dissent. In DRC, The Ugandan government undermined the four pro-democracy activists were released, a opposition party’s ability to legally challenge rare positive step in a very difficult year for the results of February’s elections. Security freedom of expression in the country. A forces repeatedly arrested the aggrieved

18 Amnesty International Report 2016/17 presidential candidate Dr Kizza Besigye and Republic (CAR), Chad, DRC, Mali, Niger, some of his party colleagues and supporters, Nigeria, Somalia, South Sudan and Sudan – also besieging his home and raiding the faced serious abuses and violations. Gender- party’s office in Kampala. based and sexual violence was widespread, In DRC, there was a systematic crackdown and children were recruited as child soldiers. on opponents of President Joseph Kabila’s In west, central and eastern Africa, armed attempt to stay in power beyond the groups such as al-Shabaab and Boko Haram constitutionally mandated second term – continued to perpetrate relentless violence which ended in December – and those and abuses, with hundreds of civilians killed criticizing election delays. Security agents and abducted and millions forced to live in arrested and harassed those taking an fear and insecurity, both within and outside explicit stand on the constitutional debate or their countries. In Cameroon, over 170,000 denouncing human rights violations, people – mostly women and children – were accusing them of betraying their country. internally displaced across the Far North In Somalia, an acute humanitarian crisis region as a result of Boko Haram’s abuses. In was compounded by a political crisis over Niger, over 300,000 people needed electoral colleges for parliamentary and humanitarian aid during the state of presidential elections, with the armed group emergency in the Diffa region, where most al-Shabaab rejecting all forms of elections attacks were carried out by Boko Haram. and calling on its followers to attack polling Many governments responded to these venues to kill elders, government threats with disregard for international officials and MPs taking part in elections. humanitarian and human rights law, Authorities in Congo continued to detain including through arbitrary arrests, Paulin Makaya, President of “Unis pour le incommunicado detention, torture, enforced Congo” (UPC), simply for peacefully disappearances and extrajudicial killings. exercising his right to freedom of expression. In Nigeria, 29 children under the age of After the opposition rejected the results of the six – including babies – were among more March presidential election, the authorities than 240 people who died in horrendous arrested leading opposition figures and conditions during the year in the notorious suppressed peaceful protest. Giwa barracks detention centre in Maiduguri. The authorities in Côte d’Ivoire targeted Thousands rounded up during mass arrests opposition members and unfairly restricted in the northeast, often with no evidence their rights to freedom of expression and against them, continued to be detained in peaceful assembly, before a referendum on overcrowded and unsanitary conditions, constitutional changes in October. This without trial or access to the outside world. included the arbitrary arrest and detention of Similarly in Cameroon, more than 1,000 dozens of opposition members at a peaceful people – many arrested arbitrarily – were protest. Some of them were dropped in held in horrific conditions and dozens died several places in the economic capital, from torture, or disease and malnutrition. In Abidjan, others around 100km away from cases where detainees suspected of their homes and forced to walk back in a supporting Boko Haram were brought to trial, practice known as “mobile detention”. In they faced unfair trials in military courts in October, during a peaceful protest against which the death penalty was by far the most the referendum, police fired tear gas, likely outcome. clubbed the leaders and arrested at least 50 Elsewhere, the security and humanitarian people. situation in Sudan’s Darfur, Blue Nile and South Kordofan states remained dire. ARMED CONFLICT Evidence of the use of chemical weapons by Civilians in Africa’s armed conflicts – government forces in the Jabel Marra region including in Cameroon, Central African of Darfur demonstrated that the regime will

Amnesty International Report 2016/17 19 continue attacking its civilian population international law and other serious human without fear of accountability for its violations rights violations and abuses committed in the of international law. context of conflict and crisis remained mostly Despite the signing of the peace deal in slow, inconsistent and reactive rather than South Sudan between government and rival forming part of a comprehensive and forces, fighting continued in different parts of consistent strategy. the country throughout the year, and escalated in the southern Equatoria region PEOPLE ON THE MOVE after heavy fighting broke out in the capital, Africa’s conflicts – including in Cameroon, Juba, in July. During the fighting, armed CAR, Chad, Mali, Niger, Nigeria, Somalia, forces, particularly government soldiers, South Sudan and Sudan – remained major committed human rights violations including drivers of the global refugee crisis, and the targeted killings and attacks including against internal displacement of people within humanitarian personnel. The UN mission in borders. Millions of women, children and South Sudan (UNMISS) was criticized for its men were still unable to return home, or were failure to protect civilians during the fighting. forced by new threats to flee into unknown A UN Security Council resolution to establish dangers and uncertain futures. a regional protection force was not People from sub-Saharan Africa formed implemented. The UN Special Advisor on the the majority of the hundreds of thousands of prevention of Genocide and the UN refugees and migrants travelling to Libya Commission on Human Rights in South fleeing war, persecution or extreme poverty, Sudan raised the alarm that the stage was often in the hope of transiting through the being set for a genocide. country to settle in Europe. Amnesty In CAR, despite peaceful elections in International’s research revealed horrifying December 2015 and February 2016, the abuses including sexual violence, killings, security situation deteriorated later in the torture, and along the year, threatening to plunge the country into smuggling routes to and through Libya. more deadly violence. Armed groups In northern Nigeria, at least two million launched numerous attacks: on 12 October, people remained internally displaced – living ex-Séléka fighters from at least two different in host communities and some in factions killed at least 37 civilians, injured 60, overcrowded camps with inadequate food, and set fire to a camp for internally displaced water and sanitation. Tens of thousands of persons (IDPs), in the city of Kaga Bandoro. IDPs were held in camps under armed guard Yet despite such bloodshed and suffering, by the military and Civilian Joint Task Force, the world’s attention arguably shifted even which were accused of sexually exploiting further away from Africa’s conflicts. Certainly, women. the international community’s response to Thousands of people have died in these conflict in the continent was woefully camps due to severe malnutrition. inadequate, as evidenced by the UN Security Hundreds of thousands of refugees from Council’s failure on sanctions on South CAR, Libya, Nigeria and Sudan continued to Sudan, and the insufficient capacity of live in poor conditions in refugee camps in peacekeeping operations to protect civilians Chad. According to the UN, more than in CAR, South Sudan and Sudan. There were 300,000 people fled Burundi, most of them hardly any measures, including from the UN to refugee camps in neighbouring Rwanda Security Council and the African Union (AU) and Tanzania. More than 1.1 million Somalis Peace and Security Council, to put pressure remained internally displaced, with another on the government of Sudan to allow 1.1 million Somali refugees remaining in humanitarian access and to investigate neighbouring countries and elsewhere. allegations of grave violations and abuses. In the three years since the start of the The AU’s response to crimes under conflict in South Sudan, the number of

20 Amnesty International Report 2016/17 refugees in neighbouring countries reached 1 The International Criminal Court (ICC) million, while a total of 1.7 million people declared the charges against Kenya’s Deputy continued to be displaced within the country, President William Ruto and radio presenter and 4.8 million people were food insecure. Joshua Arap Sang dismissed, and thus all Kenya’s government announced its cases before the ICC in relation to Kenya’s intention to close Dadaab refugee camp, post-election violence in home to 280,000 refugees. Some 260,000 of 2007-2008 collapsed. This decision was these people were from Somalia or of Somali seen as a major setback by thousands of descent, who – as a result of other changes victims who had yet to see justice. to Kenya’s refugee policy – were at risk of In a betrayal of millions of victims of being forcibly returned, in violation of international crimes across the world, three international law. states in Africa – Burundi, Gambia and South Africa – signalled their intention to withdraw IMPUNITY AND FAILURES TO from the Rome Statute. ENSURE JUSTICE The AU also continued to call on states to Impunity remained a common denominator disregard their international obligations to in all of Africa’s major conflicts, with those arrest Sudanese President Omar Al-Bashir suspected of crimes under international law despite his being wanted by the ICC on and gross human rights violations rarely held charges of genocide. In May, Uganda failed to account. to arrest visiting President Al-Bashir and Despite having a clear mandate, the AU hand him over to the ICC, failing hundreds of had yet to take concrete steps towards setting thousands of people killed or displaced in the up a hybrid court for South Sudan, as Darfur conflict. required by the country’s peace accord. Such There were, however, some heartening a court would represent the most viable and historic moments for international justice option for ensuring accountability for crimes and accountability. such as war crimes and crimes against Many African member states of the ICC humanity committed during the conflict, and affirmed their support for and intention to for deterring further abuses. remain within the Rome Statute’s system Some progress was made towards setting during the 15th Session of the Assembly of up the Special Criminal Court in CAR, but the State parties in November. This commitment vast majority of suspected perpetrators of was previously reflected at July’s AU Summit serious crimes and gross violations of human in Kigali where many countries – including rights remained at large, free of any arrest or Botswana, Côte d’Ivoire, Nigeria, Senegal and investigations. In addition to the serious Tunisia – opposed a call for a mass weakness of the UN’s CAR peacekeeping withdrawal from the Rome Statute. In mission, impunity remained one of the key December, Gambia’s President-elect drivers of the conflict and civilians faced announced his intention to rescind the deadly violence and instability. government’s decision to withdraw from the In Nigeria there was compelling evidence Rome Statute. of widespread and systematic violations of Positive developments included the international humanitarian and human rights conviction of Chad’s former President law by the military, leading to more than Hissène Habré in May for crimes against 7,000 mainly young Nigerian men and boys humanity, war crimes and torture committed dying in military detention and more than between 1982 and 1990. The Extraordinary 1,200 people killed in extrajudicial African Chambers in sentenced him to executions. However, the government did not life imprisonment, and set a new benchmark take any steps towards investigating such for efforts to end impunity in Africa. The case allegations. No one was brought to justice was the continent’s first universal jurisdiction and the violations continued. case and Habré the first former African

Amnesty International Report 2016/17 21 leader to be prosecuted before a court in been adopted by Parliament twice and another country for crimes under despite Sierra Leone’s high maternal mortality international law. rate. The country rejected UN In March, the ICC convicted Jean-Pierre recommendations to prohibit female genital Bemba, former Vice-President of DRC, for mutilation by law. war crimes and crimes against humanity Early and forced marriage in Burkina Faso committed in CAR. The ICC’s sentence of 19 had robbed thousands of girls as young as 13 years followed its first conviction for rape as a of their childhood, while the cost of war crime and its first conviction based on contraception, along with other barriers command responsibility. The guilty verdict prevented them from choosing if and when to was a key moment in the battle for justice for have children. But following an intense civil victims of sexual violence in CAR and around society campaign, the government the world. announced that it would revise the law to The ICC also began the trial of Côte increase the legal marriage age to 18. d’Ivoire’s former President Laurent Gbagbo LGBTI people, or those perceived to be so, and his Youth , Charles Blé Goudé, continued to face abuse or discrimination in on charges of crimes against humanity. The countries including Botswana, Cameroon, ICC also convicted Ahmad Al-Faqi Al-Mahdi – Kenya, Nigeria, Senegal, Tanzania, Togo and an alleged senior member of the Ansar Uganda. In Kenya, two men petitioned the Eddine armed group – for attacks on High Court in Mombasa to declare the anal mosques and mausoleums in Timbuktu, Mali, examination, HIV and hepatitis B tests they in 2012, a crime under international law. were forced to undergo in 2015 were Elsewhere, South Africa’s Supreme Court unconstitutional. However, the court upheld rebuked the government for its failure to the legality of anal examinations on men abide by its domestic and international suspected of engaging in sexual activity with obligations when it failed to arrest Al-Bashir other men. Forced anal examinations violate during a visit to the country in 2015. This the right to privacy and the prohibition of affirmed the international norm of rejection of torture and other ill-treatment under immunity of perpetrators for international international law. crimes, irrespective of official capacity. In Malawi, an unprecedented wave of violent attacks against people with albinism DISCRIMINATION AND exposed a systemic failure of policing. MARGINALIZATION Individuals and criminal gangs perpetrated Women and girls were frequently subjected abductions, killings and grave robberies as to discrimination, marginalization and abuse they sought body parts that they believed often because of cultural traditions and contain magical powers. Women and norms, and discrimination institutionalized by children were particularly vulnerable to unjust laws. Women and girls were also killings, sometimes targeted by their own subjected to sexual violence and rape in relatives. conflicts and countries hosting large numbers In Sudan, was of displaced people and refugees. undermined by a legal system under which High levels of gender-based violence conversion from Islam to another religion was against women and girls were reported in punishable by death. many countries such as Madagascar, Lack of accountability for corporations was Namibia and Sierra Leone. also another factor for gross violation of the In Sierra Leone, the government continued rights of children. Artisanal miners – to ban pregnant girls from going to including thousands of children – mine mainstream schools and taking exams. The cobalt in hazardous conditions in the DRC. President also refused to sign a bill legalizing This cobalt is used to power devices abortion in certain situations despite it having including mobile phones and laptop

22 Amnesty International Report 2016/17 computers, and major electronics brands – violations being committed in countries like including Apple, Samsung and Sony – are South Sudan and elsewhere. failing to carry out basic checks to ensure The AU has embarked on designing a 10 that cobalt mined by child labourers is not Year Action and Implementation Plan on used in their products. Human Rights in Africa, providing yet another opportunity to address its key LOOKING AHEAD challenges. The starting point should be The AU called 2016 its Year of Human recognition that Africans are rising and Rights, but many member states failed to claiming their rights, despite repression and convert rhetoric on human rights into action. exclusion. If there was anything to be celebrated about the year, it was the story of people’s resilience and courage as they articulated a clear message that repression and the politics of fear can no longer silence them. Almost certainly, escalating crises in countries such as Burundi, Ethiopia, Gambia and Zimbabwe could have been averted or minimized had there been the political will and courage to open up space for people to freely express their views. Despite progress in some areas, the AU’s responses to violations of human rights – as the structural causes of conflicts, or emerging out of conflicts – remained largely slow, inconsistent and reactive. Indeed, even when it showed concern, the AU generally lacked the determination and political will to confront such violations head-on. There also appeared to be co-ordination gaps between the peace and security organs and mechanisms – such as the AU’s Peace and Security Council and its Continental Early Warning System – and the regional human rights institutions, which limited a comprehensive response to human rights violations leading to or emerging out of conflicts. The AU has less than four years to realize its aspiration to “silence all guns” on the continent by 2020. It is time to translate this commitment into action, by ensuring an effective response to the underlying structural causes of conflicts, including persistent human rights violations. More effective measures are also needed to tackle the cycle of impunity – including moving away from politically motivated attacks on the ICC and working towards ensuring justice and accountability for serious crimes and gross human rights

Amnesty International Report 2016/17 23 treatment, in particular, remained prevalent, AMERICAS despite the existence of anti-torture laws in countries including Brazil, Mexico and REGIONAL Venezuela. Failures of justice systems – together with OVERVIEW states’ failure to implement public security policies that protect human rights – Despite public discourse about democracy contributed to high levels of violence. and economic progress as well as hopes of Countries such as Brazil, El Salvador, an end at last to its remaining armed conflict Honduras, Jamaica, Mexico and Venezuela in Colombia, the Americas remained one of had the highest homicide rates on the planet. the world’s most violent and unequal regions. Endemic violence and insecurity were Across the region, the year was marked by often linked to, and compounded by, the a trend of anti-rights, racial and proliferation of illicit small arms and the discriminatory rhetoric in political campaigns growth of organized crime, which in some and by state officials, which was accepted cases had taken control of whole territories, and normalized by mainstream media. In the sometimes with the complicity or USA, Donald Trump was elected President in acquiescence of the police and military. November – following an election campaign Central America’s “Northern Triangle” of El in which he provoked consternation through Salvador, Guatemala and Honduras was one discriminatory, misogynist and xenophobic of the world’s most violent places, with more rhetoric, and caused serious concerns about people killed there than in most conflict future US commitments to human rights zones globally. El Salvador’s homicide rate of domestically and globally. 108 per 100,000 inhabitants was one of the The region’s human rights crisis was highest in the world. For many, daily life was accelerated by a trend of increased obstacles overshadowed by criminal gangs. and restrictions to justice and fundamental Widespread gender-based violence freedoms. Waves of repression became more remained one of the most appalling of states’ visible and violent, with states frequently failures in the Americas. In October, the misusing their justice and security apparatus Economic Commission for Latin America and to ruthlessly respond to and crush dissent, the Caribbean revealed that 12 women and and increasing public discontent. girls were murdered every day in the region Discrimination, insecurity, poverty and because of their gender (a crime classified as environmental damage were rampant “feminicide”), with most of those crimes throughout the region. Failure to uphold going unpunished. According to the US State international human rights standards was Department, one in five women in the USA also laid bare by a wide gulf of inequality – in was sexually assaulted during her college wealth, social wellbeing and access to justice years, although just one in 10 incidents was – which was underpinned by corruption and reported to the authorities. lack of accountability. Lesbian, gay, bisexual, transgender and Widespread and entrenched obstacles to intersex (LBGTI) individuals across the region accessing justice and a weakening rule of law faced higher rates of violence and were common to many countries in the discrimination, and more obstacles in getting region. Impunity for human rights abuses access to justice. The shooting rampage at a was high, and in some cases a lack of nightclub in Orlando, Florida, demonstrated independent and impartial judicial systems that LBGTI people were the most likely target further protected political and economic of hate crimes in the USA. Brazil, meanwhile, interests. remained the most deadly country in the This backdrop enabled the perpetuation of world for transgender people. human rights violations. Torture and other ill-

24 Amnesty International Report 2016/17 In February, the World Health Organization Denial was also a hallmark of a (WHO) declared Zika a public health deteriorating human rights situation in emergency after detecting an “explosive” Venezuela, with the government putting at spread of the virus in the region. Fears that risk the lives and human rights of millions by mother-to-child transmission of the virus may refuting the existence of a major be linked to microcephaly in newborns – as humanitarian and economic crisis, and well as the possible sexual transmission of refusing to request international aid. Despite the virus – highlighted barriers for the severe food and medicine shortages, rapidly effective realization of sexual and rising crime rates and continuous human reproductive health and rights in the region. rights violations – including high levels of State failures power vacuums that were police violence – the government silenced its occupied by increasingly influential critics instead of responding to people’s transnational corporations, especially in the desperate calls for help. extractive and other industries related to the Notable events during 2016 included US appropriation of territory and natural President Barack Obama’s historic state visit resources – mostly in land claimed by and to Cuba, which put the two countries’ human belonging to Indigenous Peoples, other rights challenges – including the ill-treatment ethnic minorities and peasant farmers, of migrants in the USA, the impact of the US without due respect of their right to free, prior embargo on Cuba’s human rights situation, and informed consent. Often, these groups and the lack of freedom of expression and suffered harm to their health, environment, the repression of activists in Cuba – in the livelihoods and culture, and were forcibly international spotlight. displaced, leading to the disappearance of The ratification by the Colombian Congress their communities. of the peace agreement with the Political repression, discrimination, Revolutionary Armed Forces of Colombia violence and poverty drove another (FARC) after more than four years of deepening but largely forgotten humanitarian negotiations finally ended the country’s 50- crisis. Hundreds of thousands of refugees – year-long armed conflict with the FARC that largely from Central America – were forced to devastated millions of lives. A peace process flee from their homes to seek protection, with Colombia’s second largest guerrilla frequently placing themselves at risk of group – the National Liberation Army (ELN) – further human rights abuses and risking their was announced but had yet to start by the lives. end of the year, largely due to the group’s Many governments displayed a deepening failure to release one of its high-profile intolerance to criticism, as they stifled dissent hostages. and muzzled . In Haiti, a deadly hurricane caused a In Mexico, the authorities’ unwillingness to major humanitarian crisis, compounding accept criticism was so severe that it existing damage from natural disasters. retreated into a state of denial about the Deeply entrenched and structural problems country’s human rights crisis. Despite the fact such as a lack of funding and political will that almost 30,000 people were reported had already left Haiti unable to provide missing, that thousands had lost their lives adequate housing for 60,000 people living in due to security operations to combat drug displacement camps in appalling conditions trafficking and organized crime, and that following the 2010 earthquake. Presidential thousands were forcibly displaced from their and legislative elections were postponed homes as a result of widespread violence, the twice over allegations of fraud amid protests, authorities ignored criticism from Mexican against which the police reportedly used civil society and international organizations, excessive force. In November, Jovenel Moïse including the UN. was elected President.

Amnesty International Report 2016/17 25 of the criminal justice system – of human HUMAN RIGHTS DEFENDERS AT RISK rights defenders opposing projects to exploit In many countries in the Americas region, natural resources and their identification as defending human rights remained extremely “the enemy within” was common. In dangerous. Journalists, lawyers, judges, Colombia, human rights defenders, especially political opponents and witnesses were community leaders and environmental particularly targeted with threats, attacks, activists, continued to be threatened and torture and enforced disappearances; some killed in alarming numbers. were even killed by state and non-state actors In Argentina, social leader Milagro Sala as a way to silence them. Human rights was arrested and charged with protesting activists also faced smear campaigns and peacefully in Jujuy. Despite her release being vilification. Yet there was little progress in ordered, further criminal proceedings were investigating these attacks or bringing initiated against her to keep her in detention. perpetrators to justice. In October, the UN Working Group on Human rights defenders and social Arbitrary Detention concluded that her movements opposing large-scale detention was arbitrary and recommended development projects and transnational her immediate release. corporations were at particular risk of In northern Peru, Máxima Acuña – a reprisals. Women human rights defenders as peasant farmer caught in a legal battle with well as those from communities historically Yanacocha, one of the biggest gold and excluded were also targeted with violence. copper mines in the region, over ownership Human rights defenders faced increased of the land where she lived – won the 2016 attacks, threats and killings in Brazil. In Goldman Prize, a highly respected Nicaragua, the government turned a blind environmental award. Despite a campaign of eye to human rights violations and harassment and intimidation in which persecuted activists. The plight of prisoners security personnel were alleged to have of conscience in Venezuela – and the physically attacked her and her family, she government’s willingness to suppress dissent stood firm and refused to end her struggle to – was highlighted when severely ill opposition protect local lakes and remain on her land. leader Rosmit Mantilla was denied surgery In Ecuador, the rights to freedom of and placed in a punishment cell instead; expression and association were severely after intense national and international curtailed by restrictive legislation and pressure, he received the urgent medical silencing tactics. The criminalization of care he needed, and was later released in dissent continued, particularly against those November. who opposed extractive projects on Honduras and Guatemala were the most Indigenous Peoples’ land. dangerous countries in the world for those Despite claims of political openness in defending land, territory and the Cuba and the re-establishment of relations environment, with a wave of threats, with the USA the previous year, civil society trumped-up charges, smear campaigns, and opposition groups reported increased attacks and killings targeting environmental harassment of government critics. Human and land activists. In March, the murder of rights defenders and political activists were prominent Honduran Indigenous leader Berta publicly described as “subversive” and “anti- Cáceres – who was shot in her home by Cuban mercenaries”. Some were subjected armed men – highlighted the generalization to short-term arbitrary detention before being of violence against those working to protect released without charge, often several times a land, territory and the environment in the month. country. In Guatemala the criminalization – through baseless criminal procedures and the misuse

26 Amnesty International Report 2016/17 impossible for that many bodies to have been THREATS TO THE INTER-AMERICAN burned in the conditions claimed. In HUMAN RIGHTS SYSTEM November, the IACHR launched a special Despite the extent of the region’s human mechanism to follow up on the experts’ rights challenges, the Inter-American recommendations, but appropriate support Commission on Human Rights (IACHR) – from the authorities was difficult to critical to defend and promote human rights guarantee. as well as ensure access to justice for victims who were unable to do so in their own REFUGEES, MIGRANTS AND STATELESS countries – was affected by a financial crisis PEOPLE for most of the year. This was caused by an Central America was the source of a rapidly insufficient allocation of resources by worsening refugee crisis. Relentless violence member states of the Organization of in this often forgotten part of the world American States (OAS) – a striking continued to cause a surge in asylum demonstration of states’ lack of political will to applications from Central American citizens promote and protect human rights both in Mexico, the USA and other countries, within and beyond their territories. reaching levels not seen since most of the In May, the IACHR said it faced the worst region’s armed conflicts ended decades ago. financial crisis in its history. There was a real Hundreds of thousands of people travelled danger that progress made by the IACHR in through Mexico either to seek asylum there, confronting gross human rights violations and or to continue to the USA. Many were structural discrimination would be weakened detained in harsh conditions, killed, – precisely when the IACHR needed to play a abducted or faced extortion by criminal more vigorous role in ensuring states uphold gangs who often operated in collusion with their obligations under international human the authorities. Large numbers of rights law. unaccompanied children and adolescents With an annual budget of US$8 million, were particularly affected by human rights the inter-American human rights system abuses; women and girls were at serious risk remained the world’s poorest human rights of sexual violence and human trafficking. system, with fewer resources than its Despite overwhelming evidence that many corresponding entities in Africa (US$13 asylum-seekers were at risk of extreme million) and Europe (about US$104.5 violence should they not be granted asylum, million). deportations from Mexico and the USA Although additional funding was eventually remained steady. Many people were forcibly received to complement the IACHR income, returned back to the life-threatening there were concerns that the political crisis situations they were fleeing in the first place; would continue unless states allocated some were allegedly killed by gangs after adequate funding to the institution and co- being deported. operated with it, regardless of how critical it Honduras, Guatemala and El Salvador was of countries’ human rights record. fuelled this deepening crisis by failing to There were more specific failures to protect people from violence and to set up a support the IACHR too. Mexico’s government comprehensive protection plan for people sought to obstruct its work on the Ayotzinapa who were deported from countries such as case – in which 43 students were forcibly Mexico and the USA. disappeared after being arrested by police in Yet, rather than taking responsibility for 2014. Despite the authorities’ claim that the their role in the crisis, the governments students were kidnapped by a criminal gang, concerned focused only on the human rights and their remains burned and thrown in a abuses that people suffered while travelling dumpster, a group of IACHR-appointed through Mexico to the USA. They also falsely experts concluded that it was scientifically argued that most people were fleeing out of

Amnesty International Report 2016/17 27 economic need rather than soaring violence Overall, however, states mostly failed to and homicides, not to mention the daily respond to the situation in a way that threats, extortion and intimidation that most complied with international standards, with of the population faced under struggles for significant human rights violations resulting territorial control from gangs. from a tendency to militarize public security. In the USA, tens of thousands of Some states responded to social unrest – unaccompanied children, as well as people and particularly peaceful protests – with an travelling with their families, were increased use of the army to undertake apprehended when attempting to cross the public security operations, and adopted southern border during the year. Families military techniques, training and equipment were detained for months, many without for use by the police and other law proper access to medical care and legal enforcement agencies. Although tackling counsel. organized crime was frequently used as Throughout the year, the IACHR expressed justification for militarized responses, in concern about the situation of Cuban and reality they enabled states to further violate Haitian migrants attempting to reach the human rights rather than address the root USA. causes of violence. In countries such as Elsewhere, migrants and their families Venezuela, for example, military action in faced pervasive discrimination, exclusion and response to protests was often followed by ill-treatment. In the Bahamas, there was torture and other ill-treatment of protesters. widespread ill-treatment of undocumented Protests across the USA – which followed migrants from countries including Haiti and the deadly shooting by police in July of Cuba. The Dominican Republic deported Philando Castile in Minnesota and Alton thousands of people of Haitian descent – Sterling in Louisiana – saw police use heavy- including Dominican-born people who were duty riot gear and military-grade weapons in effectively rendered stateless – while often response, raising concerns about failing to respect international law and demonstrators’ right to peaceful assembly. standards on deportations. Upon arrival to There were also concerns about the degree Haiti, many people who had been deported of force police used against largely peaceful settled in makeshift camps, where they lived protests opposing the proposed Dakota in appalling conditions. Access Pipeline near the Standing Rock Despite a commitment from newly elected Sioux Reservation in North Dakota. authorities in the Dominican Republic to Meanwhile, the US authorities again failed to address the situation of stateless individuals, track the exact number of people killed by tens of thousands of people remained law enforcement officials; media reports put stateless following a 2013 Constitutional the numbers at almost 1,000 in 2016, and at Court ruling which retroactively and arbitrarily least 21 people died after police used deprived them of their nationality. In electric-shock weapons on them. February, the IACHR described a “situation The Olympic Games hosted by Brazil in of statelessness… of a magnitude never August were marred by human rights before seen in the Americas”. violations by security forces, with the More than 30,000 Syrian refugees were authorities and the event’s organizers failing resettled in Canada, with a further 12,000 to implement effective measures to prevent resettled in the USA. abuses. Police killings in Rio de Janeiro increased as the city prepared to host the PUBLIC SECURITY AND HUMAN RIGHTS Games. Violent police operations took place Non-state actors – including corporations and throughout the event with severe repression criminal networks – wielded growing of protests, including through unnecessary influence and were responsible for increasing and excessive use of force. Throughout the levels of violence and human rights abuses. year, the country’s counter-narcotic

28 Amnesty International Report 2016/17 operations and heavily armed approach to had yet to outline how it would implement the security operations fuelled human rights reforms. violations and placed police officers at risk. In Chile, the crimes of members of the Police and other security forces also used security forces who beat, ill-treated and excessive and unnecessary force in countries sometimes even killed peaceful including the Bahamas, Chile, the Dominican demonstrators and others went largely Republic, Ecuador, El Salvador, Jamaica, unpunished. Military courts – which dealt Mexico, Peru and Venezuela. with cases of human rights violations Unlawful killings in Jamaica were part of a committed by members of the security pattern of police operations that had forces – regularly failed to adequately remained largely unchanged for two decades, investigate and prosecute officers suspected while many killings by security forces in the of having committed a crime, with trials Dominican Republic were reported to have usually failing to meet the most basic levels of been unlawful. In both countries, security independence and impartiality. forces were exempt of reforms and were In July, a court in Paraguay sentenced a rarely held accountable. group of peasant farmers to up to 30 years’ imprisonment for the murder of six police ACCESS TO JUSTICE AND THE FIGHT officers and other related crimes, in the TO END IMPUNITY context of a 2012 land dispute in the Rampant impunity allowed human rights Curuguaty . No investigation was abusers to operate without fear of the opened into the deaths of 11 peasant farmers consequences, weakened the rule of law, and in the same incident, however. The General denied truth and redress to millions. Prosecutor failed to provide a credible Impunity was sustained by justice and explanation for the lack of investigation into security systems that remained under- these deaths, or to respond to allegations that resourced, weak and often corrupt, the crime scene had been tampered with and compounded by a lack of political will to that peasant farmers had been tortured while ensure their impartiality and independence. in police custody. The resulting failure to bring the By the end of the year – and two years perpetrators of human rights violations to after a US Senate report on the issue – no justice allowed organized crime and abusive one had been brought to justice in the USA law enforcement practices to take root and for human rights violations committed in the prosper. secret CIA detention and interrogation Denial of meaningful access to justice also programme after the attacks of 11 September left huge numbers of people – including in 2001. Brazil, Colombia, Guatemala, Mexico, The prosecution in Mexico of five Honduras, Jamaica, Paraguay, Peru and marines – who were accused of the enforced Venezuela – unable to claim their rights. disappearance of a man who was found dead In Jamaica, impunity prevailed for the weeks after his arrest in 2013 – was a decades-long pattern of alleged unlawful positive step that offered hope of a new killings and extrajudicial executions by law approach to tackling the country’s wave of enforcement officials. While more than 3,000 disappearances. Across the country, the fate people have been killed by law enforcement and whereabouts of tens of thousands of officials since 2000, only a handful of officials people remained unknown. have been held accountable to date. In June, In countries including Argentina, Bolivia, the Commission of Enquiry into alleged Chile and Peru, ongoing impunity and lack of human rights violations during the 2010 state political will to investigate human rights of emergency made recommendations for violations and crimes under international police reform; by the end of the year Jamaica law – including thousands of extrajudicial executions and enforced disappearances –

Amnesty International Report 2016/17 29 that were perpetrated in the context of had an abortion, sometimes after suffering military dictatorships in previous decades miscarriages. continued to deny victims and their families Women living in poverty across Nicaragua truth, justice and reparation. continued to be the main victims of maternal However, in Argentina former de facto mortality, and the country had one of the President Reynaldo Bignone was sentenced highest teenage pregnancy rates in the to 20 years in prison for his role in hundreds region. Women there were also subjected to of enforced disappearances during a region- some of the world’s harshest abortion laws; wide intelligence operation; 14 other military abortion remained banned in all officers were also sentenced to prison terms. circumstances, even when vital to save a The rulings were a positive step for justice woman’s life. In the Dominican Republic, a that, it was hoped, might open the door to reform to the Criminal Code that would further investigations. decriminalize abortion in certain cases was Although progress to address impunity in again delayed. Legislative reform proposed to Guatemala was slow, in a landmark decision decriminalize abortion in Chile continued to two former military officials were found guilty be discussed. of crimes against humanity for the sexual and There were, however, small signs of hope. domestic slavery and sexual violence they In El Salvador, a court decision to release inflicted on Indigenous Maya Q’eqchi’ María Teresa Rivera – who had served four women. years of a 40-year prison sentence after In July, El Salvador’s Supreme Court miscarrying her pregnancy – was a step declared the Amnesty Law unconstitutional. towards justice in a country where women This marked an important step for were treated appallingly. In another human justice for crimes under international law and rights victory, a woman sentenced to eight other human rights violations committed years in prison in Argentina after having a during the 1980-1992 armed conflict. miscarriage was released from detention after In Haiti, no progress was made in the a Supreme Court ruling that there were investigation into alleged crimes against insufficient reasons to keep her detained. humanity committed by former President Jean-Claude Duvalier and his former INDIGENOUS PEOPLES’ RIGHTS collaborators. In June, the American Declaration on the Rights of Indigenous Peoples was adopted by RIGHTS OF WOMEN AND GIRLS the OAS, after 17 years of negotiations. States made little headway in tackling In spite of this, Indigenous Peoples across violence against women and girls. This the Americas continued to be victims of included failing to protect them from rape violence as well as killings and excessive use and killings as well as failing to hold of force by the police, with their rights over perpetrators accountable. Reports of gender- their land, territory, natural resources and based violence came from Brazil, Canada, culture often abused. The daily reality for the Dominican Republic, El Salvador, thousands was a life overshadowed by Jamaica, Nicaragua, the USA and Venezuela, exclusion, poverty, inequality and systemic among other countries. discrimination – including in Argentina, Numerous violations of sexual and Brazil, Chile, Colombia, Ecuador, Mexico, reproductive rights had a significant impact Peru and Paraguay. on the health of women and girls. The State and non-state actors – including Americas had the highest number of landowners and businesses – were countries with a total ban on abortion. In responsible for forcibly displacing Indigenous some countries, women were thrown in Peoples from their own land, in the pursuit of prison simply for being suspected of having their own economic profit.

30 Amnesty International Report 2016/17 Development projects – including by the extractive industry – threatened Indigenous Peoples’ culture, sometimes leading to the forced displacement of entire communities. Yet Indigenous Peoples were frequently denied meaningful consultation and free, prior and informed consent. Indigenous and peasant women across the Americas demanded greater attention to the impact on women of natural resource extraction projects and enhanced participation in decision- making processes about development projects impacting their land and territories. In May, leaders of the Indigenous and Afro-descendant Rama-Kriol communities said that an agreement for the construction of the Grand Interoceanic Canal had been signed without an effective consultation process. There was a surge in violence in Nicaragua’s North Atlantic Autonomous Region, where Indigenous Miskitu Peoples were threatened, attacked, subjected to sexual violence, killed and forcibly displaced by non-Indigenous settlers. Positive developments included the Canadian government announcing the launch of a national inquiry into missing and murdered Indigenous women and girls. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE Legislative and institutional progress in some countries – such as the legal recognition of same-sex marriage – did not necessarily translate into better protection against violence and discrimination for LGBTI people. Across the Americas, high levels of hate crime, advocacy of hatred and discrimination, as well as murders and persecution of LGBTI activists persisted in countries including Argentina, the Bahamas, the Dominican Republic, El Salvador, Haiti, Honduras, Jamaica, the USA and Venezuela. However, in the Dominican Republic the electoral process during the year saw several openly LGBTI candidates run for seats to increase their political visibility and participation.

Amnesty International Report 2016/17 31 regime and attempts to mute political voices ASIA-PACIFIC in Malaysia. As the space for civil society shrank in REGIONAL many countries, discrimination – particularly against racial and ethnic minorities, and OVERVIEW women and girls – expanded in a range of countries and contexts. While many governments in the Asia Pacific In many states – including China, region – home to 60% of the world’s Malaysia, Maldives, Nepal, North Korea, the population – increasingly repressed people’s Philippines, Singapore, Thailand, Timor-Leste human rights, there were also signs of and Viet Nam – torture and other ill-treatment positive change in some countries and was among the tools used to target human contexts. rights defenders, marginalized groups and There were loud and insistent demands for others. freedom of expression and justice, and Such violations were often sustained by a activism and protests against violations grew. failure to ensure accountability for torturers Young people were increasingly determined and other perpetrators of human rights to speak out for their and others' rights. violations. Impunity was pernicious, Online technologies and social media offered frequently chronic, and common to many expanded opportunities to share information, states. Victims were denied justice, truth and expose injustices, to organize and advocate. other forms of redress. There was some Repeatedly, human rights defenders – often progress on this front, however. They working in the most difficult circumstances included slow steps towards delivering and with limited resources – stood firm accountability for alleged crimes under against heavy-handed state oppression, international law that had plagued Sri Lanka taking inspirational and courageous action. for decades, although widespread impunity Yet the price was often high. Many persisted; and the bilateral agreement governments displayed an appalling between Japan and the Republic of Korea disregard for freedom, justice and dignity. (South Korea) on the military sexual slavery They strove to muzzle opposing voices and system before and during World War II which suppress protest and activism, including was nonetheless criticized for excluding online dissent, through crackdowns, by force survivors from its negotiations. In a historic or cynical deployment of old and new laws. ruling, a court in the Philippines convicted a In East Asia, governmental transparency police officer of torture for the first time under diminished and the perception of a growing the 2009 Anti-Torture Act. The Office of the gap between governments and their citizens Prosecutor of the International Criminal Court increased. This was compounded by indicated that it might soon open an entrenched repression in countries such as investigation in Afghanistan, which could China and the Democratic People’s Republic cover allegations of crimes by the Taliban, the of Korea (North Korea). A pattern of Afghan government and US forces. deepening intolerance towards criticism and In Myanmar, intensification of the conflict open debate unfolded in South Asia, with in Kachin State, and an eruption of violence bloggers murdered in Bangladesh, media in northern Rakhine State – where a security workers assailed in Pakistan and space for operation forced members of the Rohingya civil society in countries such as India and Rakhine communities to flee their homes shrinking. In Southeast Asia, key rights – – aggravated an already serious human rights freedoms of thought, conscience, religion, and humanitarian situation in which tens of opinion, expression, association and thousands of people had been displaced by assembly – came under extensive assault, violence in recent years. Government with crackdowns by Thailand’s military restrictions prevented access to humanitarian

32 Amnesty International Report 2016/17 aid in both states. Afghanistan’s armed offence, some had a mental disability, and conflict continued due to a resurgent Taliban, others had been sentenced after unfair trials. inflicting a devastating toll on civilians. In Japan, executions were shrouded in Armed groups fuelled insecurity and secrecy. In Maldives, officials threatened to suffering in several countries committing resume executions after a 60-year abuses such as abductions and unlawful moratorium. In the Philippines, draft killings in central and northeastern India and legislation to reintroduce the death penalty in Jammu and Kashmir state. Bombings and was put before Congress. More positively, shootings in Indonesia by the armed group Nauru became the 103rd country to repeal calling itself Islamic State (IS) illustrated an the death penalty for all crimes. utter disregard for the . In Major developments included Myanmar’s Afghanistan armed groups carried out horrific new quasi-civilian government to which Aung attacks in the capital, Kabul, including on aid San Suu Kyi was appointed de facto leader, a agency CARE International, which targeted role especially created for her after the civilians in an act that constituted a war National League for Democracy party’s crime. election victory in 2015. The new government The regional backdrop of repression, took steps to improve human rights but faced conflict and insecurity fuelled the global daunting challenges bequeathed by half a refugee crisis. Across the region, millions century of repressive military rule. Its power became refugees and asylum-seekers, forced was constrained by the military’s enduring from their homes often into appalling and life- influence, including its control of key threatening conditions. Many were stranded ministries and retention of a quarter of in precarious situations, vulnerable to myriad parliamentary seats. There was little further abuses. In countries such as Australia improvement in Myanmar’s ongoing conflicts, and Thailand, governments exacerbated the Rohingya’s plight, humanitarian suffering by sending people back to countries assistance for displaced communities, where they risked human rights violations. impunity for human rights violators and Many others were displaced in their own reformation of repressive laws. countries. In the Philippines, state-sanctioned Corporations were frequently active or violence, typically in the form of unlawful complicit in abuses. The South Korean killings, occurred on a massive scale under government allowed private companies to Rodrigo Duterte’s presidency. The brutal hinder lawful trade union activity, only crackdown on those suspected of belatedly addressing ill-health and even involvement in drug crimes led to over 6,000 deaths caused by exposure to harmful people killed in the so-called “war on drugs”. products. In India, the US-based Dow In February, the devastating impact of Chemical Company and its subsidiary Union Cyclone Winston on Fiji highlighted the Carbide Corporation failed again to appear country’s inadequate infrastructure when before a Bhopal court on criminal charges 62,000 people were displaced after their related to the 1984 gas leak disaster. homes were destroyed; discrimination against The region was frequently at odds with the some groups in aid distribution and a global trend towards abolition of the death shortage of building materials failed those penalty. China remained the world’s most most in need. prolific executioner, even though the actual In May, Sri Lanka ratified the International figures remained a state secret. In Pakistan, Convention against Enforced Disappearance. the number of people executed – since 2014 It remains to be seen whether Sri Lanka will when it lifted a moratorium on executions – make enforced disappearance a specific rose to more than 400. In contravention of crime in its domestic law. Fiji ratified the UN international standards, some of those Convention against Torture with reservations executed were juveniles at the time of the although accountability for torture and other

Amnesty International Report 2016/17 33 ill-treatment was hindered by constitutional They posted an online advertisement for a immunities and a lack of political will. popular alcohol with a label reading “Remember, Eight Liquor Six Four” – a play on words in Chinese echoing the date of the EAST ASIA notorious event, accompanied by “tank HUMAN RIGHTS DEFENDERS man’s” picture. The action was covered In East Asia, human rights defenders came widely on social media before being under concerted attacks, with a narrowing censored. space for civil society to raise issues deemed In October, Ilham Tohti – a well-known contentious by the authorities. Uyghur intellectual who fostered dialogue In China’s continuing crackdown under Xi between Uyghurs and Han Chinese – Jinping’s rule, human rights defenders, received the 2016 Martin Ennals Award for lawyers, journalists and activists faced Human Rights Defenders awarded for deep increasing and systematic intimidation and commitment in the face of great risk. He is harassment, including arbitrary arrest and currently serving a life sentence on torture and other ill-treatment. Family “separatism” charges. members of those detained were also subject In Hong Kong, students Joshua Wong, to police surveillance, harassment and Alex Chow and Nathan Law were convicted of restriction of their . The “taking part in an unlawful assembly” in authorities increased the use of “residential connection with their roles in the 2014 events surveillance at a designated location” which that triggered the pro-democracy Umbrella allowed police to hold individuals for up to six Movement. months outside the formal detention system, North Korea exercised extreme repression, without access to legal counsel of their violating almost the full spectrum of human choice or their families. There was also an rights. There were severe restrictions on increase in detainees being forced to make freedom of expression and no domestic televised “confessions”. The authorities independent media or civil society continued to block thousands of websites. In organizations. Up to 120,000 individuals Guangdong province, China cracked down continued to be held in prison camps where on workers and labour rights activists, torture and other ill-treatment, including frequently denying detainees access to forced labour, was widespread and routine. lawyers on “national security” pretexts. State control, oppression and intimidation The Chinese government also drafted or intensified since Kim Jung-un came to power enacted laws and regulations under the in 2011. The persistent stranglehold on use pretext of enhancing national security, but of communication technology – designed in which could be used to silence dissent and part to isolate citizens and obscure the suppress human rights defenders under appalling human rights situation – continued. broadly defined offences such as “inciting People caught using mobile phones to subversion” and “leaking state secrets”. contact loved ones abroad faced There were fears that the new Foreign Non- incarceration in political prison camps or Governmental Organizations Management detention facilities. Law could be used to intimidate and In neighbouring South Korea, regressive prosecute human rights defenders and human rights trends included restrictions on NGOs, and the new Cyber Security Law could freedoms of peaceful assembly and undermine freedom of expression and expression which took new forms such as privacy. civil lawsuits. The authorities undercut press Yet activists dared to be innovative. Four freedom through heavier interference with human rights defenders were arrested for news reporting and the restriction on the commemorating the 27th anniversary of the exercise of the right to freedom of peaceful 4 June 1989 Tiananmen Square crackdown.

34 Amnesty International Report 2016/17 assembly, often under the pretext of national security to curb “infiltration and protecting public order. extremism”. If passed it could be used to The South Korean National Assembly further supress in particular the rights to passed an anti-terrorism law substantially freedom of religion and of belief of Christian expanding powers of surveillance of communities unrecognized by the state, communications and the collection of Tibetan Buddhists and Uighur Muslims. In personal information of people suspected of the Xinjiang Uighur Autonomous Region, the terrorist links. government detained ethnic Uighur writers In Mongolia, civil society organizations and Uighur language website editors. working for human rights protection faced Ethnic Tibetans faced ongoing regular intimidation, harassment and threats discrimination and restrictions on their rights mainly by private actors. to , conscience and In a positive development in Taiwan, the religion, expression, association and peaceful new government dropped charges against assembly. Tibetan blogger Druklo was more than 100 protesters who participated in sentenced to three years’ imprisonment for the 2014 student-led protests against the “inciting separatism”, including for his online Cross Straits Services Trade Agreement posts on religious freedom and the Dalai between Taiwan and China, known as the Lama. In the Xinjiang Uighur Autonomous “Sunflower Movement”. The new Prime Region, the government continued to violate Minister, Lin Chuan, stated that the previous the right to freedom of religion, and cracked government’s decision to charge the down on unauthorized religious gatherings. protesters was a “political reaction” rather than a “legal case”. SOUTH ASIA PEOPLE ON THE MOVE HUMAN RIGHTS DEFENDERS Japan continued to reject most asylum Human rights defenders were targeted for applications. The South Korean immigration violations throughout South Asia in several service held more than 100 asylum-seekers ways. Governments used draconian for months at Incheon International Airport, legislation and new laws aimed at censoring including 28 men from Syria whom a court online expression. eventually ruled should be released and India used repressive laws to curb freedom allowed to apply for asylum. Dozens of of expression and silence critics. The Foreign asylum-seekers from other countries such as Contribution (Regulation) Act was used to Egypt remained detained at the airport in restrict civil society organizations receiving inhumane conditions. foreign funding, and to harass NGOs. The sedition law – used by the British to curb free DISCRIMINATION expression during India’s independence Japan’s parliament passed its first national struggle – was deployed to harass critics. law against the advocacy of hatred or hate Human rights defenders also faced speech against residents of overseas origin intimidation and attacks. Journalist Karun and their descendants, following an increase Mishra was killed by gunmen in Uttar in pro-discrimination demonstrations. Critics Pradesh state, apparently for reporting on said the law was too narrow and did not illegal soil mining. Rajdeo Ranjan, a journalist contain penalties. Discrimination against who had faced threats from political leaders sexual or ethnic minorities remained severe. for his writing, was also shot dead. In China, freedom of religion was In Jammu and Kashmir, security forces systematically violated. Draft amendments to used unnecessary or excessive force against legislation contained provisions to increase demonstrators. The Jammu and Kashmir state power to control and sanction some government also imposed a curfew for over religious practices, again in the name of two months. A suspension on private

Amnesty International Report 2016/17 35 landline, mobile and internet service providers undermined a range of rights and PEOPLE ON THE MOVE residents said it left them unable to reach Due to its ongoing conflict, Afghanistan was urgent medical assistance. the world’s second-largest refugee-producing Pakistani media workers faced country. The crisis affected huge numbers of occupational hazards like abduction, arbitrary people with over two million in Pakistan and arrest and detention, intimidation, killings Iran alone and large numbers trying to reach and harassment by state and non-state the EU. An EU-Afghanistan deal required actors. A grenade attack on ARY TV’s offices Afghanistan to re-admit any Afghan citizen in the capital, Islamabad, was one of many who had not been granted asylum in the EU. strikes against media workers, and freedom However, continuing instability made it of expression generally. Pamphlets left at the impossible for many refugees and asylum- scene claimed that an armed group allied to seekers to return home voluntarily in safety. IS was responsible. Although Afghans risking their lives on In Sri Lanka, Sandhya Eknaligoda – wife of dangerous journeys to Europe made disappeared dissident cartoonist Prageeth headlines, the vast majority lacked the Eknaligoda – faced repeated threats and resources to leave. The number of people other intimidation after the police identified forced to flee their homes and becoming seven suspects, members of army internally displaced reached an estimated intelligence, in connection with his enforced 1.4 million in 2016, more than twice that of disappearance. This intimidation included the three previous years. In the same three- protests outside the court hearing her year period, international aid to Afghanistan husband’s habeas corpus case, and a poster halved as donors’ attention shifted following campaign accusing her of supporting the the withdrawal of international troops. The Liberation Tigers of Tamil Eelam (LTTE). plight of those suffering in appalling Freedom of expression continued to be conditions and struggling to survive in under attack in Bangladesh where the overcrowded camps with inadequate shelter, authorities grew increasingly intolerant of food, water and health care was at risk of independent media and critical voices. Amid being forgotten. the severely deteriorating human rights For Afghan refugees in Pakistan, the situation, a string of journalists were arrested situation was bleak as the Pakistani and arbitrarily detained; peaceful dissent was government planned one of the largest suppressed under draconian laws invoked to forcible returns of refugees in modern history hound critics on social media. Student putting about 1.4 million people, whose activist Dilip Roy was detained for criticizing registration was expected to expire at the end the Prime Minister on Facebook, and faced a of the year, at risk. The authorities imposed possible 14-year prison sentence under the several unfeasible deadlines, which they then vaguely worded Information and reluctantly extended, for the return of Communications Technology Act, used by the refugees to Afghanistan. The move triggered authorities to threaten and punish people waves of harassment from police and officials who peacefully expressed views they disliked. and the refugees were left trapped in the In Maldives, where human rights had been uncertain limbo of their camps. under increased attack in recent years, the In other instances, Pakistan breached the government intensified assaults on freedoms principle of non-refoulement and placed of expression and assembly by imposing Afghan refugees at risk of serious abuses. For arbitrary restrictions to prevent protest. example, the decision to deport Sharbat Gula Authorities also silenced political opponents, back to a country she had not seen in a human rights defenders, and journalists, generation and which her children had never using legislation criminalizing “defamatory” known was emblematic of Pakistan’s cruel speech, remarks and other actions. treatment of Afghan refugees. She was the

36 Amnesty International Report 2016/17 iconic “Afghan girl” featured on the cover of protection, while others were reluctant to a 1985 National Geographic magazine, and approach the police fearing they would be was for decades the world’s most famous charged or harassed. refugee, a symbol of Pakistan’s status as a In Sri Lanka, LGBTI people faced generous host. harassment, discrimination and violence. High levels of impunity persisted for DISCRIMINATION perpetrators of violence against women and Thousands protested against discrimination girls, including rape by military personnel, and violence faced by Dalit communities. and inadequate efforts were made to address Marginalized communities continued to be domestic violence. Tamils complained of frequently overlooked in the government’s ethnic profiling, surveillance and harassment push for faster economic growth. Millions by police suspecting them of LTTE links; the demonstrated against changes to labour UN Committee on the Elimination of Racial laws. Black people faced racist harassment, Discrimination found that the Sri Lanka discrimination and violence in various cities. Prevention of Terrorism Act was used Reports of violent crimes as well as sexual disproportionately against Tamils. Christians violence against women and girls rose while and Muslims were reportedly harassed, perpetrators enjoyed impunity, and women threatened and attacked including by from marginalized communities faced supporters of hardline Sinhala Buddhist systemic discrimination. Indian law political groups, with police failing to act or criminalized soliciting in public places, blaming religious minorities for inciting leaving sex workers vulnerable to a range opponents to violence. of abuses. Section 377 of India’s Penal Code continued to criminalize consensual same- SOUTHEAST ASIA sex relations, despite legal challenges before AND THE PACIFIC the Supreme Court. India’s cabinet approved a flawed bill on transgender people’s rights, HUMAN RIGHTS DEFENDERS which was criticized by activists for its Human rights defenders were under threat in problematic definition of transgender people Cambodia, Malaysia, Thailand, Viet Nam and and inadequate anti-discrimination other countries including through increased provisions. use of new or existing laws which There was a spree of apparently militant- criminalized peaceful expression. inspired killings and other attacks in In Thailand, ongoing suppression of Bangladesh, where the authorities arrested peaceful dissent since the 2014 military coup nearly 15,000 people in a delayed response created an environment in which few dared to a spate of attacks against bloggers, to criticize the authorities publicly. Human atheists, foreign nationals and lesbian, gay, rights defenders faced charges of criminal bisexual, transgender and intersex (LGBTI) defamation for speaking out about violations people. The government frequently or for supporting vulnerable individuals and compromised its obligation to pursue those communities. The government moved to shut responsible using measures such as arbitrary down debate ahead of a referendum on a and secret detention. Lack of protection for draft Constitution; in one example, around a peaceful activists was further underscored by dozen people commenting on the proposed attacks for which no one was held Constitution on Facebook were detained or accountable, such as the brutal killing of charged, and faced up to 10 years’ Xulhaz Mannan, editor of an LGBTI imprisonment under a draconian new magazine, and his friend Tanay Mojumdar. government order. Human rights activists under similar threat Crackdowns on freedoms of expression, said that the police offered insufficient association and peaceful assembly intensified

Amnesty International Report 2016/17 37 ahead of Cambodia’s elections planned for freedom of expression, with journalists fined 2017/2018, and the authorities increasingly and imprisoned. Bloggers and dissidents in abused the criminal justice system. The Singapore were harassed and prosecuted. security forces harassed and punished civil Human rights defenders and journalists in society in attempts to silence critics; human the Philippines were targeted and killed by rights defenders were threatened, arrested unidentified gunmen and armed militia. and detained for their peaceful work; and the political opposition was targeted, with PEOPLE ON THE MOVE activists and officials imprisoned after unfair Australia maintained its abusive offshore trials. The authorities continued to hinder immigration processing regime on Nauru and peaceful protest. Manus Island in Papua New Guinea. In Malaysia, attempts to choke peaceful Australia’s transfer agreement with Nauru dissent and freedom of speech included the contravened international law and effectively widespread use of national security legislation trapped refugees and asylum-seekers in an and other restrictive laws. Rafizi Ramli – a open-air prison. Although not technically whistle-blowing parliamentarian who exposed detained, these people could not leave and information about major corruption – was were isolated on the remote Pacific island of sentenced to 18 months in prison. Journalists Nauru, even when officially recognized as at news site Malaysiakini faced intimidation refugees. and threats from vigilantes. The Australian government’s policy of In Viet Nam, human rights defenders “processing” refugees and asylum-seekers faced threats and attacks. Prisoners of on Nauru involved a deliberate and conscience were held in prisons and systematic regime of neglect and cruelty, detention centres, and subjected to enforced designed to inflict suffering: the system disappearance, torture and other ill- amounted to torture under international law. treatment, including torture with electricity, It minimized protection and maximized harm severe beatings, prolonged solitary and was constructed to prevent some of the confinement sometimes in total darkness and world’s most vulnerable people from seeking silence, and denial of medical treatment. safety in Australia. The Vietnamese authorities also oversaw Mental illness and self-harm among suppression of peaceful protesters. As the refugees and asylum-seekers in Nauru were country hosted a visit by US President commonplace. Omid Masoumali, an Iranian Barack Obama in May, the authorities refugee, died after setting himself on fire. arrested, intimidated and harassed peaceful Others, including children, suffered activists. inadequate health care, persistent verbal and Myanmar’s new National League for physical attacks, pervasive hostility, and Democracy-led government took steps to arbitrary arrests and detentions, with amend long-standing repressive laws systematic impunity for these types of targeting activists and media workers. Yet abuses. cases like the detention of two media workers Australia refused to close its centres on in November, on suspicion of “online Nauru and Manus Island and even planned defamation” over an article on allegations of to introduce a law permanently banning government corruption, showed that much those trapped there from getting an more needed to be done. Australian visa, piling injustice onto injustice Security forces in Timor-Leste were in violation of international law. accused of unlawful killings, torture and other New Zealand publicly reiterated an ill-treatment, arbitrary arrests, and the agreement made with Australia in 2013 to arbitrary restriction of freedom of expression annually resettle 150 refugees from Nauru and peaceful assembly. Fiji’s media was and Manus Island, although Australia since affected by arbitrary restrictions curtailing refused to carry out the deal.

38 Amnesty International Report 2016/17 Conditions in Malaysia’s overcrowded may have amounted to crimes against immigration detention centres were harsh. humanity. Many Rohingya refugees and One thousand people, including over 400 asylum-seekers who made it to Bangladesh Rohingya – who had been stranded off in desperate need of humanitarian assistance Malaysia’s coastline until the authorities were pushed back into Myanmar. agreed to accept them in May 2015 – The crisis arose in a context of unrelenting endured prolonged detention for over a year and severe discrimination against the in harsh conditions. In June, the majority of Rohingya community, in which a number of the Rohingya were released and some were rights including freedom of movement resettled. remained restricted. There was also Thailand’s lack of legal framework, continuing religious intolerance – processes or procedures for hosting refugees exacerbated in recent years by the previous and asylum-seekers left many vulnerable to government’s failure to effectively investigate arbitrary detention and other violations of violent incidents – often fuelled by hardline their rights. In the absence of a recognized Buddhist nationalist groups and directed legal status under Thai law, refugees and particularly against Muslims. asylum-seekers, including children, The Indonesian authorities often appeared continued to be treated as irregular migrants to be more concerned about hardline and under the Immigration Act could be religious groups than respecting and detained indefinitely in immigration detention protecting human rights. For example, the centres, which might not meet international Governor of Jakarta, the capital, a Christian standards of detention. and the first member of Indonesia’s ethnic Scores of Rohingya from Myanmar were Chinese community to be elected to that among those detained in immigration position, underwent a criminal investigation centres, having been held since their arrival on suspicion of “blasphemy”. Discrimination by boat in 2015. against LGBTI people increased after officials The Indonesian authorities engaged in made inflammatory, grossly inaccurate and crude intimidation tactics in , including misleading statements. by endangering the lives of a group of over In Papua New Guinea violence against 40 Sri Lankan Tamil asylum-seekers – among women was widespread and sex workers them were a heavily pregnant woman and were beaten, raped, arbitrarily detained and nine children – by firing warning shots and killed without recourse to justice. They were threatening to push them back out to , in not adequately protected largely because of violation of international law. laws criminalizing sex work, the stigmatization of sex work and social and DISCRIMINATION cultural norms. Tens of thousands of people from Myanmar’s The UN Human Rights Committee and the Rohingya minority fled northern Rakhine UN Committee on the Rights of the Child State, where security forces mounted reprisal criticized New Zealand’s high rates of attacks in response to an assault on three incarceration, child poverty and domestic border outposts which killed nine police violence of Indigenous Māori. Sexual and officers in October. The security forces, led other physical violence against women and by the military, randomly fired at villagers, girls also remained widespread despite wide torched hundreds of homes, carried out recognition of the problem and efforts to arbitrary arrests, and raped women and girls. address it. Villagers were placed under night curfews and humanitarian agencies were barred from the area. The response amounted to collective punishment of the entire Rohingya community in northern Rakhine State and

Amnesty International Report 2016/17 39 presidential terms were ushered in. In EUROPE AND Russia, President Vladimir Putin continued to surf the wave of popularity generated by CENTRAL ASIA Russia’s excursions in Ukraine and its resurgent influence internationally, while REGIONAL undermining civil society at home. Across the former Soviet Union, the repression of dissent OVERVIEW and political opposition remained surgical and constant. On 30 November 2016, “Ahmed H”, a Syrian The region’s most tumultuous man living in Cyprus, stood trial on terrorism developments took place in Turkey, which charges in Budapest, capital of Hungary. He was shaken by ongoing clashes in the was accused of orchestrating clashes southeast, a series of bombings and between police and refugees following the shootings and a violent coup attempt in July. sudden closure of Hungary’s border with The government’s backsliding on human Serbia in September 2015. His prosecution rights accelerated dramatically in its wake. played to the government’s conflation of Having identified one-time ally turned bitter Muslim asylum-seekers with terrorist threats. foe Fethullah Gulen as responsible, the In reality, Ahmed H was only there because Turkish authorities moved with speed to he was helping his elderly Syrian parents flee crush the extensive movement he had their war-torn country. Caught in the melee, created. Around 90,000 civil servants, most he admitted to throwing stones at the police, of them presumed Gulenists, were dismissed but, for the most part, as numerous by executive decree. At least 40,000 people witnesses testified, he had been trying to were remanded in custody, amid widespread calm the crowd. Nevertheless, he was allegations of torture and other ill-treatment. convicted, becoming a tragic, chilling symbol Hundreds of media outlets and NGOs were of a continent turning its back on human closed down and journalists, academics and rights. MPs were arrested as the crackdown In 2016 populist movements and progressively moved beyond the nexus of the messages burst into the mainstream. coup and weaved in other dissenters and Politicians across the region tapped into pro-Kurdish voices. widespread feelings of alienation and insecurity. Their targets were many: political PEOPLE ON THE MOVE elites, the EU, immigration, liberal media, Following the arrival by sea of just over a Muslims, foreign nationals, globalization, million refugees and migrants in 2015, EU gender equality and the ever-present threat of member states were determined to terrorism. In power, in countries like Poland dramatically reduce their number in 2016. In and Hungary, they achieved most, but also this they succeeded, but only at the further west, they forced anxious considerable, and quite deliberate, expense establishment parties to borrow many of their of their rights and welfare. clothes and usher in many of their policies. At the end of December, around 358,000 The result was a pervasive weakening of the refugees and migrants had made the rule of law and an erosion in the protection of crossing into Europe. There was a modest human rights, particularly for refugees and increase in numbers taking the central terrorism suspects, but ultimately for Mediterranean route (up to around 170,000), everyone. but a sharp decline in numbers arriving on Further east, long-established strongmen the Greek islands (down from 854,000 to strengthened their grip on power. In 173,000), owing almost entirely to the Tajikistan, Azerbaijan and Turkmenistan, migration control deal between EU and constitutional amendments extending Turkey agreed in March. The International

40 Amnesty International Report 2016/17 Organization for Migration estimated that a refugees trapped in Greece was clearly a record 5,000 people died at sea compared to price worth paying to discourage more from around 3,700 last year. coming. The EU-Turkey deal was the EU’s The lack of solidarity with refugees and signature response to the so-called “refugee fellow EU member states was typical of the crisis”. Turkey was offered €6 billion to police migration policies of most EU countries, its coastline and accept the return of asylum- which united in their plans to restrict entry seekers who made it across to the Greek and expedite return. This became apparent islands. The deal was premised on the untrue in the failure of the EU’s flagship relocation assertion that Turkey offered asylum-seekers scheme. Adopted by EU heads of state in all the protections they would be entitled to in September, with a view to distributing the the EU. With a barely functioning asylum responsibility for receiving the large number system in place, and nearly three million of refugees arriving in a small number of Syrian refugees already struggling to get by, countries, the plan foresaw the relocation of the claim stood testimony to the EU’s 120,000 people from Italy, Greece and willingness to ignore the rights and livelihoods Hungary across the EU within two years. of refugees to suit its political purposes. After Hungary rejected the scheme, figuring it Even though the numbers of new arrivals would be better off simply closing its borders slowed to a few thousand a month on altogether, its quota was reallocated to average, the reception capacity on the Greek Greece and Italy. By the end of the year, only islands was still severely stretched. By the around 6,000 people had been relocated end of the year, some 12,000 refugees and from Greece and just under 2,000 from Italy. asylum-seekers were stranded there in The relocation scheme was coupled with increasingly overcrowded, insanitary and another EU initiative from 2015: the “hotspot dangerous conditions in makeshift centres. approach”. This EU Commission-inspired The poor conditions periodically sparked riots plan foresaw large processing centres in Italy within the camps, while some were attacked and Greece to identify and fingerprint new by locals accused of links to far right groups. arrivals, swiftly assess their protection needs Conditions for the around 50,000 refugees and either process their asylum applications, and migrants on the Greek mainland were relocate them to other EU countries or return only marginally better. By the end of the year, them to their country of origin (or for those most had found shelter in official reception arriving in Greece, to Turkey). With the facilities. However, these mostly consisted of relocation component of the plan effectively tents and abandoned warehouses and were falling away, Italy and Greece were left facing unsuitable for accommodation for more than enormous pressure to fingerprint, process a few days. and return as many migrants as possible. As the year drew to a close, the EU-Turkey There were incidents of ill-treatment being deal remained in place, but looked used to secure fingerprints, arbitrary increasingly fragile. By then it was clear, detention of migrants and collective however, that it was only a first line of expulsions. In August, a group of 40 people, defence. The second initiative to stop people many from Darfur, were returned to Sudan arriving in Europe was the closure of the shortly after a Memorandum of Balkan route above Greece in March. Understanding was signed by Italian and Macedonia and successive Balkan countries Sudanese police. Upon arrival in Sudan, the were prevailed upon to close their borders migrants were interrogated by the Sudanese and assisted in the task by border guards National Intelligence and Security Service, an from different European countries. The move agency implicated in serious human rights was initially championed by Hungarian Prime violations. Minister Viktor Orbán, then taken up by The drive to return as many migrants as Austria. For many EU leaders, the misery of possible increasingly became a key feature of

Amnesty International Report 2016/17 41 EU and member state foreign policy. In amending its asylum legislation, in 2016 the October the EU and Afghanistan signed the Hungarian government ushered in a set of co-operation agreement “Joint Way Forward”. measures which resulted in violent push- Signed on the back of a donor conference, backs at the border with Serbia, unlawful the agreement obliged Afghanistan to detentions inside the country and poor living collaborate in the return of failed Afghan conditions for those waiting at the border. asylum-seekers (asylum recognition rates for While the Hungarian government spent Afghans fell in most countries despite millions of euros on a xenophobic advertising growing insecurity in the country), including campaign in support of its ultimately failed unaccompanied minors. referendum to reject the EU relocation The central place of migration scheme, refugees were left to languish. management in EU foreign policy was Infringement proceedings initiated by the explicitly laid out in another document, the European Commission for the multiple “Partnership Framework”, endorsed by the breaches of EU and international asylum law European Council in June. The plan remained open at the end of the year. proposed using aid, trade and other funds to At the opposite end of Europe, in France, pressure countries to reduce the number of the build-up of asylum-seekers and migrants migrants reaching EU shores, while at the “Jungle” camp in Calais and its negotiating border control co-operation and dismantling in October became as much a re-admission agreements including with symbol of Europe’s failed migration policies serial human rights abusing countries. as the bursting camps on the Greek islands The drive to externalize Europe’s migration Lesvos and Chios and the makeshift shelters management went hand in glove with in front of Hungary’s razor wire fences. measures to restrict access to asylum and Germany’s impressive efforts to shelter and related benefits nationally. The trend was process the asylum applications of the almost particularly observable in previously generous one million people who arrived in Germany Nordic countries: Finland, Sweden, Denmark the year before was perhaps the only positive and Norway all introduced regressive government response to the “refugee crisis” amendments to their asylum legislation, the in Europe. Overall, it was left to ordinary last with the intention to ensure that Norway citizens to show the solidarity their leaders had “the strictest refugee policy in Europe”. were lacking. In countless reception centres Finland, Sweden and Denmark, as well as across Europe, tens of thousands of people Germany, all restricted or delayed access to showed again and again that there was family reunification for refugees. another side to the increasingly toxic States closest to the EU main external migration debate by welcoming and borders adopted the strictest measures. In supporting refugees and migrants. January, the Austrian government announced a cap of 37,500 asylum applications for the COUNTER-TERROR AND SECURITY year. In April, an amendment to the Asylum Over a hundred people were killed and many Act granted the government the power to more injured in violent attacks in France, declare an emergency in the event of the Belgium and Germany. They were shot by arrival of large numbers of asylum-seekers, armed men, blown up by suicide bombers triggering the accelerated processing of and deliberately run over as they walked in applications at the border and the immediate the street. Protecting the right to life and return, without reasoned motivation, of those enabling people to live, to move and to think rejected. freely became an increasingly pressing The deterioration of Europe’s asylum concern for governments across Europe. system hit its lowest point in Hungary. After However, many responded to the challenge constructing a fence along the majority of its of upholding these essential freedoms by border with Serbia in September 2015 and rushing through counter-terrorism measures

42 Amnesty International Report 2016/17 that undermined human rights and the very Pioneered in the UK and France, such values that had come under attack. controls, in some cases amounting to house 2016 witnessed a profound paradigm shift: arrest, were imposed on the basis of secret a move from the view that it is the role of security files leaving those affected unable to governments to provide security so that effectively challenge measures with harmful people can enjoy their rights, to the view that effects on their lives and families. governments must restrict people’s rights in Hundreds of people were prosecuted, in order to provide security. The result has been violation of the right to freedom of expression, a dangerous redrawing of the boundaries for offences of apologizing for or glorifying between the powers of the state and the terrorism, especially in France, often for rights of individuals. comments posted on social media, and less One of the most alarming developments frequently in Spain. A proposed EU Directive was the effort by states to make it easier to on Combating Terrorism, which was still invoke and prolong a “state of emergency”. pending adoption at the end of the year, Hungary led the way with the adoption of would lead to the proliferation of such laws. A legislation providing for sweeping executive proposal to prohibit the vague “promoting powers in the event of a declared emergency, terrorism” was put forward in Germany, while including the banning of public assemblies, bills setting out similar offences were put severe restrictions on the freedom of before Parliament in Belgium and the movement and the freezing of assets with no Netherlands. judicial controls. The Bulgarian Parliament Across Europe, states significantly passed a similar set of measures at first vote enhanced their surveillance powers, in in July. In December, France extended for the defiance of repeated rulings by the Court of fifth time the state of emergency imposed Justice of the European Union and the following the November 2015 attacks. The European Court of Human Rights that covert emergency powers were significantly surveillance and the interception and expanded in the July extension, which retention of communications data would reintroduced house searches without prior violate the right to privacy unless based on a judicial approval (a power dropped from an reasonable suspicion of serious criminal earlier extension) and new powers to prohibit activity and to the extent strictly necessary for public events on public security grounds, making an effective contribution to which were variously used to ban protests. combating such activity. Both courts have Figures released by the government in repeatedly stated that national legislation on December 2016 indicated that since surveillance must provide sufficient November 2015, 4,292 house searches had guarantees against misuse, including prior been conducted and 612 people had been authorization by a court or other independent assigned to forced residency, raising concern authority. The UK introduced perhaps the that the emergency powers were being used most wide-ranging bulk and targeted disproportionately. surveillance powers with the adoption of the Measures once viewed as exceptional were Investigatory Powers Act in November. embedded in ordinary criminal law in several Commonly referred to as the “snooper’s European states. These included extensions charter”, it permitted a broad range of in the period of pre-charge detention for vaguely defined interception, interference terrorism-related suspects in Slovakia and and data retention practices, and imposed Poland and a proposal to do the same for all new requirements on private companies to charges in Belgium. In the Netherlands and store communications data. All powers under Bulgaria, proposals were put before the new law – both targeted and mass – Parliament to introduce administrative control could be authorized by a government measures to restrict people’s freedom of minister after review, in most but not all movement without prior judicial authorization. cases, by a quasi-judicial body composed of

Amnesty International Report 2016/17 43 members appointed by the Prime Minister. In Roma continued to face widespread December, the Court of Justice of the EU discrimination across Europe in access to ruled that the UK surveillance legislation housing, education, health and employment. violated the right to privacy. Roma remained vulnerable to forced In addition to the UK, Austria, Switzerland, evictions across Central Europe, but also in Belgium, Germany, Russia and Poland France and Italy. There was a growing trend adopted new surveillance-related legislation of courts finding in favour of evicted during the year, all introducing, with minor communities, but their decisions rarely led to variations, extensive powers to collect and improvements for the affected residents. store electronic data and conduct targeted There were positive developments in the surveillance activities on loosely defined Czech Republic; under the impulse of EU target groups or suspected individuals with infringement proceedings, a series of reforms little to no judicial or other oversight. The to reduce the over-representation of Roma in Netherlands and Finland both had legislative special schools came into effect with the start proposals pending at the end of the year. of the school year in September. There was progress, albeit uneven, in the DISCRIMINATION rights of lesbians, gays, bisexual, transgender Across Europe, Muslims and migrants were and intersex (LGBTI) people. France adopted vulnerable to racial profiling and a new law scrapping medical requirements discrimination by police, both in connection for legal gender recognition and Norway with anti-terrorism powers and during regular granted the right on the basis of self- law enforcement operations, including identification. Similar moves were under way identity checks. in Greece and Denmark. A number of Initiatives to combat violent extremism, countries moved to respect the rights of often including reporting obligations on same-sex couples and second-parent public institutions, risked alienating Muslim adoptions. Italy and Slovenia adopted communities and curbing freedom of legislation recognizing same-sex expression. Bulgaria and the Swiss partnerships. An LGBTI Pride March on 12 Parliament adopted legislation banning the June in Kyiv, capital of Ukraine, supported by wearing of full-face veils in public. Draft the authorities and heavily protected by legislation banning full-face veils was still police, passed without incident. With about pending before the Dutch Parliament by the 2,000 participants, it became the biggest- end of the year, while a similar proposal was ever event of its kind in Ukraine. put forward in Germany. In France several At the opposite end of the spectrum, coastal municipalities sought to ban the consensual same-sex acts remained criminal wearing of “burkinis” on the beach. The offences in Uzbekistan and Turkmenistan. In discriminatory provisions were struck down Kyrgyzstan, draft legislation to criminalize by the Council of State, but a number of “fostering a positive attitude” towards “non- municipalities persevered regardless. traditional sexual relations” was still under Several European countries saw an discussion in Parliament, and a constitutional increase in hate crimes targeting asylum- amendment banning same-sex marriage was seekers, Muslims and foreign nationals. In approved in a referendum in December. Germany there was a sharp increase in There was also push-back from increasingly attacks on shelters for asylum-seekers, and organized, sometimes state-supported, in the UK hate crimes surged by 14% in the conservative groups. Proposals for three months after the referendum on the referendums to change constitutional UK’s withdrawal from the EU (Brexit) in June definitions of marriage and family to explicitly compared to the same period the exclude same-sex couples were blocked by previous year. the President in Georgia, but allowed to be put to Parliament by the Constitutional Court

44 Amnesty International Report 2016/17 in Romania. A proposal to amend the expression was aggressively restricted in Lithuanian Constitution to this effect passed Turkey in the aftermath of the failed coup the first of two required votes in Parliament in attempt. The Balkans remained a dangerous June, just days after 3,000 people joined a place for investigative journalists, dozens of “March for Equality” to celebrate the 2016 whom faced prosecution and beatings for Baltic Pride in the capital, Vilnius. exposing abuses, while within the EU, Progress on women’s rights was also fitful. Poland, Hungary and Croatia muzzled public Violence against women remained pervasive, broadcasters. despite increasingly strong legislative Russia continued to tighten the noose on protections. Bulgaria, the Czech Republic NGOs, using defamatory media campaigns and Latvia signed the Council of Europe and the “Foreign Agents Law” to target the Convention on preventing and combating most critical. Dozens of independent NGOs violence against women (Istanbul receiving foreign funding were added to the Convention). It was ratified in Romania and list of “foreign agents” bringing the total Belgium. In a sharply regressive move, number to 146, of which 35 had closed down however, the Polish government announced permanently. Prosecutors also brought the its intention to withdraw from the Convention, first criminal case for “systematic evasion of only one year after its ratification, and despite duties imposed by the law” against Valentina an estimated up to one million women Cherevatenko, the founder and Chair of the victims per year in the country. The ruling Women of the Don Union. The freedom of party also restricted sexual and reproductive peaceful assembly also continued to be rights. Following a general women’s strike on tightly controlled. 3 October, the Polish Parliament rejected a Kazakhstan also used criminal law bill proposing a near total ban on abortion provisions targeting NGO leaders for the first and criminalization of women and girls who time. Dozens of “organizers” and hundreds obtained an abortion and anyone assisting or of participants in protests in April and May encouraging them to have an abortion. In against the new land code were detained. Ireland, calls to overhaul highly restrictive There was an increase in prosecutions for abortion legislation gained increasing posts on social media in violation of the right momentum, while the UN Committee on the to freedom of expression, while several Rights of the Child called on Ireland to prominent journalists were convicted on decriminalize abortion. Abortion remained charges of “knowingly disseminating false criminalized in all circumstances in Malta. information” and embezzlement. In January, changes to the Law on Communications FREEDOMS OF EXPRESSION, came into force requiring internet users to ASSOCIATION AND PEACEFUL install a “national security certificate” which ASSEMBLY allowed authorities to scan communications The repression of dissent, critical opinion and and to block access to content which the political opposition remained the norm across authorities judged to be illegal. the former Soviet Union. It remained Tajikistan saw a significant crackdown in particularly acute, but not noticeably worse the wake of the targeting of the banned than in previous years, in Uzbekistan, opposition Islamic Renaissance Party of Turkmenistan and Belarus. There was a Tajikistan, 14 of whose leading members marked deterioration in Tajikistan and were sentenced to long prison terms on Kazakhstan, while Russia and Azerbaijan saw terrorism charges in secret trials. In August, the deepening of a long-standing downward the government issued a five-year decree trend. Pro-Russian media came under ever giving it the right to “regulate and control” the greater attack in Ukraine, while pro-Ukrainian content of all television and radio networks and Tatar voices were severely repressed in through the State Broadcasting Committee. Crimea and within Russia. Freedom of Human rights defenders came under tight

Amnesty International Report 2016/17 45 surveillance, while independent media outlets and journalists faced intimidation and IMPUNITY AND ACCOUNTABILITY harassment by police and the security Torture and other ill-treatment was services. The authorities continued to order widespread throughout the former Soviet internet service providers to block access to Union; nominal improvements in law certain news or social media sites, while a continued to be made in a few countries, but new decree required internet providers and impunity remained the norm. The prospect of telecommunications operators to channel accountability for the large-scale abuses by their services through a new single law enforcement officials during the communications centre under the state- Euromaydan protests in 2013-14, the Gezi owned company Tajiktelecom. park protests in 2013 and the ethnic clashes Azerbaijan continued to repress opposition in southern Kyrgyzstan in 2010 receded in activists, human rights NGOs and Ukraine, remained remote in Turkey and independent media. Twelve prisoners of dwindled to vanishing in Kyrgyzstan. conscience were released, but 14 remained In the EU, accountability for complicity in in jail at the end of the year, including Ilgar the US-led rendition programme remained Mammadov, whose sentence was upheld by distant, despite ongoing proceedings before the Supreme Court in November despite the the European Court of Human Rights. By the European Court of Human Rights ruling end of the year, not a single person had been requiring his release. Amnesty International found criminally liable for their involvement in was denied entry to the country, bringing the unlawful detention and torture and other Azerbaijan in line with Uzbekistan and ill-treatment of terrorism suspects in Poland, Turkmenistan. Public protests remained Lithuania or Romania. severely restricted; the few that took place Having made notable progress in the were dispersed by police with excessive force eradication of torture in places of detention and political activists were arrested for over the last decade, there was an alarming organizing them. spike in the number of reported cases in the The media in Ukraine remained generally wake of the failed coup attempt in Turkey. free, but a number of media outlets With thousands of people detained in official perceived as supporting pro-Russian or pro- and unofficial police detention, reports of separatist views and those particularly critical severe beatings, sexual assault, threats of of the authorities faced harassment. rape and rape were consistently but Independent journalists were unable to work implausibly denied by the Turkish authorities. in Crimea, where the occupying Russian authorities continued to severely restrict the DEATH PENALTY rights to freedom of expression, of association Towards the end of the year, Turkey’s and of peaceful assembly. Crimean Tatars President Recip Tayyip Erdoğan promised to faced particular repression. put the reintroduction of the death penalty The respect for freedom of expression before Parliament, in defiance of widespread deteriorated sharply in Turkey, especially after international condemnation and Turkey’s the declaration of a state of emergency in the obligations as a Council of Europe member wake of the failed coup attempt in July. There state. Belarus, Europe’s last remaining were 118 journalists remanded in pre-trial executing state, executed four people in the detention and 184 media outlets were course of the year, despite the government arbitrarily and permanently closed down making – not for the first time – some under executive decrees. Internet encouraging noises about its imminent increased and 375 NGOs, including women’s abolition. In Kazakhstan, one man was rights groups, lawyers associations and sentenced to death on terrorism-related humanitarian organizations were shut by charges. executive decree in November.

46 Amnesty International Report 2016/17 opposition, including through the use of CONFLICT AND ARMED VIOLENCE emergency powers adopted in the wake of In November, the International Criminal Court the July failed coup. in its preliminary examination of the fighting in eastern Ukraine concluded that it amounted to an international armed conflict. Sporadic clashes continued, but the overall situation remained militarily and politically deadlocked. The Russian-backed authorities in Donbas retained near total autonomy. By the end of the year, the UN Human Rights Monitoring Mission in Ukraine estimated the number of casualties at almost 10,000, including at least 2,000 civilians. Both the Ukrainian authorities and separatist forces in eastern Ukraine engaged in unlawful detentions of civilians they suspected of sympathizing with the other side, as currency for “prisoner exchanges”. All of those known to be secretly detained by Ukrainian forces had been released by the end of the year. A brief flurry of fighting broke out between Azerbaijan and Armenia in the Armenian- backed breakaway Nagorno-Karabakh region in April. The fighting lasted four days, resulting in small numbers of military and civilian casualties, mutual recrimination and small territorial gains by Azerbaijan. The Turkish authorities continued to conduct heavily militarized operations in numerous urban areas across southeast Turkey, in response to the digging of trenches and erecting of barricades by the Kurdistan Workers’ Party (PKK) affiliated groups towards the end of 2015. These operations were largely over by June, by which time round-the-clock curfews and the use of excessive force, including heavy weaponry, had resulted in hundreds of civilian casualties, large-scale destruction of residential areas and the forced displacement of up to half a million people. Clashes between the PKK and Turkish forces outside urban areas, and sporadic PKK attacks on government buildings were ongoing at the end of the year as the peace process that broke down in 2015 showed no sign of resuming. The prospect of renewed talks was undermined by a severe crackdown on Kurdish media, civil society and political

Amnesty International Report 2016/17 47 other countries to seek refuge. All the forces MIDDLE EAST AND engaged in the conflict continued to commit war crimes and other violations of NORTH AFRICA international humanitarian law, flagrantly disregarding the obligation of all parties to REGIONAL protect civilians. Syrian government forces repeatedly OVERVIEW conducted indiscriminate attacks, dropping barrel bombs and other explosives and firing During 2016, millions of people across the imprecise artillery shells into civilian Middle East and North Africa saw their lives residential areas controlled by opposition thrown into turmoil, torment and tragedy, and fighters. They also continued to besiege such their homes and livelihoods destroyed, by areas, causing further civilian deaths from unrelenting state repression and continuing lack of adequate food and medicine. armed conflicts that were marked on all sides Government forces also carried out direct by appalling crimes and abuses. So intense attacks on civilians and civilian objects, was the political and human rights crisis that relentlessly bombing hospitals and other tens of thousands risked their lives in perilous medical facilities and, on at least one attempts to cross the Mediterranean Sea occasion, apparently attacking a UN rather than remain in the region. In Syria, humanitarian relief convoy. Russian forces more than five years of fighting had resulted allied with the Syrian government continued in the biggest human-made humanitarian to carry out air strikes on opposition-held crisis of our time, and the armed conflicts in areas, causing thousands of civilian deaths Iraq, Libya and Yemen also took a heavy toll and injuries and destroying civilian homes on civilians. Armed conflict and repression and infrastructure. As the year closed, the exploited and exacerbated long-standing fault conflict appeared to have reached a decisive lines and increased political and religious phase after government and allied forces polarization, further undermining respect for wrested control of Aleppo city from opposition human rights. forces. In December, a ceasefire agreement between government and some opposition ARMED CONFLICT forces, reached under Russian and Turkish The human consequences of more than five auspices, appeared to open the way for new years of conflict in Syria were, frankly, peace talks and the UN Security Council incalculable. There was no clear or evident unanimously reiterated its call for all parties formula sufficient to assess the true scale to the conflict to allow the “rapid, safe and and dimensions of the suffering caused to unhindered” delivery of humanitarian aid Syria’s population – the deaths and injuries, across Syria. the devastation and dislocation of families In areas that the Syrian government and livelihoods, or the destruction of homes, controlled or recaptured, security forces property, historical sites and religious and continued to suppress all opposition, cultural icons. Only raw statistics on the detaining thousands, many in conditions of numbers killed or displaced and images of enforced disappearance that denied their the destruction in cities such as Aleppo gave families any information on their some indication of the enormous scale and whereabouts, conditions or fate. Torture and intensity of the crisis. By the end of the year, other ill-treatment of detainees continued to the conflict had caused the deaths of more be widespread; many died as a result. than 300,000 people and the forcible Armed groups fighting the Syrian displacement of more than 11 million others, government and each other also committed including 6.6 million who remained internally war crimes and other serious violations of displaced and 4.8 million who had fled to international law. The armed group calling

48 Amnesty International Report 2016/17 itself Islamic State (IS) carried out direct militias and Sunni tribal fighters, and Kurdish attacks against civilians in government-held Regional Government forces, backed by air areas of the capital, Damascus, using suicide strikes and other military support from a US- bombers, and mounted attacks using led international coalition, recaptured Falluja suspected chemical agents, conducted and other cities formerly controlled by IS. At sieges, and committed unlawful killings in the end of the year, the parties were engaged areas it controlled. Other armed groups in an offensive aimed at driving IS forces indiscriminately shelled areas controlled by from Mosul, Iraq’s second largest city. All Syrian government or Kurdish forces, killing sides committed atrocities. Government and injuring civilians. forces and allied paramilitary militias Yemen, the poorest country in the Middle committed war crimes and other violations of East, remained mired in armed conflict international humanitarian law and human between an array of Yemeni and foreign rights law, mostly against members of the military forces which continued to exhibit a Sunni Arab community, including wanton disregard for the lives of civilians, extrajudicial executions and other unlawful carrying out indiscriminate attacks using killings, torture and deliberate destruction of bombs, artillery shells and other imprecise civilian homes. They subjected hundreds of weapons, and directly attacking civilians and men and boys to enforced disappearance civilian structures or imperilling civilians by and took no steps to clarify the fate and firing weapons from residential areas. whereabouts of thousands who remained The Huthi armed group and allied army disappeared after being seized by units loyal to Yemen’s former President Ali government forces and allied militias in Abdullah Saleh indiscriminately shelled areas previous years. of Ta’iz city, killing and injuring civilians, and In areas it controlled, IS continued to carry blocked the entry of food and vital medical out execution-style killings of local people supplies, causing a humanitarian emergency. who opposed them or whom they suspected The Huthis also engaged in indiscriminate of collaborating with government forces. IS cross-border shelling of civilian areas in fighters punished individuals they accused of Saudi Arabia. Meanwhile, a Saudi Arabia-led failing to comply with their codes of dress military coalition of Arab state forces and behaviour, carried out abductions, used dedicated to restoring Yemen’s internationally torture and inflicted floggings and other cruel recognized government conducted a punishments, subjected Yazidi women and relentless campaign of air strikes on areas girls to sexual violence, including sexual controlled or contested by the Huthis and slavery, and indoctrinated and recruited boys, their allies, killing and injuring thousands of including Yazidi captives, and used them in civilians. Many of the attacks were fighting. As government forces advanced, IS indiscriminate or disproportionate; others forces prevented civilians from fleeing conflict appeared to directly target civilians and areas, using them as human shields and civilian objects, such as schools and market shooting those who sought to escape and places. Aerial bombing repeatedly struck punishing their families. In other areas, hospitals. Some coalition attacks amounted including the capital, Baghdad, IS carried out to war crimes. The UN reported that more suicide bombings and other deadly attacks than 2 million children in Yemen were acutely that were indiscriminate or deliberately malnourished, and 18.8 million people were targeted civilians in crowded markets, Shi’a in need of humanitarian assistance or religious shrines and other public spaces, protection at the end of the year. killing and injuring hundreds. Meanwhile, hundreds of thousands of Elsewhere, Libya remained torn and civilians remained caught in the midst of divided by armed conflict, five years after the armed conflict in Iraq. Iraqi government fall of former leader Colonel Mu’ammar al- forces, mostly comprising Shi’a paramilitary Gaddafi. The Presidential Council of the

Amnesty International Report 2016/17 49 Government of National Accord (GNA), which from Lebanon, Iraq and Iran and an intensive emerged from UN-backed talks, failed to Russian bombing campaign that killed and consolidate power on the ground. Its injured thousands of civilians in opposition- legitimacy remained contested by Libya’s held areas. A US-led military coalition also recognized Parliament and forces supporting conducted air strikes against IS and other rival former governments based in Tripoli, on armed groups in Syria and Iraq, killing and the one hand, and Tobruk and al-Bayda, on injuring civilians, and US forces carried out the other. IS lost its stronghold in the city of strikes in Libya and Yemen. The Saudi Sirte to pro-GNA forces after months of Arabia-led military coalition in Yemen used fighting which caused another wave of internationally banned cluster munitions and displacement. The conflict continued to be other weapons obtained from the USA, the marked on all sides by serious violations of UK and other states in indiscriminate attacks international humanitarian law, including war on areas controlled by the Huthis and their crimes. Various forces attacked hospitals and allies, in which civilians were killed. carried out indiscriminate air strikes and Meanwhile the UN Security Council, artillery attacks that killed and injured critically hamstrung by divisions between its civilians; in June, the World Health permanent member states, continued to fail Organization reported that 60% of public to do its job of addressing threats to hospitals in areas of conflict had ceased to international peace and security and function or were inaccessible. protecting civilians. UN efforts to promote Armed groups and militias in Libya also peace negotiations made little or no progress carried out abductions, holding victims as while UN agencies struggled to address the hostages for prisoner exchange or ransom, humanitarian needs that the conflicts and detained civilians on account of their generated among the tens of thousands of origin, opinions or perceived political or tribal civilians forced to living under siege, and the affiliations. IS forces summarily killed millions internally displaced or seeking safety captured opposition fighters and civilians in as refugees. areas they controlled or contested. Other forces, including those affiliated with the FREEDOMS OF EXPRESSION, GNA, also committed unlawful killings in ASSOCIATION AND ASSEMBLY Tripoli, Benghazi and elsewhere. All across the region, state authorities unduly Years of internecine strife in Libya, just as restricted and impeded exercise of the rights in other countries engulfed in armed conflict, to freedom of expression, association and had a devastating impact on the enjoyment of peaceful assembly. Most governments economic, social and cultural rights, as maintained and enforced laws that access to food, electricity, health care, criminalized peaceful speech, writing or other education and other services was severely expression, including social media and other curtailed. online comment, that they deemed critical, offensive or insulting to public authorities, INTERNATIONAL INVOLVEMENT symbols or religion, or that disclosed The armed conflicts in Syria, Yemen, Iraq information they wished to withhold. In and Libya were all exacerbated to some Bahrain, the authorities prosecuted and extent by foreign involvement. Europeans and imprisoned human rights defenders on other nationals travelled to the region to fight charges that included “inciting hatred against for IS, while Russian, US, Turkish, Saudi the regime” and for criticizing Saudi Arabian Arabian and other armed forces from the bombing raids in Yemen, and barred media region and elsewhere left their deadly mark. outlets from employing journalists deemed to In Syria, government forces recaptured have “insulted” Bahrain or other Gulf states. significant territory from opposing armed In Iran, the authorities prosecuted and groups in 2016, aided by Shi’a militia fighters imprisoned scores of peaceful critics on

50 Amnesty International Report 2016/17 vague and spurious national security appealed unsuccessfully to the President to charges. Those targeted included human honour his 2013 election pledge to lift its rights defenders, journalists, lawyers, trade suspension, and the authorities refused to unionists, filmmakers, musicians, women’s renew the licence of the Iranian Teachers’ rights activists, ethnic and religious minority Trade Association, instead imprisoning some rights activists, and anti-death penalty of its members on account of their alleged campaigners. In Kuwait, a new cybercrime “membership of an illegal group”. The law penalized peaceful online criticism of the Iranian Revolutionary Guards also harassed government and judiciary with up to 10 years’ women’s human rights defenders. imprisonment and another law barred anyone In Algeria the authorities maintained their convicted of insulting the Emir, God or the 15-year ban on all demonstrations in the prophets from standing as a parliamentary capital, Algiers, forcibly dispersed other candidate. Government critics and journalists protests, and imprisoned peaceful protesters. were also imprisoned in Oman, where the In Bahrain, the government continued to ban authorities closed down a newspaper that all demonstrations in the capital, Manama, had published reports alleging official and the security forces used excessive force corruption, and in Saudi Arabia, where the to disperse protests in predominantly Shi’a courts handed down lengthy prison villages. sentences on overly broad charges such as Armed groups also restricted freedoms of “breaking allegiance to the ruler”. In Jordan, expression and association in areas they a gunman killed a journalist whom the controlled, including in Iraq, Libya, Syria and authorities had accused of posting a cartoon Yemen. In Iraq, self-declared IS “courts” they deemed “offensive” to Islam; the ordered stoning for “adultery” and floggings gunman was later charged with murder. and other corporal punishments against The right to was inhabitants for smoking, failing to adhere to widely curtailed in the region. States the IS-imposed dress code, or other IS rules. including Iran, Kuwait, Qatar and Saudi In Libya, armed groups harassed, abducted, Arabia did not permit independent political tortured and killed human rights defenders parties. Human rights groups, including and journalists. those campaigning for women’s rights, were targeted by the authorities in a number of JUSTICE SYSTEM countries. In Egypt, the authorities ordered Security forces throughout the region the closure of a centre renowned for its arbitrarily arrested and detained actual and treatment of survivors of torture and victims suspected government critics and opponents, of political violence, froze the assets of other often using vague and broadly drawn laws. In human rights groups, and published new Syria, many detainees were forcibly draft legislation that threatened to make it disappeared after they were seized by impossible for independent NGOs to continue government forces. In Egypt and the United to operate. In Algeria, the government sought Arab Emirates (UAE), detainees were to undermine local human rights groups, frequently subjected to enforced including Amnesty International Algeria, by disappearance: cut off from the outside continuing to block their legal registration. world, deprived of legal protection and The Moroccan authorities similarly continued tortured to force “confessions” that courts to block the legal registration of several used to convict them at trial. Detention human rights groups. In Bahrain, the without trial was widely used: Israeli authorities suspended the main opposition authorities held hundreds of Palestinians association in June, having imprisoned its under indefinitely renewable administrative leader in 2014, seized its assets, and in July detention orders, while Jordanian authorities obtained a court order for its dissolution. In continued to hold thousands under a 1954 Iran, the Association of Iranian Journalists

Amnesty International Report 2016/17 51 law allowing detention without charge or trial migrants from the region and beyond. Many for up to one year. were children; some were unaccompanied Torture and other ill-treatment of detainees and especially vulnerable to human remained rife, particularly in Bahrain, Egypt, trafficking and sexual and other exploitation Iran, Iraq, Israel and the Occupied and abuse. Palestinian Territories, Libya, Saudi Arabia, The Syrian and other armed conflicts Syria and the UAE. Common torture methods continued to severely impact other states in included beatings, electric shocks, sleep the region and beyond. Lebanon hosted more deprivation, stress positions, prolonged than 1 million refugees from Syria and Jordan suspension by the wrists or ankles and hosted more than 650,000, according to threats against detainees and their loved UNHCR, the UN refugee agency. These main ones. There were new reports of torture in host countries struggled to meet the Tunisia although a new Code of Criminal additional economic, social and other needs Procedures improved safeguards for that the arrival of so many refugees detainees (other than terrorism suspects) and presented, amid faltering international a national preventive body created in 2013 humanitarian aid and deeply inadequate slowly began to take shape. refugee resettlement provision by European A continuing lack of judicial independence and other states. The principal host states together with the “confession culture” that imposed tighter border controls to prevent permeated so many national justice systems new arrivals, consigning thousands of people saw courts often act as mere tools of who sought to flee the conflict to precarious government repression rather than conditions on the Syrian side of the border. independent arbiters of justice upholding Lebanese authorities forcibly returned some international fair trial standards. Courts in asylum-seekers to Syria and Turkish Egypt, Iran, Iraq, Saudi Arabia, Syria and the authorities carried out mass forced returns UAE repeatedly failed to conduct fair trials, and unlawful push-backs of people seeking particularly in cases where defendants faced refuge. Despite international expressions of national security or terrorism-related charges, concern, countries in the Gulf Cooperation including in death penalty cases. In Bahrain, Council accepted few refugees from the the authorities used the courts to obtain region’s armed conflicts; some provided orders revoking the nationality of a critical financial support for international religious cleric and of scores of defendants humanitarian assistance. convicted of terrorism charges, leading to the In host countries, refugees and asylum- expulsion of some and rendering many seekers frequently lived in insecure and stateless. impoverished conditions, were denied Courts in Saudi Arabia continued to employment and faced arrest for not impose cruel punishments that included possessing valid documents. In Libya, foreign floggings of hundreds of lashes, and courts in nationals who entered or remained in the Iran sentenced defendants to flogging, country irregularly, including asylum-seekers amputation of their fingers and toes and and refugees, as well as migrants mostly from blinding. sub-Saharan Africa, faced severe repression. Thousands were seized at checkpoints and in REFUGEES, INTERNALLY DISPLACED raids and incarcerated indefinitely in abusive PEOPLE AND MIGRANTS conditions in both government-run and Across the region, millions of people were on militia-controlled detention facilities. Others the move seeking to escape armed conflicts faced abduction for ransom, exploitation and or other violence, political repression or sexual violence by human traffickers and economic degradation. They included smugglers. These and other “push” factors refugees and asylum-seekers, people led tens of thousands to seek refuge displaced within their own country, and elsewhere, often by paying criminal people-

52 Amnesty International Report 2016/17 smugglers to risk their lives in flimsy, and by allowing rapists to escape prosecution overcrowded craft that set out from Turkish, by marrying their victim. Authorities in Libyan and other shores in often vain Bahrain and Jordan took action during the attempts to cross the Mediterranean Sea. year to remove or reduce this provision for Thousands reached Europe, where they rapists from their penal codes, and in other faced uncertain futures; thousands of others, positive developments draft laws on including children, drowned. combating violence against women appeared Elsewhere in the region, migrant workers, to be advancing towards enactment in many from Asia, continued to experience Morocco and Tunisia. In other states, exploitation and abuses. In Kuwait, Qatar and however, laws continued to prescribe lesser the UAE, where migrant workers formed a punishment for crimes of violence against majority of the population and their labour women, including murder, if the perpetrators underpinned the national economies, committed them in the name of “family restrictive sponsorship policies continued to honour”, or made women liable to criminal tie workers to employers, increasing migrant prosecution for reporting rape; these laws workers’ vulnerability. In Saudi Arabia, many perpetuated conditions that both facilitate migrants were left destitute after the and obscure potentially high levels of government cut spending on construction domestic violence against women and girls. and other projects. Migrant domestic Women’s rights activists faced arrest, workers, predominantly women, remained imprisonment and harassment by Ministry of especially vulnerable to abuse by employers Intelligence and Revolutionary Guards – including sexual and other physical and officials in Iran, and the authorities used psychological abuse and forced labour – due “morality police” to enforce compulsory to the continuing failure of state authorities to “veiling” laws on women, who regularly extend basic labour law safeguards to the suffered harassment, violence, arbitrary domestic employment sector. In Jordan, arrest and detention on account of their some 80,000 women migrants employed as dress. Meanwhile, draft laws that heeded the domestic workers were excluded from the Supreme Leader’s call for greater compliance protection of labour laws, placing them at risk with women’s “traditional” roles as home of violence and exploitation, according to a makers and child bearers threatened to local workers’ rights group. reduce women’s access to sexual and reproductive health. WOMEN’S RIGHTS Conditions for women and girls were Throughout the region, women and girls were especially perilous in areas of armed conflict, denied equal status with men in law and in where they endured siege, aerial bombing practice and were subject to gender-based and other forms of attack by both violence, including sexual violence and government and opposition forces. Many killings perpetrated in the name of “honour”. were rendered more vulnerable to abuses Male “guardianship” rules restricted women’s such as human trafficking by the death or freedom of movement and access to higher disappearance of spouses and other male education and employment in Saudi Arabia, relatives. In areas of Iraq and Syria that they where the authorities also continued to controlled, IS forces continued to hold prohibit women from driving motor vehicles. thousands of Yazidi women and girls captive, Family laws discriminating against women subjecting them to sexual violence, in relation to marriage, divorce, child custody enslavement, including sexual slavery, and and inheritance remained prevalent, and in forced conversion. many countries laws failed to protect from, and even facilitated, sexual violence against MINORITY RIGHTS women – for example, by failing to criminalize Members of ethnic, religious and other early and forced marriage and marital rape minorities continued to face repression in a

Amnesty International Report 2016/17 53 number of countries, exacerbated by the from justice those responsible. Israel’s increased political polarization that both government agreed to pay compensation to fuelled and flowed from the armed conflicts the families of Turkish nationals killed by that dominated the region. In Saudi Arabia, Israeli soldiers in 2010 but failed to ensure the authorities continued to clamp down on accountability either for the extensive war the Shi’a minority, detaining and imprisoning crimes and other grave violations of Shi’a activists and executing a leading Shi’a international law that Israeli forces committed cleric. In Iran, the authorities imprisoned during recent armed conflicts in Gaza and scores of peaceful activists belonging to Lebanon or for unlawful killings, torture and ethnic minorities, and maintained a raft of other violations that Israeli soldiers and discriminatory restrictions that denied security officials continued to commit against members of religious minorities equitable Palestinians in the West Bank and Gaza. The access to employment, education, political government of Palestine ratified Rome office and exercise of their economic, social Statute amendments giving the International and cultural rights. In Egypt, Coptic Criminal Court jurisdiction over the “crime of Christians, Shi’a Muslims and Baha’is faced aggression”. Neither the Palestinian continuing discrimination in law and practice government nor the Hamas de facto and a new law restricted the building and administration in Gaza took steps to ensure repair of churches. In Kuwait, the authorities accountability for crimes committed by continued to withhold citizenship from more Palestinian armed groups in previous than 100,000 Bidun long-term residents, conflicts, including indiscriminate rocket and who remained stateless and unable to access mortar attacks on Israel and summary killings a range of state services. of alleged “collaborators”. In Egypt, the security forces continued to RIGHTS OF LESBIAN, GAY, BISEXUAL, commit serious violations with impunity, TRANSGENDER AND INTERSEX PEOPLE targeting alleged supporters of the banned LGBTI people faced arrest and imprisonment Muslim Brotherhood and other critics and on charges of “debauchery” or “indecency”, opponents for arbitrary detention, enforced and persecution under laws criminalizing disappearance and torture. An amendment consensual same-sex sexual relations in to the Police Authority Law prohibited Bahrain, Egypt, Iran, Morocco and Tunisia. security forces from “ill-treating citizens”. But the authorities took no serious steps to hold IMPUNITY members of the security forces accountable A heavy shroud of impunity prevailed, under for unlawful killings and other serious which parties to armed conflicts perpetrated violations committed during years of turmoil war crimes, other grave violations of since the popular uprising in 2011. international law and gross , the international condemnation abuses. Elsewhere, state authorities sparked in 2011 by the authorities’ heavily committed unlawful killings, torture and other abusive response to popular protests led the human rights violations without government to create, and thereafter to accountability. vaunt, official mechanisms mandated to In some cases, impunity continued for investigate alleged human rights violations by crimes committed decades ago. In Algeria, the security forces and ensure accountability. the authorities continued to protect state These continued to function in 2016, albeit forces responsible for serious crimes in the not in a sufficiently adequate and effective 1990s by criminalizing calls for justice, thus manner, and a small number of low-ranking turning the law on its head. In Morocco, 10 members of the security forces faced years after the landmark Truth and Equity prosecution as a result of investigations. Commission reported on decades of grave However, by the end of the year, no senior violations, state policy still firmly shielded officers or officials responsible for torture,

54 Amnesty International Report 2016/17 unlawful killings and other excessive use of continued to hand down death sentences in force in 2011 had been held to account. Algeria, Morocco and Tunisia, the authorities Tunisia stood out as the only state in the there maintained long-standing policies of region undertaking a serious transitional refraining from executing people. By contrast, justice process, with its Truth and Dignity the governments of Iran, Saudi Arabia and Commission reporting that it had received Iraq remained among the world’s foremost tens of thousands of complaints concerning executioners: their victims were often human rights violations committed between sentenced after grossly unfair trials. Some – 1955 and late 2013 and undertaking in Iran, the majority – were sent to their televised, public sessions. Yet a government- deaths after being convicted of non-violent proposed law that would offer former officials drugs offences; some were sentenced for and business executives immunity if they crimes committed when they were children. repaid their proceeds from corruption in On 2 January the Saudi Arabian authorities former years threatened to undermine the executed 47 prisoners at 12 separate Commission’s work. locations; on 21 August, the Iraqi authorities The UN General Assembly also provided a executed 36 men sentenced after a glimmer of hope in December by establishing perfunctory trial that failed to address their an independent international mechanism to allegations of torture. Executions were also ensure accountability for war crimes and carried out in Egypt, where unfair military and crimes against humanity committed in Syria other courts have handed down hundreds of since March 2011. In December too, the UN death sentences since 2013. Security Council demonstrated rare unity when it reaffirmed that Israel’s establishment STANDING UP FOR HUMANITY of settlements in Palestinian territory it has While 2016 saw some of the worst forms of occupied since 1967 have no legal validity human behaviour, it was also a year in which and constitute a flagrant violation of the very best of human conduct shone international law and an obstacle to peace through. Countless individuals stood up in and security. Rather than exercise its veto, defence of human rights and victims of the USA abstained while the Council’s 14 oppression, often putting their own lives or other member states supported the freedom in jeopardy to do so. They included resolution. Despite these developments, medical workers, lawyers, citizen journalists, however, the future as regards justice and media workers, women’s and minority rights accountability remained bleak at an campaigners, social activists and many international level, with four of the UN others – far too many to name or to list. It is Security Council’s five permanent member their courage and determination in the face states – France, Russia, the UK and the USA of dire abuses and threats that offer hope for – actively supporting forces that continued to a better future for the people of the Middle commit war crimes and other grave violations East and North Africa region. of international law in Syria, Iraq, Yemen and Libya, and themselves implicated in serious violations. DEATH PENALTY All countries in the region retained the death penalty but there were wide disparities in the range of offences penalized by it and in its application. No new death sentences were handed down in Bahrain, Oman or in Israel, which has abolished the death penalty for ordinary crimes only. Although courts

Amnesty International Report 2016/17 55

AMNESTY INTERNATIONAL REPORT 2016/17 PART 2: A-Z COUNTRY ENTRIES human rights lawyer, as Attorney General, AFGHANISTAN and General Taj Mohammad Jahid as Minister of Interior Affairs. President Ghani Islamic Republic of Afghanistan opened a fund to support women survivors of Head of state and government: Mohammad Ashraf gender-based violence, to which cabinet Ghani members contributed 15% of their February salary. The intensifying conflict resulted in In March, the UN Security Council widespread human rights violations and renewed the mandate of the UN Assistance abuses. Thousands of civilians were killed, Mission in Afghanistan (UNAMA) for another injured or displaced in the violence, while year; the UN Secretary-General appointed ongoing insecurity restricted access to Tadamichi Yamamoto as Special education, health and other services. While Representative of UNAMA. armed insurgent groups were responsible for After years of peace negotiations between the majority of civilian casualties, pro- the government and the country’s second government forces also killed and injured largest insurgent group Hezb-i-Islami, led by civilians. Anti- and pro-government forces Gulbuddin Hekmatyar, on 29 September, continued to use children as fighters. The President Ghani and Gulbuddin Hekmatyar number of people internally displaced stood signed a peace agreement granting at 1.4 million – more than double the Gulbuddin Hekmatyar and his fighters number in 2013 – while approximately amnesty for alleged crimes under 2.6 million Afghan refugees lived outside international law and permitting the release of the country, many in deplorable conditions. certain Hezb-i-Islami prisoners. Violence against women and girls persisted, Political instability increased amid growing and there was a reported increase in armed rifts in the Government of National Unity groups publicly punishing women including between supporters of President Ghani and through executions and lashings. State and Chief Executive Abdullah Abdullah. In non-state actors continued to threaten October, an international aid donor human rights defenders and impede them conference was held by the EU to pledge aid from carrying out their work and journalists to Afghanistan over the next four years. The encountered violence and censorship. The international community pledged around US government continued to carry out $15.2 billion to assist Afghanistan in areas executions, often after unfair trials. including security and sustainable development. Shortly before the conference, BACKGROUND the EU and Afghanistan signed a deal In January, officials from Afghanistan, permitting the deportation of an unlimited Pakistan, China and the USA held talks on a number of failed Afghan asylum-seekers, roadmap for peace with the Taliban. despite the worsening security situation. However, at a conference in January in Doha, There were serious concerns about a attended by 55 senior participants from a mounting financial crisis as the international diverse international range of backgrounds, presence within the country was diminished including the Taliban, a delegation of the and unemployment rose. Taliban’s political commission based in Doha There was a rapid increase in September reiterated that a formal peace process could and October of Taliban attacks and attempts start only after foreign troops had left the to capture large provinces and cities. In country. They also set out other preconditions October, the Taliban captured Kunduz, including the removal of Taliban leaders’ during which the city power supply and water names from the UN sanctions list. was cut; hospitals ran out of medication and In February, President Ghani appointed civilian casualty numbers rose. The UN Mohammad Farid Hamidi, a prominent Office for the Coordination of Humanitarian

58 Amnesty International Report 2016/17 Affairs (UNOCHA) reported some 25,000 On 3 February, the Taliban shot dead a 10- Afghans internally displaced during one week year-old boy on his way to school in Tirin Kot, from Kunduz to the capital, Kabul, and southern Uruzgan. It was believed that the neighbouring countries. boy was shot because he had fought the Taliban on earlier occasions alongside his ARMED CONFLICT uncle, a former Taliban commander who In the first nine months of 2016, UNAMA switched allegiance and became a local documented 8,397 conflict-related civilian police commander. casualties (2,562 deaths and 5,835 injured). On 19 April, Taliban militants attacked a Pro-government forces – including Afghan security team responsible for protecting high- national security forces, the Afghan local level government officials in Kabul, killing at police, pro-government armed groups, and least 64 people and wounding 347. It was the international military forces – were biggest Taliban attack on an urban area responsible for almost 23%, according since 2001. to UNAMA. On 31 May, Taliban militants posing as UNAMA documented at least 15 incidents government officials kidnapped around 220 in the first half of 2016 in which pro- civilians at a fake checkpoint along the government forces conducted search Kunduz- highway near Arzaq Angor operations in hospitals and clinics, delayed or Bagh in Kunduz province. They killed 17 of impeded the provision of medical supplies, or the civilians and the rest were eventually used health facilities for military purposes. rescued or released. At least 40 more people This was a sharp increase on the were kidnapped and others killed in the same previous year. area on 8 June. Men dressed in Afghan National Army On 23 July, a suicide attack claimed by the uniforms entered a health clinic in the armed group Islamic State (IS) killed at least Taliban-controlled village of Tangi Saidan, 80 people and wounded more than 230 Wardak province, on 18 February. The during a peaceful demonstration by members Swedish aid group that ran the clinic said the of the Hazara minority in Kabul. men beat staff members and killed two On 12 August, three armed men attacked patients and a 15-year-old carer. NATO the American University in Kabul, killing 12 launched an investigation into the incident; people and injuring nearly 40, mostly no updates were made public by the end of students and teachers. No one claimed the year. responsibility for the attack. No criminal charges were brought against On 11 October, IS conducted a co- those responsible for an air strike by US ordinated attack against a large group of forces in October 2015 against a Médecins mourners in a Shi’a mosque in Kabul. The Sans Frontières hospital in Kunduz which attackers used explosive materials and killed and injured at least 42 staff and stormed the mosque, reportedly taking patients, although approximately 12 US hostage hundreds of mourners. At least 18 military personnel faced disciplinary people were shot dead and over 40 injured, sanctions. In March, the new commander of including women and children. US and NATO forces in Afghanistan issued an apology to the families of the victims. VIOLENCE AGAINST WOMEN AND GIRLS The Afghan judiciary said that it had ABUSES BY ARMED GROUPS registered more than 3,700 cases of violence The Taliban and other armed insurgent against women and girls in the first eight groups were responsible for the majority of months of 2016. The Afghanistan civilian casualties, approximately 60%, Independent Human Rights Commission also according to UNAMA. reported thousands of cases in the first six

Amnesty International Report 2016/17 59 months of the year, including beatings, was intensified with the deal signed between killings and acid attacks. the Afghan government and the EU on 5 In January, a man cut off the nose of his October 2016, agreeing to the unlimited 22-year-old wife in Faryab. The incident was return of Afghan refugees from EU member condemned across Afghanistan, including by states. a Taliban spokesperson. In July, a 14-year-old pregnant girl was set Internally displaced people on fire by her husband and her parents-in- By April 2016, the number of people law to punish her father for eloping with a internally displaced reached an estimated 1.4 cousin of the girl’s husband. She died five million. Many continued to live in squalid days later in hospital in Kabul. conditions without access to adequate Armed groups targeted women working in housing, food, water, health care, education public life, including women police officers. or employment opportunities. Armed groups also restricted the freedom of According to UNOCHA, from 1 January to movement of women and girls, including 11 December, 530,000 individuals became their access to education and health care, in internally displaced mainly due to conflict. areas under their control. The situation facing internally displaced UNAMA reported an increase in the people (IDPs) has worsened in recent years. number of women punished in public under A national IDP policy launched in 2014 was Shari’a law by the Taliban and other armed hindered by corruption, lack of capacity in groups. Between 1 January and 30 June, the government and fading international UNAMA documented six parallel justice interest. punishments by armed groups of women IDPs, along with other groups, faced accused of so-called “moral crimes”, significant challenges in accessing health including the executions of two women and care. Public facilities remained severely the lashing of four others. overstretched, and IDP camps and settlements often lacked dedicated clinics. REFUGEES AND INTERNALLY Medicines and private clinics were DISPLACED PEOPLE unaffordable for most IDPs and the lack of According to UNHCR, the UN refugee adequate maternal and reproductive health agency, approximately 2.6 million Afghan care was a particular area of concern. refugees were living in more than 70 IDPs also faced repeated threats of forced countries, making them the second largest evictions by both government and private refugee population worldwide. Around 95% actors. lived in just two countries, Iran and Pakistan, where they faced discrimination, racial HUMAN RIGHTS DEFENDERS attacks, lack of basic amenities and the risk Armed groups continued to target and of mass deportation. threaten human rights defenders. Women Approximately 1.4 million refugees in human rights defenders in particular faced Pakistan risked mass deportation with their death threats against themselves and their registration tentatively expiring at the end of families. the year. UNHCR estimated that a further In early 2016, a prominent human rights one million undocumented refugees were in defender received a death threat via Pakistan. According to UNHCR, more than Facebook from the Taliban against himself 500,000 Afghan refugees (documented and and nine others. After the 10 activists undocumented) were repatriated from approached the authorities about the threat, Pakistan during the year. This was the the intelligence agency National Directorate highest number since 2002. Officials of Security arrested two people with reported reported up to 5,000 returnees during each links to the Taliban, but no subsequent of the first four days of October. The situation information was provided to the human rights

60 Amnesty International Report 2016/17 defenders. Threats continued against the activists, who self-censored their human TORTURE AND OTHER ILL-TREATMENT rights work as a result. Armed groups including the Taliban In August, the brother of a local women’s continued to carry out killings, torture and rights activist in a southern province was other human rights abuses as punishment for kidnapped, tortured and subsequently killed perceived crimes or offences. Parallel justice by unidentified individuals. The perpetrators structures were illegal. used the man’s phone to intimidate the Between 1 January and 30 June, UNAMA activist and her family, threatening her with documented 26 cases including summary fatal repercussions if she did not cease her killings, lashings, beatings and illegal human rights work. No one had been detention. The punishments were imposed arrested for the kidnapping and killing by for alleged violations of Shari’a law, spying or the end of the year. connections with the security forces. Most occurred in the western region, particularly in FREEDOMS OF EXPRESSION Farah and Badghis provinces. AND ASSEMBLY On 14 February, Afghanistan Local Police Freedom of expression, which strengthened in Khak-e-Safid district, Farah province, after the fall of the Taliban in 2001, has allegedly detained, tortured and killed a steadily eroded following a string of violent shepherd for his alleged involvement in attacks, intimidation and killings of planting a remote-controlled IED (improvised journalists. explosive device) that killed two police Nai, a media freedom watchdog, reported officers. UNAMA reported that, although it more than 100 cases of attacks against was aware of the incident, the Afghan journalists, media workers and media offices prosecution office did between January and November. These not initiate any investigation or arrest any included killings, beatings, detention, arson, suspects. threats and other forms of violence by both state and non-state actors. DEATH PENALTY On 20 January, a suicide attack on a On 8 May, six death row prisoners shuttle bus carrying staff working for Moby were executed by hanging in Pol-e Charkhi Group, the owner of the country’s largest prison in Kabul. The executions followed a private TV station Tolo TV, killed seven media speech by President Ghani on 25 April, soon workers and injured 27 people. The Taliban, after the large-scale Taliban attack of 19 which had previously threatened Tolo TV, April, in which he vowed to implement tough claimed responsibility. justice, including capital punishment. On 29 January, Zubair Khaksar, a well- It was feared that more executions could known journalist working for Afghan national follow. Approximately 600 prisoners remained TV in Nangarhar province, was killed by on death row, many convicted of crimes such unidentified armed men while travelling from as murder. Many of their trials did not abide Jalalabad city to Surkhrood district. by fair trial standards. Around 100 individuals On 19 April, police in Kabul beat two staff were sentenced to death during the year for media workers of Ariana TV while they were crimes including murder, rape and murder, carrying out their reporting duties. and terrorism resulting in mass killings. Activists in several provinces outside Kabul said they were increasingly reluctant to stage demonstrations, fearing reprisals from government officials.

Amnesty International Report 2016/17 61 participation in planting wiretapping devices ALBANIA in police stations. In response, the Prime Minister and the Minister of Internal Affairs Republic of Albania accused the judge of serving the opposition Head of state: Bujar Nishani and undermining the independence of the Head of government: Edi Rama judiciary. The national police chief remained in pre-trial detention at the end of the year. Roma and Egyptian communities continued In July, a justice reform was passed in to live in poor housing conditions and were Parliament. The reform amended dozens of at risk of forced evictions. Over 20,000 articles of the Constitution and introduced Albanians sought asylum in the EU. new legislation to ensure the independence and impartiality of the judiciary and to ENFORCED DISAPPEARANCES prevent political intervention and corruption. The authorities made no progress in bringing to justice those responsible for the enforced REFUGEES AND ASYLUM-SEEKERS disappearance in 1995 of Remzi Hoxha, an Over 1,000 asylum applications were ethnic Albanian from Macedonia. His fate submitted to the authorities as border and whereabouts remained unknown. closures in Greece and Macedonia prompted The government started to co-operate with people to seek protection in Albania. Some the International Commission on Missing refugees and migrants arriving from Greece Persons to locate and identify the remains of were summarily returned. Albanians forcibly disappeared under the An estimated 20,000 Albanians applied for communist governments between 1944 and asylum in EU countries, the majority of them 1991; however, by the end of 2016, new in Germany, but most of them were rejected. exhumations were yet to be carried out. An In July, the European Parliament proposed estimated 6,000 persons remained an EU common list of “safe countries of disappeared. origin” to process asylum applications. The list included Albania. This raised concerns HOUSING RIGHTS – FORCED EVICTIONS about fair and individualized asylum In June, the local authorities in Tirana processes for Albanians. threatened to forcibly evict over 80 families − mainly Roma and Egyptian − living in the TORTURE AND OTHER ILL-TREATMENT area of Bregu i Lumit, an area at risk of being Prisons flooded by the Tirana River. The authorities In March, the European Committee for the failed to provide adequate notice, genuine Prevention of Torture (CPT) expressed consultation and alternative housing. concerns over detention conditions in Following the intervention by housing activists Albania. The CPT documented numerous and the Albanian Ombudsperson, evictions reports by detainees – including juveniles – of were temporarily suspended at the end of ill-treatment by police officers, in some cases September. As part of an “intervention plan”, amounting to torture. It also noted that proposed by the Mayor of Tirana, the families detention conditions remained poor in several were given options on their eviction and locations across the country, and that resettlement. By the end of the year, it progress was lacking in health care, activities remained unclear if all families would be able and specialized care provided to prisoners. to access resettlement and if the offered alternatives were adequate and sustainable. Children’s rights In May, the torture or other ill-treatment of JUSTICE SYSTEM children, including sexual abuse of girls, in In June, a judge suspended the chief of the an orphanage in the town of Shkodra, caused national police for abuse of power and a national scandal after the district

62 Amnesty International Report 2016/17 prosecutor revealed the scale of the abuse. other ill-treatment, counter-terrorism, Five persons, including the former director of enforced disappearance and freedoms of the orphanage, were arrested. association and peaceful assembly. The authorities also continued to prevent international organizations, including Amnesty International, from conducting ALGERIA human rights fact-finding visits. People’s Democratic Republic of Algeria Head of state: Abdelaziz Bouteflika FREEDOMS OF ASSOCIATION AND Head of government: Abdelmalek Sellal ASSEMBLY The authorities continued to leave many civil The authorities continued to restrict the society associations, including Amnesty rights to freedom of expression, association, International Algeria, in legal limbo by failing assembly and religion, and prosecuted to acknowledge their registration applications. peaceful critics, including human rights Such applications were required under Law defenders, in unfair trials. Refugees and 12-06 on associations, which imposed wide- migrants were arbitrarily expelled. Impunity ranging arbitrary restrictions on associations for past serious abuses continued to prevail. and exposed members of unrecognized Courts handed down death sentences; no associations to up to six months’ executions were carried out. imprisonment and fines. The authorities tightly restricted freedom of BACKGROUND assembly, maintaining a ban on all In January, the government dissolved the demonstrations in the capital, Algiers, under Department for Information and Security a decree from 2001, and arresting and (DRS), the main security agency previously prosecuting peaceful protesters. associated with torture and other ill-treatment In January a court in Tamanrasset of detainees. It was replaced with a Security imposed fines and one-year prison sentences Services Directorate that reports directly to on seven peaceful protesters convicted of the President. “unarmed gathering” and “offending public Also in January, changes to the Code of institutions” for protesting in December 2015 Criminal Procedure came into effect, about a local land dispute. Six of the seven including new witness protection measures, protesters were released in July under a limits to the right to appeal in minor offence presidential pardon. The seventh, activist cases and amendments allowing suspects to Dahmane Kerami, remained in prison serving contact lawyers immediately when they are a one-year sentence in a separate case. He taken into police custody. The changes did was convicted of participating in “unarmed not give suspects the right to have their gatherings” and “obstructing traffic” during lawyer present during interrogation. peaceful protests in Tamanrasset in 2015 Constitutional amendments adopted in against shale gas fracking and in support of February included the creation of a National workers laid off by a local gold mining Human Rights Council to replace the company. He was released on 31 December National Consultative Commission for after serving his sentence.2 Promotion and Protection of Human Rights. In March, a court sentenced activist Other amendments included making Abdelali Ghellam to one year in prison and a Tamazight a national language, thus fine after convicting him of inciting others to enhancing the cultural rights of the Amazigh participate in an “unarmed gathering” and population.1 “obstruct traffic”. The charges related to The authorities continued to block access comments about the protest in Tamanrasset to Algeria by UN human rights mechanisms, that he published on Facebook. He was including those with mandates on torture and released in April.

Amnesty International Report 2016/17 63 FREEDOM OF EXPRESSION FREEDOM OF RELIGION AND BELIEF The authorities prosecuted peaceful critics From June onwards, the authorities targeted and forced the closure of media outlets. members of the Ahmadi Muslim community, In March, a court in Tlemcen convicted arresting more than 50 in Blida and Skikda and fined Zoulikha Belarbi, a member of the provinces and other parts of the country on Algerian League for the Defence of Human account of their faith, according to media Rights (LADDH), for defamation and for reports and civil society groups. Soon after “offending” the President and a public body. the June arrests in Blida, the Minister of The charges related to her publishing a Religious Affairs publicly accused Ahmadis of satirical collage on Facebook depicting “extremism” and of serving foreign interests. President Bouteflika and senior officials. A In November, a court in Skikda sentenced 20 six-month prison term was added to her Ahmadis to fines and prison terms ranging sentence on appeal in December. from one month to one year; at the end of the In June, the authorities arrested the year they remained at pending appeal. director and the producer of the private In August, a court sentenced Christian Khabar Broadcasting Corporation and a convert Slimane Bouhafs from Setif to five Ministry of Communication official in years in prison for “denigrating” Islam and connection with two popular satirical current “insulting” the Prophet Muhammad in affairs programmes. The three were detained comments he posted on Facebook. An for several weeks before a court sentenced appeal court reduced the sentence to three them to suspended prison terms of between years’ imprisonment.6 six months and one year for licensing irregularities. Gendarmes sealed the HUMAN RIGHTS DEFENDERS recording studios in July, forcing both shows The authorities harassed and prosecuted off the air.3 human rights defenders. In March, a court in In July, a court sentenced freelance Ghardaia charged lawyer Noureddine journalist Mohamed Tamalt to two years’ Ahmine with “insulting a public institution” imprisonment after convicting him of and falsely reporting an offence, in relation to “offending” the President and public a complaint of torture that he had filed, institutions in comments he published on apparently on behalf of a client, in 2014. Facebook and in his about corruption Noureddine Ahmine had defended many and nepotism among leading officials. An protesters and journalists facing charges appeal court confirmed his sentence in arising from their peaceful exercise of their August, following a hearing at which he human rights. accused prison guards of beating him. He In June, an investigative judge in Ghardaia began a protest hunger strike at the time of issued an arrest warrant against lawyer Salah his arrest in June, became comatose in Dabouz, a member of LADDH, in relation to August, and died in hospital in December. comments he made about unrest in Ghardaia The authorities failed to adequately and for allegedly taking a computer and investigate his alleged beating in detention, camera into a prison. his treatment in prison and his death.4 In November, a court in El Bayadh JUSTICE SYSTEM sentenced Hassan Bouras, a journalist and Dozens of people arrested in connection with human rights activist, to one year in prison on communal violence in 2015 in the Mzab charges of complicity in offending public region remained in pre-trial detention officials and a public body after a private throughout 2016 as the authorities television station broadcast film of him investigated them on charges of terrorism interviewing three people alleging police and and inciting hatred. They included political judicial corruption.5

64 Amnesty International Report 2016/17 activist Kameleddine Fekhar and other the security forces killed 125 alleged supporters of regional autonomy. members of armed groups but disclosed few In March the UN Human Rights details, raising concern that some may have Committee found that Algeria had violated been extrajudicially executed. Articles 2, 7 and 9 of the ICCPR. Its findings In March, the armed group calling itself al- related to the failure to investigate allegations Qa’ida in the Islamic Maghreb claimed by businessman Mejdoub Chani that DRS responsibility for a rocket attack on a gas officers had detained him incommunicado production site in Khrechba. No casualties and tortured him during interrogation were reported. following his arrest for corruption and money laundering in 2009. He remained in prison at IMPUNITY the end of the year awaiting the outcome of The government continued to allow impunity appeals to the Supreme Court. for serious human rights abuses committed during the 1990s, by failing to investigate WOMEN’S RIGHTS past abuses and hold those responsible to The Family Code continued to discriminate account. The unlawful killings, enforced against women in matters of marriage, disappearances, rape and other torture divorce, child custody and guardianship, and committed by the security forces, as well as inheritance. Women and girls remained some abuses committed by armed groups, inadequately protected against gender-based may amount to crimes against humanity.7 violence in the absence of a comprehensive law. The Penal Code continued to prohibit DEATH PENALTY rape without defining it or explicitly Courts continued to impose death sentences. recognizing marital rape as a crime, and No executions have been carried out since allowed men who rape girls under the age of 1993. 18 to escape trial by marrying their victim. The Penal Code also continued to criminalize 1. Algeria: Constitution needs stronger human rights safeguards (MDE abortions. 28/3366/2016) 2. Algeria: Further information: Six protesters released, one remains REFUGEES’ AND MIGRANTS’ RIGHTS imprisoned (MDE 28/4437/2016) The government again failed to enact 3. Algeria: End media restrictions (MDE 28/4369/2016) legislation protecting the right to asylum. 4. Algeria: Further information: Health concern for British-Algerian Clashes between local residents and journalist: Mohamed Tamalt (MDE 28/4738/2016) migrants from sub-Saharan Africa occurred 5. Algeria: One year in prison for denouncing corruption: Hassan Bouras in Bechar and Ouargla in March, in (MDE 28/5299/2016) Tamanrasset in July, and in Algiers in 6. Algeria: Further information: Prisoner of conscience remains in November. detention: Slimane Bouhafs (MDE 28/4783/2016) In December, security forces arrested an 7. Algeria: Time to end impunity for past and present abuses (MDE estimated 1,500 sub-Saharan African 28/3521/2016) migrants and refugees in Algiers, and arbitrarily expelled hundreds of them to neighbouring Niger within days. Those not ANGOLA expelled were released in the southern city of Tamanrasset and reported being barred from Republic of Angola public transport to prevent them returning to Head of state and government: José Eduardo dos Algiers. Santos

COUNTER-TERROR AND SECURITY The worsening economic crisis triggered Security forces and armed opposition groups price rises for food, health care, fuel, clashed in several areas. The authorities said recreation and culture. This led to

Amnesty International Report 2016/17 65 continued demonstrations expressing from two years and three months to eight and discontent and restrictions on the rights to a half years, fined 50,000 kwanzas (US$300) freedom of expression, association and for court costs and jailed. The security forces peaceful assembly. The government had arrested and detained 15 of the activists misused the justice system and other state between 20 and 24 June 2015 in the capital, institutions to silence dissent. Housing Luanda, after they attended a meeting to rights and the right to health were violated. discuss political issues and governance concerns in the country. The two others, both BACKGROUND women, were also charged, but only detained The drop in the price of oil put Angola’s oil- after sentencing. Immediately after the dependent economy under severe pressure, convictions, the activists’ lawyers lodged two prompting the government to cut the budget appeals – one before the Supreme Tribunal by 20% and seek support from the and the other before the Constitutional Court. International Monetary Fund (IMF). In July, They also lodged a writ for habeas corpus, the UN Committee on Economic, Social and which was heard by the Supreme Tribunal on Cultural Rights (CESCR) expressed concern 29 June: the Tribunal ordered the conditional at regressive austerity measures by the state, release of the 17 activists pending a final including insufficient allocation of resources decision on their case. to the health sector. On 20 July, the National Assembly On 2 June, President José Eduardo dos approved an amnesty law relating to crimes Santos appointed his daughter Isabel dos committed up to 11 November 2015, Santos as head of the state oil company including the Angola 17 case. Some of the 17 Sonangol, the biggest source of state revenue stated that as they had committed no crime and central to an extensive system of they did not want to be granted amnesty. The patronage. 17 were prisoners of conscience, imprisoned In August, the ruling People’s Movement and convicted solely for the peaceful exercise for the Liberation of Angola (MPLA) re- of their rights. elected José Eduardo dos Santos as its leader Two youth activists were punished for for a further five years, even though in March criticizing proceedings during the trial. On 8 he had announced his intention to step down March, Manuel Chivonde Nito Alves, one of from politics in 2018. He has been President the Angola 17, said out loud in court, “This since 1979. trial is a farce”. He was found guilty of contempt of court, sentenced to six months JUSTICE SYSTEM in prison and fined 50,000 kwanzas.1 On 5 Politically motivated trials, criminal July, the Constitutional Court ruled on appeal defamation charges and national security that the trial had violated some of his laws continued to be used to suppress constitutional rights and ordered his release. human rights defenders, dissent and other The same words were said in court on 28 critical voices. The acquittal of human rights March by another young activist, Francisco defenders and release of prisoners of Mapanda (also known as Dago Nível conscience were positive steps, but the gains Intelecto). He too was found guilty of remained fragile without structural legislative contempt of court and sentenced to eight reform and full commitment to international months in prison. He was released on 21 human rights law and standards. November, seven days earlier than scheduled.2 Prisoners of conscience On 28 March, 17 youth activists known as Human rights defenders the Angola 17 were convicted of “preparatory Human rights defender and former prisoner acts of rebellion” and “criminal conspiracy”. of conscience José Marcos Mavungo was They were sentenced to prison terms ranging released on 20 May following an appeal

66 Amnesty International Report 2016/17 before the Supreme Tribunal. The Tribunal Benguela Revolutionary Movement to found that there was insufficient evidence to demand effective measures against inflation. convict him. José Marcos Mavungo had been All were released without charge. A few days sentenced to six years in prison on 14 later, four of the activists were rearrested, September 2015 for “rebellion”, a state again without a warrant. They were released security offence. He had been in detention on bail. They had not been formally charged since 14 March 2015 for involvement in by the end of the year, but the Public organizing a peaceful demonstration. Prosecutor told them that they were On 12 July, Cabinda Provincial Tribunal suspected of aggravated robbery, drug- dismissed the charges against human rights trafficking and violence against MPLA defender and former prisoner of conscience supporters.3 No one was held to account for Arão Bula Tempo. He had been arrested on the arbitrary arrests and detentions.4 14 March 2015 and conditionally released two months later. He was charged with FREEDOM OF EXPRESSION “rebellion” and “attempted collaboration with On 18 November, the National Assembly foreigners to constrain the Angolan state”, approved five draft bills (Press Law, both categorized as state security offences. Journalist’s Statute, Radio Broadcasting Law, The charges were based on allegations that Television Law and Social Communications Arão Bula Tempo had invited foreign Regulatory Body Law) that will further restrict journalists to cover the 14 March protest freedom of expression. Opposition parties, being planned by José Marcos Mavungo. the Union of Angolan Journalists and other civil society actors criticized the bills for FREEDOM OF ASSOCIATION enabling tighter government control over Civil society organizations working on human television, radio, the press, social media and rights issues, such as OMUNGA and SOS- the internet. Habitat, faced undue restrictions on Among the changes proposed was the accessing their own funds, including from creation of a social communications international sources. Banks prevented the regulatory body with wide regulatory and organizations from accessing their accounts. oversight competences, including This not only hampered their legitimate work determining whether or not a given but also undermined the right of associations communication meets good journalistic to seek and secure resources, and had a practices. Such a provision would amount to broader impact on human rights in general. prior censorship and would hinder the free Despite their complaints to government flow of ideas and opinions. The majority of institutions in charge of overseeing banking the regulatory body’s members were to be activities, no response had been received by nominated by the ruling party and the party the end of the year. with the most seats in the National Assembly (MPLA in both cases), raising concerns that the body would be a political institution that The authorities frequently refused to allow silences critical voices and dissent. peaceful demonstrations to take place, even though they do not require prior authorization RIGHT TO HEALTH – YELLOW FEVER in Angola. When demonstrations did take OUTBREAK place, police often arbitrarily arrested and An outbreak of yellow fever, first reported in detained peaceful protesters. Luanda in the last quarter of 2015, continued On 30 July, more than 30 peaceful into the second half of 2016 and included activists were arbitrarily arrested and suspected cases in all of the country’s 18 detained for up to seven hours in the city of provinces. Of the 3,625 cases reported in this Benguela. They were planning to take part in period, 357 resulted in death. The outbreak a peaceful demonstration organized by the was made worse by a vaccine shortage at the

Amnesty International Report 2016/17 67 major public hospital in Luanda where cases criminalization of sexual and reproductive were first diagnosed. The UN CESCR rights intensified. Discrimination against recommended that Angola increase Indigenous Peoples continued. resources to the health sector, particularly to improve infrastructure and expand health BACKGROUND care facilities especially in rural areas. The National Congress passed the Law on Access to Public Information (Law 27.275). HOUSING RIGHTS – FORCED EVICTION The National Council of Women presented In its 2016 review of Angola, the UN CESCR the National Action Plan for the Prevention, expressed concern at the persistence of Assistance and Eradication of Violence forced evictions, including from informal against Women. settlements and during development In June and October, mass protests took projects, without the necessary procedural place under the slogan “Not One Less” over guarantees or the provision of alternative pervasive violence against women, femicide housing or adequate compensation to the and the lack of public policies to address the affected individuals and groups. situation. Communities were resettled in makeshift Argentina was subject to the scrutiny of homes without adequate access to basic the UN Human Rights Committee, the UN services such as water, electricity, sanitation, Committee on the Elimination of health care and education. Discrimination against Women (CEDAW On 6 August, a military officer shot dead Committee), and the UN Committee on the 14-year-old Rufino Antônio, who was Elimination of Racial Discrimination. standing in front of his home in an attempt to prevent its demolition. The military police had SEXUAL AND REPRODUCTIVE RIGHTS been deployed there that day to deal with a In April, a woman from the Tucumán demonstration against the demolition of province was found guilty of “murder” and houses in Zango II, Viana in sentenced to eight years in prison after Luanda, in the context of a development suffering a miscarriage in a hospital, project. Those suspected of the killing had according to her clinical record. She was not been brought to justice by the end of the reported to the police by hospital staff for year. purportedly inducing an abortion and held in pre-trial detention for over two years. She was first charged with undergoing an illegal 1. Urgent Action: Angolan activist convicted after unfair trial: Manuel Chivonde Nito Alves (AFR 12/3464/2016) abortion and then with aggravated murder for 2. Urgent Action: Further information: Angolan activist released a week the premeditated killing of a close relative (a early: Francisco Mapanda (AFR 12/5205/2016) crime that carries prison sentences of up to 3. Urgent Action: Angola: Four youth activists detained without charge 25 years). In August, the UN Human Rights (AFR 12/4631/2016) Committee expressed concern regarding this 4. Amnesty International, OMUNGA and Organização Humanitária case, recommending that the government Internacional (OHI) urge Angolan authorities to respect the rights to consider decriminalizing abortion and calling freedom of expression and peaceful assembly (AFR 12/4590/2016) for her prompt release. The Committee further called on Argentina to liberalize its laws on abortion, to ensure that all women ARGENTINA and girls have access to reproductive health services, and “that women are not obliged, as Argentine Republic a consequence of legal obstacles, the Head of state and government: Mauricio Macri exercise of conscientious objection of health workers or the lack of medical protocols, to Women and girls faced obstacles in resort to clandestine abortions that put their accessing legal abortions; the lives and health at risk”. The Tucumán

68 Amnesty International Report 2016/17 Supreme Court ultimately ordered the to liberty, freedom of movement and the woman’s release that month but had to issue protection from arbitrary detention. a final ruling on the eight-year sentence During the Leaders’ Summit on Refugees imposed on her by the lower court. in New York, USA, in September, Argentina In July, a 12-year-old girl from the Wichí pledged to receive 3,000 Syrian refugees, Indigenous community was raped by a group prioritizing families with children. At the end of non-Indigenous men. The rape resulted in of the year, details of the resettlement a pregnancy which she was forced to programme remained unspecified. continue, despite the fact that her parents had reported the rape. At 31 weeks, the girl IMPUNITY was allowed to have a caesarean section only Public trials were held for crimes against because the pregnancy was unsustainable. humanity during the military regime between In November, the CEDAW Committee 1976 and 1983. Between 2006 and urged Argentina to ensure that all provinces December 2016, 173 rulings had been approve protocols to facilitate access to legal issued, bringing the total number of those abortion; ensure that women have access to convicted to 733. safe legal abortion and post-abortion services In May, a historic sentence was passed and take definitive steps to prevent “the on the “Plan Cóndor” case, a co-ordinated blanket use of conscientious objection by intelligence plan launched in the 1970s by doctors refusing to perform abortions, the de facto governing military regimes in considering in particular the situation of early Argentina, Brazil, Bolivia, Chile, Paraguay pregnancies as a result of rape and incest and Uruguay. Reynaldo Bignone, the last de that may amount to torture”; and “accelerate facto President of Argentina at the time, was the adoption of the draft law for the voluntary sentenced to 20 years’ imprisonment. A interruption of pregnancy increasing legal further 14 military leaders were sentenced to access to abortion”. imprisonment. In August, the sentence on the “La Perla” historical trial – which INDIGENOUS PEOPLES’ RIGHTS included clandestine centres in Córdoba Although the Constitution recognizes the Province – was rendered, sentencing 28 rights of Indigenous Peoples to their ancestral perpetrators to life imprisonment. Nine lands and to participate in the management sentences were passed for between two of natural resources, the majority of and 14 years’ imprisonment and Indigenous communities remained without six acquittals. legal acknowledgment of their land rights. By December, the Bicameral Commission Indigenous Peoples reported over 200 to identify economic and financial interests cases of violations of their human rights to that had colluded with the military land, participation and consultation, equality dictatorship, created by Law 27.217 in 2015, and non-discrimination and access to justice, had not been established. among other rights. The public hearing continued of the cover- 2016 marked seven years of impunity in up of the investigation into the 1994 attack the case of Javier Chocobar, leader of the on the Jewish Mutual Association of Chuschagasta Indigenous community, who Argentina (AMIA) building, in which 85 was killed for peacefully defending his land in people were killed. Among those accused the Northern Province of Tucumán. were former President Carlos Menem, a former judge and other former officials. The REFUGEES’ AND MIGRANTS’ RIGHTS main case relating to the attack had been In August, the National Migration Directorate stalled since 2006. In August, the AMIA and the Ministry of Security announced the Prosecutorial Investigation Unit identified establishment of a detention centre for Augusto Daniel Jesús as the final victim who migrants. This did not comply with the rights still had to be identified.

Amnesty International Report 2016/17 69 FREEDOMS OF EXPRESSION AND ASSEMBLY ARMENIA Reports of unnecessary and excessive use of Republic of Armenia force by security forces in the context of Head of state: Serzh Sargsyan public protests continued. Head of government: Karen Karapetyan (replaced Hovik On 16 January, the social leader Milagro Abrahamyan in September) Sala was arrested and charged for protesting peacefully in Jujuy in December 2015. Police used excessive force to suppress Despite her release being ordered in this largely peaceful demonstrations in the case, further criminal proceedings were then capital, Yerevan, in July. Hundreds of initiated against her in order to keep her in individuals were arbitrarily arrested. Many detention. In October the UN Working Group reported being injured, beaten or otherwise on Arbitrary Detention concluded that her ill-treated during the arrest and while in detention was arbitrary and asked for her detention. immediate release. On 17 February, the “Protocol on State BACKGROUND Security Force Conduct during Public The year was marked by economic and Protests” was published, issued by the political volatility, and growing security National Ministry of Security, stating that concerns linked to the outbreak of large-scale forces should repress and the justice system military confrontation in April in Nagorno- criminally prosecute those exercising their Karabakh, the breakaway region of right to peaceful assembly. Azerbaijan supported by Armenia. On 8 On 31 March, the Buenos Aires Public September, Prime Minister Abrahamyan Prosecutor’s Office issued judgment FG N resigned, citing his government’s failure to 25/2016, which led to serious risks of undue address economic and political challenges. restriction on the right to peaceful assembly. On 13 September, President Sargsyan appointed former Yerevan Mayor Karen HUMAN RIGHTS DEFENDERS Karapetyan as the new Prime Minister. The human rights defender Rubén Ortiz was threatened and intimidated over his support EXCESSIVE USE OF FORCE for the rights of peasant farmer (campesino) On 17 July a group of armed men stormed a communities in the Province of Misiones. An police compound in the Erebuni district of investigation process was ongoing at the end Yerevan, killing one police officer, injuring two of the year. and taking several as hostages. Following the seizure of the compound, TORTURE AND OTHER ILL-TREATMENT hundreds gathered at the Liberty Square to The National Committee for the Prevention of show solidarity with the gunmen and join Torture had not been established by the end their calls for the release of the imprisoned of the year, despite government regulation of opposition activist Jirair Sefilian – who had the National System for the Prevention of been charged with illegal arms possession – Torture, comprising legislators, government and to call for the resignation of the authorities and representatives of civil society President. A two-week-long standoff with organizations. The duties of the Committee police sparked widespread anti-government included visits to detention centres, protests in Yerevan, resulting in several prevention of prison overpopulation and clashes with the police. The protests took regulations on transfers. place daily and dwindled after the hostage- takers surrendered on 30 July. While police allowed peaceful gatherings in most instances, they regularly detained protesters

70 Amnesty International Report 2016/17 and others. On several occasions, protests in activists, were brought to police stations, Yerevan were dispersed with excessive force. without being formally arrested. Activists On 20 July, clashes ensued after police reported that police visited their family refused to allow protesters to pass food to the homes, threatened their family members with armed group inside the compound. Some arrests and conducted illegal searches. protesters started pushing police officers and Activists were questioned and held in police throwing stones and water bottles. Police stations, some for more than 12 hours, and responded by using stun grenades and tear released without charge. They were not gas indiscriminately and injured many allowed to notify their families or relatives of peaceful protesters and bystanders. Police their whereabouts and were denied access to then started dispersing the rally and arresting their lawyers. participants. Several eyewitnesses said that police officers chased and beat fleeing TORTURE AND OTHER ILL-TREATMENT demonstrators before arresting them; Torture and other ill-treatment by police and 136 people were reported detained, dozens in detention facilities continued to be widely injured. reported. 0n 29 July police used excessive force In February, the Nubarashen prison against peaceful demonstrators in Sari-Tagh, administration forced imprisoned activist near the seized compound. The police Vardges Gaspari to undergo a psychiatric warned the crowd to disperse; shortly examination after he alleged that the afterwards they fired tear gas and threw stun administration had ordered his cellmates to grenades indiscriminately, wounding dozens beat, threaten and pour cold water on him. of demonstrators and some journalists. A During the July events, a number of group of men armed with wooden batons activists reported being denied access to then moved into the crowd from behind the water, medicine and necessary medical aid police line and ambushed and beat after being detained by the police for demonstrators and journalists. Meanwhile, participating in protests; in some cases they the police blocked the street to prevent the were held for more than 12 hours without crowd from fleeing and proceeded to arrest charge. Several individuals reported being all demonstrators. At least 14 journalists severely beaten or otherwise ill-treated at the reported being deliberately targeted by stun time of arrest and in detention, and grenades and beaten to prevent them from prevented from notifying their relatives and live reporting. At least 60 people were lawyers of their whereabouts. reported injured and hospitalized, including with severe burns from exploding grenades. SEXUAL AND REPRODUCTIVE RIGHTS During the following weeks, five police In July, the government changed the law on officers were suspended for using excessive abortion to ban sex-selective abortion force; the head of Yerevan police was between the 12th and 22nd weeks of dismissed and 13 police officers, including pregnancy. The new law introduced a some of high rank, were formally mandatory three-day waiting period and reprimanded for “failing to prevent violent counselling for women after they had made attacks on protesters and journalists”. the initial appointment for an abortion. Some Investigations into both incidents were women’s groups raised concerns that the ongoing at the end of the year. waiting period might be used to discourage women from having abortions and result in ARBITRARY ARRESTS AND DETENTIONS increased corruption, unsafe abortions and, Following the events of 17 July, police consequently, an increase in maternal summoned political activists for questioning. mortality. According to reports by the United According to media reports, around 200 Nations Population Fund (UNFPA) sex- individuals, mostly opposition supporters and

Amnesty International Report 2016/17 71 selective abortions were “prevalent” in announcement of a Royal Commission into Armenia. youth detention in the Northern Territory and an independent review in Queensland. Indigenous adults were 15 times more likely to be jailed than non-Indigenous adults. AUSTRALIA At least five Indigenous people died in Australia custody in various states and territories Head of state: Queen Elizabeth II, represented by Peter throughout the year. Cosgrove Head of government: Malcolm Turnbull REFUGEES AND ASYLUM-SEEKERS In April, the Papua New Guinea Supreme The justice system continued to fail Court ruled that the detention of around 900 Indigenous people, particularly children, men held in the Australian-run facilities on with high rates of incarceration, reports of Papua New Guinea’s Manus Island was abuse and deaths in custody. Australia unlawful and ordered that they be closed maintained its hardline policies of confining immediately. No timeframe had been made people seeking asylum in offshore public for the closure of the centres by either processing centres in Papua New Guinea the Australian or Papua New Guinean and Nauru, and turning back those governments by the end of the year (see attempting to reach Australia by boat. Papua New Guinea entry). Counter-terror measures violated basic As of 30 November, there were 383 human rights. people, of whom 44 were children, 49 women and 290 men, in an offshore INDIGENOUS PEOPLES’ RIGHTS processing centre on Nauru, where they Indigenous children were 24 times more continued to suffer neglect, ill-treatment and likely to be detained than non-Indigenous other abuse in a deliberate policy to deter children. Despite the recommendation by the asylum-seekers from trying to reach Australia UN Committee on the Rights of the Child that by boat (see Nauru entry).2 the international minimum age of criminal Around 320 people taken to Australia for responsibility should be 12, the age was 10 medical treatment remained at risk of being throughout Australia. Children aged 10 or 11 returned to either Nauru or Manus Island. were detained in every state except In November, the Australian government Tasmania. Nearly three quarters of them were announced that some of the refugees Indigenous children. detained on Nauru and Papua New Guinea’s Contrary to Article 37(c) of the UN Manus Island, would be resettled in the US. Convention on the Rights of the Child, 17- During the year, at least three boats year-olds were tried as, and jailed with, adults carrying asylum-seekers were returned in the state of Queensland. The Queensland directly to Sri Lanka. In June a boat was government passed legislation to change this returned to Viet Nam before the passengers’ in November. In December, the Court of claims for asylum had been adequately Appeal in Victoria found the detention of assessed. An unspecified number of boats children in an adult prison to be unlawful and were turned back to Indonesia. ordered their transfer to a youth justice Australia continued its policy of mandatory facility. Instead, the Victorian government indefinite detention of asylum-seekers. As of officially renamed part of the adult prison a 30 November, 1,414 people were held in youth facility. onshore detention. Leaked footage exposed abuse and other More than a year after Australia ill-treatment of children in detention in the announced it would resettle an additional Northern Territory. Similar abuses were 12,000 Syrian and Iraqi refugees, nearly reported in Queensland.1 This led to the 8,400 refugees had arrived by December.

72 Amnesty International Report 2016/17 requested asylum in Austria. Almost 32,300 RIGHTS OF LESBIAN, GAY, BISEXUAL, applications were deemed admissible. In the TRANSGENDER AND INTERSEX PEOPLE same period in 2015, approximately 81,000 Despite overwhelming support from the people had requested asylum. public, there was still no legislation on In April, Parliament passed an amendment marriage equality. Under the current law, to the Asylum Act granting the government marriage is permissible only between a man the power to declare a threat to public order and a woman. and security when high numbers of asylum- seekers were entering the country. This COUNTER-TERROR AND SECURITY decree would trigger a fast-track asylum New counter-terror laws were proposed and procedure in which border police would passed. Among those proposed was a determine the admissibility of applications for continuing detention order allowing for international protection. Police would also detention beyond expiry of sentence. forcibly return asylum-seekers who had Legislative changes allowed for children as crossed the border to neighbouring countries young as 14 years old to be put under control of transit without being required to provide a orders, reduced from 16 years. Citizenship reasoned justification. Asylum-seekers would laws with the potential to make people only be able to appeal from abroad as the stateless came into effect. appeals would be non-suspensive. The implementation of the amendment could result in the violation of the principle of non- 1. Australia: Reforms to justice system essential to protect the rights of Indigenous youth (NWS 11/4730/2016) refoulement and the right to have access to a 2. Australia: Appalling abuse, neglect of refugees on Nauru (NWS fair and efficient asylum procedure. At the 11/4586/2016) end of the year, the government had not triggered the procedure. The amendment also severely limits the possibilities for refugees and beneficiaries of AUSTRIA subsidiary protection to obtain family Republic of Austria reunification. Head of state: (until 8 July 2016), then While conditions in some reception centres jointly (ad interim) Doris Bures, , Norbert improved, asylum procedures continued to Hofer be inadequate in identifying and assisting Head of government: Christian Kern (replaced Werner persons with specific needs, such as victims Fayman in May) of torture, human trafficking, or gender-based violence. Support services, including health The number of asylum claims registered care for persons in need of special care, dropped by half compared to the previous including unaccompanied minors, remained year. However, in April Parliament gave the insufficient. power to the government to rely on an emergency procedure to curtail the number DISCRIMINATION of asylum-seekers in the country. A new law In June, the authorities expressed concern granted far-reaching surveillance and regarding racially motivated attacks on investigative powers to the intelligence asylum shelters. In the same month, an agency. asylum shelter was set alight before its official opening in the town of Altenfelden. In the first REFUGEES’ AND MIGRANTS’ RIGHTS six months of the year, the Ministry of Interior In January, the government announced a cap reported almost as many criminal offences on the number of asylum applications for against asylum shelters (24) as for the whole 2016 at 37,500. Between January and of 2015 (25). November, approximately 39,600 people

Amnesty International Report 2016/17 73 In June, an intersex person filed a complaint following the refusal by the civil BACKGROUND registry office in Steyr to register their gender Azerbaijan’s oil-dependent economy was as neutral (neither male nor female). The deeply affected by falling oil prices and the case was pending before the Administrative decline of its currency, the manat, by half of Court of Upper Austria at the end of the year. its value. Food prices rose without an In August, several authorities, including equivalent rise in wages. From early January, the Federal Chancellor, expressed support for spontaneous, and in most cases peaceful, the right of same-sex couples to marry. protests against the devaluation of the manat However, no legislative amendments were and consequent price hikes spread across tabled to this effect. the country. The protests were clamped down on by police and security forces. On COUNTER-TERROR AND SECURITY 18 January, President Aliyev signed a decree In July, the Police State Protection Act increasing the minimum pension and salaries entered into force. The new legislation grants of state employees by 10%. The measure far-reaching surveillance and investigative remained insufficient to address the decline powers to the domestic intelligence agency, in living standards. the Federal Office for the Protection of the In April, hostilities escalated between Constitution and the Fight against Terrorism. Azerbaijan and the Armenia-backed break- In particular, the Office can collect and store away Nagorno-Karabakh region. The fighting personal data from a wide variety of sources lasted four days and resulted in civilian and and launch investigations without informing military casualties on both sides and small the affected individuals. The lack of judicial territorial gains by Azerbaijani forces. oversight and the discretion with which the In September, a referendum approved Office can exercise its powers raised proposed amendments to the Constitution, concerns regarding the respect of the rights giving further powers to the President. The to privacy and to an effective remedy, among amendments extended the presidential term others. and granted the President the authority to declare early Presidential elections and to dissolve Parliament. In November, the EU Council approved a AZERBAIJAN new mandate for the negotiation of a Republic of Azerbaijan “comprehensive” agreement with Azerbaijan Head of state: Ilham Aliyev to replace the 1996 Partnership and Co- Head of government: Artur Rasizade operation Agreement (PCA) which governed EU-Azerbaijan bilateral relations. The political Some prisoners of conscience were dialogue under the PCA had been halted in released, but at least 14 remained in recent years as Azerbaijan’s human rights prison. Most human rights organizations record continued to deteriorate. forced to suspend their activities in previous years were unable to resume their PRISONERS OF CONSCIENCE work. Reprisals against independent Government critics continued to be journalists and activists persisted. incarcerated. In the early part of the year, International human rights monitors were several high-profile prisoners convicted denied access to Azerbaijan. Torture and following politically motivated trials were other ill-treatment was widely reported, as released, among them at least 12 prisoners well as arbitrary arrests of government of conscience. None of those released were critics. cleared of criminal charges. Following its visit to Azerbaijan in May, the UN Working Group on Arbitrary Detention noted that “human

74 Amnesty International Report 2016/17 rights defenders, journalists, political and journalists, some reporting from abroad, were religious leaders continue to be arbitrarily also under investigation. Those working in detained”. Azerbaijan received travel restrictions Some released prisoners of conscience, prohibiting them from leaving the country. including journalist Khadija Ismayilova and The criminal investigations against them were human rights lawyer Intigam Aliyev, were ongoing at the end of the year. banned from travelling abroad; most were In November, Afgan Sadykhov and Teymur effectively barred from continuing their work. Kerimov, two journalists reporting on social The criminal cases opened in 2014 and issues, were detained and charged with 2015 against a group of prominent NGOs, assault after they were attacked by which were used as a pretext to arrest several unidentified persons. prisoners of conscience for tax evasion and Zamin Gadji, a journalist with the fraud, remained open at the end of the year. opposition newspaper Yeni Musavat, was On 10 May, youth activists Giyas Ibrahimov summoned and threatened by police at Baku and Bayram Mammadov were detained on police station on 28 November over a trumped-up drug-related charges after they Facebook post criticizing the government’s painted political graffiti on a statue of failure to investigate high-profile Azerbaijan’s former President Heydar Aliyev. murder cases. They were sentenced to 10 years’ On 29 November, Parliament approved imprisonment on 25 October and 8 amendments to the Criminal Code December respectively. criminalizing online insults against the On 18 November, the Supreme Court honour and dignity of the President. The new rejected the appeal by prisoner of conscience law provided for fines and imprisonment for Ilgar Mammadov, upholding his seven-year up to three years. prison sentence. The sentence was upheld despite a European Court of Human Rights FREEDOM OF ASSOCIATION ruling that found Ilgar Mammadov had been Most of the leading Azerbaijani human rights arrested without any evidence, and repeated NGOs were unable to resume their work calls by the Committee of Ministers of the following the freezing of their assets and Council of Europe for his release. ongoing harassment of their members, At the end of the year, at least 14 prisoners including criminal prosecution. Several NGO of conscience remained in prison. Local leaders convicted of trumped-up charges human rights activists estimated that more remained in prison; others were forced into than 100 people remained imprisoned on exile for fear of persecution. politically motivated charges. Early in the year, the government unfroze the bank accounts of eight NGOs involved in FREEDOM OF EXPRESSION the Extractive Industries Transparency All mainstream media remained under Initiative (EITI), an international group government control; independent outlets promoting open and accountable continued to come under pressure from the management of extractive resources. The authorities. Independent journalists faced decision came after the EITI downgraded intimidation, harassment and physical Azerbaijan’s membership to a Candidate violence in connection with reporting that country in 2015 due to the government criticized the authorities. crackdown on civil society. On 20 April, the authorities launched a criminal investigation into Meydan TV, an FREEDOM OF ASSEMBLY internet-based, independent Azeri-language Police continued to suppress and disperse media outlet, alleging illegal peaceful protests using excessive force. entrepreneurship, large-scale tax evasion and During nationwide demonstrations in abuse of power. Fifteen Meydan TV January, in at least two instances police used

Amnesty International Report 2016/17 75 excessive force to disperse a peaceful crowd Armenian Ministry of Defence reported 93 and arrested scores of peaceful persons killed on its side, including four demonstrators. Across the country, the civilians. The two parties accused each other authorities also summoned for questioning of under-reporting military casualties and and arrested a number of political activists, over-reporting civilian casualties. Both sides accusing them of organizing the protests. reportedly targeted civilian properties, The Constitutional amendments including schools. introduced following the September referendum granted the government even more power to restrict the right to freedom of peaceful assembly. The amendments limited BAHAMAS property rights and allowed the restriction of Commonwealth of the Bahamas freedom of assembly if it breached “public Head of state: Queen Elizabeth II, represented by morals”. Marguerite Pindling Head of government: Perry Gladstone Christie TORTURE AND OTHER ILL-TREATMENT Law enforcement officials continued to Widespread ill-treatment and other abuses commit torture and other ill-treatment with against irregular migrants from countries impunity. including Haiti and Cuba continued. Human rights defenders reported torture Bahamians voted “no” in a constitutional and other ill-treatment of members of the referendum on gender equality in Muslim Unity movement who had been citizenship matters in June. Discrimination arrested during clashes with government against lesbian, gay, bisexual, transgender security forces in the village of Nardaran in and intersex people continued. 2015. Muslim Unity activists were accused of trying to forcibly change the constitutional LEGAL, CONSTITUTIONAL OR system and to create an organized INSTITUTIONAL DEVELOPMENTS armed group. On 7 June, Bahamians voted “no” in a The youth activists Bayram Mammadov referendum on gender equality in citizenship and Giyas Ibrahimov reported that they were matters under Bahamian law. The proposed tortured and otherwise ill-treated in detention. amendments – backed by the government – Injuries consistent with their allegations were would have strengthened anti-discrimination confirmed by the UN Working Group on protections based on sex. Arbitrary Detention after visiting the activists The result maintained inequality in in detention. Their findings were ignored by Bahamian laws so that women and men pass judges during remand and case hearings. on citizenship to their children and spouses Another youth activist, Elgiz Gahraman, told in different ways. The result put at risk the his lawyer he had been subject to torture citizenship rights of families, in particular the following his arrest on 12 August. He was risk of separation of families with diverse held incommunicado for 48 hours and forced nationalities or children born outside of the to “confess” to charges of drug possession. Bahamas to Bahamian parents. At the end of the year he remained in detention with his trial pending. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE ARMED CONFLICT Stigma and discrimination against lesbian, Four days of armed clashes between gay, bisexual, transgender and intersex government forces and the forces of the self- (LGBTI) people continued. declared Republic of Nagorno-Karabakh took In April, activists founded the group place in April. Azerbaijan reported the deaths Bahamas Transgender Intersex United. After of six civilians and 31 military personnel; the its first press conference, members of the

76 Amnesty International Report 2016/17 group reported receiving threats from Bahraini citizenship, forcibly expelling four. members of the public. In May, an MP Opposition leaders continued to be suggested that transgender people be exiled imprisoned as prisoners of conscience. to another island. There were new reports of torture and other ill-treatment and unfair trials. Women RIGHT TO PRIVACY continued to be discriminated against in Local human rights groups expressed fear law and practice. Migrant workers and regarding government surveillance online. In lesbian, gay, bisexual, transgender and August, the Supreme Court ruled that the intersex people faced discrimination. There Minister of Education had breached the were no new death sentences or executions. constitutional rights to privacy and to freedom of expression of members of an BACKGROUND environmental group when he obtained and In March, Bahrain became a state party to read their private email correspondence in the UN Convention on Certain Conventional Parliament. Ministers had alleged that the Weapons. group was seeking to destabilize the In May, Bahrain’s National Institution for government, and argued that parliamentary Human Rights (NIHR) received a “B” status privilege allowed them to read out the from the International Coordinating confidential emails. The Court held that Committee of National Institutions as it was parliamentary privilege was subject to the not fully compliant with the Principles. supremacy of the Constitution, and ordered One of the reasons given by the Committee the destruction of the correspondence. At the was that the NIHR decision-making board end of the year, it remained unclear how the included government representatives, government had obtained the emails. undermining its independence. In November, the Inter-American Also in May, the government signed a Commission on Human Rights granted trade and economic agreement with precautionary measures to members of the Switzerland containing two non-legally environmental group who allegedly received binding memorandums on the treatment of threats against their lives and personal prisoners and on women’s rights in Bahrain. integrity because of their work as human In September the government of the USA rights defenders. The government, in blocked sales of fighter jets and related response, said the allegations were equipment to Bahrain pending human misrepresented. rights improvements. Bahrain remained part of the Saudi Arabia-led coalition engaged in armed conflict in Yemen (see Yemen entry). BAHRAIN The government did not allow access to Kingdom of Bahrain representatives from international human Head of state: King Hamad bin Issa al-Khalifa rights organizations, including Amnesty Head of government: Shaikh Khalifa bin Salman al- International, throughout the year. Khalifa FREEDOM OF EXPRESSION The authorities tightened restrictions on the The authorities continued to severely restrict rights to freedom of expression and freedom of expression, arresting and association and continued to curtail the prosecuting human rights defenders and right to peaceful assembly. They detained religious activists for using public gatherings and charged several human rights defenders or social media to criticize the government, and banned others from travelling abroad, the Saudi Arabian authorities and air strikes dissolved the main opposition group and by the Saudi Arabian-led coalition in Yemen. stripped more than 80 people of their Opposition leaders sentenced in previous

Amnesty International Report 2016/17 77 years for their peaceful opposition remained arrested for investigation into the initial held as prisoners of conscience. charge for which he had been arrested in In February a court sentenced Ebrahim June. He also faced separate prosecutions Sharif, former Secretary General of the for comments he made in a New York Times National Democratic Action Society (Waad), article entitled “Letter from a Bahraini Jail” to a one-year prison term after convicting him and in a letter published in Le Monde of “incitement to hatred and contempt of the newspaper. regime”. He was released in July after The authorities continued to restrict the completing his sentence; his one-year prison media. In February the Minister of term was upheld in November. Also in Information prohibited media outlets from November the authorities charged him with employing journalists deemed to “insult” “inciting hatred against the regime” for Bahrain or other Gulf or Arab states. comments he made in a media interview about the visit to Bahrain of Prince Charles FREEDOM OF ASSOCIATION from the UK. The charges were dropped the The authorities tightened restrictions on same month. freedom of association, continuing to In March, the authorities detained activist imprison some leaders of al-Wefaq and Zainab al-Khawaja to serve sentences other opposition parties and harassing others totalling 37 months following her conviction by summoning them several times for on various charges, including tearing pictures interrogation. of the King. Her imprisonment was widely The authorities suspended al-Wefaq, condemned. The authorities released her in seized its assets in June and obtained a court May on “humanitarian grounds”; she order for its dissolution in July for alleged subsequently left Bahrain. breaches of the Law on Political Associations. In April a criminal court imposed a one- year prison term on activist Dr Sa’eed FREEDOM OF ASSEMBLY Mothaher Habib al-Samahiji for criticizing the The authorities maintained their ban on all Saudi Arabian authorities on . public gatherings in the capital, Manama. In May an appeals court increased the Frequent protests, including some which 2015 prison sentence of Sheikh Ali Salman, turned violent, continued in Shi’a villages, leader of the main opposition group al-Wefaq particularly following the enforced dissolution National Islamic Society, from four to nine of al-Wefaq. The security forces used years. The court had overturned his acquittal excessive force to disperse some protests, of the charge of inciting change of the firing shotgun pellets and tear gas, and political system “by force, threats and other arresting scores of religious activists and illegal means”. In October the Court of other protesters, including children. At least Cassation rejected this decision and returned one police officer and one member of the the case to the appeals court, which upheld public died in protest-related violence. its initial nine-year prison sentence In January, the security forces forcibly in December. dispersed people protesting against the In June, human rights defender Nabeel execution of Sheikh Nimr al-Nimr in Saudi Rajab was arrested and charged with Arabia. Police used tear gas and shotgun “spreading false information and rumours pellets and arrested protesters. with the aim of discrediting the state” during In June, security forces blocked access televised interviews. In July, his trial opened into Duraz village for all but village residents in relation to his Twitter posts in 2015 alleging after protesters gathered and began a sit-in torture in Jaw Prison and criticizing Saudi-led protest outside the home of Shi’a Sheikh Issa aerial bombing in Yemen. In December, the Qassem after the authorities revoked his court ordered his release on bail while his Bahraini citizenship. As the sit-in continued, trial was ongoing but he was immediately re- the authorities arrested or summoned scores

78 Amnesty International Report 2016/17 of protesters for questioning, including at least 70 Shi’a clerics and several human IMPUNITY rights defenders, charging some with “illegal Impunity continued largely to prevail although gathering”. Courts sentenced 11 Shi’a clerics the Ombudsman of the Ministry of the to one- or two-year prison terms on the Interior and Special Investigations Unit (SIU) same charge. within the Public Prosecution Office continued to investigate alleged human rights FREEDOM OF MOVEMENT violations by the security forces. Several low- The authorities imposed administrative bans ranking members of the security forces were that prevented at least 30 human rights prosecuted, but no senior officers. defenders and other critics from travelling The SIU said it received at least 225 abroad, including to attend meetings of the complaints and referred 11 members of the UN Human Rights Council in Geneva, security forces for trial on assault charges Switzerland. At least 12 of them were later during the year. At least four members of the charged, including with “illegal gathering”. security forces were convicted and at least 12 acquitted during the year. In January the Deprivation of nationality and forced expulsions Court of Appeal increased from two to seven The authorities obtained court orders that years the prison sentences imposed on two stripped at least 80 people convicted of police officers for causing the death in terrorism-related offences of their Bahraini custody of Ali Issa Ibrahim al-Saqer in 2011. nationality, rendering many of them stateless. In March the Court sentenced a police officer In June the Ministry of the Interior also to three years’ imprisonment for the unlawful revoked the nationality of Sheikh Issa killing of Fadhel Abbas Muslim Marhoon in Qassem, al-Wefaq’s spiritual leader; he had 2014, overturning his earlier acquittal. not been convicted of any offence. The In February the Court of Appeal confirmed authorities forcibly expelled four of those the acquittal of a police officer whose whose citizenship they had withdrawn, shooting of a peaceful protester at close including human rights lawyer Taimoor range in January 2015 was captured on film, Karimi. An appeal court ruled in March that ruling that there was no evidence confirming prisoner of conscience Ibrahim Karimi should the victim’s presence or any injuries found, be forcibly expelled from Bahrain when he despite the video footage. In March the Court completes his 25-month prison sentence in overturned the convictions of three police 2018. officers sentenced in 2015 for causing the death in custody of Hassan Majeed al-Shaikh TORTURE AND OTHER ILL-TREATMENT in November 2014, and reduced the Torture and other ill-treatment continued to sentences of three other officers from five to be reported, particularly of people suspected two years. of terrorism and other offences under interrogation by the police Criminal RIGHTS OF LESBIAN, GAY, BISEXUAL, Investigations Directorate. Unfair trials TRANSGENDER AND INTERSEX PEOPLE continued; courts continued to rely on The authorities continued to prosecute and allegedly coerced “confessions” to convict imprison people for same-sex sexual conduct defendants on terrorism-related charges. under “debauchery” and “obscenity” Prisoners held at Dry Dock Prison and Jaw provisions of the Penal Code. Prison complained of ill-treatment, including In January and February, the courts solitary confinement and inadequate rejected applications by three Bahrainis who medical care. had undergone sex-change operations abroad to change their gender in official documents.

Amnesty International Report 2016/17 79 In September a court sentenced 28 men right to freedom of expression was further to prison terms of between six months and restricted as the government applied two years after convicting them on repressive laws and pressed criminal “debauchery” and “obscenity” charges for charges against critics. attending a private party at which some wore female clothes. In November, an appeal court FREEDOM OF EXPRESSION reduced their sentences to between one and Independent media outlets and journalists three months. came under severe pressure by the government. Several journalists faced WOMEN’S RIGHTS arbitrary criminal charges, often for Women faced discrimination in law and publishing criticism of Prime Minister Sheikh practice. In May, Parliament agreed to Hasina, her family or the Awami League abolish Article 353 of the Penal Code, which Government. Journalists reported increased had allowed rapists to avoid a prison threats from government officials or security sentence if their victim consented to agencies. marry them. In February, more than 80 sedition and defamation cases were brought against MIGRANT WORKERS’ RIGHTS Mahfuz Anam, editor of the newspaper Daily Migrant workers continued to face Star. The charges related to his admission exploitation and abuse by employers. In July, that he had, under pressure from military more than 2,000 migrant workers intelligence, published unsubstantiated participated in a peaceful march to protest corruption allegations against Sheikh Hasina against non-payment of their salaries when she was out of government during the by employers. military rule of the 1990s. All charges were stayed by the High Court but the prosecution DEATH PENALTY could reactivate them in the future. In April, The death penalty remained in force. The 82-year-old journalist and opposition courts did not hand down new death supporter Shafik Rehman was arrested on sentences but the Court of Cassation suspicion of involvement in an alleged plot to confirmed two and overturned four death “kill and kidnap” the Prime Minister’s son, sentences passed in previous years, three of Joy Wazed. After being held for more than which were later re-imposed by the court of four months without charge, including several appeal. There were no executions. weeks in solitary confinement, he was released on bail in August. The government continued to use a range of repressive laws to restrict the right to BANGLADESH freedom of expression extensively. It People’s Republic of Bangladesh increasingly used the Information and Head of state: Abdul Hamid Communications Technology Act which Head of government: Sheikh Hasina arbitrarily restricted online expression. The human rights organization Odhikar reported Armed groups claiming to act in the name at least 35 arrests under the Act, compared of Islam killed dozens of people in targeted to 33 in 2015 and 14 in 2014. Journalists, attacks, including foreign nationals, secular activists and others were targeted. Dilip Roy, activists and lesbian, gay, bisexual, a student activist, was one of those arrested, transgender and intersex (LGBTI) people. in September, for criticizing the Prime The government’s response was marked by Minister on Facebook. He was released on human rights violations, including arbitrary bail on 17 November. arrests, enforced disappearances, unlawful In October, parliament adopted the killings, torture and other ill-treatment. The Foreign Donations (Voluntary Activities)

80 Amnesty International Report 2016/17 Regulation Act which significantly increased responded with a heavy-handed “anti-terror” government control over the work of NGOs crackdown. At least 15,000 people were and threatened them with deregistration for arrested, and human rights groups raised making “inimical” or “derogatory” remarks concerns that several thousand were against the Constitution or constitutional politically motivated arrests of opposition bodies. Several other bills that threatened supporters. Police said at least 45 suspected freedom of expression were proposed in “terrorists” were killed in shoot-outs in the parliament, including the Digital Security Act months following the July attack. Two of the and the Liberation War Denial Crimes Act. surviving hostages from the attack were detained by police and held incommunicado ENFORCED DISAPPEARANCES for several weeks before being presented to Enforced disappearances continued at an court on 4 August. One of them, Hasnat alarming rate, often of supporters of Karim, was still held without charge at the opposition parties Bangladesh National Party end of the year. and Jamaat-e-Islami. Odhikar reported at least 90 people arrested by security forces DEATH PENALTY and not heard from again. In August, three Scores of people were sentenced to death sons of prominent opposition politicians – and several were executed. Abdullahil Amaan Azmi, Mir Ahmed Bin In October, one alleged militant convicted Quasem and Hummam Qader Chowdhury – of killing a judge in 2005 was executed. The were arrested by men in plain clothes, some government afterwards said that it would fast of whom identified themselves as police track the trials of people accused of crimes officers. The authorities continued to deny under the Anti-Terrorism Act which could responsibility and the victims’ families were lead to the death penalty, and that at least 64 not informed of their whereabouts. people convicted under this Act since 1992 were on death row. ABUSES BY ARMED GROUPS The International Crimes Tribunal (ICT), a Armed groups killed at least 32 people in Bangladeshi court established to investigate targeted attacks in 2016, including secular the events of the 1971 independence war, activists, LGBTI people and religious sentenced at least six people to death. The minorities. Jamaat-ul-Mujahideen proceedings were marked by severe Bangladesh (JMB) and Ansar al-Islam, which irregularities and violations of fair trial rights, respectively claimed allegiance to the armed such as the arbitrary restriction of the groups Islamic State (IS) and al-Qa’ida, number of defence witnesses allowed. Two claimed the attacks. In April, Nazimuddin people convicted of war crimes and crimes Samad became the sixth secular activist to against humanity by the ICT were executed, be hacked to death in a targeted killing in both senior members of Jamaat-e-Islami − less than two years. The editor of Roopbaan, Motiur Rahman Nizami in May and Mir Bangladesh’s only LGBTI magazine, and Quasem Ali in September. On 23 August a prominent LGBTI rights activist Xulhaz group of UN human rights experts expressed Mannan and his friend Tanay Mojumdar, concern about the fairness of ICT trials, and were also killed by unidentified men. A range urged the government to annul Mir Quasem of human rights activists received threats Ali’s death sentence and grant him a retrial, from similar groups and said that the police stating that proceedings were “marred” by did not offer enough protection, while others “irregularities”. were reluctant to approach the police fearing they would be charged or harassed. TORTURE AND OTHER ILL-TREATMENT In July, JMB gunmen stormed a restaurant Torture and other ill-treatment in custody was in the capital, Dhaka, and killed at least 22 widespread; however, complaints were rarely people, including 18 foreign nationals. Police investigated. The 2013 Torture and Custodial

Amnesty International Report 2016/17 81 Death (Prevention) Act was poorly enforced due to a lack of political will and awareness BELARUS among law enforcement agencies. Human rights groups accused several security force Republic of Belarus branches – including police and the Rapid Head of state: Alyaksandr Lukashenka Action Battalion – of torture and other ill- Head of government: Andrey Kabyakou treatment. Torture was carried out to extract “confessions”, for extortion or to punish Severe restrictions on the rights to freedom political opponents of the government. of expression, of association and of peaceful assembly remained in place. The CHITTAGONG HILL TRACTS government continued to refuse co- Police in September asked a court to close operation with the UN Special Rapporteur the investigation into the disappearance of on human rights in Belarus. At least four Kalpana Chakma, an Indigenous Peoples’ people were executed and four people rights campaigner, from the Chittagong Hill were sentenced to death. Tracts − an area in southeastern Bangladesh − citing a lack of evidence. She was BACKGROUND abducted in 1996. Government restrictions On 28 February, the EU lifted all its sanctions on access to the Chittagong Hill Tracts and against persons and entities in Belarus on communication with “tribal” people there except those against four former officials remained in place, arbitrarily restricting the suspected of involvement in enforced right to freedom of expression of journalists disappearances committed in 1999-2000. and human rights organizations. Women and On 1 July, the government redenominated girls in the region faced multiple forms of the value of the Belarusian ruble slashing discrimination and violence including rape four zeros, among other measures. This was and murder due to their gender, Indigenous a response to the continuing economic identity and socio-economic status. Victims of downfall partially prompted by the downturn gender-based violence continued to be in Russia, its principal trading partner. denied justice because of pressure to settle Also in July, the mandate of the UN out of court, non-availability of judges or Special Rapporteur on human rights in other bureaucratic delays. Belarus – established by the UN Human Rights Council in 2012 – was extended for a VIOLENCE AGAINST WOMEN AND GIRLS further year. Human rights groups said that rape In September, the new Parliament was conviction rates continued to be extremely elected against the backdrop of severe low, mainly because investigations were not restrictions on independent media and the timely or effective. Many women and girls political opposition. Only two were reluctant to report rape to the parliamentarians regarded as representing authorities, for fear of being stigmatized and political opposition were elected. subjected to police harassment. Human On 24 October, the first national Human rights organization Ain o Salish Kendra Rights Strategy was adopted. It outlined confirmed that at least 671 rape cases were legislative reforms, none of which addressed reported by media, with the actual number of the death penalty, but promised “to consider” cases likely to be much higher. The rape and Belarus’ interest in joining the European murder of 19-year-old Tonu in March sparked Convention on Human Rights and the outrage and large-scale street protests. creation of a national human rights Activists claimed the police deliberately institution. delayed the investigation and pressured the survivor’s family into making false statements.

82 Amnesty International Report 2016/17 lawful interception of all electronic DEATH PENALTY communications, allowed the authorities On 18 April, Siarhei Ivanou was executed direct access to telephone and internet despite the pending review of his case at the communications and associated data. The UN Human Rights Committee. This was the possible surveillance restricted human rights first execution since November 2014.1 defenders, other civil society and political Around 5 November, Siarhei Khmialeuski, activists as well as journalists in exercising Ivan Kulesh and Hyanadz Yakavitski were their human rights, including the rights to executed. Death sentences in Belarus are freedom of association, of peaceful assembly typically carried out in secrecy and without and of expression.3 notifying the family. The Supreme Court rejected the appeal of Siarhei Vostrykau on 4 FREEDOM OF ASSOCIATION October.2 Siarhei Vostrykau was awaiting the NGOs and political parties continued to face outcome of his plea for clemency from the undue restrictions, including compulsory President at the end the year; clemency had registration. Registration applications were been granted only once in over 400 pleas frequently arbitrarily rejected for minute since 1994. infractions or on other unexplained grounds. Under Article 193.1 of the Criminal Code, the FREEDOM OF EXPRESSION founding of, or participation in the activities The Law on Mass Media continued to of, an unregistered organization remained a severely restrict the right to freedom of crime punishable by up to two years’ expression and effectively subjected all imprisonment. media companies to government control. The restrictions imposed on former Local journalists working for foreign media prisoners of conscience Mikalai Statkevich, were still required to obtain official Yury Rubtsou and four other activists, as a accreditation, which was routinely delayed or condition for their early release in 2015, refused arbitrarily. remained in place. In January, political blogger Eduard Palchys, known for his critical posts of the FREEDOM OF ASSEMBLY Belarusian and Russian authorities and who The Law on Mass Events, which prohibits any was residing in Ukraine, was arrested during assembly or public protest unless authorized a visit to Bryansk, Russia. He was remanded by the authorities, remained in place. in custody by the Russian authorities until his Civil society activist Pavel Vinahradau was extradition to Belarus on 7 June where he placed under “preventive supervision” from 7 was placed in detention. On 28 October, he June to 13 September after he participated in was found guilty of “inciting racial, national or four “unauthorized" peaceful street protests.4 religious hatred” and of the “distribution of pornography”. He was given a non-custodial LEGAL, CONSTITUTIONAL OR sentence on account of having been on INSTITUTIONAL DEVELOPMENTS remand since January, and was released in In October, the tax authorities reported that court. The hearings of his case were closed, they had sent notices to over 72,900 but the courtroom was opened to the public individuals who, under the 2015 presidential when the sentence was announced. decree “On preventing social dependency”, were required to pay a special tax for being SURVEILLANCE out of work for over 183 days in a given tax The legal framework governing secret year. Failure to comply incurred fines or surveillance allowed the authorities to “administrative arrest” and compulsory undertake wide-ranging surveillance with little community service which could amount to a or no justification. The System of Operative- form of forced labour. Investigative Measures (SORM), a system of

Amnesty International Report 2016/17 83 In April, the federal government agreed to 1. Belarus: Amnesty International deplores the execution of Siarhei establish a database to facilitate the sharing Ivanou (EUR 49/4014/2016) of information between government agencies 2. Further information: Belarus’ last prisoner on death row at risk: Siarhei Vostrykau (EUR 49/5274/2016) Belarus: Further information: concerning individuals suspected of having Gennadii Yakovitskii’s death sentence upheld (EUR 49/3890/2016) travelled abroad to commit terrorism-related 3. It’s enough for people to feel it exists: Civil society, secrecy and offences. In July, the government announced surveillance in Belarus (EUR 49/4306/2016) a similar database for “hate preachers”. In 4. Belarus: Activist arbitrarily convicted for peaceful protest (EUR December, Parliament adopted a bill aimed 49/4317/2016) at broadening police surveillance powers. Also in July, the federal Parliament extended the provision on incitement to BELGIUM commit a terrorism-related offence and eased restrictions on the use of pre-trial detention Kingdom of Belgium for those suspected of terrorism-related Head of state: King Philippe offences. In December, Parliament passed Head of government: Charles Michel legislation criminalizing preparatory acts to commit a terrorism-related offence and The authorities adopted a wide range of new legislation on retention of Passenger laws and policies in the aftermath of the Name Records. attacks in the capital, Brussels, in March. Despite the government’s commitment at Civil society organizations continued to the UPR in May to ensure that measures to receive reports of ethnic profiling by police. counter terrorism respect human rights, little Prison conditions remained poor; the effort was made to assess the human rights European Court of Human Rights criticized impact of new measures. Belgium for its treatment of mentally ill offenders. PRISON CONDITIONS Conditions of detention remained poor due to COUNTER-TERROR AND SECURITY overcrowding, dilapidated facilities and On 22 March, three suicide bombers killed insufficient access to basic services, 32 people and injured hundreds in two co- including to health care. In April, a three- ordinated attacks in Brussels. In the month strike by prison staff further worsened aftermath of the attacks, the authorities prison conditions and access to health care intensified the implementation of the wide for prisoners. range of security measures announced after Despite the entry into force of positive the attacks in Paris, France, in 2015. legislative amendments in October, many The authorities further broadened the mentally ill offenders remained detained in scope of the provisions on terrorism-related regular prisons with insufficient care and offences, loosened procedural safeguards treatment. In September the European Court and adopted new policies to address of Human Rights found in W.D. v Belgium “radicalization”. Some measures caused that the detention of mentally ill offenders concern regarding the principle of legality, without access to adequate care remained a including legal clarity, and the respect of the structural problem. The Court ordered the freedoms of association and expression. government to adopt structural reforms within In February, the federal government two years. announced the new policy framework “Plan Canal” to address radicalization in several DISCRIMINATION municipalities in the Brussels area. It In April, Belgium’s equality body Unia included the deployment of increased reported a rise in discrimination against police and tighter administrative controls persons of Muslim faith in the aftermath of on associations. the Brussels attacks, especially in the area of

84 Amnesty International Report 2016/17 employment. Several individuals and civil demonstrators, causing at least one death. society organizations reported ethnic profiling Prisons remained overcrowded. by police against ethnic and religious minorities. BACKGROUND On 9 December, the government agreed Patrice Talon was elected President in March. on a draft bill amending the law on legal Benin became the eighth AU member state gender recognition. If passed, the draft law to allow NGOs and individuals direct access would allow transgender people to obtain to the African Court on Human and Peoples’ legal recognition of their gender on the basis Rights. of their informed consent and without fulfilling any medical requirements. FREEDOMS OF ASSEMBLY AND EXPRESSION ARMS TRADE The authorities continued to arbitrarily restrict Regional governments continued to grant the right to freedom of peaceful assembly, licences to sell arms to parties involved in the including by banning several opposition conflict in Yemen, in particular to Saudi group demonstrations, taking retaliatory Arabia. In 2014 and 2015, Saudi Arabia measures against organizers of peaceful reportedly accounted for by far the highest demonstrations, and using excessive and value of arms export licences from the arbitrary force against protesters. Wallonia region. In the context of the presidential elections, in January and February the authorities VIOLENCE AGAINST WOMEN AND GIRLS banned at least three peaceful In March, Belgium ratified the Council of demonstrations by opposition groups. Europe Convention on preventing and Supporters of the ruling party were able to combating violence against women and hold demonstrations. domestic violence (Istanbul Convention). In In February, the authorities banned a June, the authorities adopted a new binding demonstration by human rights groups to policy framework which identified tackling protest against the unlawful killing of a gender-based and domestic violence as a member of the military. priority for police and prosecutorial In March, security forces shot and killed authorities. one man and injured nine other people, In May, the National Institute of including two children, at a demonstration in Criminalistics and Criminology said that 70% Bantè (Collines department). According to of reported domestic violence incidents did eyewitnesses, the demonstration was largely not lead to a prosecution and that the current peaceful until the security forces started firing prosecution policy has not been effective in at the crowd with tear gas and live reducing the numbers of recidivists of ammunition. domestic violence. In July, the security forces used tear gas and batons to disperse a peaceful demonstration by students in Cotonou, injuring at least 20 people. At least nine BENIN students were arrested following the Republic of Benin demonstrations and detained for several Head of state and government: Patrice Athanase weeks before being released. Twenty-one Guillaume Talon (replaced Thomas Boni Yayi in March) students presumed to have participated were banned from registering at the university for The authorities continued to restrict the five years. In August, the university decided rights to peaceful assembly and expression. to invalidate the academic year for all the Excessive force was used against peaceful students in the faculty where most demonstrators were studying. In October, the

Amnesty International Report 2016/17 85 Council of Ministers banned all activities by student associations on campuses. DEATH PENALTY In November, the High Authority of In January, the Constitutional Court abolished Audiovisual Communication made the the death penalty in a ruling stating that “no arbitrary decision to close seven private one can now be sentenced to capital media outlets. punishment”. The government had yet to adopt laws removing the death penalty from UNLAWFUL KILLINGS national legislation. In January, Corporal Mohamed Dangou was shot dead by a member of the security services in a military camp in Cotonou. According to an eyewitness he was unarmed. BOLIVIA Mohamed Dangou was due to be arrested as Plurinational State of Bolivia part of an investigation into a protest held Head of state and government: Evo Morales Ayma with other military personnel serving in Côte d’Ivoire calling for the payment of allowances. In July, the Constitutional Court ruled that the The creation of a truth, justice and armed forces had violated Mohamed reconciliation commission for human rights Dangou’s right to life. violations and crimes under international law committed during the military regimes PRISON CONDITIONS (1964-1982) remained pending. There The UN Subcommittee on Prevention of were allegations of a failure to seek the Torture made an unannounced visit to Benin free, prior and informed consent of in January. It concluded that detention Indigenous Peoples on oil exploration centres were “overcrowded and lacked projects in the Amazon. There was some adequate staffing and other resources”. As of progress in protecting the rights of lesbian, September, Cotonou prison held 1,137 gay, bisexual, transgender and intersex detainees, despite a maximum capacity (LGBTI) people and sexual and reproductive of 500. rights. Concerns remained about conditions In June, the National Assembly adopted a in the penitentiary system. law on community service which could be used to reduce prison overcrowding by BACKGROUND replacing detention with non-custodial In August, Deputy Minister of the Interior sentences. Rodolfo Illanes was killed during miners’ protests. Protesters were opposing the CHILDREN’S RIGHTS enactment of an amendment to the In February, the UN Committee on the Rights Cooperatives Act, which grants the right of the Child issued its concluding to unionization. observations on Benin, expressing concerns about the infanticide of children born with IMPUNITY disabilities and the persistence of harmful Bolivia still had not created the truth, justice practices, including the rise of female genital and reconciliation commission on crimes mutilation and early and forced marriage. committed during the military governments The Committee highlighted the high rates of promised at a March 2015 public hearing girls dying from illegal abortion and urged before the Inter-American Commission on that girls’ rights to education, information Human Rights. and access to quality contraceptive products be guaranteed. RIGHTS OF PEOPLE WITH DISABILITIES In September, the UN Committee on the Rights of Persons with Disabilities released its

86 Amnesty International Report 2016/17 report on Bolivia. Among its rates of maternal and infant mortality in the recommendations, the Committee urged country. The Ministry of Health also Bolivia to improve and adapt mechanisms announced the development of a bill to and proceedings to ensure access to justice guarantee timely access to family planning. for people with disabilities and to abolish the practice of sterilizing people with FREEDOM OF ASSOCIATION disabilities without their free, prior and In July, a petition that two articles of the Law informed consent. Granting Legal Personality and its regulations were unconstitutional was rejected by the FREEDOM OF ASSEMBLY Constitutional Court. The petition had been In June, peaceful protests by people with presented by the Ombudsman on the disabilities demanding a monthly disability grounds that the law could violate the right to allowance were suppressed by police using freedom of association to establish NGOs or tear gas. In August, allegations of excessive foundations. In October, four NGOs filed a use of force to repress the protests were petition with the Inter-American Commission reported to the UN Committee on the Rights on Human Rights regarding the law. of Persons with Disabilities, which urged the Bolivian authorities to carry out a thorough PRISON CONDITIONS and impartial investigation into the incident. In June, the Ombudsman published a report highlighting the serious problem of INDIGENOUS PEOPLES’ RIGHTS overcrowding and corruption in the In March, leaders of Amazonian Indigenous penitentiary system and persistent human Peoples and the Centre for Documentation rights violations against those deprived of and Information of Bolivia (CEDIB) their liberty. denounced the failure to ensure prior, free and informed consent for oil exploration projects taking place on Indigenous territories. BOSNIA AND RIGHTS OF LESBIAN, GAY, BISEXUAL, HERZEGOVINA TRANSGENDER AND INTERSEX PEOPLE In May, the lower house of the Congress Bosnia and Herzegovina Head of state: Rotating presidency – Bakir Izetbegović, passed the Gender Identity Law, which Dragan Čović, Mladen Ivanić established administrative procedures for Head of government: Denis Zvizdić transgender people over 18 to legally change their name, sex and image data on official documents. Despite the adoption of progressive new In September, the Ombudsman endorsed anti-discrimination legislation, vulnerable a bill that would allow same-sex civil marriage minorities faced widespread discrimination. and enable LGBTI people to enjoy the same Threats and attacks against journalists and health care and social security rights and media freedom continued. The International guarantees as other couples. The bill was Criminal Tribunal for the former Yugoslavia due to be submitted to the Plurinational (ICTY) issued verdicts in relation to crimes Legislative Assembly later in the year. committed during the 1992-1995 conflict; at the domestic level, access to justice and SEXUAL AND REPRODUCTIVE RIGHTS reparations for civilian victims of war In August, the Ministry of Health and the remained limited. University of San Andrés launched the first Observatory of Maternal and Neonatal Mortality to monitor and reduce the high

Amnesty International Report 2016/17 87 and their access to housing slightly improved, BACKGROUND Roma continued to face systemic barriers to In February, Bosnia and Herzegovina (BiH) education, health services and employment. submitted an application for membership The National Strategy on Roma Integration to the EU, which was accepted by the EU and the accompanying Action Plan ended in in September. 2016, without meeting many of its targets. The authorities of Republika Srpska (RS) – The Council of Ministers re-purposed a one of the two entities of BiH – refused to portion of the funds originally designated to implement a decision of the BiH support the Plan’s implementation. Constitutional Court, which had found the RS LGBTI people faced ongoing Law on Holidays (making 9 January the Day discrimination and intimidation. Civil society of Republika Srpska) unconstitutional and groups documented cases of verbal and discriminatory against non-Serbs living in physical attacks and discrimination, the the entity. majority of which were not thoroughly Nationwide municipal elections held in investigated. In March, a group of young men October were marked by growing nationalist entered a café and cinema popular with the rhetoric. The results of the first post-war LGBTI community in the capital, Sarajevo, census conducted in 2013 were released in and attacked and threatened the customers. June, although RS challenged the collection Several people suffered physical injuries, but methodology and the census results. the police classified the incident as a minor offence. Similarly, the perpetrators of the DISCRIMINATION 2014 attack against the organizers of the The Council of Ministers adopted its first Merlinka Queer Film Festival were never Action Plan on Prevention of Discrimination criminally charged. The 2016 festival took in April and, in June, the Parliamentary place under heavy police protection. Assembly of BiH adopted amendments to the The 2009 judgment of the European Court Law on Prevention of Discrimination. Widely of Human Rights in Sejdić-Finci v BiH, which welcomed by civil society, the amended law found the power-sharing arrangements set listed specific grounds for discrimination, out in the Constitution to be discriminatory, including sexual orientation, and significantly remained unimplemented. Under the broadened the prohibited grounds of inciting arrangements, citizens who would not discrimination beyond the original racial, declare themselves as belonging to one religious and nationality grounds. of the three constituent peoples of the The Parliament of the Federation of Bosnia country (Bosniaks, Croats and Serbs) were and Herzegovina – the other entity of BiH – excluded from running for legislative and adopted amendments to the entity criminal executive office. code to include hate crimes as a criminal offence. The definition of hate crime included FREEDOM OF EXPRESSION a wide array of prohibited grounds, although A pattern of threats, political pressure and the penalties prescribed for the offence of attacks against journalists continued in 2016. incitement to hatred, hate speech and The Association of Journalists documented violence remained limited to national, ethnic repeated attacks against journalists, attacks and religious grounds and excluded hate on freedom of expression and on the integrity speech directed against other marginalized of media outlets. groups. Social exclusion and discrimination, in CRIMES UNDER INTERNATIONAL LAW particular of Roma and lesbian, gay, bisexual, The ICTY issued first-instance verdicts in transgender and intersex (LGBTI) people, cases of former high-ranking officials in remained widespread. Although the number relation to crimes committed during the of Roma without identity documents reduced 1992-1995 conflict. In March, the ICTY

88 Amnesty International Report 2016/17 found Radovan Karadžić, the wartime funding for the Missing Persons Institute and President of RS, guilty of genocide, war limited expertise domestically. The Law on crimes and crimes against humanity and Missing Persons remained unimplemented, sentenced him to 40 years’ imprisonment. with the Fund for the families of missing Also in March, the ICTY found Vojislav Seselj, persons still awaiting establishment. the Serb Radical Party leader, not guilty on any counts of crimes against humanity and war crimes. Lack of capacity and resources, along with BOTSWANA ineffective case management and persistent Republic of Botswana political obstruction, continued to slow down Head of state and government: Seretse Khama Ian the progress of prosecution and access to Khama redress before domestic courts. In July, an independent analysis commissioned by the The rights to freedom of expression and of OSCE showed that the National War Crimes assembly were restricted. The rights of Strategy had failed to meet its targets, with a refugees were violated. Lesbian, gay, backlog of over 350 complex cases still bisexual, transgender and intersex (LGBTI) pending before the State Court and people continued to have their rights Prosecutor’s Office. infringed. One prisoner under sentence of Despite earlier commitments by the death was executed. authorities, no progress was made on the adoption of the Law on Protection of Victims FREEDOM OF EXPRESSION of Torture and the harmonization of entity The right to freedom of expression was laws regulating the rights of civilian victims restricted. In March, police arrested freelance of war to enable their effective access to journalist Sonny Serite after a whistleblower services, free legal aid and effective gave him documents that related to a reparation. corruption case he was covering. Sonny In October, a local court in Doboj city Serite was charged with receiving stolen granted financial compensation to a victim of property; the charges were withdrawn in wartime rape and sentenced the perpetrator June. The Whistle Blower Act, which to five years’ imprisonment. This was the provided no protection to whistleblowers who second case of financial reparations for war contacted the media, came into effect on crimes awarded within a criminal proceeding. 16 December. However, many victims continued to be In August, Lobatse High Court ruled that forced to pursue compensation claims in civil Outsa Mokone, editor of the Sunday Standard proceedings, where they had to reveal their newspaper, could be charged with sedition. identity and incurred additional costs. In His lawyers had argued that sections of the April, the Constitutional Court declared that Penal Code covering sedition infringed his the statute of limitations applied to reparation right to freedom of expression and breached claims for non-material damage and that the Constitution. Outsa Mokone was arrested claims could be directed only against the in 2014 after an article in the Sunday perpetrators, not the state, further limiting Standard alleged the involvement of the ability of victims to claim and obtain Botswana’s President in a road accident. compensation. The article’s author, Edgar Tsimane, fled to Although more than 75% of the missing South Africa fearing for his life and was persons from the war had been exhumed granted asylum. and identified, there were still 8,000 people missing in connection with the conflict. The FREEDOM OF ASSEMBLY process of exhumations encountered The right to freedom of peaceful assembly significant challenges, including reduced was curtailed. The Public Order Act required

Amnesty International Report 2016/17 89 a police permit to protest, but applications a 16-year-old girl. A case of defilement could are sometimes rejected. In June, youth not be brought against him because the activist Tlamelo Tsurupe was arrested and Penal Code defines defilement as a sexual held briefly after protesting against youth act with a child aged under 16. No unemployment in front of parliament and disciplinary action was known to have been refusing to move. He subsequently launched taken by the councillor’s political party, the #UnemploymentMovement. In July, the Botswana . movement applied for a permit to protest but this was rejected. Despite this, on 8 August RIGHT TO HEALTH – MINEWORKERS the group protested outside parliament. They On 7 October, the government closed without were beaten by police and four were arrested warning or consultation the BCL and Tati and held overnight at Central Police Station Nickel mines. The sudden closures on charges of “common nuisance”. Two of threatened anti-retroviral therapy treatment the four needed medical assistance. The and counselling services for mineworkers police also arrested three journalists covering living with HIV/AIDS as the government failed the protest and forced them to hand over to make alternative health care provisions. It video footage of the protest. The police also left over 4,700 mineworkers uncertain subsequently granted a permit for a about their retrenchment benefits. demonstration, which took place on 13 August. REFUGEES AND ASYLUM-SEEKERS The encampment policy, which restricts RIGHTS OF LESBIAN, GAY, BISEXUAL, refugees to the Dukwe camp 547km from the TRANSGENDER AND INTERSEX PEOPLE capital, , continued to limit Same-sex sexual relationships remained refugees’ freedom of movement. illegal. In August, a man charged under The government announced that it had Section 164 of the Penal Code with “having revoked the refugee status of Namibians from carnal knowledge with another man against 31 December 2015, even though Namibians the order of nature” was sentenced to three who had fled conflict in the Caprivi region of and a half years in prison by Gaborone Namibia in 1998 still faced persecution Magistrates Court. The Botswana Network on there. Refugees who returned to Namibia in Ethics, Law and HIV/AIDS (BONELA), which late 2015 were convicted of charges ranging submitted an appeal, argued that Section from high treason to illegally exiting Namibia. 164 discriminates on the basis of sexual Later in January 2016, the Botswana High orientation and gender identity. The appeal Court ruled that Namibian refugees should had not been heard by the end of 2016. not be repatriated until a legal case brought In March, in a landmark case, the against the revocation order had been Lesbians, Gays and Bisexuals of Botswana decided. The High Court judgment was (LEGABIBO) won its appeal in the High Court upheld on appeal in March. to register as an independent organization. The LEGABIBO had been denied registration DEATH PENALTY by the Home Affairs Ministry since 2012. In May, Patrick Gabaakanye was executed for The High Court ruled that the refusal to a murder committed in 2014. This brought to register LEGABIBO violated the applicants’ 49 the total number of people executed since rights to freedom of expression, association independence in 1966. Executions were and assembly. conducted in secret. Families were given no notice and were denied access to the WOMEN’S RIGHTS burial site. Sexual abuse of women and girls was reported. A councillor of the city of Sebina was accused of molesting and impregnating

90 Amnesty International Report 2016/17 ongoing negotiations for a treaty that BRAZIL would ban nuclear weapons, to be finalized in 2017. Federative Republic of Brazil In December, the Inter-American Court of Head of state and government: Michel Temer (replaced Human Rights convicted the Brazilian state Dilma Rousseff in August) for tolerating slave labour and trafficking of people, based on conditions of farm workers Police continued to use unnecessary and in the northern state of Pará. excessive force, particularly in the context of protests. Young people and black men, PUBLIC SECURITY mainly those living in favelas and other Homicides and gun violence remained high marginalized communities, were throughout the country, with estimates disproportionately targeted with violence by putting the number of victims of homicides in law enforcement officials. Human rights 2015 at over 58,000. The authorities failed to defenders, especially those defending land propose a plan to address the situation. and environmental rights, faced increased On 29 January, 10 people were killed and threats and attacks. Violence against 15 wounded by gunmen in the city of women and girls remained widespread. Londrina, Paraná state. Six of the seven Human rights violations and discrimination people detained during the investigation into against refugees, asylum-seekers and the incident were military police officers. migrants intensified. In March, following her visit to Brazil, the UN Special Rapporteur on minority issues BACKGROUND presented to the Human Rights Council her On 31 August, President Dilma Rousseff was recommendations that both the military impeached after a long process in Congress, police and the automatic classification of after which Vice-President Michel Temer took killings by the police as “resistance followed office. The new government announced by death” – which presumes that the police several measures and proposals with the acted in self-defence and does not lead to potential to impact human rights, including a any investigation – be abolished. constitutional amendment (PEC 241/55) In September the federal government capping government expenses over the next authorized the deployment of armed forces in 20 years that could negatively affect the state of Rio Grande do Norte to support investments in education, health and other the police after several days of attacks by areas. The amendment was approved in the criminal gangs on buses and public House of Representatives and the Senate buildings. At least 85 people were detained and was heavily criticized by the UN for allegedly participating in the attacks. Special Rapporteur on extreme poverty and On 18 November, seven men were shot human rights. dead in Imperatriz, Maranhão, after an off- In Congress, several proposals that would duty military police officer had been targeted impinge on the rights of women, Indigenous for attempted robbery and physical assault. Peoples, children, and lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals 2016 Olympic Games were pending discussion. In September a The authorities and organizers of the 2016 special commission in the House of Olympic Games failed to implement Representatives approved changes to family necessary measures to prevent human rights law to define family as the union between a violations by security forces before and man and a woman. during the sporting event.1 This led to a Brazil had not yet ratified the Arms Trade repetition of violations witnessed during other Treaty nor signed the Convention on Cluster major sporting events hosted in the city of Rio Munitions. Brazil played a significant role in

Amnesty International Report 2016/17 91 de Janeiro, namely the Pan American Games protesters in a square where children were in 2007 and the FIFA World Cup in 2014. playing. Most police officers policing the Tens of thousands of military and security protest were not properly identified as such. officers were deployed around Rio de On 12 August, also near Maracanã Janeiro. The number of people killed by the stadium, a protest led mainly by students was police in the city of Rio de Janeiro in the severely repressed by the military police, who immediate run-up to the games between used unnecessary and excessive force. April and June increased by 103% compared Around 50 protesters, mostly under the age to the same period in 2015. of 18, were detained and one was injured. At During the Olympic Games (5-21 August), the end of the year some of the detainees police operations intensified in specific areas were being investigated under the Fan of Rio de Janeiro, including the favelas of Defence Statute, which makes it a crime to Acari, Cidade de Deus, Borel, Manguinhos, disturb order or provoke violence within a Alemão, Maré, Del Castilho and Cantagalo. 5km radius of a sports facility. Residents reported hours of intensive shootings and human rights abuses including UNLAWFUL KILLINGS unlawful searches of homes, threats and Killings by the police remained high and physical assaults. The police admitted to increased in some states. In the state of Rio killing at least 12 people during the Games in de Janeiro, 811 people were killed by the the city of Rio de Janeiro and to engaging in police between January and November. 217 shootings during police operations in the There were reports of several police state of Rio de Janeiro.2 operations which resulted in killings, most of During the Olympic torch relay throughout them in favelas. A few measures were the country, peaceful protests in Angra dos adopted to curb police violence in Rio de Reis and Duque de Caxias – both in Rio de Janeiro but had yet to produce an impact. Janeiro state – were met with unnecessary Following a resolution from the National and excessive use of force by the police. Council of Public Prosecution, on 5 January Rubber bullets, stun grenades and tear gas the Public Prosecution Office of Rio de were used indiscriminately against peaceful Janeiro state created a working group to protesters and passers-by, including children. oversee police activities and the investigation On 10 May, the so-called “General Law of of killings committed by the police. The Civil the Olympics” (13.284/2016) was signed by Police announced that the investigations of President Rousseff, amid concerns that it all cases of killings by the police would be might impose undue restrictions to freedoms progressively transferred to the specialized of expression and peaceful assembly, homicide division. contrary to international human rights Most cases of killings by the police standards. Under the provisions of the new remained unpunished. Twenty years after the law, dozens of people were expelled from unlawful killing of a two-year-old during a sports facilities for wearing T-shirts with military police operation in 1996 in the favela slogans, carrying flags, or other signs of of Acari, Rio de Janeiro city, no one had been protest during the first days of the Games. On held to account. On 15 April the statute of 8 August, a federal court ruled against the limitations for the crime expired. In October prohibition of peaceful protests inside the the first public hearing with regard to the Olympic facilities. killings of 26 people during police operations On 5 August, the day of the opening in the favela Nova Brasilia, Rio de Janeiro ceremony, a peaceful protest over the city, in October 1994 and May 1995 was held negative impacts of the Games took place before the Inter-American Court of Human near Maracanã stadium, Rio de Janeiro, and Rights. The killings had yet to be investigated was repressed with unnecessary force by the and nobody had been brought to justice. police, who used tear gas to disperse

92 Amnesty International Report 2016/17 In July the Attorney General requested that of torture and other ill-treatment of inmates the investigation into the killing of 12 people by police and prison guards in Brazil. by the police in February 2015 in Cabula, In September a court of appeals declared Bahia state, be transferred to a federal null a trial and sentences against 74 police authority. officers for a massacre in Carandiru prison in On 6 November, five men, who had 1992; 111 men had been killed by the police disappeared on 21 October after being in the massacre. approached by law enforcement officials, were found dead in Mogi das Cruzes, São FREEDOM OF ASSEMBLY Paulo. The bodies showed signs of The year was marked by a number of largely executions and initial investigations by peaceful protests throughout the country on authorities indicated the involvement of issues such as the impeachment process, municipal guards. education reform, violence against women, On 17 November, four young men were negative impacts of the 2016 Olympic Games shot dead by the military police unit ROTA in and reduction of public spending in health Jabaquara, São Paulo. care and education. The police response was frequently violent, leading to excessive and ENFORCED DISAPPEARANCES unnecessary use of force. On 1 February, 12 military police officers Students peacefully occupied up to 1,000 were found guilty and sentenced for the public schools in the country to question the crimes of torture followed by death, education reform and investment cuts procedural fraud and “occultation of a proposed by the government. In June, police corpse” in the case of the enforced in the city of Rio de Janeiro used disappearance of Amarildo de Souza in Rio unnecessary and excessive force to break up de Janeiro. a peaceful protest by students in the In April, police investigations named 23 Secretary of Education headquarters. military police officers as suspects in the The police used unnecessary force in enforced disappearance of 16-year-old Davi several states to disperse demonstrations Fiuza in the city of Salvador, Bahia state, in against the new government and the October 2014. However, the case failed to proposed constitutional amendment (PEC reach the Public Prosecutor’s Office and 241/55) that would restrict public spending. none of the accused had faced trial by the In São Paulo, a student lost the vision in her end of 2016. left eye after the police launched a stun grenade that exploded near her. PRISON CONDITIONS In January, Rafael Braga Vieira, a man Prisons remained severely overcrowded, with who had been detained after a protest in Rio reports of torture and other ill-treatment. de Janeiro in 2013, was again detained on According to the Ministry of Justice, by the trumped-up charges of drug trafficking. end of 2015 the prison system had a On 10 August a state court failed to population of more than 620,000, although acknowledge the state’s responsibility for the the overall capacity was around 370,000 loss of vision in one eye of Sergio Silva after people. he was hit by a device shot by police during a Prison riots took place throughout the 2013 protest in São Paulo. The court country. In October, 10 men were beheaded considered that, by being at the protest, he or burned alive in a prison in Roraima state had implicitly accepted the risk of being and eight men died of asphyxiation in a cell injured by the police. during a prison fire in Rondônia state. In March the Anti-terrorism Law On 8 March the UN Special Rapporteur on (13.260/2016) was approved in Congress torture reported, among other things, poor and sanctioned by the President. The law living conditions and the regular occurrence was widely criticized for its vague language

Amnesty International Report 2016/17 93 and for leaving a margin for its arbitrary of land was in some cases blocked by large- application in social protests. scale landowners using the land for export- led commodities production. HUMAN RIGHTS DEFENDERS The survival of the Guarani Kaiowá Attacks, threats and killings targeting human community of Apika´y in the state of Mato rights defenders increased compared to Grosso do Sul was at serious risk. In July, the 2015. At least 47 defenders were killed Apika´y community was forcibly evicted from between January and September – including its ancestral lands. Although the community small-scale farmers, peasants, rural workers, had been notified of the eviction, it was Indigenous Peoples including quilombola neither consulted nor provided with any communities, fisherfolk, riverside dwellers relocation options. Apika´y families were left and lawyers – in their fight for access to land living on the margins of a highway, with and natural resources. Killings, threats and restricted access to water and food. attacks against human rights defenders In October, an inquiry by the Federal were rarely investigated and remained Prosecution Office concluded that the largely unpunished. murder of Terena Oziel Gabriel, an Despite the existence of a national policy Indigenous man, was caused by a bullet shot and a programme for the protection of by the federal police in a 2013 operation at human rights defenders, shortcomings in the the Buriti farm, in the state of Mato Grosso programme’s implementation and a lack of do Sul. resources meant that human rights During a visit in March, the UN Special defenders continued to be killed or Rapporteur on the rights of Indigenous threatened. In June the suspension of several Peoples denounced Brazil’s failure to agreements between governments at federal demarcate Indigenous land and the and state levels to implement the programme undermining of state institutions charged with as well as spending cuts further undermined protecting Indigenous Peoples’ rights. its effectiveness. April marked the 20th anniversary of the REFUGEES, ASYLUM-SEEKERS Eldorado dos Carajás massacre, when 19 AND MIGRANTS landless farm workers were killed and 69 There were approximately 1.2 million asylum- wounded during a brutal operation involving seekers, refugees and migrants living in the more than 150 police officers in the country as of October. The government failed southeast of Pará state. Only two to dedicate adequate resources and efforts to commanders of the operation were convicted meet asylum-seekers’ needs, such as of murder and assault. No police officers or processing their requests for asylum. The other authorities were held responsible. Since average request for asylum took at least two the massacre, more than 271 rural workers years to process – leaving asylum-seekers in and leaders were killed in Pará alone. legal limbo during that time. In December the House of Representatives INDIGENOUS PEOPLES’ RIGHTS approved a new migration law safeguarding The demarcation and titling processes of the rights of asylum-seekers, migrants and Indigenous Peoples’ land continued to make stateless persons; the law was under extremely slow progress, despite the expiry evaluation in the Senate at the end of 23 years ago of the constitutional deadline for the year. doing so. A constitutional amendment (PEC Asylum-seekers and migrants reported 215) that would allow legislators to block land having routinely suffered discrimination when demarcations – thus effectively vetoing trying to access public services such as Indigenous Peoples’ rights under the health care and education. Constitution and international law – was During the year, in Roraima state, 455 under discussion in Congress. Demarcation Venezuelan nationals – including many

94 Amnesty International Report 2016/17 children – were deported, many without as adults from 18 to 16 was still under access to due process of law. consideration in the Senate, despite being approved by the House of Representatives VIOLENCE AGAINST WOMEN AND GIRLS in 2015. In May the interim federal government dissolved the Ministry of Women’s Affairs, 1. Brazil: Violence has no place in these games! Risk of human rights Racial Equality and Human Rights and violations at the Rio 2016 Olympic Games (AMR 19/4088/2016) reduced it to a department within the Ministry 2. Brazil: A legacy of violence: Killings by police and repression of of Justice, causing a significant reduction of protest at the Rio 2016 Olympics (AMR 19/4780/2016) resources and programmes dedicated to safeguarding women’s and girls’ rights. A number of studies during the year showed that lethal violence against BRUNEI women had increased by 24% over the previous decade and confirmed that Brazil DARUSSALAM was one of the worst Latin American countries in which to be a girl – especially Brunei Darussalam Head of state and government: Sultan Hassanal due to extremely high levels of gender-based Bolkiah violence and teenage pregnancy, and low completion rates of secondary education. The gang rapes of a girl on 21 May and a Lack of transparency made independent woman on 17 October in Rio de monitoring of the human rights situation Janeiro state, drew nationwide attention, difficult. The phased implementation of the further confirming the state’s failure to amended Penal Code continued. The Code, respect, protect and fulfil women’s and girls’ which seeks to impose Shari’a law, provides human rights. Between January and for the death penalty as well as corporal November, there were 4,298 cases of rape punishment that amount to torture and reported in the state of Rio de Janeiro, 1,389 other ill-treatment for a range of offences. It of those in the capital. also contains provisions which discriminate The year also marked one decade since against women. The Shari’a legislation legislation against domestic violence came completed its first phase of into force. The government failed to implementation. Offences that are rigorously implement the law, however, with punishable with whipping or death sentence domestic violence and impunity for it such as false claims (Article 206), deriding remaining widespread. verses of the Qur’an or Hadith by non- Muslims (Article 111), and abetting or CHILDREN’S RIGHTS attempt to abet, had not been enforced. In In August, one adolescent died and another February, the UN Committee on the Rights six were seriously wounded in a fire in a of the Child urged the government to repeal juvenile detention centre in the city of Rio de Penal Code amendments which would Janeiro. In September, one adolescent who impose the death penalty and corporal had been hospitalized after the incident died punishment on children; and to raise the as a result of injuries. The number of minimum age for marriage. detainees in juvenile detention centres in Rio de Janeiro increased by 48% during the year, DEATH PENALTY aggravating an already critical situation of Although abolitionist in practice, death by overcrowding, poor living conditions, as well hanging was maintained as punishment for a as torture and other ill-treatment. number of offences including murder, A proposed constitutional amendment to terrorism and drug-related crimes. The reduce the age at which children can be tried amended Penal Code provided for

Amnesty International Report 2016/17 95 punishment of death by stoning for both Muslims and religious minorities for crimes COUNTER-TERROR AND SECURITY including “adultery”, “sodomy”, rape, Individuals continued to be arrested under blasphemy and murder. the Internal Security Act which allows authorities to detain suspects without trial for TORTURE AND OTHER ILL-TREATMENT indefinitely renewable two-year periods. The staged implementation of the amended Penal Code, which began in 2014, provides for whipping or amputation for crimes such as robbery and theft. Caning was regularly BULGARIA used as a punishment for offences including Republic of Bulgaria those related to immigration. Head of State: Rosen Plevneliev Head of Government: Boyko Borisov FREEDOM OF EXPRESSION A lack of free and independent media Bulgaria failed to provide all required continued. In November, The Brunei Times services and access to proper procedures was shut down after it published a politically for the rising number of migrants and sensitive article. The act of “printing, refugees arriving in the country and failed disseminating, importing, broadcasting, and to address the allegations of summary distributing publications contrary to Sharia pushbacks and abuse at the border. A law” constituted a crime for both Muslims climate of xenophobia and intolerance and non-Muslims. sharply intensified. Roma continued to be at risk of pervasive discrimination. The FREEDOM OF RELIGION parliament adopted in first reading a new Muslims as well as religious minorities counter-terrorism law. continued to face restrictions on their right to freedom of thought, conscience and religion. REFUGEES’ AND MIGRANTS’ RIGHTS Crimes including blasphemy, insulting the In response to Serbia and Hungary Hadith and any verses of the Qur’an, increasing their border control measures, the declaring oneself a prophet or an apostate Bulgarian authorities adopted an approach (for Muslims) were punishable by death aimed at limiting the number of migrants and under the law. refugees entering the country as an alternative route into the EU. Human rights RIGHTS OF LESBIAN, GAY, BISEXUAL, organizations documented frequent TRANSGENDER AND INTERSEX PEOPLE allegations of pushbacks, physical abuse and Consensual same-sex sexual activity was a theft by border police. While not openly criminal offence with “intercourse against the condoning pushbacks, Prime Minister order of nature” punishable by up to 10 Borisov conceded that the government had years’ imprisonment. The amended Penal adopted what he termed a “pragmatic Code would make punishment of stoning to approach” to the refugee crisis. He said that death for “sodomy” mandatory. Article 198 over 25,000 people were returned to Turkey cites “Man posing as woman or vice versa” and Greece in the period up to August. as a crime. In August, a man was arrested for There was continued impunity for reported “cross-dressing and improper conduct”. abuses at the border. In July, Burgas District Punishment on conviction included a fine of Prosecutor’s Office closed criminal BN$1,000 (approx. US$730) or three proceedings in connection to the October months’ imprisonment, or both. 2015 death of an unarmed Afghan man who was shot by border police. The majority of migrants and refugees continued to be routinely subject to

96 Amnesty International Report 2016/17 administrative detention, often for months Bulgarian Helsinki Committee, local police longer than the legally prescribed period. Two arrested some of the perpetrators and the attempts to irregularly cross the border, Ministry of Interior issued statements asking whether to enter or leave the country, citizens to refrain from apprehending amounted to a criminal offence. refugees, asylum-seekers and migrants. Consequently, migrants and refugees apprehended while trying to leave the country Roma irregularly were prosecuted and jailed, some Social exclusion and widespread for longer than a year. discrimination against Roma continued. The UN Committee on the Rights of the Child Children expressed concern about the continued The practice of the unlawful detention of limited access of Roma children to unaccompanied children persisted. To education, health and adequate housing. circumvent the prohibition of detention of Roma remained grossly overrepresented in unaccompanied minors, migration authorities “special” schools, mental health institutions arbitrarily assigned unaccompanied children and juvenile detention centres. The to adults who were not related to them. authorities continued to carry out forced Reception centres had inadequate evictions without the provision of adequate provisions for unaccompanied children. The alternative housing, leaving many families authorities routinely failed to provide homeless. adequate access to legal representation, translation, health services and education, Muslim women psychosocial support and a safe and secure In September, the National Assembly environment. Due to the lack of specially approved a national law that prohibited designated facilities for children, many wearing full-face veils in public places. The unaccompanied children were held with law was a part of the package of bills adults and without adequate professional proposed by the Patriotic Front, a member of supervision, making them vulnerable to the ruling coalition, allegedly aimed at sexual abuse, drug use and trafficking. preventing what was characterized as radicalization. Other bills, still under DISCRIMINATION consideration at the end of the year, Xenophobia proposed far-reaching measures, including Human rights organizations highlighted the prohibition of “radical Islam”, a complete concerns over high levels of xenophobia and ban on foreign funding for all religious intolerance directed at groups including denominations and a mandatory use of the refugees, asylum-seekers and migrants, who Bulgarian language during all religious remained particularly vulnerable to violence services. Earlier in the year, several regional and harassment. The government failed to centres, such as Pazardzhik, imposed bans challenge the climate of intolerance and on wearing full-face veils in public. Only a few some public officials frequently engaged in women in Bulgaria wear full-face veils or discriminatory or xenophobic speech. burkas, but the national ban could impact In April, local and international media unfairly on women belonging to the ethnic aired footage of so-called “voluntary border Turkish and Muslim Roma minorities. patrol” groups rounding up and holding captive Iraqi and Afghan migrants attempting COUNTER-TERROR AND SECURITY to cross the border from Turkey before In July, the National Assembly quickly passed handing them over to the police. These illegal a new counter-terrorism bill that defined a “citizens’ arrests” were initially widely praised “terrorist act” vaguely and in excessively by the authorities and certain sectors of the broad terms.1 The bill gives the President public. After formal complaints by the powers to declare – with approval of the

Amnesty International Report 2016/17 97 National Assembly – a “state of emergency” in the aftermath of an act of terrorism against BURKINA FASO the territory. In such a state of emergency, the authorities could impose blanket bans on Burkina Faso public rallies, meetings and demonstrations Head of state: Roch Marc Christian Kaboré without any effective and independent Head of government: Paul Kaba Thiéba (replaced oversight. The bill additionally provided a list Yacouba Isaac Zida in January) of administrative control measures, including travel bans and controls of individuals’ The political turmoil of the previous two freedom of movement and association, that years largely receded. Armed groups could be applied to anyone suspected of committed abuses. The rates of maternal “preparing or planning a terrorist act”. mortality as well as early and forced marriage remained high, although the Non-refoulement government began to address the issues. Bulgaria violated the international legal principle of non-refoulement in August. The BACKGROUND police apprehended Abdullah Buyuk, a In September the government established a Turkish national who had been residing in commission to draft a new Constitution to Bulgaria since late 2015, and secretly usher in the “Fifth Republic”. handed him over to Turkish authorities. The authorities acted on the basis of an Interpol MILITARY TRIBUNAL warrant, issued at the request of the Turkish In June, the military tribunal indicted 14 government seeking Abdullah Buyuk’s people, including former President Blaise extradition on charges of money laundering Compaoré, suspected of involvement in the and terrorism in association with the Gulenist assassination of President Thomas Sankara movement. Abdullah Buyuk’s lawyer said that in 1987. Seven people, including Colonel he had not been given an opportunity to Alidou Guebré and Caporal Wampasba contact legal counsel or his family, or Nacouma, were arrested in October and otherwise challenge the transfer. His request charged. In May, Burkina Faso issued an for asylum in Bulgaria had been rejected only international arrest warrant for the former days before the handover, which took place President and another of those indicted who despite two earlier court rulings blocking his were living in exile. extradition. In March 2016, Sofia City Court Between July and October, 38 of 85 and the Bulgarian Court of Appeal had ruled people charged with threatening state that Abdullah Buyuk should not be extradited security, crimes against humanity and stating that the charges appeared to be murder following a coup attempt in politically motivated and that Turkey could September 2015 were provisionally released, not guarantee him a fair trial. The including journalists Caroline Yoda and Ombudsman’s Office stated publicly that Adama Ouédraogo. Former Minister of Abdullah Buyuk’s return to Turkey had Foreign Affairs Djibril Bassolé and General contravened the Bulgarian Constitution, Gilbert Dienderé remained in custody domestic law and Bulgaria’s international awaiting trial by the military tribunal. In April, legal obligations. the authorities lifted the international arrest warrant for Guillaume Soro, President of the National Assembly of Côte d’Ivoire, who had 1. Bulgaria: Proposed counter-terrorism bill would be a serious step back for human rights (EUR 15/4545/2016) been investigated for alleged involvement in the attempted coup.

98 Amnesty International Report 2016/17 Commission’s conclusions were not made ABUSES BY ARMED GROUPS public. Throughout the year, armed groups attacked civilians and members of the security forces, WOMEN’S RIGHTS in the capital, Ouagadougou, and in the north The UN Committee on Economic, Social and near the Malian border. Cultural Rights stated that women in rural In January, an armed group deliberately areas were particularly disadvantaged and indiscriminately killed and injured regarding economic, social and cultural civilians in an attack in Ouagadougou. Al- rights. The Committee recommended that Mourabitoune, a group affiliated to Al-Qa’ida Burkina Faso revise its legislation on the in the Islamic Maghreb, claimed prevention and punishment of violence responsibility. At least 30 people were killed, against women and girls, and provide more including a photographer and a driver support to survivors. It also recommended working on behalf of Amnesty International. that all acts of rape by spouses be punished In May, June, October and December, the and that the reporting of such offences be authorities announced that armed groups encouraged. had attacked police stations near the Malian In July, the UN Human Rights Committee border, killing 21 people in total and noted that more women should have wounding others. positions in public office. Self-defence militia called “Kogleweogo”, mainly comprising farmers and Sexual and reproductive rights breeders, committed abuses, including Only 16% of women in Burkina Faso were beatings and abductions. Civil society using a modern method of contraception and organizations criticized the authorities for nearly 30% of girls and young women aged doing too little to prevent and remedy such 15-19 in rural areas were pregnant or already abuses. The Minister of Justice pledged to had a child. Some women and girls reported end the militias’ activities. In October, a that they did not know that sexual intercourse decree was adopted to regulate their could lead to pregnancy. Many said the cost activities. of contraceptives prevented their use or In September, four Kogleweogo members meant they did not use them consistently. charged in relation to an armed gathering These factors resulted in high-risk and were sentenced to six months in prison, while unwanted pregnancies that sometimes led to 26 others were given suspended sentences dangerous, clandestine abortions. 1 of between 10 and 12 months. At least 2,800 women die in childbirth annually in Burkina Faso. In March, the IMPUNITY authorities removed some key financial In July, the UN Human Rights Committee barriers facing pregnant women, including stressed that the government should costs relating to caesarean sections and redouble its efforts to fully and impartially delivery. investigate all human rights violations committed by armed forces, including the Early and forced marriage Presidential Guard (RSP), sanction those Burkina Faso had one of the world’s highest found guilty and provide remedy to the rates of early and forced marriage. Women victims. and girls reported that they were forced to The Commission of Inquiry established in marry as a result of violence, coercion and 2015 to investigate the killing of at least 10 the pressure linked to the money and goods people and the wounding of hundreds by offered to their families as part of the security forces in October 2014 submitted its marriage. In the Sahel region, more than half report to the Prime Minister. The of girls aged 15-17 were married.

Amnesty International Report 2016/17 99 The authorities adopted a national strategy including the removal of term limits. With to end child marriage by 2025. The plan many Burundians in exile or afraid to express defines a child as someone under the age of dissent, the Commission’s findings risked 18, and considers “marriage” to include all being one-sided. forms of union between a man and woman, The AU stepped back from the protection whether celebrated by a public officer or a force proposed in December 2015 and traditional or religious leader. However, decided instead to send a delegation of five serious concerns remained about the legal African heads of state and government to framework and weaknesses in enforcement Burundi in February. In July, the UN Security of the law. Council authorized the deployment of up to 228 police officers, a move rejected by the government. 1. Coerced and denied: Forced marriages and barriers to contraception in Burkina Faso (AFR 60/3851/2016) On appeal in May, the Supreme Court sentenced 21 army and police officers to life imprisonment for their involvement in the failed coup attempt in May 2015. Five others BURUNDI received two-year sentences and two were acquitted. The sentences were heavier than Republic of Burundi those handed down in January. Head of state and government: Pierre Nkurunziza On 20 August, General Evariste Ndayishimiye was elected Secretary General The political crisis became less overtly of the ruling National Council for the Defense violent, although serious human rights of Democracy-Forces of Defense of violations continued, including unlawful Democracy (CNDD-FDD). killings, enforced disappearances, torture After several months of consultations, the and other ill-treatment and arbitrary arrests. EU decided in March to suspend direct Violence against women and girls increased. financial support to the government, pending The rights to freedom of expression and regular reviews. In October the EU judged association were stifled. With increased that commitments proposed by the repression and unchallenged impunity, a government to address its concerns were climate of fear took hold in the capital and insufficient to restart support. The EU elsewhere. Around 3 million people needed renewed sanctions against four men humanitarian assistance by the end of the “deemed to be undermining democracy or year due to the political crisis, the obstructing the search for a political solution collapsing economy and a series of natural to the crisis in Burundi” by inciting acts of disasters. repression against peaceful demonstrations or participating in the failed coup. Similarly, BACKGROUND the USA issued sanctions against a further The political crisis sparked by President three people, bringing the total under US Nkurunziza’s decision in 2015 to stand for a sanctions to 11. third term became increasingly entrenched Access to basic services was hampered by and was accompanied by a deepening socio- the insecurity and deteriorating economy. economic crisis. Cuts to external financial assistance led to Mediation efforts under the auspices of the massive budget cuts. Natural disasters, East African Community stalled, despite the including floods, landslides and storms, appointment in March of former Tanzanian exacerbated the situation. Humanitarian President, Benjamin Mkapa, as facilitator. organizations estimated that 3 million people The National Commission for Inter-Burundian needed assistance in October, up from 1.1 Dialogue reported that most participants had million in February. A cholera epidemic was called for constitutional amendments,

100 Amnesty International Report 2016/17 declared in August and cases of malaria were seen on 22 July.2 His colleague received a almost double those seen in 2015. phone call saying he had been taken by people believed to be members of the SNR. UNLAWFUL KILLINGS Two bodies in an advanced state of Hundreds of people were unlawfully killed in decomposition were later found in a river; targeted and indiscriminate killings related to neither could be identified. the crisis. NGOs continued to report the discovery of mass graves. Amnesty TORTURE AND OTHER ILL-TREATMENT International’s analysis of satellite images and Torture and other ill-treatment continued to video footage from a site in Buringa near the be perpetrated at an alarming rate and with capital, Bujumbura, supported witness impunity by the SNR, the police and the accounts that people killed by security forces Imbonerakure, the youth wing of the ruling in December 2015 were later buried in mass party. Methods documented included: graves.1 In February, the Mayor of beating with branches, iron bars and batons; Bujumbura showed the media a grave in the electric shocks; stamping on victims; denial Mutakura neighbourhood of the capital that of medical care; verbal abuse; and death he alleged was dug by members of the threats.3 People who refused to join the opposition. The government did not take up Imbonerakure said they were beaten during offers from the Office of the UN High arrest and in detention, apparently as a Commissioner for Human Rights and the UN punishment. Others were beaten as they tried Independent Investigation on Burundi to flee the country. (UNIIB) to help document alleged mass graves. VIOLENCE AGAINST WOMEN AND GIRLS In early 2016, there were regular grenade In November, the UN Committee on the explosions in Bujumbura followed by targeted Elimination of Discrimination against Women killings. On 22 March, Lieutenant Colonel expressed concern about an increase in Darius Ikurakure, an army officer implicated serious sexual and gender-based violence in numerous human rights violations, was against women and girls by the police, shot dead inside the army’s headquarters. On military and Imbonerakure. 25 April, gunmen fired on the car of General Athanase Kararuza, killing him, his wife ARBITRARY ARRESTS AND DETENTIONS Consolate Gahiro and his assistant Gérard There were regular police searches and Vyimana and fatally wounding his daughter arrests in neighbourhoods of Bujumbura Daniella Mpundu. The previous day Human where the 2015 protests had been Rights Minister Martin Nivyabandi and Diane concentrated. In these neighbourhoods and Murindababisha were injured in an attack. other parts of Burundi, police regularly On 13 July, unidentified gunmen killed Hafsa checked household notebooks in which Mossi, a former minister and member of the residents should be registered. East African Legislative Assembly. A senior On 28 May, the police arrested several presidential adviser, Willy Nyamitwe, was hundred people in the Bwiza neighbourhood injured in an assassination attempt on 28 of Bujumbura. A police spokesperson was November. reported as saying that it was normal to arrest people near a grenade attack as the ENFORCED DISAPPEARANCES perpetrators might be found among them. Reports of enforced disappearances, often On 25 August, the police presented to the implicating the National Intelligence Services media 93 people who had been arrested and (SNR), continued and numerous cases from accused of begging as part of the “clean city” 2015 remained unsolved. operation. Jean Bigirimana, a journalist with the independent media outlet Iwacu, was last

Amnesty International Report 2016/17 101 NGOs which will impose stricter controls on FREEDOM OF EXPRESSION their work. Freedom of expression was stifled at all levels of society. HUMAN RIGHTS DEFENDERS Hundreds of secondary school students Human rights work became increasingly were suspended for doodling on a photo of dangerous and difficult. The SNR increased the President in their textbooks. In June surveillance of human rights defenders and dozens of students were arrested and other perceived government critics. Victims accused of insulting the President, including and witnesses of violations were afraid to in Muramvya, Cankuzo and Rumonge speak out. provinces. Two were charged with In October, the Minister of Interior banned participating in an insurrectionary movement five leading human rights organizations that and mobilizing students to demonstrate. The had been suspended in 2015. The Minister rest were released by mid-August. suspended five others the following week, Burundian and international journalists one of which, Lique Iteka (the Burundian faced persecution, despite the reopening of Human Rights League) was permanently two private radio stations in February. Phil closed in December, following the publication Moore and Jean-Philippe Rémy, who were of a controversial report. working for the French newspaper Le Monde, Following the review of Burundi by the UN were arrested in January. Julia Steers, an Committee against Torture in July, a American journalist; Gildas Yihundimpundu, Burundian prosecutor called on the Bar a Burundian journalist; and their Burundian Association to strike off four lawyers who driver were arrested on 23 October. Julia contributed to the civil society report Steers was taken to the US Embassy the submitted to the Committee. Pamela Capizzi same day, but Gildas Yihundimpundu and of Switzerland-based TRIAL International, an the driver were held overnight at the SNR. NGO, was asked to leave the country on 6 Léon Masengo, a journalist with Isanganiro October despite having a visa. FM, was briefly detained on 11 November after he went to cover the interrogation of a LACK OF ACCOUNTABILITY police officer accused of many human Victims of human rights violations continued rights violations. to face serious challenges in accessing justice. Journalist Esdras Ndikumana was FREEDOM OF ASSOCIATION tortured in August 2015 and filed a complaint Members of opposition political parties faced at the Supreme Court in October 2015. No repression. progress was made in the case in 2016. In March, at least 16 members of National Judicial investigations continued to lack Liberation Forces (FNL) party were arrested credibility. In March, the Prosecutor General at a bar in Kirundo province. The police said announced the findings of a commission of they were holding an unauthorized political inquiry into alleged extrajudicial executions meeting. Local opposition party leaders who committed on 11 December 2015 and the opposed President Nkurunziza’s re-election subsequent discovery of suspected mass were beaten and threatened by the graves. According to the report, all but one Imbonerakure. Throughout the country, the person found dead in the Bujumbura Imbonerakure put pressure on people to join neighbourhoods of Musaga, Ngagara and it or the ruling CNDD-FDD, and carried out Nyakabiga had participated in the fighting. campaigns of intimidation against those While an exchange of fire did take place on who refused. 11 December, this was followed by cordon- In December, the national assembly and-search operations in which many people adopted two laws on national and foreign were killed by a bullet to the head and at least one body was found tied up.

102 Amnesty International Report 2016/17 The operational phase of the Truth and end of the year, only a third of these had Reconciliation Commission, which covers been deployed and a memorandum of 1962 to 2008, was launched in March and understanding was yet to be signed. began collecting testimonies in September. It In April, the African Commission on does not have judicial authority and the Human and Peoples’ Rights presented to the special tribunal that was initially envisaged AU’s Peace and Security Council the report of was not established. its December 2015 fact-finding mission to Burundi. Its recommendations included the REFUGEES AND INTERNALLY establishment of a joint regional and DISPLACED PEOPLE international investigative mechanism. Approximately 100,000 people fled Burundi The UN Committee against Torture in 2016, bringing the total number of requested a special report from Burundi, Burundian refugees who had fled the which was reviewed in July. The government ongoing crisis to over 327,000. The Office for delegation only attended half of the review the Coordination of Humanitarian Affairs and did not respond to questions. However, it (OCHA) estimated that 139,000 people were did submit further feedback in October. internally displaced due to the crisis and The UNIIB presented its report to the natural disasters. Human Rights Council (HRC) in September.4 People trying to flee were abused and It found that gross, systematic and patterned robbed. Members of the Imbonerakure human rights violations were taking place were largely responsible, although refugees and that impunity was pervasive. To follow also accused people in police and up, the HRC established a commission of military uniforms. inquiry on Burundi. Burundi rejected this move and, in October, banned the three WOMEN’S RIGHTS UNIIB experts from Burundi and suspended The Committee on the Elimination of co-operation with the UN High Commissioner Discrimination against Women expressed for Human Rights pending renegotiation. concern about: the high secondary school In April, the Office of the Prosecutor of the drop-out rate for girls; women’s limited International Criminal Court (ICC) opened a access to basic health care and sexual and preliminary examination into the situation in reproductive health services; the continued Burundi. On 8 October, both the National criminalization of abortion; and the fact that Assembly and the Senate voted to leave the 45% of incarcerated women were serving ICC.5 The UN Secretary-General received sentences for abortion and infanticide. The official notification of Burundi’s withdrawal Committee highlighted the concentration of from the Rome Statute of the ICC on 27 women working in the informal sector in October, which will come into effect after unskilled and low-paid jobs without social a year. protection. It also noted the lack of protection of domestic workers from exploitation 1. Burundi: Suspected mass graves of victims of 11 December violence and sexual abuse, and the failure to ban (AFR 16/3337/2016) child labour. 2. Burundi: Whereabouts of Burundian journalist unknown − Jean Bigirimana (AFR 16/4832/2016) INTERNATIONAL SCRUTINY 3. Burundi: Submission to the United Nations Committee against The situation in Burundi came under intense Torture, 25 July-12 August 2016 (AFR 16/4377/2016) scrutiny by international and regional bodies, 4. Burundi: Written Statement to the 33rd session of the UN Human and the government became increasingly Rights Council (AFR 16/4737/2016) hostile in its responses to such initiatives. 5. Burundi: ICC withdrawal must not block justice for crisis abuses In February, the government agreed to an (News story, 12 October) increase in the number of AU human rights observers and military experts to 200. By the

Amnesty International Report 2016/17 103 for a “safe and enabling environment for CAMBODIA human rights defenders and civil society”.

Kingdom of Cambodia FREEDOMS OF EXPRESSION Head of state: King Norodom Sihamoni AND ASSOCIATION Head of government: Hun Sen Legal action against the political opposition escalated in an apparent attempt to hamper Crackdown on the rights to freedom of activities ahead of commune elections in expression, association and peaceful 2017. At least 16 activists and officials from assembly intensified ahead of elections in the opposition remained in prison after unfair 2017/2018. The authorities’ misuse of the trials. They included 14 CNRP members who justice system increased; the security forces were convicted of leading and/or participating continued to harass and punish civil society in an “insurrection” related to a and silence critics. Human rights defenders demonstration in July 2014. At least two were arrested and held in pre-trial opposition party members were held in pre- detention; several were tried and sentenced, trial detention and at least 13 had charges including for previous alleged offences, and pending against them. others were given suspended sentences or In December, and two had charges pending against them. Political assistants were sentenced to five years’ opposition was targeted, with activists imprisonment on charges of being serving long sentences handed down in “accomplices” in a 2015 forgery case against previous years and new legal action taken opposition party senator Hong Sok Hour, who against opposition party leaders and others. was convicted in November 2016 on charges A prominent political commentator was shot of fraud and incitement and given a seven- dead and impunity continued for past year prison sentence. Rainsy and the two unlawful killings. assistants are in exile in France. In September, was BACKGROUND sentenced in his absence to five months’ Tensions between the ruling Cambodian imprisonment for refusing to appear as a People’s Party (CPP) and the main opposition witness in the prosecution of two CNRP MPs Cambodian National Rescue Party (CNRP) who were charged with “procurement of remained high. The prospect of commune prostitution”. He was pardoned by the King in and national elections in 2017 and 2018 December at the Prime Minister’s request. respectively created an unstable political In October, CNRP MP Um Sam An was environment threatening human rights. From sentenced to two and a half years’ May, CNRP MPs intermittently boycotted the imprisonment for incitement related to the National Assembly in protest at legal action CNRP campaign alleging encroachment by taken against CNRP deputy leader Kem Viet Nam into Cambodian territory. Sokha for failing to appear as a witness in a court case. CNRP leader Sam Rainsy HUMAN RIGHTS DEFENDERS remained in self-imposed exile in France; in Human rights defenders were threatened and October the government formally announced arrested for peacefully carrying out their that he was banned from returning to work. Intimidation, threats and heavy Cambodia. He was targeted with a series of surveillance caused several to leave the criminal charges against him during the year. country in fear for their safety. In September, 39 states issued a In May, a landmark case was brought statement at the 33rd UN Human Rights against Ny Sokha, Yi Soksan, Nay Vanda and Council meeting expressing concern about Lem Mony, staff members from the the political situation in Cambodia and calling Cambodian Human Rights and Development Association (ADHOC) who were arrested on

104 Amnesty International Report 2016/17 28 April and charged with bribing a witness. Ny Chakrya, a former ADHOC staff member FREEDOM OF ASSEMBLY and deputy secretary-general of the National Peaceful protests continued to be hampered Election Committee (NEC), was also charged by the authorities. In May, civil society as an accomplice. The case was related to launched a peaceful “Black Monday” advice and material support provided by campaign to call for the release of four ADHOC to a woman alleged to have had an ADHOC staff and one former NEC staff extra-marital relationship with Kem Sokha. In member (see above). Protesters wearing October, the investigating judge extended black took part in weekly gatherings and their pre-trial detention to one year. In vigils, and posted images on social media. December, Minister of Interior Sar Kheng The authorities attempted to ban the protests announced that the five would be released and threatened, arrested and detained but no action was taken. The alleged affair participants who were generally released only led to three separate criminal cases involving after signing undertakings not to protest eight political and civil society actors, as well again. Housing rights activists from the as one against the woman. The CPP filed a capital, , were among those criminal defamation complaint against routinely targeted. political commentator Ou Virak for Tep Vanny and Bov Sophea from Boeung commenting that the cases were politically Kak community were arrested on 15 August motivated. Seang Chet, an opposition at a “Black Monday” vigil. They were tried on commune councillor, was convicted on 22 August and sentenced to six days’ charges of bribery in one of these cases in imprisonment each for insulting a public December. He received a five-year sentence official. Bov Sophea was released after time but was pardoned and released two days served, and Tep Vanny was held in prison for later. investigation on a revived charge relating to a In a separate case, Ny Chakrya was 2013 protest. In another revived case, on 19 sentenced to six months’ imprisonment for September, Tep Vanny, Bo Chhorvy, Heng defamation, malicious denunciation and Mom and Kong Chantha, also from the publication of commentaries intended to Boeung Kak community, were sentenced to unlawfully coerce judicial authorities after six months’ imprisonment for insulting and criticizing a court in Siem Reap for its obstructing public officials in relation to a handling of a land dispute case in May 2015. 2011 protest. Tep Vanny remained In April, NEC member and former union imprisoned and the three other women leader Rong Chhun was informed that he remained free pending an appeal against would be tried on criminal charges in relation conviction at the end of the year. to a 2014 demonstration at which a number of protesting factory workers were shot dead UNLAWFUL KILLINGS by security forces. Ny Chakrya and Rong Political commentator Kem Ley was shot Chhun both worked for the NEC and their dead on the morning of 10 July at a service cases were viewed as targeted attempts to station where he regularly went to meet exclude them from their appointed positions. people. He was frequently interviewed on Try Sovikea, Sun Mala and Sim Samnang, radio and news media for his views on environmental activists from the NGO Mother political events in Cambodia, including Nature who had been arrested in August criticism of the government. Oeuth Ang, a 2015, were sentenced in June to 18 months’ former soldier, was arrested shortly imprisonment for threatening to destroy afterwards, but the authorities failed to property. They were released after the conduct an independent and effective balance of their sentence after time served investigation or to inform the public was suspended. adequately of any investigations into the killing. Prime Minister Hun Sen filed a

Amnesty International Report 2016/17 105 defamation suit against Sam Rainsy after the latter had posted on Facebook that the CAMEROON government may have been behind the killing. Opposition senator Thak Lany was Republic of Cameroon convicted in her absence of defamation and Head of state: Paul Biya incitement for allegedly accusing Hun Sen of Head of government: Philémon Yang ordering the killing. No progress was made in holding anyone The armed group Boko Haram continued to to account for the killings of at least six commit serious human rights abuses and people and the enforced disappearance of violations of international humanitarian law Khem Saphath during a violent crackdown by in the Far North region, including killing security forces on freedom of peaceful and abducting hundreds of civilians. In assembly in 2013 and 2014. A renewed response, the authorities and security forces investigation ordered in 2013 into the fatal committed human rights violations, shooting of trade union leader Chea Vichea including arbitrary arrests, incommunicado by unidentified perpetrators in January 2004 detentions, torture and enforced also appeared to be making no progress. disappearances. As a result of the conflict, more than 170,000 people had fled their RIGHT TO ADEQUATE STANDARD homes since 2014. Freedoms of expression, OF LIVING association and peaceful assembly Land grabbing, Economic Land Concessions continued to be restricted. Demonstrations granted to private stakeholders, and major in Anglophone regions from late October development projects continued to impact were violently repressed by the security the right to adequate housing for forces. Journalists, students, human rights communities around the country. Work on defenders and members of opposition the proposed Lower Sesan II hydropower parties were arrested and some faced trial dam in the northeast province of Stung Treng before military courts. Lesbian, gay, progressed, with estimates that around 5,000 bisexual, transgender and intersex (LGBTI) members of Indigenous minorities faced people faced discrimination, intimidation relocation due to inundation. The UN Special and harassment, although the number of Rapporteur on Cambodia called for adequate arrests and prosecutions continued to fall. consultation, better understanding of cultural practices and consideration of alternatives ABUSES BY ARMED GROUPS – proposed by the communities. BOKO HARAM Boko Haram committed crimes under REFUGEES AND ASYLUM-SEEKERS international law and human rights abuses, In January the Ministry of Interior confirmed including suicide bombings in civilian areas, that more than 170 Montagnard asylum- summary executions, torture, hostage-taking, seekers who had fled Viet Nam would have abductions, recruitment of child soldiers, their claims assessed for refugee status, after looting and destruction of public, private and initially refusing to do so. Thirteen who had religious property. During the year, the group earlier been granted refugee status were carried out at least 150 attacks, including 22 transferred to the Philippines pending suicide bombings, killing at least 260 resettlement to a third country. During the civilians. The crimes were part of a year, around 29 returned to Viet Nam systematic attack on the civilian population voluntarily with assistance from UNHCR, the across the Lake Chad basin. UN refugee agency. Boko Haram deliberately targeted civilians in attacks on markets, mosques, churches, schools and bus stations. In January alone, at least nine suicide attacks killed more than 60

106 Amnesty International Report 2016/17 civilians. On 10 February in the town of Kah Walla, President of the Cameroon Nguéchéwé, 60km from Maroua, two women People’s Party, was victim of several arbitrary suicide bombers attacked a funeral, killing at arrests. On 8 April, she was detained along least nine civilians, including a child, and with 11 members of her party at the Judicial injuring more than 40 people. On 19 Police station located at the Elig-Essono February, two women suicide bombers killed neighbourhood in Yaoundé on charges of at least 24 civilians and injured 112 others in “insurrection and rebellion against the State”, a crowded market in the village of Mémé, for peacefully protesting against the near Mora. Suicide bombings on 21 August government. On 20 May, she was detained and 25 December killed a total of five people along with 14 members of her party at the and wounded at least 34 at markets in Mora. Directorate for the Surveillance of the National Territory in Yaoundé charged with ARBITRARY ARRESTS AND DETENTIONS “rebellion, inciting insurrection and inciting Security forces continued to arbitrarily arrest revolt”; they were all released the same day individuals accused of supporting Boko without any explanation. On 28 October Haram, often with little or no evidence, and Kah Walla was arrested at her party detained them in inhumane, often life- headquarters in Yaoundé and detained at the threatening conditions. Hundreds of suspects Yaoundé 1 Central Police Station alongside were held in unofficial detention centres, 50 of her supporters as they gathered for a such as military bases or premises belonging prayer for the victims of the Eseka train to the national intelligence agencies, without crash. The arrest was carried out without any access to a lawyer or their families. warrant. They were detained for more than The security forces continued to use seven hours without charge. No reason was “cordon and search” operations, leading to given for their arrest. mass arrests. In late October, lawyers, students and teachers from the Anglophone regions of TORTURE, DEATHS IN CUSTODY AND Cameroon went on strike, in opposition to ENFORCED DISAPPEARANCES what they viewed as the marginalization of Dozens of men, women and children the Anglophone minority. Protesting erupted accused of supporting Boko Haram were in several cities in the southwest and tortured by members of the Rapid northwest of the country, including Bamenda, Intervention Battalion (BIR), an elite army Kumba and Buea. Cameroon’s security unit, at the military base known as Salak, forces arbitrarily arrested protesters and used near Maroua, and by officers of the General excessive force to disperse them. In one Directorate of External Research (DGRE), an example, on 8 December, the use of live intelligence service, in premises in the bullets by security forces led to the deaths of capital, Yaoundé. Some of them died as a between two and four people during a protest result of torture; others disappeared.1 in the northwestern city of Bamenda. FREEDOMS OF EXPRESSION, UNFAIR TRIALS ASSOCIATION AND ASSEMBLY People continued to face unfair trials before Human rights defenders, including civil military courts. society activists and journalists, continued to The trial of Radio France Internationale be intimidated, harassed and threatened. In correspondent Ahmed Abba, who was response to curtailed freedoms of expression, arrested in Maroua in July 2015, began at association and peaceful assembly, Yaoundé Military Court on 29 February. It was journalists reported that they self-censored to marred by irregularities, including witnesses avoid repercussions for criticizing the not being called to testify, and documents not government, especially on security matters. being shared with defence lawyers. Charged with complicity with and non-denunciation of

Amnesty International Report 2016/17 107 terrorist acts, he was tortured while held incommunicado for three months. PRISON CONDITIONS The trial of three journalists – Rodrigue Prison conditions remained poor, marked by Tongué, Felix Ebole Bola and Baba Wamé – chronic overcrowding, inadequate food, continued at Yaoundé Military Court. They limited medical care, and deplorable hygiene were charged in October 2014 with non- and sanitation. Maroua prison housed around denunciation of information and sources. If 1,400 detainees, more than three times its convicted, they could face up to five years’ intended capacity. The population of the imprisonment. Trial proceedings were marred central prison in Yaoundé was approximately by substantive and procedural irregularities, 4,000, despite a maximum capacity of 2,000. including the refusal by the judges to allow In Prison Principale in Yaoundé, the majority witnesses to testify. Aboubakar Siddiki, leader of suspected Boko Haram detainees were of the political party Mouvement patriotique permanently chained until August. du salut camerounais, and Abdoulaye The main factors contributing to Harissou, a well-known notary, faced trial overcrowding included the mass arrests of alongside the three journalists. Arrested in people accused of supporting Boko Haram, August 2014, they were both held the large number of detainees held without incommunicado at the DGRE for more than charge, and the ineffective judicial system. 40 days before being transferred to Prison The government promised to build new Principale in Yaoundé. They faced charges of prisons and began constructing 12 new cells illegal possession and use of weapons of war, for the prison in Maroua. The measures were murder, revolution, insulting the head of state considered insufficient to resolve the crisis. and hostility against the state. Fomusoh Ivo Feh, arrested in December REFUGEES’ AND MIGRANTS’ RIGHTS 2014 in Limbe for forwarding a sarcastic text At least 276,000 refugees from the Central message about Boko Haram, was sentenced African Republic lived in harsh conditions in to 10 years in prison by Yaoundé Military crowded camps or with host families along Court on 2 November for “non-denunciation border areas of southeastern Cameroon. of a terrorist act”. Convicted on the basis of Some 59,000 refugees from Nigeria lived in limited and unverifiable evidence, his trial the UN-run Minawao camp in the Far North was marred by irregularities, including the region, but around 27,000 others struggled to lack of an interpreter. cope outside the camp, facing food insecurity, lack of access to basic services IMPUNITY and harassment by the security forces. The On 11 July, the State Secretary to the insecurity created by both Boko Haram and Minister of Defence in charge of the national the military also led to the internal gendarmerie said that a commission of displacement of around 199,000 people in inquiry to investigate crimes committed by the Far North region. Agreements between the security forces engaged in operations Cameroon, Nigeria, Central African Republic against Boko Haram would be set up. No and UNHCR, the UN refugee agency, to further information was provided. facilitate voluntary return of refugees were In August, the trial of gendarmerie Colonel being finalized at the end of the year. Zé Onguéné Charles, charged with negligence and breach of custody law, RIGHTS OF LESBIAN, GAY, BISEXUAL, started before Yaoundé Military Court. The TRANSGENDER AND INTERSEX PEOPLE Colonel was in charge of the region where, on LGBTI people continued to face 27-28 December 2014, at least 25 men discrimination, intimidation, harassment and accused of supporting Boko Haram died violence. The criminalization of same-sex while detained in a gendarmerie building. sexual relations was retained when the Criminal Code was revised in June.

108 Amnesty International Report 2016/17 On 2 August, three young men were Some 38,000 Syrian refugees were arrested in Yaoundé and taken to a resettled. A national inquiry into violence gendarmerie station where they were beaten, against Indigenous women and girls was insulted and had their hair partially shaved launched. Concerns persisted about the off. The gendarmes poured cold water on the failure to uphold the rights of Indigenous men, forced them to clean the gendarmerie Peoples in the face of economic building, and demanded they “confess” their development projects. sexuality. They were released 24 hours later on payment of a bribe. INDIGENOUS PEOPLES’ RIGHTS In January, the Canadian Human Rights RIGHT TO AN ADEQUATE STANDARD Tribunal ruled that systemic underfunding of OF LIVING First Nation child protection services The Boko Haram violence exacerbated the constituted discrimination. The government hardships of communities in the Far North accepted the ruling but failed to bring an end region, limiting their access to basic social to the discrimination. services, and disrupting trade, farming and In May, the government announced pastoralism. Some 1.4 million people in the unconditional support for the UN Declaration region, most of them children, faced crisis or on the Rights of Indigenous Peoples; by the emergency levels of food insecurity, and 144 end of the year it remained unclear how it schools and 21 health centres were forced to would collaborate with Indigenous Peoples to shut down due to insecurity. implement that commitment. An amended version of the Penal Code, In May, a provincially funded report passed in July, provided that tenants owing confirmed that mercury contamination more than two months’ rent could be continued for the Grassy Narrows First Nation sentenced to up to three years in prison. in the Province of Ontario. About a third of households lived in rented In July, the government issued permits accommodation and almost half of the allowing construction of the Site C dam in the country’s population lived below the poverty Province of British Columbia to proceed, line. despite unresolved court cases concerning obligations under a historic treaty with DEATH PENALTY affected First Nations. People accused of supporting Boko Haram In October, the government of the Province continued to be sentenced to death following of Newfoundland and Labrador agreed to unfair trials in military courts; none were measures to reduce risks to Inuit health and executed during the year. The vast majority of culture from the Muskrat Falls dam, following cases were prosecuted under a deeply flawed hunger strikes and other protests. anti-terrorism law passed in December 2014. In November, the British Columbia government acknowledged the need to address the impact of the resource sector on 1. Right cause, wrong means: Human rights violated and justice denied in Cameroon’s fight against Boko Haram (AFR 17/4260/2016) the safety of Indigenous women and girls. WOMEN’S RIGHTS In March, the government committed to CANADA promoting the sexual and reproductive health and rights of women and girls through its Canada international development programme. Head of state: Queen Elizabeth II, represented by Governor General David Johnston In September, the National Inquiry into Head of government: Justin Trudeau Missing and Murdered Indigenous Women and Girls was launched. Its mandate did not explicitly include police actions or measures

Amnesty International Report 2016/17 109 to address past failures to properly investigate In November, the Quebec government cases. In November, the UN CEDAW launched a public inquiry into surveillance of Committee called on Canada to ensure that journalists by police. the National Inquiry would investigate the role of policing. REFUGEES AND ASYLUM-SEEKERS In November, prosecutors in the Province Throughout the year, 38,700 Syrian refugees of Quebec laid charges in only two of 37 were resettled to Canada through government complaints brought mostly by Indigenous and private sponsorship. women alleging abuse by police. The In April, the Interim Federal Health Independent Observer appointed to oversee Program for refugees and refugee claimants the cases raised concerns about systemic was fully restored, reversing cuts imposed racism. In December the Quebec in 2012. government announced a public inquiry into In August, the Minister of Public Safety the treatment of Indigenous Peoples by announced increased funding for provincial bodies. immigration detention facilities. COUNTER-TERROR AND SECURITY CORPORATE ACCOUNTABILITY In February, legislation was introduced to In June, the British Columbia government reverse 2014 Citizenship Act reforms allowing allowed full operations to resume at the for dual nationals convicted of terrorism and Mount Polley mine, despite an ongoing other offences to be stripped of Canadian criminal investigation into the 2014 collapse citizenship. of the mine’s tailings pond and the fact that In February, the government withdrew an approval of the company’s long-term water appeal against the 2015 bail decision treatment plan was pending. In November, a releasing Omar Khadr – a Canadian citizen private prosecution was launched against the held at the US detention centre in provincial government and the Mount Polley Guantánamo Bay, Cuba, for 10 years Mining Corporation for violations of the beginning when he was 15 years old and Fisheries Act. transferred to a Canadian prison in 2012. In May, the fifth annual report assessing In November, the Federal Court ruled that the human rights impact of the Canada- the Canadian Security and Intelligence Colombia Free Trade Agreement was Service practice of indefinitely retaining released. It again failed to evaluate human metadata from phone and email logs rights concerns linked to extractive projects’ was unlawful. effects on Indigenous Peoples and others. Mediation broke off in the cases of The government failed to adopt measures Abdullah Almalki, Ahmad Abou-Elmaati and to fulfil a 2015 election promise to establish a Muayyed Nureddin who were seeking redress human rights Ombudsperson for the on the basis of a 2008 judicial inquiry report extractive sector. Canada was urged to take documenting the role of Canadian officials that step by the UN Committee on Economic, in their overseas arrest, imprisonment Social and Cultural Rights (CESCR) in March and torture. and by the CEDAW Committee in November. Three Canadian companies faced civil JUSTICE SYSTEM lawsuits over alleged human rights abuses Concerns mounted about extensive use of associated with overseas projects. A case solitary confinement after the case of Adam dealing with HudBay Minerals’ Guatemalan Capay, an Indigenous man held in pre-trial mine was proceeding in Ontario. In October, solitary confinement in Ontario for over four a British Columbia court ruled that a case years, became public in October. involving Nevsun Resources’ Eritrean mine could proceed. In November, an appeal was heard in British Columbia as to whether a

110 Amnesty International Report 2016/17 case involving Tahoe Resources’ Guatemalan people depended on humanitarian mine could go ahead. assistance. Allegations of sexual abuse by international peacekeepers continued to be LEGAL, CONSTITUTIONAL OR reported. INSTITUTIONAL DEVELOPMENTS In February, a 2007 policy limiting BACKGROUND government efforts to seek clemency on From June onwards, after a period of relative behalf of Canadians sentenced to death in calm, conflict between armed groups and foreign countries was reversed. attacks on civilians increased. The conflict, In March, the UN CESCR called on which began in 2013 with the ousting of Canada to recognize that economic, social President François Bozizé, claimed and cultural rights are fully justiciable. thousands of lives. Armed groups, In April, the government approved a Can particularly ex-Seleka and Anti-balaka forces, $15 billion sale of light armoured vehicles to continued to control large swathes of the Saudi Arabia despite human rights concerns. country, facilitated by mass circulation of A 2015 commitment to accede to the UN small arms. Arms Trade Treaty was not met. Elections were held to replace the In May, the government announced plans transitional government and on 11 April a to accede to the Optional Protocol to the UN new government was formed. Convention against Torture and launched Some 12,870 uniformed personnel were consultations with provincial and territorial deployed as part of the UN Multidimensional governments. Integrated Stabilization Mission in the Central Also in May, the government introduced African Republic (MINUSCA), whose legislation to add gender identity and mandate was renewed until 15 November expression as a prohibited ground of 2017. Following criticism of MINUSCA’s discrimination in Canada’s Human Rights Act capacity to respond to attacks, its forces were and Criminal Code hate crime laws. strengthened.1 However, it continued to have limited ability to protect civilians, given the vast size of the Central African Republic (CAR) and the significant presence of armed CENTRAL AFRICAN groups and militias. French forces, deployed under Operation Sangaris, were almost REPUBLIC completely withdrawn in October. In October, the CAR acceded without Central African Republic reservation to the UN Head of state: Faustin-Archange Touadéra (replaced Convention against Torture and its Optional Catherine Samba-Panza in March) Protocol; the International Convention for the Head of government: Simplice Sarandji (replaced Mahamat Kamoun in April) Protection of All Persons from Enforced Disappearance; the Optional Protocol to CEDAW; and the Optional Protocol to the Conflict between and within armed groups ICESCR. However, the CAR authorities did and militias, as well as between not recognize the competence of the relevant international peacekeepers and these treaty bodies. groups, continued and involved serious A major CAR donors’ conference was held human rights abuses, including crimes in Brussels on 17 November. The CAR under international law. Impunity persisted National Recovery and Peacebuilding Plan for those suspected of abuses and crimes 2017-2021 was presented to donors and under international law. More than 434,000 requested $105 million over five years to people were internally displaced and living support measures to both strengthen the in harsh conditions, and at least 2.3 million

Amnesty International Report 2016/17 111 domestic justice system and operationalize On 12 October, at least 37 civilians were the Special Criminal Court (SCC). killed, 60 injured and over 20,000 displaced when ex-Seleka fighters attacked and burned ABUSES BY ARMED GROUPS AND a camp for internally displaced people in CRIMES UNDER INTERNATIONAL LAW Kaga-Bandoro in reprisal for the killing of an Armed groups and militias committed human ex-Seleka member. rights abuses, including unlawful killings, On 15 October in Ngakobo, Ouaka district, torture and other ill-treatment, abductions, suspected ex-Seleka fighters attacked a sexual assaults, looting and destruction of camp for displaced people, leaving 11 property, and attacks on humanitarian civilians dead. workers and premises. Some of these On 24 October in Bangui, a protest against amounted to crimes under international law. MINUSCA led by civilians infiltrated by armed According to the UN, more than 300 security elements left four civilians dead and nine incidents targeting relief agencies were wounded. reported and at least five humanitarian On 27 October, 15 people were killed in workers were killed. More than 500 civilians clashes between ex-Seleka and Anti-balaka were also killed in the violence according to in the villages of Mbriki and Belima, near international NGOs. Bambari, Ouaka district. The risk of attack by Anti-balaka forces In late November fighting between rival ex- and their affiliates continued to restrict Seleka factions in Bria left at least 14 civilians freedom of movement for Muslims living in dead and 75 wounded. enclaves across the country. The southeast of the CAR was also On 3 September, two civilians were killed affected by violence, including by the armed as ex-Seleka fighters clashed with the local group Lord’s Resistance Army (LRA). population and Anti-balaka forces near International NGOs reported 103 attacks by Dekoa town, Kemo district. The ex-Seleka the LRA leading to at least 18 civilian fighters had escaped MINUSCA three weeks casualties and 497 kidnappings since the earlier after the peacekeeping force arrested beginning of the year. 11 ex-Seleka members who were part of a convoy of prominent armed leaders, VIOLATIONS BY PEACEKEEPING FORCES including Abdoulaye Hissène and Haroun Civilians continued to report sexual abuse by Gaye, who also escaped. international forces. Following the report of On 10 September, 19 civilians were killed an independent panel in December 2015, during fighting between Anti-balaka and ex- and a visit in April by the Special Coordinator Seleka forces near the southern town of on improving the United Nations’ response to Kouango, Ouaka district. An estimated sexual exploitation and abuse, MINUSCA 3,500 people were displaced and 13 villages introduced measures to strengthen burned. monitoring, reporting and accountability in On 16 September, ex-Seleka fighters killed relation to such cases. six civilians in the village of Ndomete, near Countries contributing peacekeeping the northern town of Kaga-Bandoro, Nana- troops to the CAR whose soldiers were Grébizi district, as a result of tensions accused of sexual abuse took some steps to between the group and Anti-balaka militia. ensure accountability, but prosecutions Between 4 and 8 October, at least 11 remained rare. In April, three Congolese civilians were killed and 14 injured in the peacekeepers accused of sexual abuse in the capital, Bangui, in reprisal attacks triggered CAR appeared before a military court in the by the assassination of a former army colonel Democratic Republic of the Congo (DRC). by members of a militia based in the Muslim enclave of the capital known as PK5.

112 Amnesty International Report 2016/17 were acquitted or convicted of minor offences REFUGEES AND INTERNALLY and immediately released for time spent in DISPLACED PEOPLE prison, and fear of reprisals prevented More than 434,000 people remained witnesses and victims testifying. internally displaced. They lived in harsh conditions in makeshift camps, and lacked INTERNATIONAL JUSTICE access to food, water, basic health services Limited progress was made in and adequate sanitation. The spontaneous operationalizing the Special Criminal Court, return of a small number of internally which would bring together national and displaced people caused intercommunal international judges to try individuals tensions in some areas, especially in the suspected of serious human rights violations southwest. The returns significantly and crimes under international law decreased following the renewed violence committed since 2003. from June onward. The International Criminal Court (ICC) investigations on the CAR II situation, based IMPUNITY on crimes under international law committed Members of armed groups, militias and from 2012 onward, continued. Two separate security forces suspected of human rights teams worked respectively on crimes abuses and crimes under international law committed by ex-Seleka and by Anti-balaka did not face effective investigations or trial. and its affiliates. On 20 June, ICC Some suspects appeared to be linked to investigations on the CAR I situation, which ongoing armed violence, human rights focused on crimes against humanity and war abuses and crimes under international law, crimes since 1 July 2002, resulted in the and a few held positions of authority. Among conviction of a Congolese national, Jean- them were prominent ex-Seleka leader Pierre Bemba Gombo, as a military Haroun Gaye, the subject of an international commander. He was sentenced to 18 years arrest warrant and UN sanctions, who had in prison for war crimes and crimes against admitted orchestrating the kidnapping of six humanity, including murder, rape and policemen in Bangui on 16 June; and Alfred pillaging committed by his militia. Yekatom (“Colonel Rambo”), a feared Anti- balaka commander also on the UN sanctions PRISON CONDITIONS list, who began sitting as an elected member Prison conditions remained poor and of CAR’s National Assembly in early 2016. security was weak. Of 38 official detention MINUSCA arrested 194 individuals under facilities across the country, only eight its Urgent Temporary Measures, including were functional. prominent ex-Seleka leader Hahmed Tidjani In September, guards severely beat 21 on 13 August. inmates in Ngaragba prison in Bangui. This A weak national justice system triggered an attempted prison break, which undermined efforts to ensure accountability. was foiled by guards using tear gas. An The presence and functioning of judicial investigation into the events was opened soon institutions remained limited, especially afterwards by national authorities. outside Bangui. In areas controlled by armed groups, such as Ndélé town, the capital of NATURAL RESOURCES Bamingui-Bangoran, armed groups and/or The Kimberley Process, a global initiative to traditional chiefs administered justice. stop “blood diamonds” from being sold Judicial authorities lacked the capacity to internationally, banned the CAR from investigate and prosecute people suspected exporting diamonds in May 2013. However, of crimes, including serious human rights the CAR diamond trade continued and abuses. In the few cases involving human armed groups involved in abuses profited rights abuses that went to court, defendants from it. In July 2015, the Kimberley Process

Amnesty International Report 2016/17 113 allowed the resumption of diamond exports conditions in crowded camps. Former from “compliant zones”. During 2016, President Hissène Habré was sentenced to Berberati, Boda, Carnot and Nola, all in the life imprisonment by the Extraordinary southwest, were deemed to be “compliant African Chambers (EAC) in Senegal for zones”. crimes against humanity, war crimes and torture committed in Chad between 1982 RIGHT TO AN ADEQUATE STANDARD and 1990. OF LIVING According to the UN, 2.3 million of the ABUSES BY ARMED GROUPS population of 4.8 million needed Boko Haram carried out attacks on civilians humanitarian assistance and 2.5 million and security forces, killing people and looting people remained food insecure. As a result of and destroying private property and the conflict, household incomes fell and food public facilities. prices rose. Basic health services and On 31 January, at least three people, medicines were provided almost entirely by including a member of a vigilante group, humanitarian organizations following the were killed in two suicide attacks by Boko collapse of the health system. Less than half Haram in the villages of Guié and Miterine, of the population had access to effective Lake Chad region, and more than 56 people health care, and virtually no psychosocial were injured. support was available. According to the UN, only about a third of the population had FREEDOMS OF EXPRESSION access to safe drinking water and adequate AND ASSEMBLY sanitation facilities. The rights to freedom of expression and of association were violated. Human rights defenders continued to be threatened and 1. Mandated to protect, equipped to succeed? Strengthening peacekeeping in Central African Republic (AFR 19/3263/2016) intimidated, and access to social media was regularly restricted. On 19 March, the government banned all demonstrations that were not part of the election campaign. CHAD On 6 February, 17 peaceful protesters were arrested in the capital, N’Djamena. Republic of Chad They were held for two days at the judicial Head of state: Idriss Déby Itno Head of government: Albert Pahimi Padacké (replaced police headquarters, where they were beaten Kalzeubet Pahimi Deubet in February) and had tear gas thrown into their cell. At least two of them needed intensive care treatment in hospital. The armed group Boko Haram continued to Between 21 and 23 March, four activists commit abuses around Lake Chad, killing were arrested and charged with “disturbing people and looting and destroying property. public order” and “disobeying a lawful order” The violence and the government’s response for planning to organize a peaceful displaced tens of thousands of people, who demonstration. They were detained in then faced dire living conditions, including Amsinene Prison in N’Djamena from 24 little access to water and sanitation. March to 14 April. On 14 April they received Presidential elections in April took place a four-month suspended sentence and were against a backdrop of restrictions on prohibited from “engaging in subversive freedom of expression, excessive or activities”. On 4 April, activist Dr Albissaty unnecessary use of force against peaceful Salhe Alazam was charged with “incitement demonstrators, and enforced to take part in an unarmed gathering”, disappearances. More than 389,000 “disturbing public order” and “disobeying a refugees continued to live in harsh lawful order” for organizing a peaceful

114 Amnesty International Report 2016/17 demonstration on 5 April to demand the Hissène Habré instead of Idriss Déby while release of the four activists. He received a on air. He was released seven hours later and four-month suspended prison sentence. suspended from the show. In mid-April, two human rights activists On 30 August, Stéphane Mbaïrabé Ouaye, fled the country after receiving death threats Director of Publication of Haut Parleur via SMS and anonymous phone calls newspaper, was arrested, questioned by following their involvement in pre-election agents of the Directorate of General protests against the re-election of Information and charged with “attempted President Déby. fraud and blackmail” following an interview On 17 November, 11 opposition activists with the Director of the Mother and Child were arrested during an unauthorized protest Hospital in N’Djamena about allegations of against the economic crisis and charged with corruption. He was tried and acquitted, and taking part in an “unarmed gathering”. They released on 22 September. were released on 7 December and the On 9 September, Bemadjiel Saturnin, a charges were dropped. reporter at Radio FM Liberté, was arrested while covering a protest, despite having his EXCESSIVE USE OF FORCE professional ID. He was questioned at the Security forces used excessive or central police station and released four hours unnecessary force with impunity to later. disperse demonstrations in N’Djamena and other towns. ENFORCED DISAPPEARANCES In February and March, security forces On 9 April, at least 64 soldiers were victims of violently dispersed several peaceful enforced disappearance after refusing to vote demonstrations across the country for the incumbent President. Witnesses demanding justice for Zouhoura Ibrahim, a described how security forces identified 16-year-old student raped on 8 February, soldiers who supported opposition allegedly by five young men with links to the candidates, ill-treated them at polling authorities and security forces. On 15 stations, abducted them, and tortured them February, police killed a 17-year-old student at both recognized and unrecognized during a peaceful demonstration in detention centres. Forty-nine of the soldiers N’Djamena, and on 22 February security were released, but the fate of the other 15 forces shot dead a 15-year-old student and was still unclarified at the end of 2016. injured at least five others in the city of Following international pressure, the Public Faya Largeau. Prosecutor opened an investigation into the On 7 August, police used firearms to case of five of the soldiers, but the case was disperse a peaceful demonstration in closed after their release. No investigation N’Djamena against President Idriss Déby’s was undertaken into the allegations of torture re-election, killing one young man and and the other cases of disappearance. seriously injuring another. REFUGEES AND INTERNALLY ARBITRARY ARRESTS AND DETENTIONS DISPLACED PEOPLE – JOURNALISTS More than 389,000 refugees from the Journalists continued to be intimidated and Central African Republic, Nigeria and Sudan routinely subjected to arbitrary arrests and continued to live in poor conditions in short-term detention for exercising their right refugee camps. to freedom of expression. As a result of attacks and threats by Boko On 28 May, a presenter on a national radio Haram, and security operations by the station was interrogated by agents of the Chadian military, 105,000 people were Directorate of General Information after internally displaced and 12,000 returned accidentally referring to the President as from Nigeria and Niger to the Lake Chad

Amnesty International Report 2016/17 115 Basin. The deteriorating security situation in the legal age of marriage for girls from 16 to the border areas of the Lake Chad region 18 years. from late July onward affected humanitarian access and the protection of vulnerable INTERNATIONAL JUSTICE populations. Internally displaced people in On 30 May, former President Habré was the Lake Chad Basin lived in dire conditions sentenced to life imprisonment by the EAC in with extremely limited access to water and Senegal, a court established under an sanitation, especially in the Baga-Sola sites of agreement between the African Union and Bol, Liwa and Ngouboua. Senegal. He was found guilty of crimes against humanity, war crimes and torture RIGHT TO AN ADEQUATE STANDARD OF committed in Chad between 1982 and 1990. LIVING, EDUCATION AND JUSTICE His lawyers lodged an appeal. People continued to flee the escalating On 29 July, the EAC awarded the victims violence in the Lake Chad area, disrupting of rape and sexual violence in the case 20 agriculture, trade and fishing with dire million CFA (US$33,880) each; the victims of economic and social consequences. The arbitrary detention and torture, as well as volatile security situation exacerbated food prisoners of war and survivors, 15 million insecurity. In September, the UN estimated CFA (US$25,410) each; and the indirect that 3.8 million people were food insecure, victims, 10 million CFA (US$16,935) each. including 1 million people at crisis or emergency level. Delays in salary payments led to regular public sector strikes, restricting access to CHILE education and justice. Republic of Chile In August, the government adopted 16 Head of state and government: Michelle Bachelet Jeria emergency reform measures to tackle the economic crisis linked to the drop in the price of oil, including cancelling scholarships Impunity for past and continuing human for university students in the countryside. In rights violations remained a concern. Legal response, students organized both peaceful proceedings relating to allegations of past and violent demonstrations in the main cities, crimes under international law and other including N’Djamena, Sarh, Pala and Bongor. human rights violations continued; in a few cases, those involved were imprisoned. For SEXUAL AND REPRODUCTIVE RIGHTS much of the year, cases of unnecessary and Despite national law providing for the right of excessive use of force by the police couples and individuals to decide freely the continued to be dealt with by the military number, spacing and timing of their children, courts. However, a law passed in November to manage their reproductive health, and to excludes civilians from military jurisdiction. have access to the information and means to Abortion remained criminalized in all do so, many people had no access to circumstances, although some steps were reproductive information or care, particularly taken to decriminalize it in limited in rural areas. The UN Population Fund circumstances. (UNFPA) estimated that only 3% of women used any form of contraception. According to BACKGROUND 2014 figures from the National Institute of Between April and August, the government Statistics, only 5% of married women used carried out a consultation process open to all modern contraceptive methods. citizens as the first step towards the adoption In December the National Assembly of a new Constitution. The current adopted a reform of the penal code raising Constitution, adopted during the military government under General Pinochet,

116 Amnesty International Report 2016/17 contains several provisions that are not in line Victims, their relatives and civil society with international human rights law. organizations opposed several attempts to In January, a law entered into force obtain the early release on parole of people establishing a new Undersecretariat on convicted of human rights violations during Human Rights under the Ministry of Justice. the military government under Augusto The first Undersecretary was appointed Pinochet. At the end of the year, a bill was in September. before Congress to deny the possibility of In April, the government announced that parole for those convicted of crimes plans to reform the law on migration were against humanity. postponed indefinitely. In December it was A law establishing the crime of torture in announced that the bill would be filed in Chilean law came into force in November. In January 2017. September, Chile was one of the countries listed by the UN Subcommittee on POLICE AND SECURITY FORCES Prevention of Torture as having delayed Allegations of unnecessary or excessive use complying with the Optional Protocol to the of force by the police, especially in the UN Convention against Torture, because of context of public protests, continued to be the absence of a national mechanism for the reported. Children, women, journalists and prevention of torture. employees of the National Human Rights Institute acting as observers were among INDIGENOUS PEOPLES’ RIGHTS the victims. In January, Congress established a Human rights violations involving members commission to investigate violence in of the security forces continued to be dealt Araucanía, the region most affected by land with by military courts. However, a new law conflicts involving the Mapuche. The entered into force in November that expressly commission focused on crimes allegedly stated that civilians, whether accused or the committed by the Mapuche as a form of victims of crime, were excluded from protest. However, continued allegations of military jurisdiction. excessive use of force and arbitrary In January, the National Human Rights detentions during police operations against Institute filed a lawsuit to push for further Mapuche communities were not investigated investigation by the ordinary courts into the as they did not fall within the commission’s enforced disappearance of 16-year-old José mandate. The Chamber of Deputies Huenante; he was last seen being detained approved the commission’s conclusions by policemen in September 2005. Following in September. the lawsuit, a military court also reopened an In May, the Inter-American Commission on investigation. However, at the end of the year, Human Rights extended the precautionary José Huenante’s fate and whereabouts measures ordered in October 2015 in favour remained unclarified and neither of Mapuche leader Juana Calfunao. These investigation had established the facts of the measures sought to protect additional case or identified those responsible. members of her family living in the community of Juan Paillalef in the south of IMPUNITY Chile from threats to their life and integrity During the year, several convictions for past related to a land dispute. crimes under international law and other In August, photographer Felipe Durán and human rights violations committed during the Mapuche community member Cristián military regime were confirmed. In Levinao were found not guilty of all charges. September, the Supreme Court confirmed the The two men had been accused of illegal four-year sentences of two former military possession of weapons and drug officials for the torture of General Alberto offences and held in preventive detention for Bachelet in 1973. over 300 days.

Amnesty International Report 2016/17 117 The Machi (Mapuche traditional spiritual In July, Chile reached a friendly settlement authority) Francisca Linconao was detained before the Inter-American Commission on in March and held pending trial. On four Human Rights on a complaint on behalf of occasions a judge allowed her transfer to three gay couples who were denied the right house arrest to address serious health to marry. The settlement included the concerns. On each occasion this was adoption of a series of measures and policies overturned on appeal and she was returned to promote the rights of LGBTI people. In to prison shortly afterwards. In November she August, as part of the settlement, the was transferred to hospital. In December she government announced a participatory began a hunger strike, demanding to be held process with civil society aimed at drafting a in her own home pre-trial, and her defence bill to establish marriage equality. team filed a writ of amparo calling for the same measure. She remained on hunger strike at the end of the year. CHINA

SEXUAL AND REPRODUCTIVE RIGHTS People’s Republic of China Abortion remained a criminal offence in all Head of state: Xi Jinping circumstances. Several women seeking Head of government: Li Keqiang medical care for complications following unsafe abortions risked criminal charges after The government continued to draft and being reported to the authorities by health enact a series of new national security laws professionals. that presented serious threats to the In March, the Chamber of Deputies protection of human rights. The nationwide approved a bill decriminalizing abortion when crackdown on human rights lawyers and the pregnancy poses a risk to a woman’s life, activists continued throughout the year. when it is the result of rape and in cases of Activists and human rights defenders serious foetal impairment. However, continued to be systematically subjected to provisions prohibiting health professionals monitoring, harassment, intimidation, arrest from reporting women were removed from and detention. Police detained increasing the bill following their rejection by the numbers of human rights defenders outside Chamber of Deputies. The amended bill was of formal detention facilities, sometimes pending before the Senate by the end of the without access to a lawyer for long periods, year. exposing the detainees to the risk of torture and other ill-treatment. Booksellers, RIGHTS OF LESBIAN, GAY, BISEXUAL, publishers, activists and a journalist who TRANSGENDER AND INTERSEX PEOPLE went missing in neighbouring countries in In September, the Senate Human Rights 2015 and 2016 turned up in detention in Commission approved the Gender Identity China, causing concerns about China’s law Bill, the first step towards its approval after enforcement agencies acting outside their three years of debate. Approval by the Senate jurisdiction. Controls on the internet, mass and the Chamber of Deputies remained media and academia were significantly pending at the end of the year. The Bill strengthened. Repression of religious proposed establishing the right of individuals activities outside of direct state control over 18 to have their gender identity legally increased. Religious repression conducted recognized by changing their name and under “anti-separatism” or “counter- gender on official documents through an terrorism” campaigns remained particularly administrative process and without the severe in Xinjiang Uighur Autonomous existing requirements of gender reassignment Region and in Tibetan-populated areas. surgery or medical certification.

118 Amnesty International Report 2016/17 include content endangering national LEGAL, CONSTITUTIONAL OR security, inciting ethnic hatred and violating INSTITUTIONAL DEVELOPMENTS religious policies. Sweeping national security laws and regulations continued to be drafted and JUSTICE SYSTEM enacted, giving greater powers to the Shortcomings in domestic law and systemic authorities to silence dissent, restrict or problems in the criminal justice system censor information and harass and prosecute resulted in widespread torture and other ill- human rights defenders. treatment and unfair trials. The Foreign NGO Management Law was The authorities increasingly used due to come into force on 1 January 2017, “residential surveillance in a designated creating additional barriers to the already location”, a form of secret incommunicado limited rights to freedom of association, detention that allowed the police to hold peaceful assembly and expression. Although individuals for up to six months outside the the law was ostensibly designed to regulate formal detention system, without access to and even protect the activities of foreign legal counsel of their choice, their families or NGOs, it transferred to the Ministry of Public anybody else from the outside world, and Security – the state policing agency – the placed suspects at risk of torture and other responsibility to oversee the registration of ill-treatment. This form of detention was used these NGOs, as well as supervise their to curb the activities of human rights operations and pre-approve their activities. defenders, including lawyers, activists and The wide discretion given to police to oversee religious practitioners. and manage the work of foreign NGOs raised the risk of the law being misused to HUMAN RIGHTS DEFENDERS intimidate and prosecute human rights At the end of the year, five people remained defenders and NGO staff. in detention awaiting trial on charges of On 7 November, the National People’s “subverting state power” or “inciting Congress (NPC) passed the Cyber Security subversion of state power”, and four on Law, which purported to protect internet charges of “picking quarrels and provoking users’ personal data from hacking and theft, trouble” or “making arrangements for but made it obligatory for internet companies another person to illegally cross the national operating in China to censor content, store border”. Their detention followed the users’ data domestically, and enforce a real- unprecedented government crackdown on name registration system in a way that runs human rights lawyers and other activists counter to national and international which started in mid-2015, in which at least obligations to safeguard the rights to freedom 248 lawyers and activists were questioned or of expression and privacy. The law prohibited detained by state security agents. At least 12 individuals or groups from using the internet of the individuals detained in the crackdown, to “harm national security”, “upset social including prominent human rights lawyers order”, or “harm national interests” – terms Zhou Shifeng, Sui Muqing, Li Heping and that were vague and imprecise under existing Wang Quanzhang, had been held in Chinese law and could be used to further “residential surveillance in a designated restrict freedom of expression. The law location” on suspicion of involvement in state enshrined the concept of “internet security crimes. Family members of those sovereignty”, which justified broad detained were also subject to police censorship and extensive surveillance powers surveillance, harassment and restriction of in the name of protecting national security. their freedom of movement. Legal assistant Also on 7 November, the NPC passed the Zhao Wei and lawyer Wang Yu were released Film Industry Promotion Law which on bail in early July and early August prohibited the production of films that respectively, although they remained subject

Amnesty International Report 2016/17 119 to restrictions on their rights to freedom of those detained for supporting the Hong Kong movement, expression and association for protests, reported that he was beaten and Su one year and remained at risk of prosecution. Changlan reported she was denied adequate On 2 August, activist Zhai Yanmin was medical treatment in detention. convicted of “subverting state power” and The number of carefully choreographed sentenced to three years’ imprisonment, televised “confessions” increased during the suspended for four years. Hu Shigen and year. They included interviews with detained lawyer Zhou Shifeng were convicted of the human rights defenders conducted by same charge and sentenced to seven and a Chinese state media and, in two cases, by half years’ imprisonment and seven pro-Beijing media outlets in Hong Kong. years’ imprisonment respectively on Although such “confessions” had no legal 3 and 4 August. validity, they undermined the right to a fair Lawyer Jiang Tianyong went missing on 21 trial. Those shown “confessing” on television November. His family was notified on 23 included lawyers Zhou Shifeng and Wang Yu, December that he had been placed under activist Zhai Yanmin, Hong Kong bookseller “residential surveillance in a designated Gui Minhai and Swedish NGO worker Peter location” under suspicion of “inciting Dahlin, who was detained and later deported. subversion of state power”. Liu Feiyue and Zhao Wei and her lawyer, Ren Quanniu, Huang Qi, both human rights defenders and posted confessions on their social media after website founders, were detained in they were reportedly released on bail. November, accused respectively of “inciting Several journalists and activists who went subversion” and “leaking state secrets”. missing outside mainland China were The authorities in Guangdong province, detained or feared to be detained in China. where labour disputes and strikes were on Journalist Li Xin, who revealed in media the rise, continued their crackdown on interviews that Chinese state security officials workers and labour rights activists which had put him under intense pressure to act as began in December 2015. At least 33 an informant against his colleagues and individuals were targeted; 31 were later friends before he fled China in 2015, went released. Labour activist Zeng Feiyang was missing in Thailand in January 2016. He denied access to lawyers and sentenced to telephoned his partner in February and said three years’ imprisonment, suspended for he had voluntarily returned to China to assist four years, in early October. Labour activist with an investigation. He was not heard from Meng Han was sentenced to one year and again and his whereabouts were undisclosed nine months’ imprisonment on 3 November. at the end of the year. Tang Zhishun and Xing In many cases the detention centres initially Qingxian went missing in Myanmar in 2015 denied access to lawyers on the grounds while helping the son of two detained that the cases involved “endangering Chinese lawyers. Without providing any national security”. explanation for the time lag, the authorities Six of the more than 100 people in charged them with “making arrangements for mainland China detained for supporting the another person to illegally cross the national Hong Kong pro-democracy protests in late border” in notices dated May 2016. 2014 were sentenced to prison terms. They In May, pro-democracy activists Jiang Yefei included Xie Wenfei and Wang Mo, leaders of and Dong Guangping were confirmed to have the Southern Street Movement, who were been detained on suspicion of “subverting sentenced to four and a half years’ state power” and “making arrangements for imprisonment on charges of “inciting another person to illegally cross the national subversion”. Two others, women’s rights border”. They had been granted refugee activist Su Changlan and Chen Qitang, status by UNHCR, the UN refugee agency, remained in detention with no dates set for but were repatriated from Thailand to China their trials. Zhang Shengyu, who was among in 2015. Neither had access to family or

120 Amnesty International Report 2016/17 lawyers of their choice for at least the first six would extend power to various authorities to months after their return and Dong monitor, control and sanction some religious Guangping still had no access by the end of practice. The amendments, which the year. emphasized national security with a goal of Miao Deshun, a labour activist arrested curbing “infiltration and extremism”, could after participating in the pro-democracy be used to further suppress the rights to Tiananmen Square protests in 1989, was freedom of religion and belief, especially for reportedly released in October after 27 years’ Tibetan Buddhists, Uighur Muslims and imprisonment. Activists who commemorated unrecognized churches. the Tiananmen crackdown continued to be The campaign to demolish churches and detained, including Sichuan activists Fu remove Christian crosses from buildings in Hailu and Luo Fuyu.1 Zhejiang province, launched in 2013, intensified into 2016. According to FREEDOM OF EXPRESSION international media, more than 1,700 crosses In March, police reportedly detained at least had been removed by the end of 2016, 20 people in connection with the publication prompting a series of protests. of an open letter criticizing President Xi and Zhang Kai, a lawyer who offered legal calling for his resignation. The open letter assistance to the affected churches, blamed President Xi for trying to build a appeared on state television on 25 February, “personality cult” and abandoning collective looking thin and exhausted, to give a leadership. Those detained included 16 videotaped “confession”. He was initially people working for Wujie News, the website detained in 2015 on suspicion of state which published the letter on 4 March. security crimes and “disturbing public order” On 4 April the government issued and was later placed under “residential guidelines to increase law enforcement of surveillance in a designated location”. He cultural matters in a bid to “safeguard the was released without explanation and ‘national cultural and ideological security’”. returned to his hometown in Inner Mongolia The guidelines would increase regulation of on 23 March. many “illegal” and unauthorized activities, On 26 February, Bao Guohua and his wife including: publishing, film and TV Xing Wenxiang, pastors from Jinghua city in distribution, foreign satellite TV broadcasting, Zhejiang province, were sentenced to 14 artistic performances, and imports and years’ and 12 years’ imprisonment exports of cultural products. respectively for embezzling money from their China made further efforts to reinforce its congregation and “gathering a crowd to already oppressive disturb social order”. Bao Guohua had been architecture. Thousands of websites and vocal in opposing the removal of crosses social media services remain blocked, from churches. including Facebook, Instagram and Twitter, Falun Gong practitioners continued to be and internet service and content providers subjected to persecution, arbitrary detention, were required to maintain extensive unfair trials and torture and other ill- censorship on their platforms. treatment. Falun Gong practitioner Chen Six journalists from Sichuan-based website Huixia was detained in June and, according “64 Tianwang” were detained for covering to her daughter, tortured in detention protests in relation to the G20 Summit in because of her beliefs.2 Hangzhou in September. One, Qin Chao, remained in detention. DEATH PENALTY A white paper issued by the government in FREEDOM OF RELIGION AND BELIEF September claimed that China “[strictly Proposed amendments to the Regulations on controlled] the death penalty and employ[ed] Religious Affairs issued on 7 September it with prudence to ensure that it applies only

Amnesty International Report 2016/17 121 to a very small number of extremely serious Ganzi (Kardze) Tibetan Autonomous criminal offenders”. Statistics related to the Prefecture, Sichuan province. Local Chinese death penalty continued to be classified as authorities ordered the population of Larung state secrets, making it impossible to verify Gar to be reduced by more than half to 5,000 the number of death sentences handed down in order to carry out “correction and and executions carried out. rectification”. Thousands of monks, nuns and In December the Supreme People’s Court lay people were at risk of forced evictions. overturned the murder and rape conviction against Nie Shubin, who was executed in XINJIANG UIGHUR AUTONOMOUS 1995. The Supreme People’s Court ordered REGION the retrial and agreed with a lower court In March the Xinjiang Uighur Autonomous finding that there was a lack of clear Region’s (XUAR) Party Secretary, Zhang evidence to prove that Nie Shubin was guilty. Chunxian, announced that progress had been made in maintaining social stability in TIBET AUTONOMOUS REGION AND the region, and that cases of “violent TIBETAN-POPULATED AREAS IN OTHER terrorism” had decreased. Nonetheless, the PROVINCES government said that it would continue to Ethnic Tibetans continued to face maintain indefinitely its “strike hard” stance discrimination and restrictions on their rights against “violent terrorism”. to freedom of religion and belief, expression, The government continued to detain association and peaceful assembly. In ethnic Uighur writers and Uighur language August, media reported that Lobsang Drakpa, website editors. Human rights defender a Tibetan monk who was detained by police Zhang Haitao, an ethnic Han, was sentenced in 2015 while staging a solo protest – an to 19 years’ imprisonment on charges of increasingly common form of protest in the “inciting subversion” and “providing Tibetan-populated areas – was sentenced to intelligence overseas”. His lawyers believed three years’ imprisonment in a closed trial.3 that the severity of his sentence was in part At least three people set themselves on due to his commentary on ethnic issues. fire in Tibetan-populated areas during the The government continued to violate the year in protest against repressive policies by right to freedom of religion, and crack down the authorities. The number of known self- on all unauthorized religious gatherings. immolations since February 2009 rose Abudulrekep Tumniyaz, deputy director of to 146. the Xinjiang Islamic Association, said in A Tibetan blogger known as Druklo was March that all underground preaching sites sentenced to three years’ imprisonment in in the XUAR had been shut down. February for “inciting separatism” for his In October, media reported that several online posts on religious freedom, the Dalai localities within the XUAR had announced Lama and other Tibetan issues and his that they will require all residents to hand in possession of the banned book Sky Burial.4 their passports to the police. Thereafter, all Tashi Wangchuk was detained in January XUAR residents would be required to present and charged with “inciting separatism” for biometric data – such as DNA samples and advocating Tibetan language education and body scan images – before being permitted giving an interview to the New York Times. He to travel abroad. The measure came amid a remained in detention at the end of the year.5 security crackdown and greater travel restrictions targeting ethnic minorities in Housing rights – forced evictions the XUAR. In July, the government began demolishing a large part of Larung Gar, reportedly the Cultural rights largest Tibetan Buddhist institute in the In August, the provincial government world, located in Seda (Serta) County, in the announced a large-scale plan to send 1,900

122 Amnesty International Report 2016/17 Uighur teachers to schools throughout mainland China to accompany Uighur 1. China: Two more activists detained for “June 4 baijiu” (ASA 17/4298/2016) students living in boarding schools in Han- 2. China: Falun Gong practitioner said to have been tortured in majority areas. The government pledged to detention: Chen Huixia (ASA 17/4869/2016) increase the number of such dispatched 3. China: Tibetan monk imprisoned after protest (ASA 17/4802/2016) teachers to 7,200 by 2020. The move is billed as a way to “resist 4. China: Tibetan imprisoned for “inciting separatism” (ASA 17/3908/2016) terrorism, violent extremism and separatism 5. China: Tibetan education advocate detained: Tashi Wangchuk (ASA and promote ethnic solidarity”, but Uighur 17/3793/2016) groups overseas have criticized the plan as a 6. China: Authorities’ revelations on detained Hong Kong booksellers means to dilute Uighur cultural identity. “smoke and mirrors” (Press release, 5 February) HONG KONG SPECIAL ADMINISTRATIVE REGION Five booksellers who went missing in COLOMBIA Thailand, mainland China and Hong Kong in Republic of Colombia late 2015 reappeared on television in Head of state and government: Juan Manuel Santos mainland China in January and February of Calderón 2016. Gui Minhai, Lui Por, Cheung Chi-ping, Lee Po and Lam Wing-kee worked for Mighty Current Media, a Hong Kong company A peace deal reached between the known for its books on Chinese leaders and government and the guerrilla group the political scandals. Lam Wing-kee returned to Revolutionary Armed Forces of Colombia Hong Kong in June and held a press (FARC) was ratified by Congress in conference in which he said he was November. This marked the official end of arbitrarily detained, ill-treated in detention the five-decade armed conflict between the and forced to “confess”.6 two sides after more than four years of Students Joshua Wong, Alex Chow and talks. However, there was an increase in Nathan Law were tried for their part in events killings of human rights defenders, outside government headquarters in including Indigenous, Afro-descendant and September 2014 that triggered the pro- peasant farmer leaders. The peace process democracy Umbrella Movement. In July with the second largest guerrilla group, the 2016, Joshua Wong and Alex Chow were National Liberation Army (ELN) had not found guilty of “taking part in an unlawful begun by the end of the year. Doubts assembly” and Nathan Law was found guilty remained over whether the peace agreement of “inciting others to take part in an unlawful with the FARC would ensure that all those assembly”, vague provisions in Hong Kong’s suspected of criminal responsibility for Public Order Ordinance. Appeals from both crimes against humanity and war crimes parties were pending at the end of the year. would be held accountable in line with In November the Standing Committee of international law. the NPC issued an interpretation of Article 104 of the Hong Kong Basic Law concerning PEACE PROCESS oath-taking by two pro-independence In June, the government and the FARC legislators. This happened before the Hong signed a bilateral ceasefire and cessation of Kong High Court could rule on a parallel case hostilities agreement.1 This came into force raised by the Hong Kong government seeking on 29 August, although a de facto ceasefire to disqualify the legislators. had been in place since 2015. On 24 August, the two sides reached agreement on a peace deal,2 which was signed on 26 September in Cartagena.3 However, on 2 October, the

Amnesty International Report 2016/17 123 peace deal was rejected in a referendum, in force commanders for crimes committed by part because of concerns over the their subordinates. agreement’s lax justice provisions. On 30 March, the government and the On 12 November, the two sides ELN announced that they would begin peace announced a revised peace deal, which was talks. However, the process had not started signed on 24 November. The agreement was by the end of the year because of the ELN’s ratified by Congress on 30 November, after failure to release one of its high-profile which the FARC was due to begin a six- hostages. month process of demobilization and President Santos was awarded the Nobel disarmament, to be monitored and verified in Peace Prize on 7 October for his role in part by a mission of unarmed UN observers. securing the peace deal.4 By the end of the year, FARC combatants had yet to congregate in the concentration INTERNAL ARMED CONFLICT zones from where they were due to start the By 1 December 2016, the state’s Victims’ demobilization process, because of delays in Unit had registered almost 8 million victims making these areas habitable. of the conflict since 1985, including some On 28 December, Congress approved a 268,000 killings, most of them of civilians; law to provide amnesties or pardons to FARC more than 7 million victims of forced combatants and the waiving of criminal displacement; around 46,000 victims of prosecutions for security force personnel not enforced disappearances; at least 30,000 under investigation for or convicted of crimes cases of hostage taking; more than 10,000 under international law. Those who had victims of torture; and some 10,800 victims served at least five years in prison for crimes of anti-personnel mines and unexploded under international law will, under certain ordnance. The security forces, paramilitaries circumstances, be conditionally released. and guerrilla groups were responsible for Ambiguities in the law could result in many these crimes. human rights abusers evading justice. The de-escalation of hostilities between the The modifications made to the peace security forces and the FARC during the year agreement did not significantly strengthen led to a sharp reduction in combat-related victims’ rights. However, a provision requiring violence affecting civilians. But Indigenous, the FARC to provide an inventory of the Afro-descendant and peasant farmer assets it acquired in the conflict, which would communities, especially those living in areas be used to provide reparation to victims, of interest to agro-industrial, mining and would, if effectively implemented, be a infrastructure concerns, continued to face positive development. human rights violations and abuses. The peace agreement established a In August, four members of the Awá Special Jurisdiction for Peace – to come into Indigenous people were shot dead by force once approved by Congress – to unidentified gunmen in three separate investigate and punish those responsible for attacks in Nariňo Department. Among the crimes under international law, a truth victims was Camilo Roberto Taicús Bisbicús, commission and a mechanism to locate leader of the Awá Indigenous reservation and identify those missing as a result of (resguardo) of Hojal La Turbia, in Tumaco the conflict. Municipality. Despite some positive features, however, it In March, more than 6,000 people, mainly fell short of international law and standards from Indigenous and Afro-descendant on victims’ rights, including punishments that communities, were forcibly displaced from appeared to be inconsistent with the gravity three river areas in Chocó Department as a of certain crimes and a definition of result of fighting between armed groups. command responsibility that could make it difficult to hold to account FARC and security

124 Amnesty International Report 2016/17 threats from someone claiming to be from the SECURITY FORCES ELN. Both men and fellow journalist Salud There were continued reports of unlawful Hernández-Mora had been taken hostage killings by the security forces, as well as earlier in the year by the ELN in the northern claims of excessive use of force, especially by region of Catatumbo.6 the ESMAD anti-riot police, during protests.5 On 24 March, two men claiming to be On 29 February, soldiers killed peasant FARC members called at the home of farmer Gilberto de Jesús Quintero in the Indigenous leader Andrés Almendras in the hamlet of Tesorito, Tarazá Municipality, hamlet of Laguna-Siberia, Caldono Antioquia Department. The army initially Municipality, Cauca Department. Andrés claimed he was an ELN guerrilla killed in Almendras was not at home so the men combat. However, witnesses stated they saw asked his daughter where the “snitch” was soldiers attempting to dress the corpse in as they wanted him to leave the area. military fatigues and the army subsequently claimed that the killing had been a Paramilitaries military error. Paramilitary groups continued to operate Criminal investigations into extrajudicial despite their supposed demobilization a executions implicating members of the decade earlier. Acting either alone or in security forces made slow progress. A report collusion with state actors, they were from the Office of the Prosecutor of the responsible for numerous human rights International Criminal Court, published in violations, including killings and death November, stated that by July the Office of threats.7 the Attorney General was investigating 4,190 In April, local NGOs reported that an extrajudicial executions. By February, there armed group of around 150 paramilitaries had been a total of 961 convictions of which from the Gaitanista Self-Defence Forces of only a few involved high-ranking officers. Colombia (AGC) had entered the Afro- According to a March report by the Office of descendant community of Teguerré, part of the UN High Commissioner for Human the collective territory of Cacarica, Chocó Rights, by the end of 2015, 7,773 members Department. There were reports of other AGC of the security forces were under incursions in the Cacarica area throughout investigation for extrajudicial executions. In the year. Some community leaders were November a judge convicted more than a threatened by the AGC, which declared them dozen members of the army for the unlawful “military targets”. killing of five young men from Soacha, There were increasing reports of Cundinamarca Department, in 2008. paramilitary incursions into the Peace Community of San José de Apartadó, ABUSES BY ARMED GROUPS Antioquia Department, some of whose Guerrilla groups members were threatened.8 The ELN and the FARC continued to commit By 30 September, only 180 of the more human rights abuses, although cases than 30,000 paramilitaries who supposedly attributable to the FARC fell as the peace laid down their arms in a government- process advanced. sponsored demobilization process had been Indigenous leaders and journalists were convicted for human rights-related crimes the targets of death threats. For example, in under the 2005 Justice and Peace Law; most June, a man claiming to be from the ELN appealed against their convictions. Most telephoned María Beatriz Vivas Yacuechime, paramilitaries did not submit themselves to a leader of the Huila Indigenous Regional the Justice and Peace process and received Council, and threatened to kill her and her de facto amnesties. family. In July, journalist Diego D’Pablos and cameraman Carlos Melo received text death

Amnesty International Report 2016/17 125 Defensores (We are Defenders), at least 75 IMPUNITY defenders had been killed by 8 December Very few of those suspected of responsibility 2016, compared with 63 during the whole of for conflict-related crimes under international 2015. In general, these attacks did not occur law were brought to justice. However, as part in the context of combat between the warring of the peace process, the government and parties, but were targeted killings. Several the FARC formally apologized for their role in human rights organizations also had sensitive several emblematic human rights cases. information stolen from their offices. By 20 On 30 September, in La Chinita, Apartadó December the NGO National Trade Union Municipality, Antioquia Department, the School had recorded 17 killings of trade FARC apologized for killing 35 people from union members. the village on 23 January 1994. On 29 August, three leaders of the NGO On 15 September, President Santos Integration Committee of the Colombian formally apologized for the state’s role in the Massif (CIMA), Joel Meneses, Nereo killing in the 1980s and 1990s of some 3,000 Meneses Guzmán and Ariel Sotelo, were shot members of the Patriotic Union party, set up dead by a group of armed men in Almaguer by the Colombian Communist Party and the Municipality, Cauca Department. FARC as part of the failed peace process with In August, Ingrid Vergara, a spokesperson the government of Belisario Betancur. for the National Movement of Victims of State In February the Constitutional Court ruled Crimes (Movice) received a threatening that a 2015 reform (Legislative Act No. 1) phone call after attending a public hearing on giving military courts jurisdiction over cases human rights in Congress in the capital, related to military service and over crimes Bogotá. Over the years, Ingrid Vergara and committed on active service was other members of Movice have been constitutional. The reform also stipulated that repeatedly threatened and harassed because international humanitarian law, rather than of their human rights work. international human rights law, would apply when investigating armed forces personnel LAND RIGHTS for conflict-related crimes, even though many The land restitution process, implemented such crimes were not committed during since 2012, continued to make only slow combat and the victims were overwhelmingly progress in returning land misappropriated civilians. However, the Court ruled that during the conflict to its rightful occupants. international human rights law should also According to the state’s Land Restitution apply during investigations. Nevertheless, Unit, by 5 December, land judges had there were concerns that the Court’s ruling adjudicated on cases involving some 62,093 would do little to overcome impunity given hectares claimed by peasant farmers and the military justice system’s woeful record in 131,657 hectares claimed by one Afro- bringing to justice members of the armed descendant and four Indigenous forces implicated in human rights violations. communities. Land rights activists continued to be HUMAN RIGHTS DEFENDERS threatened and killed.9 On 11 September, Threats against and killings of human rights Néstor Iván Martínez, an Afro-descendant defenders, especially community leaders, leader, was shot dead by unidentified land rights and environmental activists and assailants in Chiriguaná Municipality, Cesar peace and justice campaigners, continued to Department. Néstor Iván Martínez was active be reported in significant numbers. Most of in environmental and land rights campaigns the threats were attributed to paramilitaries, and had campaigned against mining but in most cases it was difficult to identify activities. which groups were responsible for the On 29 January, Congress approved Law killings. According to the NGO Somos 1776, which would create large agro-

126 Amnesty International Report 2016/17 industrial projects known as Zones of Rural crimes had yet to be brought to justice by the Development, Economic and Social Interest end of the year. (ZIDRES). Critics argued these could In August, the government issued Decree undermine the land rights of rural 1314 creating a commission to develop a communities. Comprehensive Programme of Guarantees In February, the Constitutional Court ruled for Women Leaders and Human Rights that legislation stipulating that land restitution Defenders, which would include prevention claims would not be permitted in areas and protection mechanisms. denominated Projects of National and In June, the Office of the Attorney General Strategic Interest (PINES) was issued a Resolution adopting a protocol for unconstitutional. It ruled that such lands the investigation of crimes of sexual violence. could be expropriated by the state, but that land claimants would have the right to a INTERNATIONAL SCRUTINY formal expropriation hearing and to In March the UN High Commissioner for compensation set by the courts. Human Rights issued a report which On 9 June, the Constitutional Court made congratulated the government and the FARC public its December 2015 ruling annulling on the progress made to reach a peace three resolutions by the National Mining agreement. However, the High Commissioner Agency and Ministry of Mines and Energy warned that paramilitary groups (referred to declaring over 20 million hectares of land, as “post-demobilization groups” in the report) including Indigenous and Afro-descendant “constantly undermine human rights and territories, as Strategic Mining Areas (SMAs). citizen security, the administration of justice The Court stated that delimitation of any and peacebuilding, including land restitution. SMAs was dependent on seeking the prior Dismantling the groups that control stolen consent of Indigenous and Afro-descendant land through the use or threat of violence communities living in these areas. represents a permanent challenge to peace”. In its concluding observations on VIOLENCE AGAINST WOMEN AND GIRLS Colombia, published in October, the UN Allegations of crimes of sexual violence Committee on Enforced Disappearances continued to be levelled against all parties to acknowledged the efforts made by the the conflict. By 1 December, the Victims’ Unit Colombian authorities and noted the had registered more than 17,500 victims of reduction in cases of enforced disappearance conflict-related crimes against sexual integrity in recent years. However, it expressed since 1985. concern about Colombia’s continued failure In March, the NGO Follow-up Working to recognize the competence of the Group on the Constitutional Court’s Judicial Committee on Enforced Disappearances to Decrees (Autos) 092 of 2008 and 009 of receive and consider communications from 2015 issued a report on the state’s or on behalf of victims as well as the failure to implementation of the two Decrees. The make meaningful progress in investigating Decrees highlighted the prevalence of such crimes. conflict-related sexual violence against In November, the UN Human Rights women and ordered the state to combat Council noted the significant reduction in the these crimes and bring to justice those conflict’s impact on civilians. However, it suspected of criminal responsibility. The expressed concern about ongoing violations, report concluded that although the state had including arbitrary deprivations of life, made some progress in investigating these enforced disappearances, torture, and the crimes, it had failed to take effective action to persistence of impunity. It also expressed ensure the right of survivors to truth, justice concern about abuses by “illegal armed and reparation. The vast majority of those groups that emerged after the demobilization suspected of criminal responsibility for these of paramilitary organizations” and allegations

Amnesty International Report 2016/17 127 that state actors colluded with some of these groups. FREEDOMS OF EXPRESSION AND ASSEMBLY Following the results of presidential elections, 1. Colombia: Agreement on a bilateral ceasefire and cessation of hostilities is an historic step forward (AMR 23/4311/2016) which were contested by the opposition, the 2. Colombia: End of negotiations over conflict brings hopes of peace authorities arrested several leading opposition (News story, 25 August) figures, including senior campaign officials of 3. Colombia: Historic peace deal must ensure justice and an end to presidential candidates Jean-Marie Michel human rights abuses (News story, 26 September) Mokoko and André Okombi Salissa, accusing 4. Colombia: Nobel Peace Prize shows Colombia must not close the door them of compromising national security. on hopes of peace with justice (News story, 7 October) Those arrested and still in detention included 5. Colombia: Security forces must refrain from excessive use of force Jean Ngouabi, Anatole Limbongo-Ngoka, during rural protests (AMR 23/4204/2016) Marcel Mpika, Jacques Banangazala and 6. Colombia: ELN must release journalists (AMR 23/4134/2016) Ngambou Roland. 7. Colombia: Death threats to defenders and trade unionists (AMR Between 4 April and 14 June, Jean-Marie 23/3837/2016) Michel Mokoko was kept under de facto 8. Colombia: Paramilitary activity threatens Peace Community (AMR house arrest, with security forces surrounding 23/4998/2016) his compound without a judicial warrant. He 9. Colombia: Death threats to Afro-descendant leaders (AMR was arrested on 14 June, charged with 23/3938/2016) jeopardizing state security and unlawful possession of weapons and munitions of war, and was detained at the main prison in the CONGO (REPUBLIC capital, Brazzaville. He was later also charged with incitement to disturb public order. André Okombi Salissa was believed to have fled the OF THE) country in June, following a raid by security Republic of the Congo forces on his home. Head of state and government: Denis Sassou Nguesso A number of leading political figures, including Paulin Makaya, leader of the opposition Unis Pour le Congo, and Okouya Presidential elections were held amid Rigobert of the political group Convention violence and controversy. Political d'action pour la démocratie et le opponents were detained for peaceful développement (CADD) remained in criticism of the elections. Security forces detention, following their arrest in November used excessive force and sometimes torture 2015 for protesting against changes to the to curb dissent. A new law further Constitution. On 25 July, Paulin Makaya was restricting the space for civil society sentenced to two years’ imprisonment and a organizations was passed. fine of €3,800 for taking part in an unauthorized protest. An appeal he filed on BACKGROUND the same day was considered on On 20 March, presidential elections were 6 December, more than four months later, held under a total communications blackout, even though the timeline defined by law had with telephone and internet connections cut. expired and a reminder had been sent to the Denis Sassou Nguesso was re-elected relevant authorities. His appeal was president. adjourned twice and a decision had not been Amnesty International was denied entry to taken at the end of the year. He remained a the country to monitor the human rights prisoner of conscience. situation before the presidential elections. The opposition platform “Initiative pour la démocratie au Congo - Front républicain pour le respect de l'ordre constitutionnel et

128 Amnesty International Report 2016/17 l'alternance démocratique” (IDC-FROCAD) kidnapped by members of the presidential claimed that 121 political prisoners remained security forces in the Sadelmy in detention in Brazzaville’s main prison. neighbourhood of Brazzaville. He said that On 9 November, the authorities denied his hands and feet were handcuffed, and that authorization for a sit-in organized by the he was subjected to electric shocks and youth movement “Ras-le-Bol” in Brazzaville. burned on several occasions with plastic IDC-FROCAD reported that protests had been bags on his back and his hands. He was also banned on several occasions, generally on beaten with wooden sticks and a belt, and the grounds that they would risk disturbing spent nine days in a container. He was public order, and that documents banning released on 13 October and dumped near a the protests made reference to the April post- hospital mortuary in Brazzaville. No electoral violence in Brazzaville. investigation was initiated into his allegations. EXCESSIVE USE OF FORCE LEGAL, CONSTITUTIONAL OR Government security forces conducted air INSTITUTIONAL DEVELOPMENTS strikes on residential areas in the In September, a draft law regulating civil southeastern department of Pool on 5 April. society organizations was adopted by the Helicopters dropped at least 30 bombs on Senate and was awaiting promulgation by the residential areas, including on a school in the President. Civil society organizations had town of Vindza when targeting the former complained that the law was developed residence of Pastor Frederic Ntumi, leader of without meaningful consultation, and that it the “Ninjas” armed group. Officials from Pool limited their freedom of association through reported that up to 5,000 people had been measures that included criminalizing displaced. The air strikes followed an activities perceived to threaten institutional outbreak of violence in Brazzaville following stability, preventing religious organizations the endorsement on 4 April by the from working on political questions, and Constitutional Court of the result of the requiring approval by the authorities to carry presidential elections, in which gunfire broke out activities. out in the streets, young people raised barricades in the southern neighbourhood of Makélékélé, a local mayor’s office and two police stations were set ablaze and armed CÔTE D’IVOIRE men attacked an army barracks. The Republic of Côte d’Ivoire government attributed the violence to the Head of state: Alassane Dramane Ouattara “Ninjas”. Head of government: Daniel Kablan Duncan On 29 April, a joint mission composed of police, journalists and civil society The rights to freedom of expression, of organizations to assess the security situation association and of peaceful assembly were in Pool and investigate the bombardments restricted; scores of opposition members was conducted. It had yet to produce an were arrested. Dozens of detainees still official report at the end of the year. awaited trial in connection with post- Further air strikes were carried out in Pool electoral violence in 2010 and 2011; in September; information on the incidents concerns remained about selective was limited due to the extreme difficulty in accountability for crimes committed during accessing the area, including because of that period. The trial of Laurent Gbagbo and restrictions set by the government. Charles Blé Goudé opened at the ICC. Simone Gbagbo was not transferred to the TORTURE AND OTHER ILL-TREATMENT ICC despite an outstanding arrest warrant; On 29 September, Augustin Kala Kala, her trial before a national court began. The deputy national coordinator of CADD, was UN Environment Programme (UNEP)

Amnesty International Report 2016/17 129 launched an audit of the environmental Tribunal. Three defendants, including impact following the dumping of tons of General Bruno Dogbo Blé, former head of the toxic waste in 2006. Nineteen people Presidential Guard, and Commander including a child were killed in an attack by Anselme Séka Yapo were sentenced to life an armed group. imprisonment. Ten defendants were sentenced to 10 years’ imprisonment each BACKGROUND and the others were acquitted. Opposition parties protested against the At least 146 supporters of former proposed Constitution introduced following a President Gbagbo who were arrested national referendum in October. The new between 2011 and 2015 were still awaiting Constitution lifted the age limitation for trial for crimes allegedly committed during presidential candidates, removed a condition the post-electoral violence of 2010. requiring both parents of a candidate to be Approximately 87 of them had been in Ivorian nationals and created a senate where detention since 2011 or 2012. one third of its members would be appointed Despite President Ouattara’s commitment by the President. In December, the coalition to ensure that justice would be applied of the ruling party won legislative elections. equally under his presidency, only those suspected of being supporters of Laurent FREEDOMS OF EXPRESSION, Gbagbo were tried for serious human rights ASSOCIATION AND ASSEMBLY violations committed during and after the The authorities restricted the rights to 2010 election. Forces loyal to President freedom of expression, of association and of Ouattara who committed serious violations, peaceful assembly under laws that including the killing of more than 800 people criminalized peaceful protests and other in Duékoué in April 2011, and of 13 people peaceful expression. More than 70 people, at a camp for internally displaced people in mostly opposition members, were arrested Nahibly in July 2012, were not prosecuted. and released hours or days later. Some of them had been identified by victims’ In July, Prospère Djandou, Jean Léopold families; although the killings were Messihi and Ange Patrick Djoman Gbata investigated no one was prosecuted by the were arrested while collecting signatures in end of the year. support of the release of former President Laurent Gbagbo, and charged with public INTERNATIONAL JUSTICE order offences. They were released two The trial of former President Gbagbo and weeks later. In October, following a peaceful Charles Blé Goudé before the ICC began in protest against the October referendum, at January and was ongoing at the end of the least 50 opposition members including year. In February, President Ouattara Mamadou Koulibaly, former president of the announced that no more Ivorian nationals National Assembly, were arbitrarily arrested in would be sent to the ICC for prosecution Abidjan, and detained for hours. Some were because the national justice system was held in moving police vehicles, a practice operational. In May, a national court began known as “mobile detention”, driven for trying the former President’s wife, Simone kilometres and forced to walk back home. Gbagbo, for crimes against humanity, despite Some were taken as far as Adzopé, about an outstanding ICC warrant for her arrest. 100km from the centre of Abidjan. Prior to this, in May 2015, the ICC rejected Côte d’Ivoire’s appeal against the admissibility IMPUNITY of her case before the Court. In February, 24 military officers charged with the assassinations of President Robert Guéi, JUSTICE SYSTEM his family and bodyguard, Fabien Coulibaly, David Samba, opposition figure and president in 2002, were tried before the Military of the NGO Coalition des Indignés de Côte

130 Amnesty International Report 2016/17 d’Ivoire, was charged with threatening national security while he was already serving ABUSES BY ARMED GROUPS a six-month prison sentence for public In March, armed men attacked three disorder. He remained in detention, awaiting beachside hotels in Grand Bassam, killing 19 trial on the additional charges at the end of people including a child. The attack was the year. claimed by al-Mourabitoune, an armed group based in northern Mali and affiliated to al- PRISON CONDITIONS Qaida in the Islamic Maghreb (AQIM). More Prisoners remained held under harsh than 80 people were arrested in connection conditions and overcrowding at the Maison with the attack and, in August, two military d’Arrêt et de Correction, Abidjan’s main officers were sentenced to 10 years’ prison. In March, the prison authorities said imprisonment each after being convicted of that the prison, which had capacity for 1,500 disobedience and criminal association. inmates, held 3,694 people. Prisoners reported that they were forced to pay bribes of up to 20,000 CFA (US$32) to prisoners who controlled internal security to avoid CROATIA being placed in filthy cells with floors covered Republic of Croatia in urine and water. Families were forced to Head of state: Kolinda Grabar-Kitarović pay bribes to visit their relatives. Prisoners Head of government: Andrej Plenković (replaced responsible for internal security also Tihomir Orešković in October, who replaced Zoran administered corporal punishment on other Milanović in January) inmates, resulting in at least three deaths in 2015. The authorities did not take measures Croatia experienced a period of political to protect prisoners from these and other instability triggered by a no-confidence vote abuses. Health care remained inadequate. in the newly appointed government. One prison guard and nine prisoners were Reception conditions for asylum-seekers killed in February during an exchange of fire were generally adequate; but there was no when prisoners staged an uprising. coherent long-term social integration policy. Discrimination against ethnic minorities CORPORATE ACCOUNTABILITY persisted. Freedom of the media was In July, the UN Environment Programme undermined. Heightened nationalist (UNEP) undertook an environmental audit of rhetoric and hate speech contributed to the lasting impact of the 2006 dumping of growing ethnic intolerance and insecurity. over 540,000 litres of toxic waste in Abidjan. The waste was produced by the multinational BACKGROUND oil trading company Trafigura. The results A new government was formed in January, were expected in early 2017. The authorities two months after general elections which reported that there were 15 deaths while failed to produce an outright winner. The more than 100,000 people sought medical volatile coalition collapsed in June, triggering attention after the dumping including for a vote of no confidence in the government serious health issues like respiratory led by Tihomir Orešković, and the dissolution problems. The authorities had still not of the Parliament in July. Following elections assessed the long-term risks to individuals of in September, the centre-right HDZ party, exposure to the chemicals in the waste and that won 61 out of 151 seats, entered had not monitored victims’ health. Many into a coalition with small centre-right victims had not received any compensation parties and formed a new cabinet led by payments and compensation claims against Andrej Plenković. the company continued.

Amnesty International Report 2016/17 131 services, but challenges remained in REFUGEES AND ASYLUM-SEEKERS providing all victims, especially ethnic Croatia remained a transit country for minorities, with equal and effective access to refugees and migrants heading to Western justice. Europe. Recognizing that only a limited For the second consecutive year, no number of people claimed asylum and progress was made in establishing the fate remained in Croatia for an extended period of and whereabouts of 1,600 persons time, UNHCR, the UN refugee agency, and disappeared during the war. the Council of Europe Commissioner for Human Rights stated that conditions in DISCRIMINATION reception centres were adequate. They noted Discrimination against ethnic minorities and that there were services available to refugees Roma remained widespread. The legislative and migrants, including psychosocial support framework for the prevention of and language education, but that these were discrimination provided adequate protection mainly provided by NGOs. Human rights in law, but was severely under-utilized. organizations noted shortcomings in asylum and immigration legislation, and criticized a Hate speech Draft Aliens Law adopted by the government The period of political instability around the in May and still under consideration by the turn of the year was accompanied by a surge Parliament as of December. The Bill included in nationalist rhetoric and hate speech provisions criminalizing social and targeting specific groups, in particular ethnic humanitarian assistance to irregular migrants Serbs, refugees and migrants. Civil society and retained measures requiring migrants groups recorded increased instances of the subject to deportation to pay the cost of media and public officials “evoking fascist their accommodation and removal from ideology” from the past by promoting the use the country. of inflammatory iconography and generally Croatia had received 50 refugees by fuelling an anti-minority sentiment. December, including 30 Syrians from Turkey, Although instances of incitement to as a part of the EU resettlement scheme, and discrimination and even violence against 10 asylum-seekers each from Greece and minorities were rarely investigated, courts Italy under the relocation scheme. Croatia regularly prosecuted cases of defamation and has committed to accept a total of 1,600 insult to the honour and reputation of refugees and asylum-seekers under the EU persons. These offences were classified as resettlement and relocation schemes until the serious criminal offences under the Criminal end of 2017. While reception conditions Code. Journalists remained vulnerable to upon arrival in the country remained prosecution in these cases. adequate, the authorities were yet to implement a comprehensive policy to ensure Ethnic minority rights effective long-term social integration of UNHCR recorded that about 133,000, over refugees and migrants. half, of the ethnic Serbs who fled the country during the war had returned by the end of CRIMES UNDER INTERNATIONAL LAW 2016, but it expressed concern about The International Criminal Tribunal for the persisting obstacles for Serbs to regain Former Yugoslavia raised concerns about the their property. pace and effectiveness of prosecutions by the The number of ethnic minorities employed national courts of crimes committed during in public services was below the national the 1992-1995 war. The law regulating the targets. Serbs faced significant barriers to status of civilian victims of war passed in employment in both the public and private 2015 helped ease access to reparations and labour market. The right to use minority made it easier for survivors to access crucial languages and script continued to be

132 Amnesty International Report 2016/17 politicized and unimplemented in some from the USA to Cuba resumed after more towns. than 50 years. In March, US President Barack Obama Roma visited Cuba and met President Raúl Castro, Despite the authorities’ efforts to improve the the first visit to Cuba by a US President in integration of Roma, Roma continued to face nearly a century.1 died in significant barriers to effective access to November.2 education, health, housing and employment. Millions of tourists, many from the USA UNHCR registered 2,800 Roma without and Europe, visited Cuba in 2016, resulting permanent or temporary residence who were in a significant boom in the tourism industry. at risk of statelessness. Roma experienced Cuban migrants continued to fly to South difficulties obtaining identity documents and Central American countries and to travel which limited their access to public services. north overland in order to reach the USA. Between October 2015 and July 2016, more FREEDOM OF EXPRESSION – MEDIA than 46,000 entered the USA, AND JOURNALISTS slightly more than in 2015 and twice as many Persistent threats to freedom of the media as in 2014, according to Pew Research and attacks against journalists continued. In Centre. March, the government abruptly ended the Throughout the year, the Inter-American contracts of nearly 70 editors and journalists Commission on Human Rights (IACHR) at the public broadcaster Croatian Radio expressed concern about the situation of Television, in what was perceived as an Cuban migrants attempting to reach the USA. attempt to influence its editorial policy. In August, more than 1,000 Cuban migrants Simultaneously, the authorities decided to were stranded in Colombia close to the abolish state subsidies for smaller non-profit border with Panama. The IACHR expressed media and independent cultural initiatives, concern that they did not have access to food further threatening media pluralism. and were at risk of being trafficked. In July, Croatia was downgraded from place 54 to 121 Cuban migrants were allegedly deported 63 in the World . from Ecuador without proper notification or the opportunity to appeal against the decisions. Cuba had not ratified the ICCPR or the CUBA ICESCR, both of which it had signed in Republic of Cuba February 2008, nor the Rome Statute of the Head of state and government: Raúl Castro Ruz International Criminal Court. Likewise, Cuba had not recognized the competence of the UN Committee against Torture nor the UN Despite purported political openness, Committee on Enforced Disappearances to restrictions on the rights to freedom of receive and consider communications from expression, association and movement victims or other states parties. continued. Local civil society and opposition groups reported increased FREEDOMS OF EXPRESSION politically motivated detentions and AND ASSOCIATION harassment of government critics. Despite the re-establishment of relations with the USA in 2015, Cold War rhetoric BACKGROUND persisted, with political activists and human The re-establishment of relations between the rights defenders being publicly described as USA and Cuba in 2015 led to increased trade “anti-Cuban mercenaries”, “anti- and tourism between the two countries in revolutionary” and “subversive”. 2016. For example, commercial air services

Amnesty International Report 2016/17 133 The judicial system remained under Union of Cuba, went on hunger strike in a political control. Laws covering “public mass protest against what they believed to be disorder”, “contempt”, “disrespect”, the increasingly violent repression of “dangerousness” and “aggression” were dissidents and activists. used in politically motivated prosecutions. At the end of the year, graffiti artist and Government critics continued to prisoner of conscience Danilo Maldonado experience harassment including “acts of Machado, known as El Sexto, was being held repudiation” (demonstrations led by in El Combinado del Este, a maximum government supporters and involving state security prison on the outskirts of the capital, security officials). . Danilo Machado was arrested in his The government continued to use home on 26 November, hours after the limitations on access to the internet as a key announcement of Fidel Castro’s death. The way of controlling both access to information same day, Cuba-based newspaper 14ymedio and freedom of expression. Only 25% of the reported that he had written the words “He’s population was able to get online and only gone” (Se fue) on a wall in Havana.5 5% of homes had internet access. By August, there were reportedly 178 public Wi- INTERNATIONAL SCRUTINY Fi spots in the country. However, there were Independent human rights organizations and frequent reports of the Wi-Fi service being mechanisms, including UN Special interrupted. The government continued to Rapporteurs, did not have access to Cuba. block and filter websites, limiting access to Independent monitors were also denied information and criticism of state policies.3 access to prisons. Cuba remained the only country in the Americas region which ARBITRARY ARRESTS AND DETENTIONS Amnesty International did not have Reports continued of government critics and permission from authorities to visit. activists – such as the – being routinely subjected to arbitrary arrest 1. Obama-Castro encounter: More than a handshake needed to thaw the and short-term detention for exercising their Cold War’s human rights (News story, 21 March) rights to freedom of expression, association, 2. Fidel Castro’s human rights legacy: A tale of two worlds (News story, 4 assembly and movement. 26 November) The authorities engaged in a game of “cat 3. Six facts about censorship in Cuba (News story, 11 March) and mouse” whereby activists were 4. Americas: Open Letter from Amnesty International to US President repeatedly picked up, detained for periods of Barack Obama, Cuban President Raul Castro and Argentine President between eight and 30 hours and then Mauricio Macri (AMR 01/3666/2016) released without charge, often several times 5. Cuba: Graffiti artist transferred to new prison: Danilo Maldonado a month. Machado (AMR 25/5279/2016) The Cuban Commission for Human Rights and National Reconciliation documented a monthly average of 862 arbitrary detentions CYPRUS between January and November, an increase compared with the same period in 2015. Republic of Cyprus Those held for longer periods in Head of state and government: Nicos Anastasiades “provisional detention” were often not charged and their relatives were rarely Detention conditions for refugees and provided with documents giving the reasons migrants continued to be inadequate. for the detention. Concerns were expressed by the Council of In July and August, Guillermo Fariñas, who Europe Commissioner on Human Rights on was awarded the EU’s Sakharov Prize for the impact of austerity measures on Freedom of Thought in 2010, and other vulnerable groups. Two officers were political activists, mostly from the Patriotic

134 Amnesty International Report 2016/17 convicted for the beating of a detainee at a police station in 2014. RIGHT TO AN ADEQUATE STANDARD OF LIVING BACKGROUND In March, the Commissioner of Human In May’s parliamentary elections, the far-right Rights of the Council of Europe expressed his National Popular Front party won its first two concerns over the impact of the economic seats. During the year, the Greek-Cypriot and crisis and the measures taken in the context Turkish-Cypriot leaders continued their of the European Economic Adjustment negotiations regarding the reunification of the Programme on vulnerable social groups such island and achieved progress on governance as children, women and migrant families. and power-sharing, EU matters and property. However, divergences remained and, in ENFORCED DISAPPEARANCES November, the two leaders failed to reach an Between January and the end of the year, the agreement. In December, the two leaders Committee of Missing Persons in Cyprus decided to re-engage in negotiations. (CMP) exhumed the remains of 96 people, bringing the total number of exhumations REFUGEES’ AND MIGRANTS’ RIGHTS since 2006 to 1,192. Between 2007 and In February, the UN Subcommittee on the 2016, the remains of 740 missing individuals Prevention of Torture urged Cyprus to (556 Greek Cypriots and 184 Turkish improve detention conditions in immigration Cypriots) were identified. With information detention centres and police stations. During from private individuals drying up and CMP the same month, the European Court of access to Turkish military files continuing to Human Rights found Cyprus in breach of the be obstructed, the rate of exhumation and right to liberty due to the lack of effective identification of remains was starting to remedies available to a Syrian national to slow down. challenge the lawfulness of his detention (Mefaalani v Cyprus). The applicant had TORTURE AND OTHER ILL-TREATMENT been held for the purposes of removal In May, a court in Paphos found two police between August 2010 and January 2011 and officers guilty of causing grievous bodily harm was then deported to Syria. and inflicting inhuman and degrading In September, the Nikosia District Court treatment on a man held in Chrysochous approved the extradition of Seif el-Din police station in February 2014. The ill- Mostafa, who is accused of hijacking an treatment was caught on CCTV and EgyptAir plane and redirecting it to land in uncovered in August 2015. Following the Larnaka in March 2016. Concerns were trial, the Commissioner for Administration expressed that, if returned to Egypt, Seif el- and Human Rights expressed her concerns Din Mostafa would be at real risk of torture or over the stance of police officers supporting ill-treatment. In October, he challenged his the actions of the perpetrators. detention and extradition before the In August, a female police officer was Supreme Court. caught on video racially abusing a migrant In September, 30 refugees started a held in the Mennogeia immigration detention protest outside Parliament against delays in centre. A disciplinary investigation into the their naturalization application processes. incident was initiated. Most of the protesters have been living in Cyprus for more than ten years. They face HUMAN RIGHTS DEFENDERS obstacles in integrating on account of their In September, a court in Nikosia acquitted temporary residence status, inability to travel Doros Polykarpou, the Director of the NGO abroad and limited access to employment. KISA, of charges of assaulting a police officer in April 2013. Earlier in the year, the police

Amnesty International Report 2016/17 135 officer was found guilty of verbally assaulting implementing such measures by the end of Doros Polykarpou. the year. RACISM AND XENOPHOBIA Anti-migrant and anti-refugee protests CZECH REPUBLIC continued. In February, thousands of people Czech Republic participated in an anti-refugee demonstration Head of state: Miloš Zeman in the capital Prague, after which the office of Head of government: Bohuslav Sobotka the refugee rights organization Klinika was attacked, resulting in one person being The government adopted measures aimed at injured. In April, several businesses taking addressing concerns from the European part in the “hate-free zones” campaign in Commission on discrimination against Prague were attacked and sprayed with hate Roma children in education. Anti-refugee messages and far-right symbols. In and anti-migrant protests continued and September, five people were charged with groups supporting refugees faced threats criminal damage and “expression of from far-right groups. sympathy for a movement aimed at suppressing human rights and freedoms”. DISCRIMINATION – ROMA This was followed by a several-hundred- Right to education strong “anti-hate” demonstration in the city. On 1 September, an amendment to the President Zeman continued to present School Act came into force. It had been refugees and asylum-seekers as “a threat” adopted in 2015 in response to infringement and used anti-migrant rhetoric. In August, a proceedings launched by the European man fired shots into the air and shouted Commission under the Race Equality racist abuse at a Roma children’s summer Directive. Positive reforms included support camp in Jiřetín pod Jedlovou, village, Děčin measures for children identified as having District. According to camp organizers, local special educational needs; the introduction of police did not send officers to the scene a compulsory year of kindergarten for all despite the camp managers’ repeated pupils; and the aim for all children with “mild requests for help. In September, a regional mental disabilities” to be integrated into police office investigation dismissed these mainstream education and be provided with claims but found that the incident was not inclusive education. National and investigated thoroughly. international NGOs welcomed the reforms, highlighting, however, that further measures REFUGEES AND ASYLUM-SEEKERS were required to tackle prejudicial attitudes The government agreed to continue with against Roma children and provide sufficient resettlement and the EU-sanctioned resources for the educational support of relocation scheme but with in-depth security those pupils who require it. checks. Only 52 refugees were resettled and 12 were relocated to the country by the end Forced sterilization of the year. The routine detention of asylum- In March, the UN CEDAW Committee seekers and migrants continued. recommended establishing a mechanism for providing compensation to Roma women who RIGHTS OF LESBIAN, GAY, BISEXUAL, were victims of forced sterilization, and the TRANSGENDER AND INTERSEX PEOPLE appointment of an independent body to In June, the Constitutional Court found that investigate the full extent of the Section 13(2) of the Registered Partnership consequences of forced sterilization. The Act, which prohibited an individual in a government had not taken any steps towards same-sex registered partnership from adopting children and being the sole

136 Amnesty International Report 2016/17 custodian of the child, was unconstitutional; violations. Both the armed forces and the the provision was repealed. However, joint UN peacekeeping force MONUSCO (UN adoptions by LGBTI couples in a same-sex Organization Stabilization Mission in the registered partnership, where both partners DRC) were unable to protect civilians would then have full parental rights, adequately. remained prohibited. BACKGROUND WOMEN’S RIGHTS Political disagreement over whether President In May, the Czech Republic signed the Kabila could stay in office after his second Council of Europe Convention on preventing term ended on 19 December triggered and combating violence against women and numerous protests. In March, the National domestic violence, with the intention of Independent Electoral Commission ratifying it by mid-2018. In March, the announced that the elections could not be CEDAW Committee noted the low number of held within the constitutional timeframe. In gender discrimination lawsuits filed in the May, the Constitutional Court ruled that the country and recommended the introduction President could remain in office beyond 19 of a free legal aid system for such December until his successor was in place. proceedings. The Committee also expressed In October, it ruled again that the presidential concern about the continued gender pay gap elections could be deferred. The opposition of approximately 21%, the third highest in and civil society questioned the legality of the the EU. second judgment as it was issued by five judges instead of the seven required by law. An agreement following a dialogue led by the AU that deferred the elections to April 2018 DEMOCRATIC was rejected by the majority of the political opposition, civil society and youth REPUBLIC OF THE movements. On 31 December, following mediation by the Catholic Church, a new CONGO agreement was signed by representatives of the majority coalition, the opposition and civil Democratic Republic of the Congo society organizations. The agreement Head of state: Joseph Kabila included commitments that President Kabila Head of government: Samy Badibanga Ntita (replaced would not stand for a third term and that Augustin Matata Ponyo Mapon in November) elections would be held by the end of 2017. The political uncertainty contributed to The Democratic Republic of the Congo increasing tensions in the east of the DRC, (DRC) experienced political unrest during which remained beset by armed conflict. the year with protests over the end of Heightened intercommunal and ethnic President Kabila’s mandate. tensions in the prolonged pre-electoral Demonstrations were met with excessive period, coupled with weak administrative and use of force by security agents as well as security responses, fuelled violence and violations of the rights to freedom of recruitment into armed groups. expression, of association and of peaceful The joint DRC armed forces-MONUSCO assembly. Armed conflicts continued in the operation “Sokola 2” continued efforts to east: armed groups committed numerous neutralize the Democratic Forces for the abuses against civilians, including summary Liberation of Rwanda (FDLR) – an armed executions, killings, abductions, acts of group based in eastern DRC comprising sexual violence and looting of property; and Rwandan Hutus linked to the 1994 Rwanda security forces carried out extrajudicial genocide. The operation failed to capture executions and other human rights FDLR commander Sylvestre Mudacumura.

Amnesty International Report 2016/17 137 Hundreds of South Sudanese fighters obstacles renting facilities for conferences, affiliated to the Sudan People’s Liberation meetings or other events. On 14 March, a Army-In-Opposition (SPLA-IO) crossed into meeting at a hotel in Lubumbashi between the DRC following fighting in the South Pierre Lumbi, President of the Social Sudanese capital Juba in July (see South Movement for Renewal (MSR), and MSR Sudan entry). members was forcefully stopped by the A worsening economic crisis exacerbated National Intelligence Agency. already high levels of poverty, and there were Government officials, including the outbreaks of cholera and yellow fever Minister of Justice and Human Rights, resulting in hundreds of deaths. threatened to close human rights organizations under restrictive interpretations FREEDOMS OF ASSOCIATION of laws governing NGO registration. AND ASSEMBLY The right to freedom of peaceful assembly EXCESSIVE USE OF FORCE was violated, mostly in connection with Security forces consistently broke up protests against an extended term for peaceful protests using unnecessary, President Kabila. Numerous protests, most excessive and sometimes lethal force, organized by the political opposition, were including tear gas and live ammunition. declared unauthorized even though DRC law On 19 September, security forces killed and international law only require organizers dozens of people in Kinshasa during a protest to notify local authorities, not obtain calling on President Kabila to step down at authorization. By contrast, assemblies the end of his second term. organized by the Presidential Majority, the Protests against Kabila’s refusal to leave ruling coalition, largely took place without power broke out again on 19 and 20 interference by the authorities. December. Dozens of people were killed by Blanket bans on public protests were the security forces in Kinshasa, Lubumbashi, imposed or maintained in the capital Boma and Matadi. Hundreds were arbitrarily Kinshasa, the cities of Lubumbashi and arrested before, during and after the protests. Matadi, and the provinces of Mai-Ndombe Security forces also killed protesters (ex-Bandundu Province) and Tanganyika. participating in demonstrations over other During the year, 11 activists from the youth grievances in Baraka, Beni, Ituri and Kolwezi. movement Struggle for Change (LUCHA) were convicted of offences because they FREEDOM OF EXPRESSION participated in or organized peaceful The right to freedom of expression was protests. In addition, over 100 activists from restricted and constantly violated in the pre- LUCHA and the pro-democracy youth election context.1 Politicians who advocated movement Filimbi were arrested before, against an extension of President Kabila’s during or just after peaceful protests. These second term were particularly targeted. and other youth movements, who called on Military police detained opposition leader President Kabila to stand down at the end of Martin Fayulu for half a day in February while his second term, were branded as he was mobilizing support for a general strike insurrectionary. Local authorities declared calling for respect for the Constitution. In them “illegal” due to their lack of registration May, the police in Kwilu Province prevented even though neither national nor international him from holding three political meetings. law makes registration a precondition for The police prevented Moise Katumbi, establishing an association. former Governor of the then Katanga The authorities also prohibited private Province and a presidential aspirant, from meetings to discuss politically sensitive addressing public gatherings after he left issues, including the elections. Civil society President Kabila’s party, the People’s Party and political opposition parties faced for Reconstruction and Democracy. In May,

138 Amnesty International Report 2016/17 the prosecutor opened an investigation 36 months on appeal. A trial in relation to the against Moise Katumbi for alleged killing in North Kivu started in September. recruitment of mercenaries, but later allowed The authorities increasingly targeted him to leave the country to receive medical human rights defenders who took a public care. Another court case was then brought stand on the presidential term limit or against Moise Katumbi, relating to a real documented politically motivated human estate dispute, and he was sentenced in his rights violations. Many defenders faced absence to three years’ imprisonment. arbitrary arrest, harassment and increased This rendered him ineligible to stand for pressure to stop their activities. the presidency. In February, the South Kivu government On 20 January, the Minister of promulgated a decree on the protection of Communication and Media decreed the human rights defenders and journalists. At closure of Radio-Television Nyota and the national level, the UN, the National Television Mapendo – both owned by Moise Human Rights Commission and several Katumbi – on the basis that they had not human rights NGOs worked on a proposal for complied with their tax obligations. The state- a law to protect human rights defenders, but run media regulatory agency, Higher Council it has not yet been discussed in parliament. for Broadcasting and Communication, said that taxes had been paid and called for the CONFLICT IN EASTERN DRC stations to be reopened. Despite this, both Human rights abuses remained rampant in remained closed. eastern DRC, where conflict continued. The Dozens of journalists were arbitrarily absence of state authorities and gaps in the detained. On 19 and 20 September, at least protection of civilians led to deaths. eight journalists of international and national outlets were arrested and detained while Abuses by armed groups covering the protests. Several of them Armed groups committed a wide range of were harassed, robbed and beaten by abuses including: summary executions; security forces. abductions; cruel, inhuman and degrading On 5 November, the signal of Radio treatment; rape and other sexual violence; France Internationale (RFI) was blocked and and the looting of civilian property. The remained blocked at the end of the year. FDLR, the Forces for Patriotic Resistance in Around the same time, the signal of Radio Ituri (FRPI) and various Mai-Mai armed Okapi, the UN radio station, was interrupted groups (local and community-based militias) over a period of five days. On 12 November, were among those responsible for abuses the Communication and Media Minister against civilians. The Lord’s Resistance Army issued a decree barring radio stations without (LRA) continued to be active and commit a physical presence in the DRC from having abuses in areas bordering South Sudan and a local frequency. The decree stated that, the Central African Republic. from December, the stations could only In Beni area, North Kivu, civilians were broadcast through a Congolese partner radio massacred, usually by machetes, hoes and station with the agreement of the Minister. axes. On the night of 13 August, 46 people were killed in Rwangoma, a neighbourhood HUMAN RIGHTS DEFENDERS of Beni, by suspected members of the Allied At least three human rights defenders were Democratic Forces (ADF), an armed group killed by known or suspected security agents from Uganda that maintains bases in in Maniema, North Kivu and South Kivu eastern DRC. provinces. A police officer was convicted of the killing of the human rights defender in Violations by the security forces Maniema and sentenced to life Soldiers committed human rights violations imprisonment; the sentence was reduced to during operations against armed groups.

Amnesty International Report 2016/17 139 They also extrajudicially executed civilians September resulting in many deaths and protesting against the lack of government much material damage. Continuing clashes protection. resulted in summary executions, sexual violence and mass displacement. According Violence against women and girls to local chiefs and civil society organizations, Hundreds of women and girls were subjected over 150 schools in the district were burned to sexual violence in conflict-affected areas. down during intercommunal clashes. Perpetrators included soldiers and other state agents, as well as combatants of armed REFUGEES AND INTERNALLY groups such as Raia Mutomboki (a coalition DISPLACED PEOPLE of groups), the FRPI and Mai-Mai Nyatura, a Fighting between the army and armed groups Hutu militia. caused high levels of displacement. In February, over 500,000 Congolese refugees Child soldiers were registered in neighbouring countries. By Hundreds of children were recruited by 1 August, 9 million internally displaced armed groups, including the FRPI, Mai-Mai people (IDPs) were registered in the DRC, the Nyatura, joint forces of the FDLR and its majority of them in North and South Kivu official armed wing Forces Combattantes Provinces. Abacunguzi (FOCA), and the Patriotic Union Following allegations that members of for the Defense of the Innocent (UDPI). Child armed groups, especially the FDLR, were soldiers continued to be used as combatants hiding in the camps, the government closed and also to cook, clean, collect taxes and several IDP camps that had been set up in carry goods. collaboration with UNHCR, the UN refugee agency. The closures affected an estimated Communal violence 40,000 displaced people, led to further Intercommunal violence between the Hutu displacement and insecurity, and were widely and Nande communities escalated in Lubero criticized by humanitarian organizations. and Walikale Territories of North Kivu. Both During the closures, numerous displaced communities received support from armed people were victims of human rights groups – the Hutu community from the FDLR violations by soldiers. and the Nande community from Mai-Mai groups – which resulted in high death tolls TORTURE AND OTHER ILL-TREATMENT and extensive damage to civilian property. In State agents as well as members of armed January and February, the fighting reached groups perpetrated acts of torture and other alarming levels. On 7 January, the FDLR cruel, inhuman and degrading treatment. killed at least 14 people from the Nande The National Intelligence Agency was community in the village of Miriki, south responsible for abductions and forms of Lubero Territory. When the local population prolonged incommunicado detention that staged protests against the lack of protection breach the right of detainees to be treated following the attack, the army fired live with humanity and the absolute prohibition of bullets, killing at least one protester. A few torture or other ill-treatment. weeks later, at least 21 people from the Hutu community were killed, 40 wounded and IMPUNITY dozens of houses burned in attacks by Very few state agents, especially at senior Nande militia. levels, or combatants of armed groups were On 27 November, over 40 people were prosecuted for and convicted of human rights killed during an attack on a Hutu village by a violations and abuses. A lack of both funding Nande self-defence group. and judicial independence continued to pose In Tanganyika province, clashes between major barriers to accountability for such Batwa and Luba communities revived in crimes.

140 Amnesty International Report 2016/17 On 11 October, Gedeon Kyungu Mutanga or armed groups. Thousands of children were surrendered with over 100 Mai-Mai unable to attend school because of the combatants to the Haut-Katanga Province destruction of schools or the displacement of authorities. He had escaped from prison in teachers and pupils. 2011 after being sentenced to death for crimes against humanity, insurgency and 1. Democratic Republic of the Congo: Dismantling dissent − repression terrorism. of expression amidst electoral delays (AFR 62/4761/2016) PRISON CONDITIONS Overcrowding, dilapidated infrastructure and under-funding contributed to dire prison DENMARK conditions. Most of the prison population Kingdom of Denmark comprised detainees awaiting trial. Head of state: Queen Margrethe II Malnutrition, infectious diseases and an Head of government: Lars Løkke Rasmussen absence of appropriate health care led to the deaths of at least 100 prisoners. An estimated 1,000 prisoners escaped. The government introduced serious restrictions to asylum and migration laws RIGHT TO AN ADEQUATE STANDARD and suspended an agreement with UNHCR, OF LIVING the UN refugee agency, to accept refugees Extreme poverty remained widespread. for resettlement. Procedural rules created According to the World Food Programme, an delays for transgender people seeking legal estimated 63.6% of the population were gender recognition. A claim by Iraqis for living below the national poverty line and torture against the Ministry of Defence was lacking access to basic needs such as ruled admissible. adequate food, safe drinking water, sanitation, adequate health services and REFUGEES AND ASYLUM-SEEKERS education. According to the estimates, over 7 In January, Parliament amended the Aliens million people were food insecure and nearly Act, restricting the right to family half of all children under the age of five were reunification. Individuals granted subsidiary suffering from chronic malnutrition. An protection status had to wait for three years economic crisis led to a sharp fall in the value before being eligible to apply for family of the Congolese franc against the US dollar, reunification. In October, four Syrians who hitting hard the purchasing power of the had been granted protection started legal population. action against the government, on the grounds that the amendments violated their RIGHT TO EDUCATION right to family life. Although the Constitution guarantees free In August, the UN Human Rights primary education, the school system Committee criticized the amendments and continued to function because of the raised concern about a further amendment to institutionalized practice of school fees the Act which introduced the possibility of covering teachers’ wages and school confiscating asylum-seekers’ assets as a expenses. Youth activists who protested contribution towards the costs of their peacefully in Bukavu, South Kivu, against the reception. The same bill also included a school fees at the beginning of the school provision which gave the executive power to year in September were arrested and held for suspend judicial oversight over the detention short periods. of migrants and asylum-seekers when the Armed conflict had a severe impact on government considered there was a large education. Dozens of schools were used as influx of people to the country. IDP camps or as military bases for the army

Amnesty International Report 2016/17 141 In June, the government introduced Code and about police powers to intercept further restrictions to its “tolerated stay” communications which may result in mass regime, which applied to individuals it surveillance. The Committee urged the excluded from protection because they had government to conduct a comprehensive committed a felony in Denmark or were review of its counter-terrorism powers to believed to have committed war crimes or ensure compliance with international human non-political crimes elsewhere, but who rights law. could not be deported to their country of origin as they faced a real risk of human TORTURE AND OTHER ILL-TREATMENT rights violations there. The government In August, the Eastern High Court ruled declared its intention to make their stay “as admissible a civil damages lawsuit brought intolerable as possible”. The new restrictions against the Ministry of Defence by 11 Iraqi included compulsory overnight stay at nationals. They alleged they were tortured by Kærshovedgård centre, about 300km outside Iraqi soldiers during a military operation run Copenhagen, to separate individuals from by Danish soldiers in Basra, Iraq, in 2004. A their families. Those who breached their substantive hearing was expected to take “tolerated stay” obligations faced potential place in 2017. custodial sentences in regular prisons. At the end of the year, 68 people were on “tolerated stay”. In October, the government deferred DOMINICAN implementing the agreement with UNHCR to receive 500 refugees annually for REPUBLIC resettlement from refugee camps around the world. Dominican Republic Head of state and government: Danilo Medina Sánchez DISCRIMINATION – TRANSGENDER PEOPLE A law to reform the police finally entered Procedural rules set by the Danish Health into force. A reform to the Criminal Code Authority on access to hormone treatment that maintained the criminalization of and gender-affirming surgery unreasonably abortion in almost all circumstances was prolonged the gender recognition process for approved by Congress. Many people transgender people. The tests and remained stateless. Consultations were held questionnaires required focused on sexual on a draft anti-discrimination bill. conduct which many transgender people reported finding humiliating. Only one clinic BACKGROUND was authorized to prescribe hormone Legislative, presidential and local elections treatment to transgender people. The Health were held in May. Danilo Medina Sánchez of Authority’s procedural guidelines for gender- the ruling Dominican Liberation Party (PLD) affirming treatment were under review at the was re-elected as President. The PLD end of the year. maintained its control over the two chambers In May, the Parliament adopted a of Congress. A number of openly lesbian, landmark resolution to end the gay, bisexual, transgender and intersex pathologization of transgender identities as a (LGBTI) candidates ran for seats in legislative “mental disorder” by the beginning of 2017. and local elections to increase their political visibility and participation. COUNTER-TERROR AND SECURITY In January the Dominican Republic took In August, the UN Human Rights Committee over the presidency of the Community of expressed concern about Denmark’s overly Latin American and Caribbean States. The broad definition of terrorism in the Criminal General Assembly of the Organization of

142 Amnesty International Report 2016/17 American States (OAS) was held in Santo safeguards against arbitrary deportations. For Domingo, the capital, in June. example, the authorities failed to serve New members were appointed to the deportation orders or to provide mechanisms Central Electoral Board, the institution in allowing people who had been brought to detention charge of the civil registry that has centres and deported to challenge the continuously limited access to identity legality, necessity and proportionality of documents for Dominicans of Haitian detention as well as the deportation itself.1 descent. The government failed to finalize and DISCRIMINATION – STATELESS implement a draft National Human Rights PERSONS Plan after consulting in 2015 with human In February the Inter-American Commission rights organizations. on Human Rights published a report on the A comprehensive anti-discrimination bill situation of human rights in the Dominican was drafted and shared for consultation with Republic and concluded that “the situation of various sectors of society. If adopted, it statelessness… that has not yet been would be the first legislation of its kind in completely corrected after the measures the Caribbean. adopted by the Dominican State, is of a Tens of thousands of people were magnitude never before seen in the displaced due to massive flooding in October Americas.” and November affecting large areas of the From August 2015 to July 2016, UNHCR, north of the country. the UN refugee agency, verified 1,881 cases of Dominican-born individuals who had POLICE AND SECURITY FORCES arrived in Haiti, voluntarily or following The Office of the Prosecutor General reported expulsions, and who were stateless or at risk 74 killings by security forces between of statelessness. Contrary to international law, January and June, representing nearly 10% a number of Dominican-born individuals of all killings in the country. Many killings were expelled from the Dominican Republic took place in circumstances suggesting that to Haiti – something the Dominican they may have been unlawful. authorities continuously failed to After years of discussion, a new law on acknowledge. police reform (Law 590-16) was passed Despite measures adopted by the in July. government in 2014, tens of thousands of people, mainly of Haitian descent, remained REFUGEES’ AND MIGRANTS’ RIGHTS stateless by the end of 2016.2 No steps were The authorities continued to deport taken to find any solution for Dominican-born significant numbers of people of Haitian people of foreign descent whose birth had origin, including Haitian migrants and their never been registered in the Dominican Civil families. According to the International Registry (so-called “Group B”) and who Organization for Migration, the authorities could not apply for the naturalization plan deported more than 40,000 persons to Haiti provided by Law 169-14.3 between January and September, while nearly 50,000 more individuals HUMAN RIGHTS DEFENDERS “spontaneously” left the Dominican Republic, In September, lawyer and human rights in some cases following threats or for fear of defender Genaro Rincón Mieses was verbally violent deportations. More than 1,200 and physically assaulted in the capital, Santo presumed unaccompanied children were Domingo, for his work in protecting the rights identified at the Dominican-Haitian border. of Dominicans of Haitian descent.4 The Despite some improvements in the way attack took place in a context of increased deportations were carried out by officials, the reports of threats, insults and intimidation authorities failed to fully respect international against human rights defenders combating

Amnesty International Report 2016/17 143 statelessness. No one had been held 5. Dominican Republic: President Medina must stop a regressive reform accountable for the attack by the end of for women’s rights (News story, 15 December) the year. SEXUAL AND REPRODUCTIVE RIGHTS ECUADOR In December, Congress approved a new version of the Criminal Code, after many Republic of Ecuador years of discussion.5 The reform maintained Head of state and government: Rafael Vicente Correa the criminalization of abortion while providing Delgado for one restrictive exception, whereby abortion would be decriminalized where the Critics of the authorities, including human pregnancy posed a risk to the life of a rights defenders, faced prosecution, pregnant woman or girl but only after “all harassment and intimidation; the rights to attempts had been made to save both the freedom of expression and of association lives of the woman and the foetus”. Women’s were restricted. The right to free, prior and rights groups raised concerns that the informed consent relating to development exception would make it impossible in projects which adversely affected practice for women and girls whose lives livelihoods, was denied to Indigenous were at risk to access abortion services. Peoples. VIOLENCE AGAINST WOMEN AND GIRLS BACKGROUND According to official statistics, the first six The UN Human Rights Committee expressed months of the year saw a 2% increase in the concerns about violations of the ICCPR number of killings of women and girls, including: the repeated use by police of force compared with the same period in 2015. against peaceful demonstrations; legal By May the number of complaints received provisions which threatened the rights to by the authorities for acts of sexual violence freedom of association and assembly; delays had increased by nearly 10% compared with to legislative reform to allow adequate the same period in 2015. consultation with Indigenous Peoples and Parliament had yet to adopt a Nationalities and other communities. It comprehensive law to prevent and address recommended that increased efforts be violence against women that had been made to end discrimination against lesbian, approved by the Senate in 2012. gay, bisexual, transgender and intersex (LGBTI) people, and that violence against RIGHTS OF LESBIAN, GAY, BISEXUAL, women and sexual violence in schools TRANSGENDER AND INTERSEX PEOPLE be addressed. Civil society organizations continued to report hate crimes against LGBTI people, FREEDOMS OF EXPRESSION particularly murders of transgender women. AND ASSOCIATION In April, Indigenous Peoples’ leaders appeared before the Inter-American 1. “Where are we going to live?”: Migration and statelessness in the Dominican Republic and Haiti (AMR 36/4105/2016) Commission on Human Rights and 2. “Without paper, I am no one”: Stateless people in the Dominican condemned restrictions on their right to Republic (AMR 27/2755/2015) freedom of association. 3. Dominican Republic’s absurd laws shatter star boxer’s promising In September, the authorities dissolved the career (News story, 4 February); Dominican Republic: 50,000 people National Union of Teachers (UNE), on demand solution to crisis of “ghost citizens“ (Press release, 20 grounds that it had not registered its September) executive board with the authorities. 4. Dominican Republic: Defender combatting statelessness attacked: In December, the Interior Ministry filed a Genaro Rincon (AMR 27/4901/2016) complaint against the Ecological Action

144 Amnesty International Report 2016/17 Corporation, accusing it of violent acts after it In July, a co-ordinator of the published information about the possible Ombudsman’s Office rejected a complaint by environmental impact of mining activities on the Women Defenders of Mother Earth Front the Morona Santiago province. Consequently, who alleged that they were assaulted and the organization remained under threat arbitrarily arrested during a peaceful protest of closure. against a mining project in the province of Cuenca. The women requested that the INDIGENOUS PEOPLES’ RIGHTS decision be reviewed in line with the In January, the Kichwa People of Sarayaku Ombudsman’s procedures. There was no denounced government negotiations aimed decision by the end of the year. at granting permission to international companies to extract oil from their territory 1. Una vez más Ecuador estaría ignorando los derechos de los pueblos 1 without consulting the community. indígenas en favor de la explotación petrolera (AMR 28/3360/2016) In June, the Inter-American Court of 2. Ecuador: Community leaders accused of terrorism (AMR Human Rights issued a resolution in the 28/3205/2016) Kichwa Indigenous People of Sarayaku v Ecuador case. It acknowledged that the state had complied with most of the orders contained in its previous 2012 ruling. The EGYPT Court requested further information from the Arab Republic of Egypt government regarding the obligation to Head of state: Abdel Fattah al-Sisi provide permanent training and capacity Head of government: Sherif Ismail building to help judicial functionaries resolve cases where the rights of Indigenous Peoples had been violated. In December the Court The authorities used mass arbitrary arrests held a hearing on state compliance with court to suppress demonstrations and dissent, orders relating to the removal of explosives detaining journalists, human rights from Sarayaku territory and the right of the defenders and protesters, and restricted the people affected by such measures to enjoy activities of human rights organizations. prior consultation. The Court is expected to The National Security Agency (NSA) issue its resolution in 2017. subjected hundreds of detainees to In December, following a series of violent enforced disappearance; officers of the NSA acts and harassment by the authorities and other security forces tortured and against the Shuar Indigenous Peoples for otherwise ill-treated detainees. Security their opposition to a mining project in Morona forces used excessive lethal force during Santiago, the government declared a state of regular policing and in incidents that may emergency in the area and arrested the have amounted to extrajudicial executions. President of the Interprovincial Federation of Mass unfair trials continued before civilian Shuar Centres, Agustín Wachapá. and military courts. The authorities failed to adequately investigate human rights HUMAN RIGHTS DEFENDERS violations and bring perpetrators to justice. In January, campesino leaders Manuel Women continued to face sexual and Trujillo and Manuela Pacheco were accused gender-based violence. The government of “terrorism” after they participated in a continued to restrict religious minorities campaign to oppose the construction of a and prosecuted people for defamation of hydroelectric plant that the community religion. Individuals faced imprisonment for believed would restrict their right to water.2 “debauchery” on the basis of their They were acquitted later that month due to perceived sexual orientation. Hundreds of lack of evidence. refugees, asylum-seekers and migrants were detained while seeking to cross the

Amnesty International Report 2016/17 145 Mediterranean Sea. Courts continued to hand down death sentences; executions COUNTER-TERROR AND SECURITY were carried out. The armed forces continued operations against armed groups active in North Sinai, BACKGROUND using armoured vehicles, artillery and air The newly elected House of Representatives strikes. The Ministry of Defence said each of convened on 10 January and had 15 days to these operations killed dozens of “terrorists”. review and approve legislative decrees issued Much of the area remained under a state of by President al-Sisi in the absence of a emergency and effectively off-limits to parliament. It approved almost all such laws, independent human rights monitors and including the Counter-Terrorism Law (Law 94 journalists. of 2015) that eroded fair trial safeguards and Armed groups launched repeated and wrote emergency-style powers into deadly attacks targeting the security forces as domestic law. well as government and judicial officials and Egypt remained part of the Saudi Arabia- other civilians. Most such attacks occurred in led military coalition engaged in the armed North Sinai, although bombings and conflict in Yemen (see Yemen entry). In shootings by armed groups were reported in January, President al-Sisi approved legislation other parts of the country. The armed group authorizing the armed forces to operate calling itself Sinai Province, which had outside Egypt for a further year. declared allegiance to the armed group Relations between Egypt and Italy Islamic State (IS), said it carried out many of deteriorated after Italian PhD student Giulio the attacks. During the year, Sinai Province Regeni died in mysterious circumstances said it executed several men it claimed were when conducting research into Egyptian spies for the security forces. trade unions. When his body was found on 3 February, a police official told Egyptian media FREEDOMS OF EXPRESSION, that Giulio Regeni had died in a traffic ASSOCIATION AND ASSEMBLY accident, but autopsies concluded that he The authorities severely restricted the rights had been tortured. On 24 March, two weeks to freedoms of expression, association and after the European Parliament expressed its peaceful assembly in law and practice. concern over the killing, Egypt’s Ministry of Journalists, activists and others faced the Interior said the security forces had killed arrest, prosecution and imprisonment on members of a criminal gang responsible for charges that included inciting or participating Giulio Regeni’s death. On 8 April, Italy in protests, disseminating “false rumours”, recalled its ambassador from Egypt. On 9 defaming officials and damaging morality. September, Egypt’s Public Prosecutor said Photojournalist Mahmoud Abou Zeid, the security forces had briefly investigated known as Shawkan, and more than 730 other Giulio Regeni before his disappearance people, continued to face hearings in a mass, and murder. unfair trial that began in December 2015. Several states continued to supply Egypt Mahmoud Abou Zeid faced trumped-up with arms and military and security charges that included “joining a criminal equipment, including jet fighters and gang” and murder for documenting a sit-in armoured vehicles. protest in the capital, Cairo, on 14 August The government kept the Rafah crossing 2013. The court tried many in their absence. to the Gaza Strip closed for all but 46 days of On 1 May, security forces raided the Press the year, according to the available figures Syndicate in Cairo and arrested journalists from the UN Relief and Works Agency. Amro Badr and Mahmoud al-Saqqa on charges that included inciting protests and publishing “false rumours”. The Syndicate condemned the raid and the arrests. A court

146 Amnesty International Report 2016/17 bailed Amro Badr on 28 August and article gave the Ministry of the Interior powers Mahmoud al-Saqqa on 1 October. On 19 to ban protests arbitrarily. November, a court sentenced Syndicate head Yahia Galash and board members Khaled EXCESSIVE USE OF FORCE Elbalshy and Gamal Abd el-Reheem to two Police officers continued to use excessive years in prison on charges that included lethal force following verbal altercations, “harbouring suspects”. The court set a fee of shooting and killing at least 11 people and 10,000 Egyptian Pounds (US$630) to injuring more than 40 others. Courts jailed suspend the sentences. two police officers for 25 years in separate Investigative judges stepped up a criminal cases of fatal shootings which had led to investigation into the activities and funding of neighbourhood protests. NGOs, questioning staff, banning 12 The Ministry of the Interior repeatedly defenders from travelling and freezing the announced that security forces had shot assets of seven defenders and six groups. dead suspects during raids on residences, The authorities ordered the closure of one including members of the Muslim human rights organization. Parliament Brotherhood and alleged members of armed approved new legislation to replace the Law groups. No police officers were formally on Associations (Law 84 of 2002) which investigated, raising concern that security would severely restrict NGOs’ activities and forces may have used excessive force or in their right to obtain legal registration and some cases carried out extrajudicial access to funding from abroad. The draft law executions. had not been enacted by the end of the year. On 17 February, officials from the Ministry ARBITRARY ARRESTS AND DETENTIONS of Health served El Nadeem Center for Critics and opponents of the government Rehabilitation of Victims of Violence with a continued to face arbitrary arrest and closure order. The organization continued to detention on charges that included inciting operate and challenged the government’s protests, “terrorism” and belonging to decision before the courts, but the authorities banned groups such as the Muslim briefly froze its assets in November. Brotherhood or the 6 April Youth Movement. On 17 September, a court in Cairo upheld The authorities also arbitrarily detained an asset freeze against five human rights several human rights defenders. defenders and three organizations – the Cairo The security forces arrested around 1,300 Institute for Human Rights Studies, the people across Egypt between mid-April and Hisham Mubarak Law Center and the early May in attempts to quell protests, Egyptian Center for the Right to Education – according to estimates by a coalition of which had been ordered by judges Egyptian human rights lawyers. Most were investigating their activities and funding. released, but some subsequently faced trial The security forces used tear gas to (see below, “Unfair trials”). disperse peaceful protests in Cairo on 15 and More than 1,400 individuals were held 25 April and arrested around 1,300 people beyond the two-year legal limit for pre-trial on charges of breaching the Protest Law (Law detention without being referred to trial. 107 of 2013) and the Law on Assembly (Law Mahmoud Mohamed Ahmed Hussein was 10 of 1914). On 8 June the government released on bail on 25 March by court order announced that it planned to amend the after more than two years’ detention without Protest Law; it had not submitted any drafts trial for wearing a T-shirt with the slogan to parliament by the end of the year. “Nation without Torture” and a scarf bearing On 3 December the Supreme the “25 January Revolution” logo. Constitutional Court ruled that an article of Malek Adly, a director at the Egyptian the Protest Law was unconstitutional. The Center for Economic and Social Rights, was arrested by security forces on 5 May on

Amnesty International Report 2016/17 147 charges of spreading “false rumours” and groups documented dozens of reports of attempting to overthrow the government. He deaths in custody due to torture and other ill- had helped to file a lawsuit challenging the treatment and inadequate access to government’s decision to cede the islands of medical care. Tiran and Sanafir to Saudi Arabia. A court On 20 September, a court sentenced nine ordered his release on 28 August. police officers to three-year prison sentences Security forces arrested the chair of the for assaulting doctors at a hospital in the Egyptian Commission for Rights and Cairo district of Matariya in January. The Freedoms, Ahmed Abdallah, on 25 April and court released the officers on bail pending the group’s minorities’ director, Mina Thabet, an appeal. on 19 May. The organization had documented enforced disappearances in UNFAIR TRIALS Egypt. Both men were remanded in custody Criminal courts continued to conduct mass but were not formally charged and were unfair trials involving dozens – sometimes released on bail on 18 June and 10 hundreds – of defendants on charges of September respectively. participating in protests and political violence following the ousting of Mohamed Morsi as ENFORCED DISAPPEARANCES president in July 2013. The NSA abducted hundreds of people In some trials involving defendants who without judicial order and held them had been subjected to enforced incommunicado for prolonged periods, disappearance, courts accepted outside of judicial oversight and without “confessions” obtained through torture access to family members or legal as evidence. representation.1 The authorities continued to In addition to dedicated “circuits” (special deny that such enforced disappearances courts) for terrorism-related trials, military occurred. The security forces targeted courts unfairly tried hundreds of civilians, suspected supporters of the Muslim including in mass trials. In August the Brotherhood and activists with other political authorities extended a law vastly expanding affiliations. Some enforced disappearances the jurisdiction of military courts to include were carried out by Military Intelligence crimes committed against “public officials. installations” for a further five years. The NSA detained 14-year-old Aser Courts tried more than 200 people on Mohamed on 12 January and subjected him charges of taking part in protests against the to enforced disappearance for 34 days. He government’s decision to cede the islands of said NSA interrogators forced him to Tiran and Sanafir to Saudi Arabia, sentencing “confess” under torture to “terrorism”-related many to prison terms of between two to five charges, and that a prosecutor threatened years and heavy fines. Appeals courts him with further torture if he retracted his subsequently overturned most prison confession. His trial was ongoing at the end sentences. of the year. More than 490 people, including Irish national Ibrahim Halawa, faced charges of TORTURE AND OTHER ILL-TREATMENT participating in violence during a protest in Security officials subjected detainees to August 2013, in a mass trial which opened in beatings and ill-treatment upon arrest. NSA 2014. The charges against Ibrahim Halawa interrogators tortured and otherwise ill-treated were considered by Amnesty International to many victims of enforced disappearance to be trumped up. extract “confessions” for use against them at On 18 June, a court sentenced ousted trial. Methods included severe beatings, president Mohamed Morsi to 25 years in electric shocks and being forced to adopt prison for leading a “banned group” and a stress positions. Egyptian human rights further 15 years for stealing classified

148 Amnesty International Report 2016/17 information. The court sentenced six other in law and practice and inadequate men to death in the case, including three protection from violence. journalists in their absence. There were repeated attacks targeting Coptic Christians. On 11 December a bomb IMPUNITY attack on a church in Cairo killed 27 people. The authorities failed to adequately The armed group IS claimed responsibility, investigate the vast majority of alleged human while the authorities blamed a “terrorism rights violations, including torture and other cell” linked to the Muslim Brotherhood. ill-treatment, enforced disappearances, A new law regulating churches, signed deaths in custody and the widespread use of by President al-Sisi on 28 September, excessive force by security forces since arbitrarily restricted their construction, repair 2011, and to bring perpetrators to justice. and expansion. Prosecutors regularly refused to investigate detainees’ complaints of torture and other ill- RIGHTS OF LESBIAN, GAY, BISEXUAL, treatment, as well as evidence that security TRANSGENDER AND INTERSEX PEOPLE forces had falsified dates of arrest in cases of Individuals continued to face arrest, enforced disappearances. detention and trial on “debauchery” charges On 15 August, President al-Sisi signed under Law 10 of 1961, on the basis of their amendments to the Police Authority Law real or perceived sexual orientation and which prohibited security forces from “ill- gender identity. treating citizens” and prohibited officers from making unauthorized statements to the REFUGEES’ AND MIGRANTS’ RIGHTS media and unionizing. Egyptian security forces arrested more than 4,600 refugees, asylum-seekers and WOMEN’S RIGHTS migrants as they attempted to cross the Women continued to face inadequate Mediterranean Sea to Europe, according to protection from sexual and gender-based figures published by UNHCR, the UN violence, as well as gender discrimination in refugee agency, in September. law and practice, particularly under personal On 8 November, President al-Sisi signed a status laws regulating divorce. law which would punish those who illegally A 17-year-old girl died on 29 May, transfer people from one country to another reportedly from haemorrhaging, following with a fine of up to 500,000 Egyptian Pounds female genital mutilation (FGM) at a private (US$32,130) and prison terms of up to 25 hospital in Suez Governorate. Four people years. The law did not distinguish between faced trial on charges of causing lethal injury human smuggling and trafficking. While the and FGM, including the girl’s mother and law exempted victims of trafficking and medical staff. irregular migrants from prison sentences and On 25 September, President al-Sisi signed fines, it provided that the government should a law increasing the prison sentence for any return them to their countries of origin – individual who carries out FGM, from a potentially against their will. The law did not minimum of three months and maximum of specify how the authorities should treat two years, to a minimum of five years and a victims of trafficking and refugees and maximum of 15 years, also punishing those asylum-seekers and whether they would be who force girls to undergo FGM. protected from refoulement. On 22 September, a boat carrying DISCRIMINATION – RELIGIOUS refugees, asylum-seekers and irregular MINORITIES migrants capsized off the Egyptian coast, Religious minorities, including Coptic resulting in the deaths of more than 200 Christians, Shi’a Muslims and Baha’is, people. Security forces arrested the crew. continued to face discriminatory restrictions

Amnesty International Report 2016/17 149 detainees were appealing the judgment WORKERS’ RIGHTS before a higher military court. The authorities did not recognize independent trade unions operating outside 1. Egypt: ‘Officially, you do not exist’ – disappeared and tortured in the of the state-controlled Egyptian Trade Union name of counter-terrorism (MDE 12/4368/2016) Federation. This was reflected in a new draft labour law which tightened central control on unions. A military court unfairly tried 26 civilian EL SALVADOR workers at Alexandria Shipyard Company for Republic of El Salvador striking. Head of state and government: Salvador Sánchez Egyptian human rights organizations Cerén repeatedly warned that the government was not doing enough to ensure that its economic policies, including subsidy reform and Increasing levels of violence continued to currency devaluation, as well as proposed affect people’s rights to life, physical reforms to the civil service law, did not integrity, education and freedom of negatively affect people on lower incomes movement. There were reports of excessive and those living in poverty. use of force by the security forces and of a surge in asylum applications by Salvadorans DEATH PENALTY in various countries in the region. A total Criminal courts continued to hand down ban on abortion threatened women’s rights. death sentences for murder, rape, drugs However, a proposal to decriminalize trafficking, armed robbery and “terrorism”. abortion in certain specific circumstances People were executed for murder and other was before the Legislative Assembly at the criminal offences. end of the year. A human rights defender The Court of Cassation overturned some was tried on charges of slander and death sentences and referred cases for defamation. The Supreme Court declared retrial, including a death sentence against the 1993 Amnesty Law unconstitutional. ousted president Mohamed Morsi and at Impunity for violence and other crimes least one case of a mass unfair trial linked to against lesbian, gay, bisexual, transgender the 2013 unrest. and intersex (LGBTI) people persisted. Military courts handed down death sentences against civilians following grossly BACKGROUND unfair trials marred by enforced Levels of violence and other crimes, primarily disappearances and torture and other ill- resulting from gang activity, continued to treatment. ravage the country, with 3,438 homicides On 29 May a military court sentenced six reported in the first six months of the year; civilian men to death and 12 civilian men to the equivalent figure for 2015 was 3,335. prison sentences of 15 to 25 years on The press also reported sexual violence charges of belonging to the Muslim against women and girls by gang members. Brotherhood, obtaining classified information In April, the authorities approved a series and possessing firearms and explosives. The of “extraordinary measures” to try to stem the court ignored the men’s complaints of torture wave of violence afflicting the country, and other ill-treatment, as well as evidence including legal reforms to introduce stricter that security forces had subjected them to prison regimes and the creation of a enforced disappearance following their specialized reaction force of 1,000 police and arrests in May and June 2015. The court also military personnel to combat criminal gangs. sentenced two other men to death and six to Critics raised concerns that the use of the 25-year prison terms in their absence. The military in public security operations could

150 Amnesty International Report 2016/17 result in human rights violations, according to women were killed; the equivalent figure for media reports. 2015 was 249, according to official records. EXCESSIVE USE OF FORCE AND HUMAN RIGHTS DEFENDERS EXTRAJUDICIAL EXECUTIONS In August, human rights defender Sonia Members of the security forces were accused Sánchez Pérez was acquitted of all charges. of human rights violations during operations Her trial resulted from a lawsuit filed by a to combat organized crime. In April, the private company accusing her of slander and Office of the Human Rights Ombudsman defamation because of her statements about reported that both the police and the military the environmental impact of the company’s had used excessive force and committed infrastructure project on her community. She extrajudicial killings while carrying out two had also denounced threats against her by security operations in 2015. The private security personnel. The company filed Ombudsman was also reported in the press an appeal against the decision. as stating that other similar cases were under investigation. MIGRANTS’ RIGHTS Many of those who sought to leave the WOMEN’S RIGHTS country were fleeing the effects of the Threats to women’s rights persisted. The total increasing control of criminal gangs over ban on abortion remained in place even for areas of the country and the impact this cases of rape or where there is a risk to the had on the rights to life, physical integrity, life of the woman. education and freedom of movement of In May, María Teresa Rivera was released local populations. after spending four years in prison, convicted LGBTI people were frequently targeted for of aggravated homicide after having a abuse, intimidation and violence because of miscarriage. The judge released María Teresa their sexual orientation and/or their gender Rivera after reviewing her sentence and ruled identity. In particular, transgender women, that there was insufficient evidence to who often face greater obstacles in accessing support the charges against her.1 More than justice because of discrimination, were 20 women remained in prison serving lengthy subjected to violence and extortion by gangs. sentences after suffering pregnancy-related Unable to seek protection or justice, some complications or obstetric emergencies. LGBTI people fled the country as the only In July, a new proposal filed by a group of way to escape the violence. parliamentarians from the main opposition Deportations of Salvadorans, especially party, the Nationalist Republican Alliance from Mexico, increased. However, El Salvador (ARENA), sought to increase prison terms did not put in place an effective protocol or from a maximum of eight years to up to a mechanism to identify and protect those who maximum of 50 years for having an abortion. were forcibly returned to the communities The reform had not been approved by the from which they had fled.3 end of the year.2 In October, parliamentarians belonging to IMPUNITY the ruling Farabundo Martί National El Salvador acceded to the Rome Statute of Liberation Front (FMLN) put forward a the International Criminal Court in March. proposal to decriminalize abortion in four In June, a monitoring compliance hearing circumstances, including when a woman’s relating to two cases of enforced life is at risk or when the pregnancy is a disappearance committed during the armed consequence of rape. The proposal remained conflict took place before the Inter-American pending at the end of the year. Court of Human Rights. In September, the There were high levels of gender-based Court rendered a judgment in one of the violence. In the period January to July, 338 cases, Contreras et al v El Salvador, and

Amnesty International Report 2016/17 151 requested that the state provide detailed and The rights to freedom of expression and of updated information about the criminal peaceful assembly were severely curtailed investigations and all the efforts made to ahead of presidential elections in April. identify and bring to justice those suspected Police used excessive force including of criminal responsibility for crimes under firearms against members of opposition international law and human rights violations. parties. Hundreds of political opponents In July, the Supreme Court declared the and others, including foreign nationals, 1993 Amnesty Law unconstitutional, an were arbitrarily arrested and held without important step forward for victims of past charge or trial for varying periods; several human rights violations seeking justice.4 were tortured. Four military officers who were the subject of a 2011 arrest warrant issued by a Spanish BACKGROUND judge for their involvement in the 1989 killing In April, incumbent President Obiang won of six Jesuit priests, their housekeeper and the presidential elections with 93.7% of the her daughter were reportedly arrested in votes cast. There were reports of electoral February. However, according to press fraud and numerous human rights violations reports, the Supreme Court denied the prior to the elections. Independent political extradition request in August. opposition parties boycotted the compilation In September, a court ordered the of the electoral register and the elections on reopening of the El Mozote case in which the grounds that both contravened electoral hundreds of civilians were executed by law. military officials in December 1981. During 2016, two former military officers FREEDOM OF EXPRESSION who served as ministers of defence during The right to freedom of expression was the armed conflict were deported from the suppressed. In January, police in Bata USA to El Salvador accused of human rights arbitrarily arrested Convergence for Social violations committed during the 1980s.5 Democracy members Anselmo Santos Ekoo and Urbano Elo Ntutum, for “disturbing the peace”, as they distributed leaflets and 1. El Salvador: Release of woman jailed after miscarriage, a victory for human rights (Press release, 20 May) announced a meeting of their opposition 2. El Salvador: Scandalous proposal to increase jail terms for women party. They were released without charge 10 accused of abortion (Press release, 12 July) days later. 3. Americas: Home sweet home? Honduras, Guatemala and El Salvador’s role in a deepening refugee crisis (AMR 01/4865/2016) FREEDOM OF ASSEMBLY 4. El Salvador rejects Amnesty Law in historic ruling (News story, 14 Between February and May, over 250 people July) were arrested for attending opposition parties’ 5. El Salvador debe abolir la Ley de Amnistía y enfrentar su sangriento meetings. All but four of those arrested were pasado (News story, 14 January) released without charge after being held for over a week. Members and sympathizers of the opposition party Citizens for Innovation EQUATORIAL (CI) were particularly targeted, as were relatives of the party’s Secretary-General, Gabriel Nze. Taxi drivers taking people to GUINEA meetings were also arrested. On 28 February, plain clothes security Republic of Equatorial Guinea Head of state and government: Teodoro Obiang personnel disrupted a CI meeting in Bata. CI Nguema Mbasogo members Leopoldo Obama Ndong, Manuel Esono Mia, Federico Nguema, Santiago Mangue Ndong and Jesús Nze Ndong were arrested and remained in detention without

152 Amnesty International Report 2016/17 charge at the end of the year. Over 40 others investigating court did not respond to a were arrested over the following days in Bata, habeas corpus application issued by their and at least 10 others in other towns. lawyer in March. However, in June, the In April, four days before the elections, investigating judge demanded a bribe of 10 some 140 people were arrested at Bata million CFA francs (€15,000) to release the airport as they welcomed CI’s Secretary- two men. In late November, they were General. Others were arrested later in their formally charged, tried and convicted of homes; they included Gabriel Nze’s sister revealing state secrets and sentenced to six and elder brother. Some detainees were held months’ imprisonment each, and were at Bata police station and others in Bata released as, by then, they had already been prison. All were released without charge over imprisoned for nine months. a week later. Several were tortured and otherwise ill-treated, including a man who RIGHT TO EDUCATION was made to lie on the floor while soldiers In July, the Ministry of Education issued an jumped on his hands. order calling for the expulsion of pregnant girls from school, justified by the Vice- EXCESSIVE USE OF FORCE Minister of Education as a means to reduce On 22 April, police used excessive force adolescent pregnancies. The measures came against CI members who had gathered into force on 19 September, the start of the peacefully in the party’s headquarters in school year. Malabo. At about 4am, police in helicopters and armed vehicles surrounded the headquarters and used tear gas and live ammunition to force the approximately 200 ERITREA party members out of the building. Four State of Eritrea people were injured by bullets and taken to Head of state and government: Isaias Afwerki hospital over 24 hours later, following the intervention of the US Ambassador. At least 23 people were arrested and taken to Black Thousands continued to leave the country, Beach prison where they were beaten. All many fleeing the indefinite national service. were released without charge on 30 April. The right of people to leave the country The police siege of the CI’s headquarters continued to be restricted. Restrictions on continued until 4 May. the right to freedom of expression and of religion remained. The security forces ARBITRARY ARREST AND DETENTIONS carried out unlawful killings. Arbitrary In February, police arbitrarily arrested Ernesto detention without charge or trial continued Mabale Eyang and Juan Antonio Mosuy to be the norm for thousands of prisoners of Eseng, respectively the son and nephew of conscience. the Secretary-General of the party Coalition of the Opposition for the Restoration of a BACKGROUND Democratic State. Juan Antonio Mosuy Eseng The change of currency affected the emailed his cousin a document allegedly livelihood of families. Under government signed by the Minister of National Security regulations, withdrawals from individuals’ ordering the arrest of exiled politicians. The bank accounts were limited to 5000 nakfa document had been published online the (US$290) a month. previous day. After a week at Malabo Central Between 12 and 14 June, armed clashes police station, they were transferred to Black erupted between the Eritrean and the Beach prison where they remained without Ethiopian military. Hundreds of combatants charge or trial and without access to their were reported to have been killed. Both lawyer for several months. The Malabo governments blamed each other for

Amnesty International Report 2016/17 153 provoking the conflict. Relations between the the military en route, they were detained two countries have remained tense since without charge until they paid exorbitant Ethiopia requested negotiations in advance of fines. The amount payable depended on the implementation of the Ethiopia/Eritrea factors such as the commanding officer Boundary Commission’s decision. making the arrest and the time of the year. People caught during national holidays to FORCED LABOUR – NATIONAL SERVICE commemorate independence were subject to The mandatory national service continued to higher fines. The amount was greater for be extended indefinitely despite the those attempting to cross the border with government’s promise in 2014 to end the Ethiopia. A “shoot-to-kill” policy remained in system of unlimited service. Significant place for anyone evading capture and numbers of national service conscripts attempting to cross the border into Ethiopia. remained in open-ended conscription, some Children close to conscription age caught for as long as 20 years. Although under the trying to leave were sent to Sawa National law the minimum conscription age was 18, in Service training camp. practice children continued to be subjected to military training under the requirement that UNLAWFUL KILLINGS they undergo grade 12 of secondary school Members of the security forces shot and at the Sawa National Service training camp. killed at least 11 people in the capital, There they faced harsh living conditions, Asmara, in April. The killings took place when military-style discipline and weapons training. several national service conscripts tried to Of 14,000 people who graduated from the escape while they were being transported in camp in July, 48% were women who an army truck. In addition to the conscripts, experienced particularly harsh treatment, bystanders were also killed, according to including sexual enslavement, torture and reports. The killings had not been other sexual abuse. investigated by the end of the year. Conscripts were paid low wages and had limited and arbitrarily granted leave PRISONERS OF CONSCIENCE allowances which, in many cases, disrupted Thousands of prisoners of conscience and family life. They served in the defence forces political prisoners, including former and were assigned to agriculture, politicians, journalists and practitioners of construction, teaching, the civil service and unauthorized religions, continued to be other roles. There was no provision for detained without charge or trial and lacked conscientious objection. access to lawyers or family members. Many Older people continued to be conscripted had been detained for well over a decade. into the “People’s Army”, where they were In June, the Foreign Minister announced given a weapon and assigned duties under that 21 politicians and journalists who were threat of punitive repercussions. Men of up to arrested in September 2001, were alive and 67 years of age were conscripted. would be tried “when the government decides”. He refused to disclose to their FREEDOM OF MOVEMENT families the prisoners’ whereabouts or the The right of people to leave the country was state of their health.1 They were detained restricted. The authorities continued to after they published an open letter to the prohibit those aged between five and 50 government and President Afwerki calling for years from travelling abroad and anyone reform and “democratic dialogue”. Eleven of attempting to leave through borders was them were former members of the Central subject to arbitrary detention. People seeking Council of the ruling party People’s Front for to leave for family reunification abroad were Democracy and Justice. They remained forced to travel via land borders in order to detained without trial at the end of the year. take flights from other countries. If caught by

154 Amnesty International Report 2016/17 On 1 January, amendments to the REFUGEES’ AND MIGRANTS’ RIGHTS Citizenship Law came into force. These allow Thousands of Eritreans continued to flee the children born to stateless parents to acquire country. UNHCR, the UN refugee agency, Estonian citizenship at birth automatically registered 17,147 asylum-seekers in 44 without application by a parent, as was countries between January and July alone. required previously. They also allow children They faced serious human rights abuses born in Estonia to hold citizenship of other while in transit and in destination countries. countries until age 18. Stateless children In one incident in May, Sudan deported aged under 15 residing in Estonia on 1 hundreds of migrants to Eritrea after arresting January 2016, and whose parents have lived them en route to the Libyan border. Eritreans in the country for at least five years, will also also risked arbitrary detention, abduction, receive Estonian citizenship. The sexual abuse and ill-treatment on their way to amendments did not include children aged Europe. 16 to 18 or those born outside the country to stateless residents of Estonia. INTERNATIONAL SCRUTINY Roma continued to suffer discrimination The UN-mandated Commission of Inquiry on across a range of economic and social rights, submitted its including lack of equal access to education, findings to the UN Human Rights Council in adequate housing and health care. The June. It concluded that the Eritrean failure of the government to collect and authorities were responsible for crimes monitor disaggregated socio-economic data against humanity committed since the on Roma and other vulnerable groups country’s independence in 1991 including hindered its ability to effectively address their enslavement, enforced disappearance, situation. arbitrary detention, torture, rape and murder. REFUGEES AND ASYLUM-SEEKERS The number of asylum applications remained 1. Eritrea: Immediately and unconditionally release prisoners of conscience (News story, 21 June) low compared to elsewhere in the EU; approximately 130 were received in the first nine months of 2016. The European Commission criticized the ESTONIA government for rejecting relocation requests by asylum-seekers without providing Republic of Estonia substantiated reasons or on unjustified Head of state: Kersti Kaljulaid (replaced Toomas Hendrik Ilves in October) grounds. Concerns were also raised about Head of government: Jüri Ratas (replaced Taavi Rõivas the strict conditions families were required to in November) meet before they could be considered for relocation under the EU relocation and Amendments to the Citizenship Law aimed resettlement scheme. By the end of the year, at reducing statelessness among children 66 people were relocated to Estonia. came into force in January, although it did In March, the government approved new not include those aged 16 to 18. The regulations allowing a 90km fence to be built number of asylum applications along its eastern border with Russia. remained low. RIGHTS OF LESBIAN, GAY, BISEXUAL, DISCRIMINATION – ETHNIC MINORITIES TRANSGENDER AND INTERSEX PEOPLE As of December, 79,597 people resident in On 1 January, the Cohabitation Act came into Estonia remained stateless – almost 6% of force, allowing unmarried, including same- the population. The vast majority were sex, couples to register their cohabitation and Russian speakers. have access to state benefits.

Amnesty International Report 2016/17 155 After the state of emergency was declared ETHIOPIA in October, protests subsided but human rights violations increased. 1 Federal Democratic Republic of Ethiopia Head of state: Mulatu Teshome Wirtu EXCESSIVE USE OF FORCE Head of government: Hailemariam Desalegn The security forces used excessive and lethal force against protesters. By the end of the Prolonged protests over political, economic, year, the security forces had killed at least social and cultural grievances were met 800 people since the protests began in with excessive and lethal force by police. November 2015.2 The crackdown on the political opposition On 6 and 7 August, for example, when an saw mass arbitrary arrests, torture and other open call to protest was made in Addis ill-treatment, unfair trials and violations of Ababa, government forces killed at least 100 the rights to freedom of expression and people. More than 1,000 protesters were association. On 9 October, the government arrested and taken to Awash Arba military announced a state of emergency, which led base, where they were beaten and forced to to further human rights violations. do strenuous exercise in hot weather. BACKGROUND FREEDOMS OF EXPRESSION In response to sustained protests in Oromia AND ASSEMBLY and Amhara regional states, the authorities The crackdown on human rights defenders, introduced reforms. However, these failed to independent media, journalists, bloggers, address the protesters’ grievances, including peaceful protesters as well as members and those relating to: economic, social and leaders of the political opposition intensified cultural rights; respect for the rule of law; and during the year, often using provisions of the the release of prisoners of conscience. 2009 Anti-Terrorism Proclamation (ATP).3 Protests in Oromia that began in The declaration of the state of emergency November 2015 against the signalled further restrictions on freedom of Master Plan, which would have expanded the expression, including intermittent blocking of capital at the expense of land owned by the internet. Oromo farmers, continued even after the Under the state of emergency, more than government cancelled the plan in January. 11,000 people were arrested and detained In late July, people in Amhara region without access to a lawyer, their family or a protested against the arbitrary arrest of judge. Among those arbitrarily arrested were members of the Wolqait Identity Amhara Self- Befeqadu Hailu, a member of the Zone-9 Determination Committee and demanded blogging group; Merera Gudina, Chair of the additional regional autonomy in accordance Oromo Federalist Congress (OFC); Anania with the Constitution. There was also a series Sorri and Daniel Shibeshi, members of the of protests for greater administrative former Unity for Democracy and Justice Party autonomy by the Konso community in (Andinet); and Elias Gebru, a journalist. Four Southern Nations Nationalities and Peoples members of the national NGO, the Ethiopian Region. Human Rights Council – Addisu Teferi, After at least 55 people were killed during Feqadu Negeri, Roman Waqweya and Bulti a stampede during the Oromo religious Tessema – were arrested in Neqmte, Oromia. festival of Irrecha on 2 October, allegedly caused by heavy-handed policing, activists UNFAIR TRIALS declared a “week of rage”. Some Political activists faced unfair trials on demonstrations turned violent, with protesters charges brought under the ATP, which burning and demolishing businesses and includes overly broad and vague definitions government buildings.

156 Amnesty International Report 2016/17 of terrorist acts punishable by up to 20 years those killed arrived to mourn and bury the in prison. dead, the Liyu police threatened to kill them. Political opposition leaders Gurmesa Ayano and Beqele Gerba, Deputy Chief of the OFC, HOUSING RIGHTS – FORCED EVICTIONS were among 22 defendants who faced an On 30 June, the government forcibly evicted unfair trial on charges brought under the ATP at least 3,000 residents deemed to be for their role in organizing the November “squatters” in Lafto Sub-City, Addis Ababa. 2015 Oromia protest. On 11 May, when they The residents were apparently offered no were due in court, the authorities refused to prior consultation or alternative housing and take them there because they were wearing were given only three days’ notice of eviction. black suits in mourning for people killed While the residents were meeting the local during the protests. For their next court administration to complain, the government appearance on 3 June, prison officials taskforce started to demolish their houses. brought the defendants to court in their The situation turned violent, resulting in the underpants. The defendants complained in death of the District Administrator and two court that they had been beaten in detention police officers. The police arrested all the and that prison officials had taken away their male residents and completed the demolition clothes. The court did not order an in subsequent days. investigation into their allegations of torture and other ill-treatment. 4 ABDUCTION OF CHILDREN Desta Dinka, Youth Coordinator for the The authorities failed to protect adequately OFC, was held in pre-trial detention from 23 people in Gambella Regional State from December 2015 until May, before he was repeated attacks by armed members of charged under the ATP. The court ordered Murle ethnic group based in neighbouring his detention pending trial. The law only South Sudan, during which hundreds of allows up to four months of pre-trial children were abducted. In February and detention. March, Murle fighters abducted a total of 26 Berhanu Tekleyared, Eyerusalem Tesfaw Anuwa children. In one incident on the night and Fikremariam Asmamaw were denied of 15 April, they attacked 13 Nuer villages in their right to present a defence during their Jikaw and Lare districts in Gambella, killing trial on terrorism-related charges. Despite 208 people and abducting 159 children. this, on 20 July they were found guilty. Ethiopian forces had rescued 91 abducted children by June. IMPUNITY The government rejected calls by the 1. Ethiopia: Draconian measures will escalate the deepening crisis UNHCR, the UN refugee agency, and the (News story, 18 October) African Commission on Human and Peoples’ 2. Ethiopia: After a year of protests, time to address grave human rights Rights for independent and impartial concerns (News story, 9 November) investigations of human rights violations 3. Ethiopia: End use of counter-terrorism law to persecute dissenters committed in the context of protests in and opposition members (News story, 2 June) various regional states. 4. Ethiopia: Detainees beaten and forced to appear before court inadequately dressed (News story, 3 June) EXTRAJUDICIAL EXECUTIONS The Liyu police, a special force in Somali Regional State in eastern Ethiopia, FIJI extrajudicially executed 21 people in Jamaa Dhuubed on 5 June. Fourteen were shot in Republic of Fiji the village’s mosque; seven were shot Head of state: Jioji Konousi Konrote elsewhere in the village. When relatives of Head of government: Josaia Voreqe Bainimarama

Amnesty International Report 2016/17 157 In March, Fiji ratified the UN Convention against Torture although reservations were TORTURE AND OTHER ILL-TREATMENT made, including on the definition of torture. Three police officers and two military officers Accountability for torture and other ill- were arrested and charged in November treatment was hindered by immunities 2015 with the sexual assault of Iowane enshrined in the Constitution and a lack of Benedito, who was tortured in 2012 (also political will to effectively prosecute cases. known as the YouTube case). The police Arbitrary restrictions on the right to freedom officers remained on bail pending hearing at of expression remained. Lack of disaster the end of 2016. response plans resulted in poorly co- In November, eight police officers and one ordinated, delayed or inequitable military officer were convicted of the rape of distribution of aid following Cyclone robbery suspect Vilikesa Soko in 2014 but no Winston. one was held to account for causing his death. BACKGROUND Rajneel Singh, who was kidnapped, On 20 and 21 February, Cyclone Winston hit beaten and burned in November 2015 after Fiji, causing 43 deaths and resulting in handing emails to the police, which allegedly 62,000 people displaced from their homes. disclosed unlawful activities, was again Lack of infrastructure, geographical assaulted in his home on 30 August by men remoteness, discrimination and poor co- in police uniforms.1 The police only ordination of aid distribution hindered efforts responded to his complaint after it had to reach those most in need. Shortage of received media attention. building materials meant that many people remained homeless six months later, without DISASTER RISK REDUCTION access to adequate housing. AND CLIMATE CHANGE The devastating impact of Cyclone Winston FREEDOMS OF EXPRESSION highlighted the vulnerability of Fiji to natural AND PEACEFUL ASSEMBLY disasters and climate change and their In June, Indigenous parliamentarian Tupou significant impact on human rights. Concerns Draunidalo was suspended for highlighting in were raised about the discriminatory Parliament the continued attempt to silence distribution of aid during the disaster and the government critics. On 7 September a three- failure to integrate the specific needs of day meeting in Pacific Harbour on the sugar groups such as women, children and people industry was cancelled by officials who said with disabilities into relief efforts. A significant that the civil society organizers did not have a number of people remained homeless or in permit. On 10 September, five people, temporary shelters, six months on from the including politicians, a union leader and an cyclone. academic, were arrested and detained in Suva for up to two days for holding a meeting 1. Fiji: Whistleblower attacked by men in uniform (News story, 1 to discuss the Constitution without a permit. September) Permits are not required in law for private meetings. Arbitrary restrictions remained which curtailed the right to freedom of expression, FINLAND and the media in particular. Journalists and Republic of Finland others were subject to harsh fines and Head of state: Sauli Niinistö imprisonment under the Constitution and Head of government: Juha Sipilä various laws for exercising their rights to freedom of expression and peaceful assembly.

158 Amnesty International Report 2016/17 Changes to the asylum procedure affected subjected to unnecessary medical asylum-seekers negatively. Support services procedures, without full informed consent. for women who experienced domestic violence remained inadequate. Legislation VIOLENCE AGAINST WOMEN AND GIRLS on legal gender recognition continued to Services for women who had experienced violate the rights of transgender people. violence remained inadequate and under- Draft constitutional changes limiting the resourced and varied significantly between right to privacy were proposed. municipalities. The number of shelters and their accessibility for women with disabilities REFUGEES AND ASYLUM-SEEKERS remained inadequate. Neither adequate In September, the right to free legal walk-in services nor long-term support representation in the asylum interview during services for survivors of violence were in the asylum procedure was restricted, limiting place. No co-ordinated national network of it to applicants with exceptional grounds for support services for survivors of sexual assistance. Deadlines for appeals were violence had been set up. reduced from 30 days to 21 days in the The definition of rape in the Criminal Code second instance, and to 14 days in the third failed to incorporate a lack of consent. instance. The changes increased the Mediation continued to be used widely in likelihood of asylum-seekers being forcibly cases of intimate partner violence. returned to countries where they might be at In September, the Ministry of Social Affairs risk of human rights violations (refoulement). and Health prepared a second draft decree Family reunification was restricted to those to create a body to co-ordinate work who had a secure income, set at an combating violence against women. unreasonably high threshold. Further administrative restrictions and practical RIGHT TO PRIVACY difficulties with the application procedure In October, a draft constitutional amendment adversely affected the ability of refugees and limiting the right to privacy was published. Its other recipients of international protection – aim was to enable the acquisition of including unaccompanied children – to enjoy information on threats to national security, by their right to family life. giving military and civilian intelligence The authorities continued to detain agencies permission to conduct unaccompanied children, and families with communications surveillance without any children based on their migration status. requirement for a link to a specific criminal There was no time limit on detaining families offence. with children. CONSCIENTIOUS OBJECTORS RIGHTS OF LESBIAN, GAY, BISEXUAL, Conscientious objectors to military service TRANSGENDER AND INTERSEX PEOPLE continued to be punished for refusing to Legislation on legal gender recognition undertake alternative civilian service, which continued to violate the rights of transgender remained punitive and discriminatory in individuals. Under the Act on Legal length. The duration of alternative civilian Recognition of the Gender of Transsexuals service was 347 days, more than double the (Trans Act), transgender people could obtain shortest military service period of 165 days. legal gender recognition only if they agreed to be sterilized, were diagnosed with a mental disorder, and were aged over 18. In April, the National Advisory Board on Social Welfare and Health Care Ethics raised concerns that intersex children were

Amnesty International Report 2016/17 159 On 10 June, the UN Committee against FRANCE Torture raised concerns regarding allegations of excessive use of force by police in the French Republic context of administrative searches conducted Head of state: François Hollande using the emergency powers, and called for Head of government: (replaced investigations into those allegations. Manuel Valls in December) Parliament also passed new legislation strengthening administrative and judicial In response to several violent attacks, the powers in the area of counter-terrorism. On 3 state of emergency was extended four times June, Parliament adopted a new law that during the year; emergency measures granted the Minister of the Interior power to restricted human rights disproportionately. use administrative control measures against In October, the authorities evicted an individuals allegedly returning from conflict informal settlement at Calais, where more areas who are deemed to constitute a threat than 6,500 migrants and asylum-seekers to public security. The law extended the lived. power of judicial authorities to authorize house searches at any time for the purposes COUNTER-TERROR AND SECURITY of investigating terrorism-related offences. Several violent attacks were committed The law also made the regular consultation during the year. On 13 June, a police officer of websites deemed to be inciting or glorifying and his partner were killed in their home in terrorism an offence unless those websites the Paris Region. On 14 July, 86 people were are consulted in good faith, for research killed in Nice by a man who deliberately purposes or other professional reasons with drove a truck into the crowd gathered to the aim of informing the general public. The celebrate France’s national holiday. On 26 vague definition of the offence increased the July, a priest was killed in his church near likelihood of the prosecution of individuals for in northwestern France. behaviour that falls within the scope of A week after the attack in Nice, Parliament legitimate exercise of freedom of expression voted to renew the state of emergency in and information. place since co-ordinated terrorist attacks on Paris in November 2015, until 26 January REFUGEES’ AND MIGRANTS’ RIGHTS 2017. On 15 December, Parliament voted to On 24 October the authorities began the extend it again until 15 July 2017. eviction of more than 6,500 migrants and The state of emergency gave the Ministry asylum-seekers living in the informal of the Interior and police exceptional powers settlement known as “The Jungle” in Calais, including the possibility to conduct house a process that took several days. Migrants searches with no judicial authorization and to and asylum-seekers were relocated in submit individuals to administrative control reception centres throughout France where measures to restrict their liberty on grounds they were given information regarding asylum of vague evidence falling below the threshold procedures. The authorities failed to required for criminal prosecution.1 genuinely consult migrants and asylum- Using these powers, the authorities seekers or provide them with adequate conducted more than 4,000 house searches information prior to the eviction. without judicial authorization and subjected Civil society organizations raised concerns more than 400 individuals to assigned regarding the process for the approximately residence orders. As of 22 November, the 1,600 unaccompanied minors in the camp. orders applied to 95 individuals. Emergency Their situation was to be assessed jointly by measures disproportionately restricted French and UK authorities in view of their freedom of movement and the right to best interests and/or possible transfer to the private life. UK to be reunited with their family. The

160 Amnesty International Report 2016/17 authorities did not have the capacity to unable to ensure public order. Dozens of register all of the minors, and some were demonstrations were banned and hundreds allegedly turned away on the grounds of of individuals were subjected to presumed age without undergoing a thorough administrative measures, restricting their assessment. On 2 November the UN freedom of movement and preventing them Committee on the Rights of the Child raised from attending demonstrations. concerns over minors in Calais who were left On several occasions, police used without adequate shelter, food and medical excessive force against protesters, including services during the eviction operation. As of by using tear gas grenades, charging at them mid-November, about 330 minors had been violently and using rubber bullets and sting transferred to the UK. ball grenades that left hundreds injured. Due to the lack of reception capacity and resources to register asylum applications in DISCRIMINATION the Paris region, more than 3,800 asylum- Roma people continued to be forcibly evicted seekers lived in degrading conditions and from informal settlements without being slept rough for months in the 19th district of genuinely consulted or offered alternative Paris until the authorities transferred them to housing. According to civil society reception centres on 3 November. organizations, 4,615 individuals were forcibly On 29 November, authorities rejected the evicted in the first six months of the year. On asylum application of a man from the war- 13 July, the UN Committee on Economic, torn region of South Kordofan and forcibly Social and Cultural Rights called on the returned him to Sudan despite the risk of authorities to provide adequate notice and being persecuted. On 20 November, information as well as rehousing options to all authorities released another Sudanese man those affected by an eviction. from Darfur who was at risk of being In October, Parliament adopted a law on forcibly returned. legal gender recognition for transgender The government pledged to accept 6,000 people. The law established a procedure refugees under the EU-Turkey migration which allows transgender people to seek legal control deal and to resettle 3,000 refugees recognition of their gender without fulfilling from Lebanon. any medical requirements. However, it still On 9 December the Council of State, the imposes on transgender people some highest administrative court, rejected the requirements including a name change decree signed by the Prime Minister in or a physical appearance in line with September 2015 that authorized the gender identity. extradition of Moukhtar Abliazov, a Kazakh Several mayors adopted measures to citizen, to Russia for financial offences as the restrict the wearing of beachwear deemed extradition request had been motivated by incompatible with hygiene and with the political reasons. principles of secularism and maintenance of public order. In particular, authorities sought FREEDOM OF ASSEMBLY to ban the wearing of full-covering beachwear Frequent demonstrations took place between also known as the “burkini”. On 26 August, March and September to protest against the the Council of State suspended the measure government-backed proposal to reform the in Villeneuve-Loubet in southern France, Labour Code, which was adopted in July. A deeming it not necessary to ensure minority of demonstrators engaged in violent public order. acts and clashed with police. Since the fourth renewal of the state of CORPORATE ACCOUNTABILITY emergency in July, the authorities were On 29 November the National Assembly expressly permitted to ban public adopted a bill imposing a duty on certain demonstrations by claiming that they were large French companies to implement a

Amnesty International Report 2016/17 161 “vigilance plan” to prevent serious human 1 December. President Jammeh rejected the rights abuses and environmental damage in election results on 9 December. On 13 relation to their own activities and those of December, security forces evicted the subsidiaries and other established business Independent Electoral Commission chairman relations, and subjecting them to fines for and his staff from their headquarters. On the non-compliance. In addition, any inadequacy same day, President Jammeh’s party, the in the plan which leads to human rights Alliance for Patriotic Reorientation and abuses could be used by victims to claim Construction (APRC), filed a challenge to the damages against the company before a election results in the Supreme Court. French court. At the end of the year, the bill Hearing the case would have required was pending before the Senate. President Jammeh to appoint new judges; therefore the Gambian Bar Association ARMS TRADE described the appeal as “fundamentally In June a Palestinian family lodged a tainted”. His refusal to accept the election complaint against French company Exxelia results was widely condemned internationally, Technologies for complicity in manslaughter including by the UN Security Council, the AU and war crimes in Gaza. In 2014, three of the and ECOWAS. family’s sons were killed by a missile fired at their house in Gaza City by Israeli forces. FREEDOM OF EXPRESSION According to subsequent investigations, a Restrictive laws continued to curb the right to component of the missile had been freedom of expression. They included laws manufactured by Exxelia Technologies. banning criticism of officials, laws prohibiting France remained the fourth largest arms the publication of false news and colonial-era exporter in the world, selling to countries laws on sedition. Journalists operated in a including Saudi Arabia and Egypt. climate of self-censorship following past crackdowns on media workers and human rights defenders. 1. Upturned lives: The disproportionate impact of France’s state of emergency (EUR 21/3364/2016) In December 2015 the UN Working Group on Arbitrary Detention stated that journalist Alagie Abdoulie Ceesay, Managing Director of the independent radio station Teranga FM, GAMBIA had been arbitrarily deprived of liberty since his arrest in July 2015 on charges of sedition. Islamic Republic of The Working Group called for his immediate Head of state and government: Yahya Jammeh release, compensation and an investigation by the UN Special Rapporteur on torture. Restrictive laws continued to curb the right In April, Alagie Abdoulie Ceesay escaped to freedom of expression. Peaceful protests from custody. were violently repressed, and arrested On 8 November, Momodou Sabally, demonstrators were subjected to torture and Director of the Gambia Radio and Television other ill-treatment. At least three Services, and reporter Bakary Fatty, were government critics died in custody, arrested by agents from the National including one tortured to death shortly after Intelligence Agency (NIA). Bakary Fatty arrest. At least five men arrested in 2015 remained in detention without charge and remained subject to enforced with no access to his family or a lawyer. disappearance. Momodou Sabally was recharged for various economic offences which had previously BACKGROUND been dropped in 2015. The two men Adama Barrow, the opposition coalition appeared to have been arrested after airing candidate, won presidential elections held on

162 Amnesty International Report 2016/17 footage of an opposition candidate’s arrested along with other protesters and nomination. bystanders. On 20 July, 19 people, including On 10 November, Alhagie Manka, an Ousainou Darboe, were sentenced to three independent photojournalist, and Yunus years’ imprisonment for participating in an Salieu, a journalist at the Observer, were both unauthorized protest and related offences. arrested after filming supporters of the They were released on bail pending appeal President. Yunus Salieu was released without on 5 December. charge the following day, and On 9 May, around 40 protesters were Alhagie Manka was released without charge arrested as they made their way towards on 16 November. Westfield, a suburb of , after the court In October, the ECOWAS Community Court hearing of Ousainou Darboe and others. of Justice heard a case brought by the Protesters were stopped by the Police Federation of African Journalists and four Intervention Unit (PIU) who beat them. Some exiled Gambian journalists, challenging the protesters threw stones in reaction and draconian press laws and claiming that the several people, including a PIU officer, were measures adopted in enforcing these laws injured. Fourteen people were on trial at the violated the rights of journalists, including the end of the year following this protest. Two right to freedom from torture. women were granted bail in May and the remaining twelve men were granted bail on FREEDOM OF ASSEMBLY 6 December. Peaceful protests were violently repressed Campaign rallies were permitted during and protesters arrested. the official two-week election campaign On 14 April, members of the opposition period before 30 November, with thousands United Democratic Party (UDP) and youth of Gambians taking part peacefully. groups demonstrated peacefully in Serrekunda in favour of electoral reform. TORTURE AND OTHER ILL-TREATMENT Police dispersed the protest violently and Those arrested during the April protests were arrested several people. Some of those subjected to torture and other ill-treatment. arrested were seriously injured and one Among them was businesswoman Nogoi man – Solo Sandeng, UDP Organizing Njie, who stated in an affidavit filed at the Secretary – died in custody shortly after his High Court that she had been beaten with arrest. hosepipes and batons by men wearing black Twenty-five of those arrested were hoods and gloves while water was poured eventually charged and detained in Mile 2 over her at the headquarters of the National Prison in the capital Banjul. Thirteen were Intelligence Agency (NIA) in Banjul. She also later released and 12 were moved to stated that she had seen Solo Sandeng there; Janjanbureh Prison. On 21 July, 11 people his beaten body was swollen and bleeding were convicted of participating in an and she feared he was dead. unauthorized protest and related offences On 13 June, the authorities admitted in and sentenced to three years’ imprisonment. their response to a habeas corpus application They were released on bail pending appeal that Solo Sandeng had died during his arrest on 8 December. and detention and that an inquiry had been On 16 April, UDP members gathered launched. No further information had been peacefully in Banjul outside the house of made publicly available by the end of UDP leader Ousainou Darboe, calling for the year. justice for Solo Sandeng’s death and the release of arrested UDP members. Police DEATHS IN CUSTODY fired tear gas at the demonstrators and beat On 21 February, trade union leader Sheriff them with batons. Several UDP executive Dibba, Secretary-General of the Gambian members, including Ousainou Darboe, were National Transport Control Association

Amnesty International Report 2016/17 163 (GNTCA), died at a medical facility in Banjul. Ousman Jammeh, former Deputy Minister He had fallen ill in police custody, but had of Agriculture, also continued to be subject to not received prompt medical attention. enforced disappearance. He was removed According to the International Transport from his post and arrested in October 2015, Workers’ Federation (ITF), Sheriff Dibba and and reportedly detained at the NIA eight other GNTCA leaders had been arrested headquarters for several days before being after the union called on the authorities to transferred to Mile 2 Prison. However, neither reduce the price of fuel. The ITF filed a case his family nor his lawyer had any contact with against the Gambian government at the him and the authorities provided no International Labour Organization (ILO) information about his whereabouts or the concerning Sheriff Dibba’s death and the reason for his arrest. “punitive measures” taken against the Omar Malleh Jabang, a businessman and GNTCA, whose activities were suspended by opposition supporter, was taken away by men presidential order. Sheriff Dibba’s family had in plain clothes on 10 November and had not not been given his autopsy results and no been seen since, despite requests made to investigation into his death had been initiated the authorities. by the end of the year. On 1 September Sarjo Jallow was On 21 August, Ebrima Solo Krummah, a dismissed as Deputy Minister of Foreign senior UDP member arrested on 9 May and Affairs. From 2 September his family and detained at Mile 2 Prison, died after surgery lawyers were unable to contact him, although in hospital. There were allegations that he they were told unofficially that he was had been refused medical care in detention. detained at the NIA headquarters. His wife No information as to the cause of death was was a vocal supporter of the UDP. On 10 made public and no inquiry into the death October lawyers filed an application for his was announced by the end of the year. release from NIA custody; he was not released by the end of the year. ENFORCED DISAPPEARANCES, ARBITRARY DETENTIONS AND CHILDREN’S RIGHTS INCOMMUNICADO DETENTION In July, Gambia passed a law banning child Three Imams arrested in 2015 remained marriage (a marriage of anyone under 18 subject to enforced disappearance. Alhagi years old). The offence is punishable by up to Ousman Sawaneh, Imam of Kanifing South, 20 years’ imprisonment for any adult involved was arrested on 18 October 2015 by men in in arranging a child marriage, including the plain clothes. He was reportedly detained child’s husband and parents. According to because he had petitioned the President for the UN, 40% of women aged 20 to 49 in the release of Haruna Gassama, President of Gambia were married before the age of 18, the Rice Farmers’ Cooperative Society, who while 16% married before they turned 15. had at the time been in NIA custody for six months without charge. Two other Imams – Sheikh Omar Colley and Imam Gassama – were arrested in October and November GEORGIA 2015, allegedly for the same reason. Georgia The three Imams were believed to be held Head of state: Giorgi Margvelashvili incommunicado in Janjanbureh Prison, but Head of government: Giorgi Kvirikashvili despite repeated requests from their families the authorities did not confirm their Concerns persisted about the lack of whereabouts. On 21 March 2016 the High judicial independence and about political Court in Banjul ordered the release of Imam interference following a series of favourable Sawaneh following a habeas corpus rulings for the government in high-profile application, but the court order was ignored. cases. New cases of torture and other ill-

164 Amnesty International Report 2016/17 treatment by police were reported. detention or give custodial sentences to Continuing border fencing along the members of the UNM compared with bail administrative boundary lines of the and fines issued to pro-government activists breakaway regions of Abkhazia and South in comparable cases. Ossetia had further negative impact on On 16 May, five former senior Ministry of economic and social rights of local Defence officials (appointed by former residents. Minister of Defence Irakli Alasania, who had since become a key political opposition BACKGROUND figure), were convicted of “misusing” GEL 4.1 Parliamentary elections on 8 October resulted million (US$2.1 million) by the Tbilisi City in the ruling party – the – Court and sentenced to seven years’ increasing its majority to 115 seats. The main imprisonment each. They were found guilty opposition party – United National Movement despite the prosecution’s failure to provide (UNM) – gained 27 seats and the right-wing sufficient evidence of “malicious intent”, a conservative party – Patriot’s Alliance – six. necessary element of the crime they were Secretly recorded private conversations charged with. and intimate activities by opposition figures On 10 June, the Tbilisi Court of Appeals and journalists were leaked ahead of upheld the 2015 ruling of the lower court, elections. Five people, including a former which transferred the ownership of the pro- security official, were arrested on suspicion of opposition broadcaster, Rustavi 2, to its being responsible for illegally obtaining the former owner. He had claimed that he sold recordings. The investigation was ongoing at the company more than a decade earlier the end of 2016. under pressure from the then UNM De facto authorities and Russian forces in government. The litigation took place after the breakaway regions of Abkhazia and South the statute of limitations had expired, and Ossetia continued to restrict movement was widely believed to have been supported across the administrative boundary line, by the current government with a view to detaining dozens of people: several detainees depriving the UNM of its main mouthpiece complained of torture and other ill-treatment, ahead of the parliamentary elections. including beatings, during the prolonged On 14 June, the European Court of arbitrary detentions. On 19 May, a man was Human Rights ruled in Merabishvili v Georgia killed by a Russian soldier while trying to that the repeated extension of the applicant’s cross into Abkhazia. An investigation into his pre-trial detention on corruption charges death by the de facto authorities was ongoing “lacked reasonableness” and was used “as at the end of the year. an additional opportunity to obtain leverage The increased fencing along the over the unrelated investigation” into the administrative boundary lines negatively death of former Prime Minister Zurab impacted the rights to work, food and Zhvania and financial activities of former adequate standard of living of local residents, President Mikheil Saakashvili. after they lost access, partly or completely, to On 21 July, the Chairman of the their orchards, pasture and arable land. Constitutional Court stated that some judges of the Court were pressured by the authorities JUSTICE SYSTEM to delay verdicts or rule in their favour in Concerns over the lack of judicial several high-profile cases. Prosecutors independence and selective justice were opened an investigation into his allegations raised, by both local and international on 1 August. observers. On 12 January, the Council of Europe FREEDOM OF ASSEMBLY Commissioner for Human Rights reported The right to freedom of peaceful assembly that courts were more likely to approve remained largely unrestricted, bar some

Amnesty International Report 2016/17 165 incidents of politically motivated violence against rivals by Georgian Dream party TORTURE AND OTHER ILL-TREATMENT loyalists, but also on occasion by UNM Amid concerns about torture and other ill- supporters. treatment, and other abuses, by law On 22 May, around a dozen unidentified enforcement officers, the government failed men assaulted a group of prominent UNM to bring forward legislation creating an members at a polling station in Kortskheli independent investigation mechanism for village. Eyewitnesses said the attack human rights violations committed by law appeared to be organized. Footage shows enforcement bodies. UNM members being punched, knocked to On 7 August, a local police inspector the ground and beaten with wooden batons. summoned Demur Sturua, a 22-year-old Several police officers at the scene failed to resident of Dapnari, Western Georgia, for prevent the assault and allowed the attackers questioning about someone growing to leave the scene. On 1 June, six men were cannabis in the village. The following day, charged with hooliganism in connection with Demur Sturua committed suicide. His suicide the attack and released on bail. note blamed the police inspector and mentioned beating and threats. His family’s FREEDOM OF EXPRESSION lawyer said that a postmortem examination On 15 February, Parliament dropped a bill found physical injuries. The investigation into that sought to make “insulting religious the case was ongoing at the end of the year. feelings” an administrative offence. The bill There were subsequent media reports that had been approved by the parliamentary residents in remote villages, who may have Human Rights Committee and sought, suffered similar treatment at the hands of among other things, to penalize criticism of police officials, were not willing to present a religious leaders. complaint for fear of reprisals and lack of trust in the authorities. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE On 9 August, President Margvelashvili refused to call a referendum on a GERMANY constitutional amendment to restrict the Federal Republic of Germany definition of marriage in the Constitution from Head of state: Joachim Gauck “the voluntary union based on equality Head of government: Angela Merkel between the spouses” to “a union between a man and a woman”. The bill originally calling The authorities made considerable efforts to for the constitutional amendment had been house and process the large number of endorsed by the parliamentary Human Rights asylum-seekers who arrived in 2015. Committee in May. However, the government also adopted On 23 November, a transgender woman, several laws to restrict the rights of asylum- attacked and beaten by two men, died of her seekers and refugees, including on family injuries in hospital. A local women’s rights reunification. The number of racist and NGO reported registering at least 35 attacks xenophobic attacks on asylum shelters on LGBTI women during the year. The Public remained high and the authorities failed to Defender Office joined local rights groups in adopt effective strategies to prevent them. raising concerns regarding the lack of effective investigation and accountability over REFUGEES AND ASYLUM-SEEKERS crimes targeting LGBTI people. The number of new asylum-seekers decreased considerably compared to 2015. The government registered approximately

166 Amnesty International Report 2016/17 304,900 arrivals between January and Italy. As part of the EU-Turkey Deal, Germany November compared with 890,000 in 2015. accepted the transfer of 1,060 Syrian The authorities improved their capacity to refugees from Turkey. Despite the worsening process asylum applications throughout the security situation in Afghanistan, authorities year. Between January and November, forcibly returned more than 60 Afghan approximately 702,490 individuals, many of nationals whose asylum applications had whom had arrived in Germany the previous been rejected. In 2015, fewer than 10 year, claimed asylum. The authorities made a unsuccessful Afghan asylum-seekers were decision in about 615,520 cases. The rate at forcibly returned. which Syrians, Iraqis and Afghans received full refugee status decreased compared TORTURE AND OTHER ILL-TREATMENT with the previous year; more individuals were The authorities continued to fail to effectively granted subsidiary protection and fewer investigate allegations of ill-treatment by the received full refugee status. The former police and did not establish any independent status granted fewer rights, including with complaints mechanism to investigate those respect to family reunification. Between allegations. January and November, 59% of Syrian At the end of the year, the governments of applicants obtained full refugee status North-Rheine Westphalia and Sachsen compared with 99.6% in the same period Anhalt were planning to introduce the of 2015. obligation for police officers to wear identity In March, new amendments to asylum badges while on duty. laws entered into force. The right to family The Joint Commission of the National reunification for individuals with subsidiary Agency for the Prevention of Torture – protection status was suspended until March Germany’s preventive mechanism under the 2018. A new fast-track procedure for Optional Protocol to the UN Convention assessing asylum applications from a variety against Torture – remained understaffed and of categories of applicants, including asylum- underfinanced. seekers from countries deemed to be “safe”, In April, the Hannover Prosecution Office was introduced without providing for closed the investigation into allegations of ill- sufficient guarantees to ensure access to a treatment by a federal police officer against fair asylum procedure. At the end of the year, two Afghan and Moroccan refugees in the a law defining Algeria, Morocco and Tunisia holding cells of the federal police at as “safe” countries of origin was pending Hannover’s main train station in 2014. In before the Federal Council. The new fast- September, the Celle Upper Regional Court track procedure had not been implemented rejected the request introduced by one of the by the end of the year. victims to reopen the investigation. In May, Parliament passed the first ever law on integration for refugees and asylum- DISCRIMINATION seekers. The law aimed at creating The second Committee of Inquiry, employment and educational opportunities established by Parliament in October 2015, for refugees and imposed on them the pursued its investigation into some of the obligation to follow integration courses. It also authorities’ failures to investigate the racist allowed authorities of the federal states to and xenophobic crimes perpetrated against impose restrictions on where refugees could members of ethnic minorities by the far-right reside, tightened conditions for issuing group National Socialist Underground residence permits and introduced new between 2000 and 2007. No official inquiry benefit cuts for those not complying with the was launched into the potential role of new rules. institutional racism behind those failures, Until 19 December, Germany relocated despite the 2015 recommendations of the 640 refugees from Greece and 455 from UN Committee on the Elimination of Racial

Amnesty International Report 2016/17 167 Discrimination and the Council of Europe shipment controls to improve the monitoring Commissioner for Human Rights. of German exports of war weapons and Dozens of anti-refugee and anti-Muslim specific types of firearms to ensure demonstrations were staged throughout the compliance with end-use certificates and that country. In the first nine months of the year, they were not used to commit human rights authorities registered 813 crimes against violations. Under these controls, the asylum shelters. In the same period, 1,803 whereabouts of exported war weapons would crimes against asylum-seekers were be checked post-shipment in the recipient registered by the authorities, 254 of them countries. Governments receiving German resulted in bodily injuries. The authorities military equipment would have to declare in failed to put in place an adequate an end-use statement that they agree to on- national strategy to prevent attacks on the-spot controls. Such end-use statements asylum shelters. were signed for at least four licensed small Civil society organizations continued to arms exports. The government was report discriminatory identity checks by implementing the first pilot phase of the new police on members of ethnic and mechanism at the end of the year. religious minorities. In June, the Federal Court of Justice CORPORATE ACCOUNTABILITY rejected the request of an intersex person to In August, the Regional Court of Dortmund be legally registered according to a third accepted to exercise jurisdiction over a legal gender option. The applicant’s appeal was claim brought in 2015 by four Pakistani pending before the Federal Constitutional victims against the German clothing retailer Court at the end of the year. KiK and granted them legal aid. In September 2012, 260 workers died and 32 COUNTER-TERROR AND SECURITY were seriously injured in a fire that destroyed In October, Parliament passed a new law on one of the main textile factories in Pakistan surveillance that granted the Federal supplying KiK. Intelligence Service broad powers to subject In December, the government adopted a non-EU citizens to surveillance without National Action Plan to implement the UN effective judicial oversight and for a wide Guiding Principles on Business and Human range of purposes, including national Rights. However, the Plan did not include security. In August, several UN special adequate measures to comply with all procedures, including the Special Rapporteur standards set out in the Principles and did on freedom of expression, expressed concern not ensure that German business enterprises regarding the negative impact of the law on exercise due diligence to respect human freedom of expression and the lack of judicial rights. oversight. In April, the Federal Constitutional Court ruled that some of the surveillance powers of the Federal Criminal Police Office, which had GHANA been introduced in 2009 to counteract Republic of Ghana terrorism and crimes more generally, were Head of state and government: John Dramani Mahama unconstitutional. In particular, some of the measures did not ensure the respect of the right to privacy. Those provisions remained in Concerns were raised about the rights of force pending their amendment. women and children, discrimination against people with disabilities, and legal ARMS TRADE shortcomings in relation to human rights In March, the government put in place the protection. Lesbian, gay, bisexual, necessary legal framework for selective post- transgender and intersex (LGBTI) people

168 Amnesty International Report 2016/17 continued to face discrimination, violence and police harassment. Death sentences CHILDREN’S RIGHTS were handed down. The Human Rights Committee and civil society organizations remained concerned at BACKGROUND the persistence of child labour. The In June, Ghana’s human rights record was Committee called for investigations into the reviewed for the first time by the UN Human worst forms of child labour and better public Rights Committee to assess compliance with sensitization campaigns on the issue. its obligations under the ICCPR. In September, Ghana ratified the Optional EXCESSIVE USE OF FORCE Protocol to the UN Convention against The Human Rights Committee recommended Torture, which establishes a system of regular that Ghana establish an independent visits to places of detention as a measure to mechanism to investigate alleged misconduct protect detainees and prisoners from torture by police officers, as well as measures to or other ill-treatment. General elections took ensure that its law and practice comply with place in December; Nana Akufo-Addo of the the Basic Principles on the Use of Force and New Patriotic Party was elected President. Firearms by Law Enforcement Officials. FREEDOM OF EXPRESSION RIGHT TO HEALTH In February, the Interception of Postal The Human Rights Committee raised Packets and Telecommunication Messages concern at the stigmatization and Bill (2015) was put before Parliament. It discrimination faced by people with proposes the interception of all disabilities, which it cited as major communications for the undefined purposes contributing factors to the inadequate of “protecting national security” and “fighting treatment of patients with mental health crime generally”. Civil society raised illness and the poor conditions at public concerns that the lack of clear definition psychiatric institutions. It also expressed would give authorities wide discretion to concern at the hundreds of unregistered intercept communications, and said that the private “prayer camps” to deal with illness, bill lacked sufficient safeguards. particularly mental illness, which operated The Human Rights Committee stated that with little oversight and no state regulation. It Ghana should expedite the enactment of the noted reports regarding the use of torture and Right to Information Bill and ensure that its other ill-treatment in such camps, including provisions conform to the ICCPR. shackling and forced fasting. WOMEN’S RIGHTS RIGHTS OF LESBIAN, GAY, BISEXUAL, The Human Rights Committee raised TRANSGENDER AND INTERSEX PEOPLE concerns about legislative provisions that Consensual same-sex relations between men discriminate against women in relation to remained a criminal offence. Local property ownership, access to formal credit organizations reported that LGBTI people and inheritance. It noted delays in the continued to face police harassment as well adoption of the Property Rights of Spouses as discrimination, violence and instances of Bill, which was put forward in 2013. It made blackmail in the wider community. recommendations concerning domestic violence, including further legislation to DEATH PENALTY enhance implementation of the Domestic Courts continued to hand down death Violence Act 2007, increased social services sentences, although the last execution was in and shelters for survivors of domestic 1993. Ghana retains the mandatory death violence, and improved investigation and penalty for some offences despite the Human prosecution of cases. Rights Committee’s condemnation of

Amnesty International Report 2016/17 169 mandatory death sentences. The main death sea in Greece. More than 434 people died or row facility for men remained overcrowded were reported missing while trying to cross and inmates continued to be denied access the Aegean Sea. There were around 47,400 to activities such as sport and education. refugees, asylum-seekers and migrants on Proposals made by the Constitutional the mainland and 15,384 on the islands. Review Implementation Committee to abolish the death penalty continued to be stalled as a The EU-Turkey migration deal result of delays in the constitutional review On 18 March 2016, the EU and Turkey process. agreed to a far-reaching migration control deal under which Turkey agreed to take back all “irregular migrants” arriving on the Greek islands after 20 March, in exchange for €6 GREECE billion of targeted assistance. While people Hellenic Republic were formally guaranteed access to an Head of state: Prokopis Pavlopoulos asylum determination process, the deal Head of government: Alexis Tsipras allowed for those arriving on the Greek islands via Turkey to be returned to Turkey Greece faced considerable challenges in without a substantive examination of their providing adequate reception conditions claims. This was based on the premise that and access to asylum procedures for Turkey was a “safe third country”. Research refugees, asylum-seekers and migrants during the year established that Turkey was following the announcement of the EU- not a safe country for asylum-seekers and Turkey migration deal. There was evidence refugees. The numbers arriving dropped that at least eight Syrian refugees were sharply after 20 March, and by the end of forcibly returned to Turkey. The closure of the year, an average of 50 people were the Balkans route left thousands of arriving daily. refugees, asylum-seekers and migrants Between May and June, dozens of asylum stranded in mainland Greece in poor applications lodged by refugees from Syria conditions. Allegations of torture and other which were refused on “safe third country” ill-treatment by members of the security grounds, were upheld on appeal. In June, forces during arrest and/or detention Parliament adopted an amendment that continued. In December, new legislation changed the composition of the Asylum established a national police complaints Appeals Committees (Appeals Committees) mechanism. panel to include two judges and a person nominated by UNHCR, the UN refugee BACKGROUND agency, or the National Commission of Parliament adopted further austerity Human Rights. measures including tax rises, pension cuts During the same month, two Syrians who and the transfer of state assets to a had arrived in Greece via Turkey were the privatization fund. In February, the UN first to be at imminent risk of forcible return Independent Expert on the effects of foreign to Turkey after the Appeals Committees debt concluded that austerity measures rejected their appeals on “safe third country” implemented since 2010 contributed grounds. In October, a third Syrian refugee significantly to the widespread erosion of was threatened with forcible return to Turkey social and economic rights and pervasive after he was detained when his asylum poverty in Greece. appeal was dismissed by an Appeals Committee, on the same grounds. In REFUGEES’ AND MIGRANTS’ RIGHTS November, the Council of State heard a By the end of the year, 173,450 refugees, petition which challenged the rejection of his asylum-seekers and migrants had arrived by asylum appeal on safe third-country grounds;

170 Amnesty International Report 2016/17 and the constitutionality of the composition of end of the year, 23,047 relocation applicants, the Appeals Committees. It had not ruled on particularly vulnerable asylum-seekers and the case by the end of the year. unaccompanied children, were provided with There was evidence that at least eight accommodation through a project run by Syrian refugees were forcibly returned to UNHCR, the UN refugee agency. Turkey. They had registered their intention to By the end of the year, only 7,286 asylum- claim asylum but were returned from Kos on seekers had been relocated from Greece to 20 October before they could lodge their other European countries, while the total applications. number of places pledged was 66,400. Reception conditions for refugees, asylum- seekers and migrants stranded on the islands Access to asylum were overcrowded and insanitary; they Those seeking access to asylum procedures provided inadequate security and people met with serious obstacles including being faced uncertainty about their future. This unable to lodge their asylum requests fuelled tension that occasionally erupted into through or only after repeated violence, including riots in the Lesvos, Chios attempts. In June, the Greek Asylum Service and Leros “hotspots”. carried out a large scale pre-registration programme of applications for international Detention of asylum-seekers and migrants protection in mainland Greece. In July, the In April, thousands of people who arrived on authorities announced that they had pre- the islands after the implementation of the registered 27,592 people, including 3,481 EU-Turkey migration deal, were detained belonging to vulnerable groups. arbitrarily. Although the most vulnerable were soon released and the vast majority of Right to education asylum-seekers were gradually allowed to In August, Parliament adopted a legislative move freely in and out of the “hotspots”, a provision for the creation of special classes large number of people were not permitted to for school-age children. In October, around leave the island of arrival until their asylum 580 school-age refugees, asylum-seekers applications were examined. and migrants began classes in the capital Athens and Thessaloniki. There were reports The closure of the Balkan route of xenophobic incidents including parents In March, the closure of the Greek border refusing to accept the children in schools in with Macedonia resulted in thousands of Oreokastro and Lesvos. refugees, asylum-seekers and migrants left stranded on mainland Greece (see CONSCIENTIOUS OBJECTORS Macedonia entry). Thousands stayed in the In September, Greece was found in breach of large informal camps in Idomeni and Piraeus Article 9 of the European Convention on in dire conditions. Others found shelter in Human Rights (in the Papavasilakis v Greece official refugee camps that were being set up case) for failing to ensure that conscientious across the country. Between May and July, objectors’ interviews with the Special Board the Greek authorities evacuated the camps of met procedural efficiency and equal Polykastro, Idomeni and Piraeus ports. representation standards. The Special Board Conditions in the majority of official examines requests for alternative civilian refugee camps around mainland Greece service. were inadequate for hosting individuals even The same month, the Greek government for a few days. The camps, hosting around rejected recommendations by the UN 20,000 at the end of the year, were either Human Rights Council to establish an tented or established in abandoned alternative to military service which was not warehouses and some were in remote areas punitive or discriminatory and to ensure that far from hospitals and other services. By the

Amnesty International Report 2016/17 171 conscientious objectors do not face concerning prisoners in Larissa, Thessaloniki, harassment or prosecution. Trikala and Komotini. TORTURE AND OTHER ILL-TREATMENT DISCRIMINATION - ROMA Allegations of torture or other ill-treatment of In August, the UN Committee on the individuals, including refugees, asylum- Elimination of Racial Discrimination seekers and migrants during arrest or in expressed concern about the situation of immigration detention, persisted. Roma in Greece including the obstacles they On 27 September, five Syrian boys, aged faced in accessing basic services such as between 12 and 16, were stopped by the education and housing; and being subjected police in central Athens while they were to frequent identity checks and police carrying toy guns as props on their way to harassment. perform in a play. The children said that they were beaten and forced to strip naked during RACISM their detention in the Omonoia police station. Hate-motivated attacks continued to be A criminal and a disciplinary investigation documented against people belonging to were ordered into the incident. vulnerable groups including refugees, The national NGO Greek Helsinki Monitor asylum-seekers and migrants. (GHM) reported that three Roma men were In July, a squat providing shelter for beaten by the police during their arrest and refugees in Athens was targeted in an arson detention at a western Athens police station attack by members of a far-right group. The in October. One of the men suffered a heart perpetrators had not been identified by the attack and was hospitalized with serious end of the year. injuries. Despite requests by the victims and In November, suspected far-right GHM, a forensic examination was refused. extremists attacked refugees in Souda camp GHM filed a complaint of torture and breach on Chios Island, injuring at least two. Two of duty with the Athens Prosecutor tasked activists who tried to assist the refugees were with investigating hate crimes. also attacked and subsequently hospitalized. During the same month, a court in A criminal investigation into the incidents Thessaloniki found 12 prison guards guilty of began. torturing and causing serious bodily harm to At the end of November, a court in Piraeus Ilia Karelli, an Albanian national found dead upheld on appeal a first-instance decision in his cell in Nigrita prison in March 2014. which found four men guilty of abducting, They were given prison sentences ranging robbing and causing serious bodily harm to between five and seven years. Egyptian migrant worker Walid Taleb in 2012. In December, Parliament adopted a law The trial of leaders and members of the designating the Greek Ombudsperson as a Golden Dawn, a far-right political party, who national police complaints mechanism. The were charged with the murder of Pavlos mechanism has the power to conduct its own Fyssas in 2013 and the founding of a investigations but its recommendations to the criminal organization, continued at the end of disciplinary bodies of law enforcement the year. agencies are non-binding. RIGHTS OF LESBIAN, GAY, BISEXUAL, PRISON CONDITIONS TRANSGENDER AND INTERSEX PEOPLE Prison conditions remained a cause of In May, the Ministry of Justice established a serious concern. Greece was found to be in preparatory committee to draft a bill allowing breach of the European Convention on for the legal recognition of the gender identity Human Rights on account of poor prison of transgender people through an conditions and/or lack of effective remedies administrative process without the to challenge such conditions in nine cases requirement to undergo gender reassignment

172 Amnesty International Report 2016/17 surgery. In June, the Athens Magistrates’ to the illegal detention, torture and sexual Court allowed a transgender man to change violence committed against Emma his gender marker in his identification Guadalupe Molina Theissen, and the documents without gender reassignment enforced disappearance of Marco Antonio surgery. Molina Theissen. According to local NGOs, several hearings were suspended and the judiciary imposed restrictions and requirements on the victim’s family and the GUATEMALA general public. Members of the Molina Republic of Guatemala Theissen family were subjected to Head of state and government: Jimmy Morales Cabrera harassment, including online. Women family (replaced Alejandro Maldonado Aguirre in January) members faced particular forms of gender- based violence, including harassment Smear campaigns and the misuse of the and vilification. criminal justice system to harass and In a landmark decision by the High-Risk intimidate human rights defenders Court A in February, two former military continued. Defenders working on land, officials were found guilty of crimes against territorial and environmental issues were at humanity for the sexual and domestic particular risk. People continued to flee the enslavement of and the sexual violence country to escape high levels of inequality against 11 Indigenous Maya Q’eqchi’ women. and violence. There was a landmark The crimes took place in the military base decision by the High-Risk Court A in a case located in the community of Sepur Zarco concerning sexual violence and the during the internal armed conflict.2 domestic slavery of 11 Indigenous women In June, High-Risk Court A ruled that eight during the internal armed conflict. Other former members of the military should face high-profile cases against former members trial on charges related to cases of enforced of the military continued to suffer setbacks disappearances and unlawful killings carried and undue delays. The Congressional out in a military base now known as Human Rights Commission presented a bill Creompaz in the northern Alta Verapaz to abolish the death penalty. region.3 Relatives of the victims were the targets of online harassment, intimidation TRANSITIONAL JUSTICE inside and outside the courtroom, In January, the trial of José Efraín Ríos Montt, surveillance and threats. former President and Commander-in-Chief, Civil society organizations continued to and José Mauricio Rodríguez Sánchez, push for the approval of Law 3590, which former Military Intelligence Director, on would create a National Commission for the charges of genocide and crimes against Search for Victims of Enforced humanity was postponed.1 In March, the trial Disappearance and Other Forms of began before a High-Risk Court and, in May, Disappearance. The law, which was first a Court of Appeals found in favour of the presented before Congress in 2006, had not plaintiffs’ request to be tried separately. The been discussed by the end of 2016. Rios Montt trial had to take place behind closed doors in light of the special provisions HUMAN RIGHTS DEFENDERS adopted after it was determined that he was Human rights defenders faced continuing mentally unfit to stand trial. Both trials threats, stigmatization, intimidation and remained stalled at the end of the year. attacks. According to the NGO UDEFEGUA, Five former members of the military, 14 human rights defenders were killed. The including Benedicto Lucas García, former environmental human rights defenders were head of the High Command of the the group who faced the highest number of Guatemalan Army, were charged in relation attacks. Defenders of the land, territory and

Amnesty International Report 2016/17 173 the environment faced vilification and Congress approved a new Migration Code to attempts to cast them as criminals, both by replace the existing outdated migration law.5 officials in their public statements and by private individuals, as well as through LAND DISPUTES baseless criminal proceedings.4 In February, the Supreme Court temporarily The prosecution of human rights defender suspended the operating licence for El Daniel Pascual on criminal charges of Tambor mine in a judgment concerning the slander, libel and defamation continued failure to carry out prior consultation. The during the year. The charges were linked to Ministry of Energy and Mines stated that the public statements he had made in 2013. The licence had already been granted and so judge ignored the defendant’s petition that could not be suspended. As a result, from the case be dealt with under the March onwards the community held sit-ins at Constitutional Law on the Expression of the headquarters of the Ministry of Energy Thought and not through ordinary criminal and Mines calling for the interim relief proceedings. On 7 June, the Constitutional granted by the Supreme Court to be Court granted an interim injunction that enforced. At the end of June, the Supreme temporarily suspended proceedings against Court upheld its previous decision in a Daniel Pascual. definitive manner. In early 2016, a well-known human rights defender received death threats against 1. Guatemala: Shameful decision to postpone Ríos Montt trial a new herself and her children. Threats against the stain on Guatemala’s justice system (News story, 11 January) defender coincided with the publication in a 2. Guatemala: Conviction of military in sexual abuse case, a historic newspaper of a paid advertisement on 6 April victory for justice (Press release, 26 February) in which the president of a private company 3. Guatemala: Decision to take Creompaz case to trial an advance for alleged that the purpose of human rights justice (AMR 34/4218/2016) NGOs was to stop economic development, 4. Americas: “We are defending the land with our blood”: Defenders of calling them enemies of the country. the land, territory and environment in Honduras and Guatemala (AMR On 22 July, High-Risk Court A in 01/4562/2016) Guatemala City acquitted seven defenders of 5. Americas: Home sweet home? Honduras, Guatemala and El the rights of the Indigenous Maya Q’anjobal Salvador’s role in a deepening refugee crisis (AMR 01/4865/2016) People. They had been accused of illegal detention, threats and incitement to commit a crime. By the time they were released, they GUINEA had spent more than a year in pre-trial detention. Republic of Guinea Head of state: Alpha Condé REFUGEES’ AND MIGRANTS’ RIGHTS Head of government: Mamady Youla For decades, Guatemalans have migrated to the USA via Mexico in an effort to escape the The security forces used excessive force high levels of inequality and violence against peaceful demonstrators and affecting marginalized groups, including harassed people expressing dissent. Torture Indigenous Peoples, in the country. Over the and other ill-treatment were reported. The past five years, large numbers have been security forces continued to enjoy impunity forcibly returned to Guatemala. However, no for human rights violations. The death comprehensive mechanism or protocol had penalty was abolished for ordinary crimes. been put in place to address the needs of Early and enforced marriage was returnees. According to UNHCR, the UN criminalized. refugee agency, between January and August, 11,536 Guatemalans sought asylum in other countries. In September, the

174 Amnesty International Report 2016/17 attended by President Condé in Conakry. A BACKGROUND presidential guard asked him to hand over Local elections were postponed to February his camera. When he refused, he was 2017, maintaining a tense political and social pushed inside a car and taken to the office of environment. The last local elections were the presidential guards where he was beaten held in 2005. and threatened. The guards took his camera and deleted some of the pictures before EXCESSIVE USE OF FORCE releasing him. The police refused to record On 17 June, soldiers publicly ill-treated a his complaint. lorry driver, sparking spontaneous protests in The revised Criminal Code, adopted on 4 the northern town of Mali. The army used July, criminalized contempt, defamation and excessive force to disperse demonstrators, insult, including of public figures, with including using firearms and batons. Over penalties of up to five years’ imprisonment two days, at least 14 people were wounded, and a fine. Vaguely worded provisions could including four shot with live ammunition. On allow the prosecution of people who express 16 November, 11 soldiers were charged, dissent or expose human rights violations, including with assault and battery, pillage and including journalists and human rights arson. defenders. On 16 August, police shot dead Thierno The law on cyber-security and personal Hamidou Diallo as he was standing on his data protection, passed on 2 June, balcony in the capital Conakry during a mass, criminalized cyber-insults, the dissemination peaceful march of 500,000 to 700,000 and communication of “false information” as opposition supporters. The Security Minister well as the production, distribution or transfer announced that a policeman had been to third parties of data “likely to disturb law arrested in relation to the killing.1 and order or public security or jeopardize human dignity”. The law likened the FREEDOM OF EXPRESSION disclosure of data “that should be kept Security forces harassed and arbitrarily confidential” for national security reasons to arrested people expressing dissent. the crimes of treason or espionage, making it On 24 March, Jean Dougou Guilavogui punishable by life imprisonment. This and four other trade unionists were provision could be used against sentenced to six months in prison and whistleblowers.3 ordered to pay damages for defamation and “contempt of the President”. Jean Dougou TORTURE AND OTHER ILL-TREATMENT Guilavogui was released for time served on Torture and other ill-treatment were reported. 25 March and his colleagues on 8 April.2 On 4 March, Ibrahima Diogo Sow was On 22 June, the Tribunal of Kankan fined arrested and taken to the Anti-Crime Brigade journalist Malick Bouya Kébé 1 million in Kipé, a neighbourhood of Conakry. The Guinean francs (approximately €100) for security forces suspended him by his hands complicity in “contempt of the President” and feet from a wooden bar and hit him with because he did not interrupt a listener who rifle butts and wooden sticks over three days. was criticizing the President during a phone- Ibrahima Diogo Sow filed a complaint, but no in programme. His guest, also a journalist, action was taken and he remained in was sentenced in his absence to one year in detention at the end of the year. prison and a fine of 1.5 million Guinean On 26 June, three gendarmes arrested francs (approximately €150) for “contempt of Oumar Sylla in Conakry and took him to a the President”. They were tried without a building where they were posted. They tied lawyer. his feet and hands behind his back. One of On 25 June, journalist Malick Diallo was the gendarmes stabbed him in his left side covering a meeting of the ruling party and poured boiling water on his chest. They

Amnesty International Report 2016/17 175 asked him to confess to stealing a motorbike, as “self-defence” as well as a new provision which he refused to do. He was taken to the called “state of necessity” that could shield gendarmerie base ECO III the next day and members of the security forces who caused beaten with belts. Fearing for his life, Oumar death or injury by using excessive force. Sylla confessed and signed a statement he said he did not understand. WOMEN’S RIGHTS The revised Criminal Code criminalized The revised Criminal Code criminalizes early torture and made it punishable by up to 20 and enforced marriage, raising the legal age years’ imprisonment. However, some acts for marriage to 18. However, ambiguity defined as torture under international law, remains as the Code refers to “marriage including rape, electric shocks, burns, according to custom” for children aged 16. holding in stress positions, sensory Guinea has one of the highest rates of child deprivation, mock executions and simulated marriage in the world, with three in five girls drowning, were classified as “inhuman and married before the age of 18, according to cruel” treatment, for which no penalties were the latest study by the UN Population Fund specified. (UNFPA). DEATH PENALTY 1. Guinée: Consternation face à la mort d’un homme par balle (News The revised Criminal Code abolished the story, 17 August) death penalty for ordinary crimes. The 2. Guinée: La condamnation de cinq syndicalistes est une violation du Military Code of Justice still provided for droit à la liberté d’expression (News story, 25 March) capital punishment for exceptional crimes, 3. Guinea: New criminal code drops death penalty but fails to tackle including treason and revolt at time of war or impunity and keeps repressive provisions (News story, 5 July) state of emergency. A bill seeking to remove 4. Guinea: One year on, no justice for election violence (News story, 10 these provisions was pending in the National October) Assembly. IMPUNITY GUINEA-BISSAU There was little progress in the trial relating to the massacre in the Grand Stade de Conakry Republic of Guinea-Bissau in 2009, when security forces killed more Head of state: José Mário Vaz than 100 peaceful demonstrators and injured Head of government: Umaro Sissoco Embaló (replaced at least 1,500 others. Dozens of women were Baciro Djá in November, who replaced Carlos Correia in raped. May) None of the members of the security forces suspected of using excessive force The continuing political crisis delayed against peaceful opposition demonstrators, implementation of recommendations of the leading to death and injuries between 2011 UN Universal Periodic Review (UPR) of and 2016, have been brought to justice.4 2015, and hindered economic and social There was still no investigation of members reforms. No progress was made in of the security forces involved in rape and improving prison conditions. The judiciary other forms of torture, systematic pillage and did not always follow due process, and was contamination of water in Womey village, criticized for incompetence and corruption. Nzérékoré region, in September 2014. No progress was made in the trial of four BACKGROUND members of the security forces charged with In February, the UN Security Council killing six people during a strike at a mine in extended the mandate of the UN Integrated Zogota in 2012. Peace Building Office in Guinea-Bissau The revised Criminal Code contained (UNIOGBIS) for another year. vague language relating to actions justifiable

176 Amnesty International Report 2016/17 Tension between President Vaz, the government and parliament, as well as within Accountability the ruling African Party for the Independence Investigations into past human rights of Guinea and Cape Verde (PAIGC), violations, including political killings between escalated, paralysing parliamentary 2009 and 2012 made no progress. However, proceedings. in May the Bissorã Regional Court, in the Oio In January the National Assembly’s region, convicted four police officers of Permanent Commission expelled 15 beating Tchutcho Mendonça to death in July parliamentarians for refusing to support the 2015 in police custody. Three officers were government’s programme. Political tension sentenced to seven years and three months’ was exacerbated when Prime Minister imprisonment and one to five years’ Correia was dismissed in mid-May. The imprisonment. appointment two weeks later of Baciro Djá as Prime Minister triggered violent protest in PRISON CONDITIONS which police used force, including tear gas, The authorities took no action to improve to disperse demonstrators who were throwing prison conditions. Inadequate sanitation, lack stones and burning tyres outside the of health care and food provision, and severe presidential palace. overcrowding in prisons and detention In September, Guinea-Bissau acceded to centres persisted. Detainees and prisoners the UN Convention relating to the Status of had to rely on their families for food and Stateless Persons and the UN Convention on medicine or on the goodwill of other inmates. the Reduction of Statelessness. Conditions in detention centres in the capital, Bissau, amounted to cruel, inhuman JUSTICE SYSTEM or degrading treatment. The Criminal The criminal justice system remained weak Investigation Police cells, with capacity for 35 and failed to guarantee due process. In June, people, regularly held over 90. Detainees the UN Special Rapporteur on the were not separated according to sex, age or independence of judges and lawyers reported type of crime, and uncharged detainees were on her 2015 visit to Guinea-Bissau, routinely held for longer than the 48 hours describing the justice system as “sad” and prescribed by law. “terrible”. She highlighted lack of resources, incompetence, corruption, impunity and limited access to justice as the main obstacles to judicial independence. HAITI In July, the Supreme Court took over 20 Republic of Haiti days, instead of the 10 days allowed by law, Head of state: Jocelerme Privert (replaced Michel to respond to the writs of habeas corpus Joseph Martelly in February as acting President) challenging the detention of parliamentarian Head of government: Enex Jean-Charles (replaced Gabriel So. His arrest was ordered by the Evans Paul in February as acting Prime Minister) Bissau Regional Court despite his parliamentary immunity. Elections were postponed several times. A In August, the Public Prosecutor’s Office hurricane hit Haiti in October causing a ordered the arrest and detention of João major humanitarian crisis. Thousands of Bernardo Vieira for allegedly violating bail. In people returned or were deported from the contravention of the law, he was not brought Dominican Republic, including stateless before a judge within 48 hours from his people, creating humanitarian concerns. arrest; he was released after one week. Little progress was made on the situation of people displaced by the 2010 earthquake.

Amnesty International Report 2016/17 177 The mandate of the UN Stabilization BACKGROUND Mission in Haiti (MINUSTAH) was renewed In January presidential and legislative for six months in October. elections scheduled for 17 January and later In November, Haiti’s human rights record for 24 January were postponed by the was examined under the UN Universal Provisional Electoral Council (CEP) following Periodic Review (UPR) process. Haiti violent protests, where police were alleged to accepted various recommendations, have used force, in response to allegations of including to accede to the UN Conventions electoral fraud during the first rounds of on Statelessness, to strengthen its legal elections in 2015. framework against gender-based violence On 5 February a national agreement and to enhance protection of human rights establishing a transitional government was defenders. It rejected recommendations to reached to find a solution to the political protect lesbian, gay, bisexual, transgender crisis. President Martelly ended his mandate and intersex (LGBTI) people or to join on 7 February. Jocelerme Privert was elected the ICC.1 interim President and Enex Jean-Charles was appointed as interim Prime Minister. INTERNALLY DISPLACED PEOPLE Elections scheduled for April were once again Hurricane Matthew affected 2.1 million postponed as the Independent Electoral people across the country, including nearly Verification Commission, which was 900,000 children. One hundred and seventy established in April, confirmed that there was five thousand people were left homeless. The widespread fraud during the October 2015 situation was compounded by the fact that balloting and recommended new elections 55,107 were still homeless from the 2010 take place. The CEP issued a new electoral earthquake and, by November, were living in calendar for elections in October and 31 camps, a number which had hardly January 2017. decreased since June 2015. In October, Hurricane Matthew caused the country’s largest humanitarian emergency REFUGEES’ AND MIGRANTS’ RIGHTS since the 2010 earthquake, particularly in the People of Haitian origin continued to arrive southern provinces. More than 500 people spontaneously in Haiti from the Dominican were killed and almost as many injured. Republic, while others had been deported by Extensive flooding and mudslides damaged the Dominican authorities. About 2,220 of infrastructure and buildings and caused them settled in makeshift camps at the water shortages. Livelihoods in some areas southern border region of Anse-à-Pitre where were almost entirely destroyed while 1.4 they lived in dismal conditions with restricted million people needed urgent humanitarian access to water, sanitation, health care and assistance. It caused an increase in internal education.2 Despite a relocation programme migration from rural areas to overcrowded in operation up until June, dozens of families cities where access to adequate housing was remained in the camps at the end of the year. already limited. In this context elections were again postponed and took place on 20 RIGHT TO HEALTH – November. Jovenel Moïse was elected as CHOLERA EPIDEMIC President and was due to be sworn in on 7 Between January and July, 21,661 suspected February 2017. Although President Privert’s cholera cases and 200 related deaths were term expired on 14 June, he remained as registered, with nearly 9,000 cases reported interim President at the end of the year. The after Hurricane Matthew. In August, the UN political crisis severely affected the country’s acknowledged, for the first time, its role in the capacity to adopt essential legislation and initial outbreak for which the UN Secretary- policies to improve the protection and General apologized publicly in December. He promotion of human rights. also announced a new plan to deal with the

178 Amnesty International Report 2016/17 outbreak. The UN continued to deny all violence, corruption and organized crime. attempts by victims to gain access to legal The Inter-American Commission on Human remedies. Rights (IACHR) raised concerns about the military carrying out public security RIGHTS OF LESBIAN, GAY, BISEXUAL, operations, including use of excessive force. TRANSGENDER AND INTERSEX PEOPLE The presence of military corps on Indigenous In September, public threats, including by territories contributed to social unrest. Over several parliamentarians, were made against 100 high-ranking police officers were individuals and NGOs who were planning an dismissed in a move to security forces LGBTI Film Festival event. In September, the accused of being infiltrated by organized Public Prosecutor of Port-au-Prince ordered crime. its cancellation for security reasons. In the following days, there was a marked increase REFUGEES’ AND MIGRANTS’ RIGHTS in reports of homophobic attacks. Widespread violence across the country forced many to flee – mostly women, IMPUNITY children, youth and LGBTI people. People No progress was made in the investigation perceived by criminal gangs to have refused into alleged crimes against humanity to comply with their authority or who had committed by former President Jean-Claude witnessed a crime were routinely harassed, Duvalier and his collaborators.3 attacked and extorted; young people in particular were forced to join criminal gangs. Deportees forcibly returned from Mexico 1. Haiti: Internal displacement, forced evictions, statelessness – the catalogue to violations continue (AMR 36/4658/2016) and the USA continued to face the same life- 2. “Where are we going to live?”: Migration and statelessness in threatening situations which initially pushed Dominican Republic and Haiti (AMR 36/4105/2016) them to leave. In July, an asylum-seeker who 3. Haiti: Move ahead with ex-dictator case (AMR 36/3478/2016) had been forcibly returned from Mexico after the rejection of his asylum application was murdered less than three weeks after his HONDURAS return.1 HUMAN RIGHTS DEFENDERS Republic of Honduras Honduras remained one of the most Head of state and government: Juan Orlando Hernández Alvarado dangerous countries in Latin America for human rights defenders, especially for environmental and land activists. According A general climate of violence forced to the NGO Global Witness, Honduras had thousands of Hondurans to flee the country. the highest number per capita of killings of Women, migrants, internally displaced environmental and land activists in the people, human rights defenders – especially world.2 Berta Cáceres, leader and co-founder lesbian, gay, bisexual, transgender and of the Civil Council of Popular and Indigenous intersex (LGBTI) people as well as Organizations of Honduras (COPINH), was environmental and land activists – were shot dead in her home on 2 March. The particularly targeted with violence. A weak Inter-American Commission on Human criminal justice system contributed to a Rights had granted her precautionary climate of impunity. measures since 2009, but the authorities failed to implement effective measures to BACKGROUND protect her. Along with other COPINH The government assigned several public members who protested against the security tasks to units made up of officers construction of the Agua Zarca dam in the with military training in an attempt to tackle community of Río Blanco, she suffered

Amnesty International Report 2016/17 179 continued harassment, threats and attacks to justice for Indigenous Peoples in cases of by state and non-state actors before aggression, including killings, remained a her death. challenge. In addition to Berta Cáceres, one On 18 October, José Ángel Flores and Tolupán Indigenous leader was killed on 21 Silmer Dionisio George of the Unified February; he had been granted precautionary Campesino Movement of the Aguán were measures by the Inter-American Commission murdered. Both human rights defenders on Human Rights in December 2015. The were shot dead after attending a meeting with perpetrators had yet to be brought to justice. several campesino (peasant farmer) people in the Bajo Aguán region, northeastern WOMEN’S RIGHTS Honduras. In November, Bertha Oliva, co- Women were routinely subjected to violence. ordinator of the Committee of Relatives of the Between January and June, 227 women Disappeared in Honduras (COFADEH) was were murdered. During the same period, subjected to a smear campaign, aimed at 1,498 attacks and 1,375 incidents of sexual linking her with drug cartels and discrediting violence against women were recorded. her human rights work. COFADEH has a long Attacks against women remained widely history of promoting human rights of underreported. The country continued to lack campesino people in the Bajo Aguan region. specific mechanisms for collection and According to the NGO ACI-PARTICIPA, disaggregation of data related to the killings more than 90% of all killings and abuses of women. Abortion remained a crime in all against human rights defenders remained cases, including when the life and health of a unpunished. woman were at risk, or when the pregnancy LGBTI human rights defenders were also was a result of sexual violence. Emergency particularly targeted with threats and attacks. contraception continued to be banned. René Martínez, president of the Sampedrana Gay Community in the city of San Pedro Sula, JUSTICE SYSTEM was found dead on 3 June with his body In February, the National Congress elected bearing signs of torture. The Worldwide 15 new members of the Supreme Court of Movement for Human Rights reported that Justice for the next seven years. Several civil members of the LGBTI rights group society organizations raised concerns about Asociación Arcoiris were victims of 36 the selection process, which they said failed security incidents between July 2015 and to comply with international standards of January 2016, including killings, threats, impartiality, independence and transparency. surveillance and harassment. The military Honduras had not yet complied with the was accused of infiltrating social movements resolution of October 2015 of the Inter- and attacking human rights defenders. American Court of Human Rights in which it The Law to Protect Human Rights found that the rights of four judges dismissed Defenders, Journalists, Social Commentators for opposing a coup in 2009 were violated. and Justice Officials had yet to be properly The judges had yet to be reinstated, and implemented. other measures of reparation were still pending. INDIGENOUS PEOPLES’ RIGHTS A lack of resources for institutions 1. Home sweet home? Honduras, Guatemala and El Salvador’s role in a responsible for supporting Indigenous deepening refugee crisis (AMR 01/4865/2016) Peoples continued to be a concern. Several 2. We are defending the land with our blood: Defenders of the land, Indigenous Peoples claimed their rights to territory and environment in Honduras and Guatemala (AMR consultation and to free, prior and informed 01/4562/2016) consent had been violated in the context of projects to explore and exploit natural resources in their territories. A lack of access

180 Amnesty International Report 2016/17 well beyond what was permitted under HUNGARY international law and standards. In late November, a Syrian national was Hungary sentenced to ten years’ imprisonment for Head of state: János Áder “acts of terror” for his involvement in clashes Head of government: Viktor Orbán with Hungarian border guards at a Serbia- Hungary border crossing in September 2015. An amendment to the Constitution allowed Both parties appealed the first-instance the government to declare a state of decision. emergency under broad and vaguely worded conditions, with little democratic oversight. FREEDOM OF ASSOCIATION Roma continued to face discrimination and In October, the supposedly independent to be victims of hate crimes. Hungary Government Control Office (Kormányzati continued its systematic crackdown on the Ellenőrzési Hivatal, known as KEHI) was rights of refugees and migrants despite compelled by court order to disclose the growing international criticism. paper trail of its 2014 ad hoc audit of several NGOs critical of government policies, COUNTER-TERROR AND SECURITY revealing that it was ordered personally by The government continued to extend the use the Prime Minister. The audit involved police of anti-terror legislation. In January, the raids, confiscation of computers and servers European Court of Human Rights found in and lengthy investigations, but ended without Szabó and Vissy v Hungary that the Law on finding any criminal wrongdoing. Government Police violated the applicants’ right to respect representatives continued to threaten several for private and family life as it enabled the NGOs involved with further investigations, executive to intercept any communications which contributed to a on civil without supporting evidence and for society. extended periods of time. The Court found that Hungary failed to ensure adequate FREEDOM OF EXPRESSION – judicial oversight and effective remedies JOURNALISTS against unlawful surveillance. Népszabadság – a newspaper critical of the In June, Parliament adopted a “Sixth government – abruptly suspended Amendment” to Hungary’s Fundamental Law publication in October 2016 and all the (Constitution) introducing a broadly worded journalists were discharged. The shutdown definition of a state of emergency on the was carried out days before the company grounds of a “terror threat situation” that did was sold to an entrepreneur close to the not meet the tests required under government. international human rights law. The package would allow the government to introduce JUSTICE SYSTEM wide-ranging powers, including: restricting In June, the Grand Chamber of the European freedom of movement within the country; Court of Human Rights found in Baka v freezing assets of states, individuals, Hungary that terminating the mandate of the organizations and legal entities; banning or President of the Hungarian Supreme Court restricting events and public assemblies; and on account of his criticisms of legislative applying undefined special measures to reforms was contrary to the European prevent terrorism, without judicial or full Convention on Human Rights. It found a parliamentary oversight. Those powers could violation of Article 6 paragraph 1 (right of be increased after 15 days if approved by access to a court) and of Article 10 (freedom Parliament. Such a state of emergency would of expression). also grant wide powers for the security forces to use firearms in circumstances which went

Amnesty International Report 2016/17 181 emergency due to mass immigration” and, DISCRIMINATION – ROMA despite plummeting numbers of new arrivals In January, a court in the capital Budapest to the country, deployed over 10,000 police instructed the municipality of Miskolc to and military personnel along the border. develop an action plan for the mostly Roma Nearly 3,000 people were taken to court and residents who were evicted or facing eviction expelled for entering the country irregularly, from the Numbered Streets neighbourhood of without a proper examination of their the city. However, the housing action plan protection needs, by the end of the year. A envisaged only 30 housing units for the number of legal amendments enabled the approximately 100 families affected, and did immediate return of all non-citizens caught in not allocate additional funding for housing or an irregular situation at the border or up to compensation. 8km inside Hungarian territory, and over In March, a court in Eger issued a first- 16,000 people were denied entry or were instance verdict that Roma children in Heves returned forcibly, sometimes violently, County were unlawfully segregated in schools to Serbia. and classes providing education designed for On 31 March, the government’s list of children with special needs. In June, the “safe countries of origin” and “safe third European Commission initiated infringement countries” was expanded to include Turkey. proceedings against Hungary for In May, the national assembly passed a set of discrimination of Roma in education. amendments significantly cutting access to housing, health care and integration Hate crimes programmes for people with protection The investigation and prosecution of hate status. crimes continued to lack consistency. In Hungary suspended co-operation with January, the Curia (Supreme Court) finally other EU countries and refused to accept issued its verdict in the case of the serial asylum-seekers from states participating in killing of Roma people in 2008 and 2009, the Dublin system. It attempted to return at targeted on the ground of their ethnicity. Six least 2,500 asylum-seekers already in people were killed including a five-year-old Hungary to Greece, despite the presumption boy, and several others were injured. Three against returns to Greece in light of systemic defendants were sentenced to life shortcomings in the Greek asylum system imprisonment without parole (in confirmed by the European Court of Human contravention of European human rights law), Rights. and the fourth to 13 years in prison. Conditions in the Hungarian asylum In April, an appeals court in Debrecen system prompted a number of other reversed a first instance verdict which had European countries to rule against returning found that police discriminated against Roma people to Hungary, in some cases in the town of Gyöngyöspata when they failed recommending the suspension of Dublin to protect local Roma residents from far-right transfers altogether. groups in 2011. The Hungarian The detention of asylum-seekers in- Union appealed against the decision to country continued to be implemented without the Curia. the necessary safeguards to ensure that it was lawful, necessary and proportional. In REFUGEES AND MIGRANTS June, the European Court of Human Rights Hungary continued to severely restrict access found in O.M. v Hungary, that the asylum to the country for refugees and asylum- detention of a gay asylum-seeker was in seekers, criminalizing thousands of people violation of his right to liberty and safety. The for irregular entry across the border fences Court ruled that Hungary failed to make an put up at its southern border. The individualized assessment justifying the government repeatedly extended a “state of applicant’s detention and to take into account

182 Amnesty International Report 2016/17 the applicant’s vulnerability in the detention ban on India’s largest currency bills, facility based on his sexual orientation. intended as a crackdown on the country’s The government spent over €20 million on black market, severely affected the communication campaigns labelling refugees livelihoods of millions. and migrants as criminals and threats to national security. In October, it held a national ABUSES BY ARMED GROUPS referendum on its opposition to the relocation Armed groups in central India, northeastern of asylum-seekers to Hungary within an EU- states and Jammu and Kashmir committed a wide scheme. The referendum was invalid range of human rights abuses. The due to insufficient turnout. Together with Communist Party of India (Maoist) armed Slovakia, the government challenged the group was suspected of extortion, abductions legality of the European Council decision on and unlawful killings, including of local relocation quotas at the Court of Justice of government officials and suspected police the European Union. The case was pending “informers”, in states such as , at the end of the year. Jharkhand, Odisha, Maharashtra, Bihar and In November, the European Committee for Andhra Pradesh. The group was reported to the Prevention of Torture issued a report on have used a lottery system to conscript immigration and asylum detention centres in children in Jharkhand. It also targeted mobile the country. It found that a considerable towers and vehicles used in road number of foreign nationals, including construction and mining. unaccompanied minors, reported that they Armed groups in northeastern states had been subjected to physical ill-treatment including Assam, Manipur and Meghalaya by police officers. The government denied were accused of extortion, abduction and the allegations. unlawful killings. In August, 14 people were killed in an attack allegedly carried out by the National Democratic Front of Bodoland (Songbijit faction) armed group in Kokrajhar, INDIA Assam. Republic of India Armed groups were also suspected of Head of state: Pranab Mukherjee killing people in Jammu and Kashmir. In Head of government: Narendra Modi January, suspected members of the Jaish-E- Mohammed armed group attacked an air The authorities used repressive laws to curb force base in Pathankot, Punjab state, freedom of expression and silence critics. killing one civilian and seven security force Human rights defenders and organizations personnel. continued to face harassment and intimidation, and vigilante cow protection CASTE-BASED DISCRIMINATION groups carried out several attacks. AND VIOLENCE Thousands protested against discrimination Dalits and Adivasis continued to face and violence faced by Dalit communities. widespread abuses. According to official Millions of people opposed changes to statistics released in August, more than labour laws. Marginalized communities 45,000 crimes against members of continued to be frequently ignored in the Scheduled Castes and almost 11,000 crimes government’s push for faster economic against Scheduled Tribes were reported in growth. Tensions between India and 2015. Dalits in several states were denied Pakistan intensified following an attack by entry into public and social spaces, and gunmen on an army base in Uri, Jammu faced discrimination in accessing public and Kashmir. Jammu and Kashmir state services. witnessed months of curfew and a range of In January, the suicide of Dalit student human rights violations by authorities. A Rohith Vemula led to nationwide protests and

Amnesty International Report 2016/17 183 debates on the discrimination and violence the name of upholding laws prohibiting the faced by Dalits in universities. In March, the killing of cows. police arrested students and faculty In March, the bodies of two Muslim cattle peacefully protesting at the University of traders were found hanging from a tree in Hyderabad, where Rohith Vemula had Jharkhand. In June, members of a cow studied. In July, widespread protests broke protection group in Haryana forced two out in Una, Gujarat state, following the public Muslim men, who they suspected were beef flogging of four Dalit men by a vigilante cow transporters, to eat cow dung. In August, a protection group for skinning a dead cow – a woman in Haryana said that she and her 14- traditional occupation for certain Dalits. year-old cousin were gang-raped by men who In April, the central government passed accused them of eating beef. the Scheduled Castes and Scheduled Tribes In May, the High Court of Bombay, hearing (Prevention of Atrocities) Amendment Rules, a case on a beef ban law, ruled that which specified relief mechanisms available preventing people from consuming a to victims of caste-based violence. particular type of food could violate their right to privacy. CHILDREN’S RIGHTS A team formed to reinvestigate closed According to statistics released in August, cases related to the 1984 Sikh massacre reports of crimes against children in 2015 identified 77 cases for further investigation rose by 5% compared with the previous year. and invited people to testify. The functioning Under new laws that came into force in of the team continued to lack transparency. January, juvenile justice authorities ordered Black people faced racist harassment, that children aged 16 to 18 be treated as discrimination and violence in various cities. adults in cases of serious crimes. In June, a In February, a Tanzanian woman was juvenile justice board ordered that a 17-year- stripped and beaten by a mob in Bengaluru, old in Delhi be tried as an adult in an alleged Karnataka state. In May, a man from the hit-and-run driving case. In August, another Democratic Republic of the Congo was 17-year-old in Delhi was ordered to be beaten to death by a group of men in prosecuted as an adult in a case of New Delhi. alleged rape. In July, Parliament amended a child labour CORPORATE ACCOUNTABILITY law to prohibit the employment of children In February, the Ministry of Environment under 14, but made an exception for children approved the expansion of a coal mine in working in family enterprises. The Kusmunda, Chhattisgarh state, operated by amendments also allowed children aged 14 the state-owned company South Eastern to 18 to work in occupations that were not Coalfields, despite authorities not having “hazardous”. Many child rights activists obtained the free, prior and informed consent opposed the amendments, which they said of affected Adivasi communities. The central would encourage child labour and government continued to acquire land using disproportionately affect children from the Coal Bearing Areas Act, which allows for marginalized groups and girls. the acquisition of Adivasi land without In August, the central government consent. released a draft national education policy, In April, the Gujarat government amended which made no mention of human rights a central land acquisition law to exempt a education. range of projects from seeking the consent of affected families and conducting social COMMUNAL AND ETHNIC VIOLENCE impact assessments. The same month, the Vigilante cow protection groups harassed and UN Special Rapporteur on adequate housing attacked people in states including Gujarat, stated that most forced evictions occurred Haryana, Madhya Pradesh and Karnataka in with impunity in India. In May, the Supreme

184 Amnesty International Report 2016/17 Court rejected a petition challenging the decision of 12 village assemblies in 2013 to FREEDOM OF ASSOCIATION refuse permission for a bauxite mine The central authorities continued to use the operated by a subsidiary of Vedanta Foreign Contribution (Regulation) Act (FCRA) Resources and a state-owned company. – which restricts civil society organizations In July, the US-based Dow Chemical from receiving foreign funding – to harass Company and its subsidiary Union Carbide NGOs. The authorities suspended the FCRA Corporation failed, for the fourth time, to registration of Lawyers Collective in June and appear before a Bhopal court to face criminal cancelled it in December. charges related to the 1984 gas leak disaster. In October the government refused to In Jharkhand, police shot dead three men renew the FCRA licences of 25 NGOs without demonstrating against a power plant in offering valid reasons. In December, it August, and four villagers were killed by the cancelled the licences of seven other NGOs, police following a protest against a state- including Greenpeace India, Navsarjan, owned coal mine in October. Anhad, and two NGOs run by human rights defenders Teesta Setalvad and Javed Anand. EXTRAJUDICIAL EXECUTIONS Media reports quoted government sources as In April, a former Manipur state policeman saying that the NGOs had acted against told journalists that he had been involved in “national interest”. more than 100 extrajudicial executions in the In April, the UN Special Rapporteur on the state between 2002 and 2009. In July, the rights to freedom of peaceful assembly and of Supreme Court, hearing a case related to association said that the FCRA restrictions over 1,500 extrajudicial executions in were not in conformity with international law, Manipur, ruled that armed forces personnel principles and standards. In June, the UN should not enjoy “blanket immunity” from Special Rapporteurs on human rights trials in civilian courts, and that the defenders, freedom of expression, and allegations needed to be looked into. freedom of association called on the Indian In April, a Central Bureau of Investigation government to repeal the FCRA. court convicted 47 police personnel of extrajudicially executing 10 men in Pilibhit, FREEDOM OF EXPRESSION Uttar Pradesh, in 1991. Security forces were Regressive laws continued to be used to accused of carrying out several extrajudicial persecute people who legitimately exercised executions in Chhattisgarh through the year. their right to freedom of expression. In In February, an Adivasi man was killed by February, three students at the Jawaharlal Chhattisgarh police in Bastar, Chhattisgarh, Nehru University were arrested by police in in an alleged extrajudicial execution. The Delhi for sedition after they allegedly raised same month, an Adivasi man was killed in an “anti-national” slogans. The same month, alleged extrajudicial execution in Rayagada, also arrested an academic for Odisha. In both cases, the police claimed sedition for allegedly raising “anti-India” that the victims were Maoists. slogans at a closed-door event. The sedition In July, five people, including an infant, law was also used to arrest people for writing were shot dead by security forces in “anti-national” Facebook posts in Kerala, for Kandhamal, Odisha. The security forces printing a map in Madhya Pradesh which did claimed that the deaths had occurred during not show all of Kashmir within Indian crossfire in an encounter with Maoist groups. borders, and for organizing a protest for In November, eight pre-trial detainees were better working conditions for police personnel shot dead by the in Karnataka. near Bhopal after they escaped from prison. In August, police in Karnataka registered a sedition case against unnamed representatives of Amnesty International

Amnesty International Report 2016/17 185 India for allegedly conducting an “anti- Selvan and Piyush Sethia for protesting national” event on human rights violations in against the construction of a railway bridge. Jammu and Kashmir. A complaint of sedition Irom Sharmila ended her 16-year hunger was filed the same month in a Karnataka strike in protest against the Armed Forces court against an actress for refuting a (Special Powers) Act in August. She was statement by a central government minister released from detention and a local court that “visiting Pakistan was like going to ”. dismissed charges of attempted suicide India’s information technology law was against her. Irom Sharmila was a prisoner of used to persecute people. In March, two men conscience. were arrested in Madhya Pradesh for In October, members of the police and allegedly sharing a satirical image of a Hindu security forces in Chhattisgarh burned nationalist group. effigies of human rights defenders, after some officers were charged with attacking HUMAN RIGHTS DEFENDERS and burning Adivasi homes in Tadmetla, Journalists, lawyers and human rights Chhattisgarh in 2011. defenders were harassed and attacked with impunity. JAMMU AND KASHMIR In February, journalist Karun Mishra was The killing of a leader of the Hizbul shot dead by gunmen in Sultanpur, Uttar Mujahideen armed group in July sparked Pradesh. The said he had been widespread protests. More than 80 people, targeted for his reports on illegal soil mining. mostly protesters, were killed in clashes and In May, Rajdeo Ranjan, a journalist in Siwan, thousands injured. At least 14 people were Bihar, who had faced threats from political killed and hundreds blinded by security leaders for his writing, was shot dead. forces’ use of pellet-firing shotguns, which In February, journalist Malini are inherently inaccurate and indiscriminate. Subramaniam was forced to leave Bastar Security forces used arbitrary or excessive following an attack on her home and force against demonstrators on several pressure from police on her landlord. Another occasions. In August, Shabir Ahmad Monga, journalist, Prabhat Singh, was arrested for a lecturer, was beaten to death by army sharing a message online that mocked a soldiers. senior police official in Bastar. Bela Bhatia, a The Jammu and Kashmir government researcher and activist, faced intimidation imposed a curfew which lasted over two and harassment from vigilante groups in months. Private landline, mobile and internet Bastar. Adivasi activist had a service providers suspended their services for chemical substance thrown at her face by weeks on orders from state authorities. The unidentified assailants. A group of human communications shutdown undermined a rights lawyers who provided free legal aid to range of human rights. Residents reported Adivasi pre-trial detainees were also forced to being unable to reach medical assistance in leave their home in , Chhattisgarh cases of emergencies. state, following police pressure on their In July, the state government prevented landlord. the publication of local newspapers in Journalist Santosh Yadav, who was Kashmir for three days. In September, arrested in 2015 on politically motivated Khurram Parvez, a Kashmiri human rights charges, remained in detention at the end of defender, was arrested and detained for over the year. two months on spurious grounds, a day after In June, police in Tamil Nadu state he was prevented from travelling to a UN arrested Dalit author Durai Guna and activist Human Rights Council session in Geneva, Boopathy Karthikeyan on false charges of Switzerland. In October, the government assault. In July, the police arrested ordered a Srinagar-based newspaper to environmental activists Eesan Karthik, Muthu cease printing and publication on vague

186 Amnesty International Report 2016/17 grounds. Hundreds of people, including sex workers vulnerable to a range of human children, were placed in administrative rights abuses. detention. Dozens of schools were set on fire by unidentified people. RIGHTS OF LESBIAN, GAY, BISEXUAL, INDONESIA TRANSGENDER AND INTERSEX PEOPLE Republic of Indonesia In February, the Supreme Court referred to a Head of state and government: Joko Widodo larger bench a petition challenging Section 377 of the Indian Penal Code, which criminalizes consensual same-sex relations. Broad and vaguely worded laws were used In June, five people who identified to arbitrarily restrict the rights to freedom of themselves as members of the LGBTI expression, of peaceful assembly and of community filed another petition in the association. Despite the authorities’ Supreme Court asking for Section 377 to be commitments to resolve past cases of struck down. human rights violations, millions of victims In July, the cabinet approved a flawed bill and their families were still denied truth, on transgender people’s rights. Activists justice and reparation. There were reports of criticized the bill for its problematic definition human rights violations by security forces, of transgender people, and for its provisions including unlawful killings and the use of on anti-discrimination which were not aligned excessive or unnecessary force. At least 38 with a 2014 Supreme Court judgment. prisoners of conscience remained in detention. Four people were executed. VIOLENCE AGAINST WOMEN AND GIRLS Reported crimes against women and girls BACKGROUND continued to rise. According to statistics In January, the armed group Islamic State released in August, over 327,000 crimes (IS) claimed responsibility for a series of against women were registered in 2015. attacks in the capital, Jakarta, in which four Women from marginalized communities attackers and four civilians were killed. In continued to face systemic discrimination, response, the government proposed changes making it harder for them to report sexual or to the Anti-Terrorism Bill, which could other forms of violence. undermine safeguards against torture and In January, two groups of Adivasi women arbitrary detention and expand the scope of reported that they were raped and sexually the application of the death penalty. In July, assaulted by security force personnel during retired General Wiranto was appointed as Co- search operations in their villages in ordinating Minister for Political, Law and Chhattisgarh. Little progress was made in Security Affairs. He had been indicted for both investigations. In April, women garment crimes against humanity by a UN-sponsored workers protesting in Bengaluru, Karnataka, tribunal in Timor-Leste. He was named as a faced arbitrary and abusive actions by police. suspect in the inquiry initiated in 1999 by the In May, a Dalit law student from Kerala was National Commission on Human Rights found raped and murdered at her home. The (Komnas HAM), for gross violations of human police had failed to investigate previous rights in East Timor surrounding the 1999 complaints of caste-based discrimination by referendum. No charges had been brought the family. against him by the end of the year. In July, the government released a flawed draft law on trafficking without adequate FREEDOM OF EXPRESSION consultation. Indian law continued to Broad and vaguely worded laws continued to criminalize soliciting in public places, leaving arbitrarily restrict the rights to freedom of expression, of peaceful assembly and of

Amnesty International Report 2016/17 187 association, and of religion or belief. In July, participating in peaceful demonstrations in Yanto Awerkion and Sem Ukago, Papuan Jayapura, Merauke, Fakfak, Sorong and political activists in Timika, were charged with Wamena in Papua and West Papua “rebellion” under Article 106 of the Criminal Provinces, in Semarang in Central Java Code. In November, prisoner of conscience Province, in Makassar in South Sulawesi Steven Itlay, leader of the Timika branch of Province and in Yogyakarta Province. Most the West Papuan National Committee was were released without charge after one day. sentenced to one year in prison for The arbitrary arrests highlighted the ongoing “incitement” under Article 160 (see below). repressive environment for political activists Another activist from Ternate, North , in the Papua region.3 was charged with “rebellion” for posting online a photo of a T-shirt with a caricature of RIGHTS OF LESBIAN, GAY, BISEXUAL, the communist hammer and sickle symbol. TRANSGENDER AND INTERSEX PEOPLE In May, Ahmad Mushaddeq, Andry Cahya Discrimination increased against LGBTI and Mahful Muis Tumanurung, former people after officials made inflammatory, leaders of the disbanded religious group, grossly inaccurate or misleading statements Gafatar, were arrested and later charged with in January on the grounds of “defending the blasphemy under Article 156a of the Criminal country’s public morality and public Code, and with “rebellion” under Articles 107 security”. In February, police disbanded a and 110 of the Code. They were penalized for workshop organized by a leading LGBTI NGO peacefully practising their beliefs. in Jakarta and prevented a pro-LGBTI rally Vague language in the 2008 Electronic from taking place in Yogyakarta.4 In the same Information and Transaction (ITE) Law month, the Indonesian Broadcasting allowed for the wide interpretation of Commission issued a letter calling for a ban definitions of defamation and blasphemy, and on any television or radio broadcasts the criminalization of expression. Haris Azhar, promoting LGBTI activities, to “protect the Executive Coordinator of the human rights children”. NGO KontraS, was threatened by the police, Also in February, amid increasing anti- the military and the National Anti-Narcotics LGBTI rhetoric, the Islamic school for Agency with defamation charges under the transgender people, Al in Yogyakarta, Law. This followed an article he published on was forced to close following intimidation and social media linking security and law threats by the Islamic Jihadist Front. In June, enforcement officials to drug trafficking and the government voted against a resolution by corruption. The charges were suspended.1 In the UN Human Rights Council, and again at August, Pospera, a pro-ruling party the UN General Assembly in November, to organization, filed a criminal defamation appoint an independent expert on violence complaint under the ITE Law against I Wayan and discrimination based on sexual Suardana, a human rights defender from orientation and gender identity. Bali. The complaint was made in response to I Wayan Suardana’s using Twitter to mock FREEDOM OF RELIGION AND BELIEF supporters of a large-scale land reclamation Discriminatory legislation continued to be project by a commercial developer in Benoa used to restrict the activities of members of Bay, southern Bali.2 The police were still minority religious groups who faced investigating the complaint at the end of the harassment, intimidation and attacks. In year. At least 11 other activists were reported January, a mob set alight nine houses to the police by state or non-state actors for belonging to members of the Gafatar criminal defamation under the ITE Law after movement in Menpawah District, West the activists criticized government policies. Kalimantan. After the attacks, at least 2,000 Between April and September, at least people were forcibly moved by local security 2,200 Papuan activists were arrested after forces to temporary shelters in Kubu Raya

188 Amnesty International Report 2016/17 District and Pontianak City, West Kalimantan against humanity occurred, as defined in Law Province, and later transferred to locations on No.26/2000 on Human Rights Courts. The Java without prior consultation. Commission made similar findings in June in In February, a Joint Ministerial decree (No. connection with security force violations in 93/2016) was issued by the Minister of 1999 in Simpang KKA, Dewantara sub- Religious Affairs, the Attorney General and district, North Aceh. No criminal the Minister of Home Affairs proscribing the investigations or prosecutions had been Millah Abraham religious belief, adhered to initiated by the end of the year. by former members of Gafatar.5 In July the local Aceh provincial parliament Members of the Ahmadiyya community, selected seven commissioners to the Aceh whose teachings are viewed as “deviant” by Truth and Reconciliation Commission, which the government, were intimidated and was expected to operate between 2016 and threatened in various locations.6 In February, 2020. The Commission was established to at least 12 members were forced to leave examine the circumstances which led to past their homes in Bangka Island, off the east abuses during the Aceh conflict between the coast of Sumatra, after being intimidated by a Indonesian security forces and the Free Aceh group of at least 100 local residents. Movement, in particular between 1989 Members of the Ahmadiyya community had and 2004. been under threat of expulsion since January In September, President Widodo made a when the Bangka District government issued public pledge to resolve the case of human an order that they convert to mainstream rights defender Munir Said Thalib. In Sunni Islam or leave the district. Local October, the Public Information Commission authorities allowed them to return after three ruled that the 2005 report into his killing, weeks following national and international which reportedly implicated senior pressure. intelligence officers, should be made public. The government appealed against the ruling. IMPUNITY In April, the government organized a POLICE AND SECURITY FORCES symposium on the 1965-66 mass human Reports continued of unnecessary or rights violations that brought together excessive use of force, including the use of survivors, scholars, activists and artists, as firearms, by police and military, and of the well as military and other government lack of independent, effective and impartial officials. In October, the government mechanisms to investigate violations by announced that it would redress the security forces. Criminal investigations into violations using non-judicial measures to human rights violations by police were rare, ensure “national harmony and unity”. Victims and attempts to hold alleged perpetrators to and NGOs raised concerns that this process account, mostly through internal disciplinary may prioritize reconciliation while abandoning mechanisms, left many victims without the quest for truth and justice. Authorities access to justice and reparation. There was continued to silence and disband activities no progress towards holding to account those relating to 1965-66, including a film involved in the killing of four men in screening and a cultural festival.7 December 2014 after police and military The authorities took limited steps to personnel opened fire on a crowd of address serious human rights violations. In protesters in Paniai regency, Papua Province. March, the National Human Rights An inquiry in March by Komnas HAM made Commission completed its investigations into no progress. the 2003 human rights violations by security In April, the then chief of the Indonesia forces in Jambo Keupok village, South Aceh. National Police confirmed that an alleged The Commission found that there was terrorism suspect had died after being sufficient evidence to conclude that crimes assaulted and kicked by members of the

Amnesty International Report 2016/17 189 Detachment-88 counter-terrorism unit. In Article 156a of the Criminal Code and May, two members of Detachment 88 “rebellion” under Articles 107 and 110. received administrative sanctions after an internal police hearing. TORTURE AND OTHER ILL-TREATMENT In August, officers of the Mobile Brigade Reports of torture and other ill-treatment (Brimob) shot dead a Papuan teenager in continued. In September, Asep Sunandar Sugapa, Intan Jaya regency, Papua Province. died in police custody in Cianjur, West Java Otianus Sondegau and four others created a Province. He had been arrested, with two road block to ask for money and cigarettes others, without a warrant, by three officers of from passing traffic. Police attempted to the Cianjur Resort police. He was taken to an disperse the blockade violently and fired undisclosed location and later reported dead. shots at the five teenagers at which point they His family said that when they visited the threw stones at the police. Five officers were hospital, they saw multiple gunshot wounds found guilty of “misusing firearms” after to his body and his hands still tied behind his internal disciplinary hearings; four served 21- back. No investigation into the death is day prison sentences and another was known to have been carried out. sentenced to a year in prison related to the shooting. Cruel, inhuman or degrading punishment In October, members of the Madiun Caning was used as a punishment under Infantry 501 Raider Battalion attacked a Shari’a law in Aceh for a range of criminal journalist from NET TV who was covering a offences including selling alcohol, consensual brawl between members of a military unit relations, and being alone with someone of and a martial arts group in Madiun, East Java the opposite sex who was not a marriage Province. They beat him, destroyed his partner or relative. At least 100 people were camera’s memory card and threatened him if caned during the year. The law was applied he reported the incident. Despite promises by to non-Muslims for the first time in April the Armed Forces chief to investigate the when a Christian woman received 28 strokes attack, no one had been held to account at of the cane for selling alcohol.9 the end of the year. In October, the House of Representatives ratified Government Regulation in Lieu of Law PRISONERS OF CONSCIENCE (Perppu) No.1/2016, which amended Article At least 38 prisoners of conscience remained 81 of Law No.23/2002 on the Protection of in detention, many for their peaceful political Children. The revised law imposed forced activism in Papua and Maluku. Prison chemical castration as an additional authorities delayed access to adequate and punishment for those convicted of sexual free medical treatment to Johan Teterissa and violence against a child under 18. According Ruben Saiya who were suffering long-term to the revised law, chemical castration would health conditions. The two men were among be carried out for up to two years after the at least nine prisoners of conscience from expiry of the offender’s prison term. The Maluku held in Java, more than 2,500km Indonesian Doctors’ Association stated that it from family and friends. Steven Itlay, would refuse to administer the procedure. imprisoned in Timika, Papua, suffered ill health as a result of poor conditions and was DEATH PENALTY granted only limited access to his family and In July, one Indonesian national and three lawyer.8 foreign nationals were executed, three of In May, three leaders of the Millah them while their appeals were pending. Ten Abraham religious group were arrested and other prisoners who had been moved to Nusa detained by the Indonesian National Police Kambangan Island, where the executions and were charged with “blasphemy” under took place, were given last-minute stays of execution to allow for a review of their cases.

190 Amnesty International Report 2016/17 the Special Rapporteur entry to Iran and to 1. Indonesia: Defamation investigation suspended (ASA 21/4734/2016) prevent access by other UN human rights 2. Indonesia: Defender under investigation for defamation (ASA experts. 21/4833/2016) The government and the EU discussed 3. Indonesia: End mass arrests and crackdowns on peaceful protests initiating a renewed bilateral human rights (ASA 21/3948/2016) dialogue. 4. Indonesia: Stop inflammatory and discriminatory statements that put the LGBTI community at risk (ASA 21/3648/2016) INTERNATIONAL SCRUTINY 5. Indonesia: Authorities must repeal joint ministerial decree (ASA 21/3787/2016) The UN Committee on the Rights of the Child conducted its third and fourth periodic review 6. Indonesia: Religious minority members forcibly evicted (ASA 21/3409/2016) of Iran and criticized continued executions of juvenile offenders, and the impact of public 7. Indonesia: President must not undermine efforts to seek truth, justice and reparation (ASA 21/3671/2016) executions on the mental health of children 8. Indonesia: Poor prison conditions for Papuan activist (ASA who witnessed them. The Committee also 21/4085/2016) criticized continued discrimination against 9. Indonesia: End caning as a punishment in Aceh (ASA 21/3853/2016) girls; children of religious and ethnic minorities; lesbian, gay, bisexual, transgender and intersex (LGBTI) children; and the low age at which girls in particular become IRAN criminally liable. Islamic Republic of Iran FREEDOMS OF EXPRESSION, Head of state: Ayatollah Sayed Ali Khamenei (Supreme Leader of the Islamic Republic of Iran) ASSOCIATION AND ASSEMBLY Head of government: Hassan Rouhani (President) The authorities cracked down further on the rights to freedom of expression, association and peaceful assembly, arbitrarily arresting The authorities heavily suppressed the and imprisoning peaceful critics on vague rights to freedom of expression, association, national security charges. Those targeted peaceful assembly and religious belief, included human rights defenders, journalists, arresting and imprisoning peaceful critics lawyers, bloggers, students, trade union and others after grossly unfair trials before activists, film makers, musicians, poets, Revolutionary Courts. Torture and other ill- women’s rights activists, ethnic and religious treatment of detainees remained common minority rights activists, and environmental and widespread, and were committed with and anti-death penalty campaigners. impunity. Floggings, amputations and other As the year closed, many prisoners of cruel punishments continued to be applied. conscience undertook hunger strikes to Members of religious and ethnic minorities protest against their unjust imprisonment, faced discrimination and persecution. exposing the abusive nature of Iran’s criminal Women and girls faced pervasive violence justice system. and discrimination. The authorities made The authorities intensified their repression extensive use of the death penalty, carrying of human rights defenders, sentencing them out hundreds of executions, some in public. to long prison terms for their peaceful At least two juvenile offenders were activities. Courts increasingly cited criticism executed. of Iran’s human rights record on social media and communicating with international human BACKGROUND rights mechanisms, particularly the UN In March, the UN Human Rights Council Special Rapporteur on Iran and human rights renewed the mandate of the UN Special organizations based abroad including Rapporteur on the situation of human rights Amnesty International as evidence of in Iran. The government continued to deny

Amnesty International Report 2016/17 191 “criminal” activism deemed threatening to that included “membership of an illegal national security. group”. The authorities also cracked down on The authorities continued to suppress musical expression, disrupting and forcibly peaceful protests and subject protesters to cancelling performances, including some beatings and arbitrary detention. Numerous licensed by the Ministry of Culture and individuals remained convicted of “gathering Islamic Guidance; and repressed activities and colluding against national security” for such as private mixed-gender parties that attending peaceful protests. they deemed “socially perverse” or “un- A new Law on Political Crimes, which was Islamic”, arresting hundreds and sentencing adopted in January and took effect in June, many to flogging. criminalized all expression deemed to be Opposition leaders Mehdi Karroubi and “against the management of the country and Mir Hossein Mousavi and the latter’s wife, its political institutions and domestic and Zahra Rahnavard, remained under house foreign policies” and made “with intent to arrest without charge since 2011. They were reform the affairs of the country without subject to frequent extreme intrusions on intending to harm the basis of the their privacy and inadequate access to establishment”. medical care. The authorities continued to censor all TORTURE AND OTHER ILL-TREATMENT media, jamming foreign satellite TV Torture and other ill-treatment of detainees broadcasts, closing or suspending remained common, especially during newspapers including Bahar and Ghanoun interrogation, and was used primarily to force and forcing the women’s rights magazine “confessions”. Detainees held by the Ministry Zanan-e Emrooz to suspend publication. of Intelligence and the Revolutionary Guards In February, a judicial order added were routinely subjected to prolonged solitary WhatsApp, Line and Tango to the list of confinement amounting to torture. blocked social media sites, which already The authorities systematically failed to included Facebook and Twitter. The Cyber investigate allegations of torture and other ill- Crime Unit of the Revolutionary Guards treatment, sometimes threatening to subject blocked or closed down hundreds of complainants to further torture and harsh Telegram and Instagram accounts and sentences. Judges continued to admit arrested or summoned for interrogation the “confessions” obtained under torture as administrators of more than 450 groups and evidence against the defendant, although channels in Telegram, WhatsApp and such confessions were inadmissible under Instagram, including several hundred fashion the 2015 Code of Criminal Procedure. The designers and employees of fashion Code failed to set out the procedure that boutiques, as part of a massive crackdown judges and prosecutors must follow to on social media activities deemed investigate allegations of torture and ensure “threatening to moral security”. that confessions were made voluntarily. Other The suspended Association of Iranian provisions of the Code, such as the provision Journalists addressed an open letter to guaranteeing the detainee’s right to access a President Rouhani urging him, lawyer from the time of arrest and during the unsuccessfully, to honour his 2013 election investigation stage, were frequently ignored in campaign pledge to lift its suspension, while practice, facilitating torture. 92 student groups urged the President to Judicial authorities, particularly the Office release universities from the grip of fear and of the Prosecutor, and prison authorities repression. The authorities did not permit the frequently denied access to adequate Teachers’ Trade Association of Iran to renew medical care for political prisoners, including its licence, and sentenced several of its prisoners of conscience. This was often done members to long prison terms on charges

192 Amnesty International Report 2016/17 to punish prisoners or to coerce associated with the official Legal Medicine “confessions”. Organization of Iran provided the Supreme In June, detainee Nader Dastanpour died Court with “expert” advice on how the in custody as a result of injuries that his implementation of blinding sentences was family said were inflicted during torture at a medically feasible, an act that breached Tehran police station. No independent medical ethics. investigation was reported. In April, judicial authorities at Mashhad Central Prison amputated four fingers from Cruel, inhuman or degrading punishment the right hand and the toes from the left foot Judicial authorities continued to impose and of a man convicted of armed robbery. The carry out cruel, inhuman or degrading same authorities amputated the fingers of punishments that amounted to torture, another man convicted of robbery in May. In including floggings, blindings and August, a judicial official in Tehran amputations. These were sometimes carried announced that several men had appealed out in public. after they were sentenced to amputation of In April, the Public Prosecutor of four fingers from one hand. In December, Golpayegan, Esfahan Province, announced judicial authorities at Urumieh Central Prison that a man and woman convicted of “having amputated four fingers from the right hands an illegitimate relationship” had been of two brothers convicted of armed robbery. sentenced to 100 lashes each. In May, the Public Prosecutor of Qazvin UNFAIR TRIALS Province announced that the authorities had Trials, including those resulting in death arrested 35 young women and men “dancing sentences, were generally unfair. The and mingling at a graduation party… while judiciary was not independent. The Special half-naked and consuming alcohol” and Court for the Clergy and the Revolutionary convicted them within 24 hours of engaging Courts remained particularly susceptible to in acts “incompatible with chastity which pressure from security and intelligence forces disturbed the public opinion”. The authorities to convict defendants and impose harsh carried out the 99-lash floggings to which sentences. they were sentenced at a special court Officials exercising judicial powers, hearing the same day. including from the Ministry of Intelligence In West Azerbaijan Province, authorities and Revolutionary Guards, consistently carried out flogging sentences of between 30 flouted due process provisions of the 2015 and 100 lashes against 17 miners who had Code of Criminal Procedure. These included engaged in a protest against employment provisions protecting the right to access a conditions and dismissals at the Agh Darreh lawyer from the time of arrest and during gold mine in 2014. In June, a criminal court investigations and the right to remain silent. in Yazd Province sentenced nine miners to Defence lawyers were frequently denied full floggings ranging from 30 to 50 lashes. access to case files and prevented from In July, an appeal court sentenced meeting defendants until shortly before trial. journalist and blogger Mohammad Reza Fathi Pre-trial detainees were frequently held in to 459 lashes on charges of “publishing lies” prolonged solitary confinement, with little or and “creating unease in the public mind” no access to their families and lawyers. through his writings. “Confessions” extracted under torture were In November, a man was forcibly blinded used as evidence at trial. Judges often failed in both eyes in Tehran, in retribution for to deliver reasoned judgments and the blinding a four-year-old girl in June 2009. judiciary did not make court judgments Several other prisoners including Mojtaba publicly available. Yasaveli and Hossein Zareyian remained at The Office of the Prosecutor used Article risk of being forcibly blinded. Doctors 48 of the Code of Criminal Procedure to

Amnesty International Report 2016/17 193 prevent detainees accessing lawyers of their 2A of Evin Prison despite completing, in own choosing, telling them that they were not February, a five-year sentence for “insulting on the list of lawyers approved by the Head of Islamic sanctities” for establishing the Erfan-e the Judiciary, even though no official list had Halgheh spiritual doctrine and group. His been issued. followers continued to be arbitrarily arrested Several foreign nationals and Iranians with and detained. dual nationality were detained in Tehran’s Evin Prison with little or no access to their DISCRIMINATION – ETHNIC MINORITIES families, lawyers and consular officials. These Iran’s disadvantaged ethnic minorities, prisoners were sentenced to long prison including Ahwazi Arabs, Azerbaijani Turks, terms on vague charges such as Baluchis, Kurds and Turkmen, remained “collaborating with a hostile government” subject to entrenched discrimination, after grossly unfair trials before Revolutionary curtailing their access to employment, Courts. The authorities accused the prisoners adequate housing, political office, and their of being involved in a foreign-orchestrated exercise of cultural, civil and political rights. “infiltration project” pursuing the “soft Continued economic neglect of minority- overthrow” of Iran. In reality, the convictions populated regions by state authorities further appeared to stem from their peaceful entrenched poverty and the marginalization exercise of the rights to freedom of of ethnic minorities. expression and association. Members of minorities who spoke out against violations of their political, cultural FREEDOM OF RELIGION AND BELIEF and linguistic rights faced arbitrary arrest, Members of religious minorities, including torture and other ill-treatment, grossly unfair Baha’is, Sufis, Yaresan (Ahl-e Haq), Christian trials, imprisonment, and in some cases the converts and Sunni Muslims, faced death penalty. discrimination in law and practice, including Dozens of Kurds were reportedly arrested in education, employment and inheritance, without warrant for their real or perceived and were persecuted for practising their faith. affiliations with the Kurdish Democratic Party The authorities engaged in hate speech of Iran after it renewed armed opposition to and allowed hate crimes to be committed the Iranian authorities in March. Scores of with impunity against Baha’is, and Kurds served prison sentences or remained imprisoned scores of Baha’is on trumped-up under sentence of death for membership of national security charges imposed for or sympathy with banned Kurdish opposition peacefully practising their religious beliefs. groups. Allegations of torture of 24 Baha’is in Ahwazi Arabs were imprisoned and Golestan Province were not investigated. The subjected to torture and other human rights authorities forcibly closed down dozens of violations. They complained that the Baha’i-owned businesses and detained authorities repressed expressions of Arabic Baha’i students who publicly criticized the culture, including dress and poetry. authorities for denying them access to higher Security forces continued to repress education. protests by ethnic minorities. In July and The authorities detained tens of Christian August, they detained several members of converts after raiding house churches where the Azerbaijani Turkish ethnic group after they peacefully gathered to worship. Sites largely peaceful demonstrations in several considered sacred by Baha’is, Sunni Muslims cities sparked by a report in the newspaper and Yaresan, including cemeteries and Tarheh No which Azerbaijani Turks deemed places of worship, were destroyed by men offensive. Police also beat protesters. believed to be affiliated with security forces. The authorities continued to prohibit Spiritual teacher Mohammad Ali Taheri ethnic minority groups from using their own remained in solitary confinement in Section language in primary education. In June the

194 Amnesty International Report 2016/17 government announced that optional Turkish Family Affairs pushed a draft bill that had and Kurdish language courses would be been pending since 2012. offered in schools in two provinces, Kurdistan Compulsory “veiling” (hijab) laws, which and West Azerbaijan, although violated women’s rights to equality, privacy, implementation remained unclear. Members and freedoms of expression, belief and of the Turkmen minority publicly appealed to religion, continued to empower police and President Rouhani for a similar dispensation. paramilitary forces to target women for harassment, violence, and imprisonment. WOMEN’S RIGHTS The authorities renewed their crackdown on DEATH PENALTY women human rights defenders and The authorities continued to use the death increasingly likened any collective initiative penalty extensively, including against juvenile relating to feminism and women’s rights to offenders. Hundreds of executions were criminal activity. Women’s rights activists who carried out after unfair trials. Some had campaigned for greater representation of executions were conducted in public. women in the February parliamentary Those executed were mostly sentenced for elections were subjected by the Revolutionary drugs offences that did not meet the Guards to lengthy, oppressive interrogations, threshold of “most serious crimes” under and threats of imprisonment on national international human rights law. The Supreme security charges. Court ruled that those sentenced for drugs Women remained subject to pervasive offences prior to the adoption of the 2015 discrimination in law and practice, including Code of Criminal Procedure had the right to in access to divorce, employment, equal appeal, but many death row prisoners inheritance and political office and in the remained unaware of this development. area of criminal law. Others were sentenced for murder, or on Several draft laws that would further erode vague offences such as “enmity against women’s right to sexual and reproductive God”. health remained pending. Women continued Following the mass execution of 25 Sunni to have reduced access to affordable modern men in August, the authorities broadcast contraception as the authorities failed to forced “confession” videos, apparently to restore the budget of the state family demonize the men and divert attention from planning programme cut in 2012. the deeply flawed trials that led to their death In September, Supreme Leader Ali sentences. At least two men convicted of Khamenei issued national family policies “insulting the Prophet” received death promoting early marriage, repeated sentences, in violation of their rights to life childbearing, fewer divorces and greater and freedoms of belief, religion and compliance to “traditional” roles of women as expression. housewives and men as breadwinners. The At least 78 juvenile offenders remained on policies raised concern that women victims of death row. They included 15 juvenile domestic violence may face further offenders who were sentenced to death for marginalization and increased pressure to the first time under the revised juvenile “reconcile” with abusers and remain in sentencing guidelines of the 2013 Islamic abusive marital relationships. Penal Code as well as several who again Women and girls remained inadequately received death sentences after they were protected against sexual and other gender- retried. based violence, including early and forced Amnesty International was able to confirm marriage. The authorities failed to adopt laws the execution of two juvenile offenders during criminalizing these and other abuses, the year, among them Hassan Afshar, including marital rape and domestic violence, although the total number could be much although the Vice-President on Women and higher.

Amnesty International Report 2016/17 195 The Islamic Penal Code continued to 12,388 injuries among civilians during the provide for stoning as a method of execution; year, according to the UN. at least one woman, Fariba Khaleghi, Prime Minister al-Abadi issued Order 91 in remained under a sentence of death by February and Parliament passed a law in stoning. November designating the Popular Some consensual same-sex sexual Mobilization Units (PMU), established in conduct remained punishable by death. June 2014 and comprising mostly Shi’a paramilitary militias, as a “military formation and part of the Iraqi armed forces”. In August, Parliament passed the General IRAQ Amnesty Law. It did not cover certain types of Republic of Iraq crimes, such as terrorist acts that resulted in Head of state: Fuad Masum death or permanent injury; but it provided a Head of government: Haider al-Abadi right of judicial review for those convicted under the Anti-Terrorism Law and other laws Government forces, paramilitary militias in cases where court verdicts were based on and the armed group Islamic State (IS) “confessions” extracted under “duress”. committed war crimes, other violations of Anti-government protesters calling for international humanitarian law and gross institutional reform and an end to corruption human rights abuses in the internal armed twice breached the heavily fortified Green conflict. IS fighters carried out execution- Zone, where the government is based, in the style killings targeting opponents and capital Baghdad. On the second occasion, 20 civilians fleeing IS-held territory, raped and May, government forces fired tear gas, rubber otherwise tortured captives, used civilians bullets and stun grenades to disperse as human shields and used child soldiers. protesters, leading to four deaths. The Militias extrajudicially executed, forcibly authorities announced an investigation but disappeared and tortured civilians fleeing disclosed no information about its outcome or conflict, and destroyed homes and other any prosecutions. A proposed law restricting civilian property. Thousands remained the right to freedom of peaceful assembly detained without trial on suspicion of links was tabled for discussion by Parliament in to IS. Torture in detention remained rife. July, but withdrawn following a public outcry. Courts sentenced terrorism suspects to The remaining Iranian political exiles, who death, frequently after unfair trials. were residents of Camp Liberty in Baghdad, Executions continued at a high rate. were resettled outside Iraq by late September. On 4 July, the camp had come BACKGROUND under rocket attack leading to injuries and Armed conflict continued between IS and an material damage. array of Iraqi government forces, paramilitary militias and Peshmerga (Kurdish armed ARMED CONFLICT – VIOLATIONS BY forces), supported by US-led international MILITIAS AND GOVERNMENT FORCES coalition air strikes. IS held areas of Paramilitary militias and government forces northwestern and western Iraq, but lost committed war crimes and other violations of significant territory during the year, including international humanitarian law and human Falluja in June, al-Qayyara in August and rights law, mostly against members of the Sharqat in September. Military operations to Sunni Arab community. They carried out recapture Mosul, the largest remaining IS extrajudicial executions, other unlawful stronghold, were continuing at the end of the killings and torture, forcibly disappeared year. hundreds of men and boys, and deliberately The armed conflict, car bombings and destroyed homes and property. other violence led to 6,878 fatalities and

196 Amnesty International Report 2016/17 Following a suicide bombing that killed 27 perceived opponents and those suspected of men and injured 41 others in Muqdadiya on collaborating with government forces. IS 11 January, militias carried out revenge fighters carried out abductions, including of attacks against the Sunni community, civilians, and systematically tortured captives. abducting and killing dozens of men and IS imposed a draconian code of conduct and burning and destroying Sunni mosques, severely punished infractions. Its self- shops and other property. declared “courts” ordered stoning for On 3 June, PMU militias abducted an “adultery” and floggings and other corporal estimated 1,300 men and boys fleeing punishments against inhabitants for smoking, Saqlawiya, north of Falluja. Three days later, failing to adhere to the IS-imposed dress 605 men reappeared bearing marks of code or other IS rules. IS imposed severe torture, while the fate of 643 remained restrictions on the use of telephones and the unknown. An investigative committee internet and on women’s freedom of established by the Governor of Anbar found movement. IS prevented civilians from fleeing that 49 had been killed by being shot, areas it controlled, and used civilians as tortured or burned to death. On 30 May, at human shields. Fighters shot at those least 12 men and four boys who were fleeing attempting to escape, destroyed their al-Sijir, north of Falluja, were extrajudicially property and carried out revenge attacks executed. Prime Minister al-Abadi against relatives left behind. The group established a committee to investigate indoctrinated and recruited boys, including abuses, but the authorities did not disclose Yazidi captives, using them in battles and any outcome or report any criminal process suicide attacks. In October, IS used chemical against the perpetrators. weapons to attack the town of al-Qayyara The PMU and Tribal Mobilization militias, after it had been recaptured by Iraqi forces, composed of Sunni fighters, were reported to leading to burns and other injuries among have recruited children and used them in civilians. fighting against IS. The authorities took no steps to clarify the VIOLENCE AGAINST WOMEN AND GIRLS whereabouts and fate of thousands of Sunni Women and girls faced discrimination in law Arab men and boys who remained forcibly and practice, and were inadequately disappeared after being seized from their protected from sexual and other gender- homes, at checkpoints, and from camps for based violence. An estimated 3,500 Yazidis internally displaced persons (IDPs) by militias captured in Iraq remained in IS captivity in and government forces in previous years. Iraq and Syria and were subjected to rape and other torture, assault and enslavement. ABUSES BY ARMED GROUPS Those who managed to escape or were freed IS killed and injured civilians throughout Iraq after their relatives paid ransoms received in suicide bombings and other deadly attacks inadequate psychological and material that were indiscriminate or deliberately support; several committed or attempted targeted civilians in crowded markets, Shi’a suicide. religious shrines and other public spaces. IS particularly targeted locations within ARBITRARY ARRESTS AND DETENTIONS Baghdad. All males considered to be of fighting age A series of attacks in May across Baghdad, (roughly 15 to 65) fleeing territories mainly in predominantly Shi’a controlled by IS underwent security neighbourhoods, killed 150 people and screenings by security forces at makeshift injured 214, mostly civilians, according to detention facilities or temporary reception officials and media reports. sites, where they were held for days or In areas under its control, IS fighters months in often dire conditions. Those carried out execution-style killings of suspected of terrorism were transferred into

Amnesty International Report 2016/17 197 the custody of security agencies such as the guilt and to cross-examine prosecution Anti-Crime Directorate or Anti-Terrorism witnesses. Courts continued to admit into Directorate, or the General Intelligence evidence torture-tainted “confessions” branch of the Ministry of the Interior, where without ordering investigations into they were at risk of torture and other ill- defendants’ claims or referring them for treatment and frequently denied contact with forensic examination. Some of those families and lawyers. convicted after unfair trials were sentenced to Security forces and militias arrested death. alleged terrorism suspects without judicial warrant from their homes, checkpoints and REFUGEES AND INTERNALLY IDP camps, failing to inform those taken or DISPLACED PEOPLE their relatives of any charges. Many were More than 3.1 million people remained held in prolonged incommunicado detention, internally displaced across Iraq, sheltering in some cases in conditions amounting to with host communities or in IDP camps, enforced disappearance, in facilities informal settlements, and buildings under controlled by the Ministries of the Interior and construction. Many were destitute and lived Defence or secret detention centres, where in dire conditions, while humanitarian they were interrogated by security officers agencies reported significant shortfalls in without lawyers present. Thousands international funding. Thousands fled across remained in detention without appearing the border to Syria. before judicial authorities or being referred The Iraqi authorities and those of the semi- for trial. autonomous Kurdistan Regional Government (KRG) imposed arbitrary and discriminatory TORTURE AND OTHER ILL-TREATMENT restrictions on the freedom of movement of Torture and other ill-treatment remained rife Sunni Arab IDPs. Tens of thousands in prisons, detention centres controlled by remained confined to camps with no access the Ministries of the Interior and Defence, to the job market or essential services and militia-controlled facilities. The most because they were without local sponsors frequently reported methods of torture used and therefore unable to obtain the official against detainees were beatings on the head permits required to enter cities. and body with metal rods and cables, Tens of thousands of IDPs were able to suspension in stress positions by the arms or return home to areas that government and legs, electric shocks and threats of rape of allied forces recaptured from IS, including female relatives. Torture appeared to be the cities of Ramadi and Falluja, after carried out to extract “confessions”, obtain completing onerous security checks. information and punish detainees. Several However, tens of thousands of Sunni Arab detainees died in custody as a result of IDPs from areas recaptured from IS in Babil, torture. Diyala and Salah al-Din governorates were In October, Tribal Mobilization fighters prevented from returning home through a subjected villagers from south of Mosul, mix of onerous bureaucratic procedures, and suspected of links to IS, to beatings with intimidation tactics by militias, including metal cables, public humiliation and use of abductions, arbitrary detention and electric-shock weapons. extrajudicial executions. Relatives of suspected IS fighters were barred from UNFAIR TRIALS returning and some had their homes The criminal justice system remained deeply deliberately destroyed or appropriated. flawed and trials were systematically unfair. Peshmerga and other Kurdish security forces Defendants, in particular terrorism suspects, also prevented tens of thousands of Arab were routinely denied the rights to adequate residents of KRG-controlled areas, displaced defence, to not incriminate oneself or confess by the conflict, from returning home.

198 Amnesty International Report 2016/17 and co-workers reported that he was FREEDOM OF EXPRESSION – previously questioned by the Asayish MEDIA WORKERS (security forces) in Dohuk and had received Journalists worked in a dangerous and at death threats. The authorities announced an times deadly environment, and reported investigation two days after his killing but had physical assaults, abduction, intimidation, disclosed no outcome by the end of the year. harassment and death threats for covering Asayish and other Kurdish security forces topics deemed sensitive, including corruption detained thousands of terrorism suspects, and militia abuses. mainly Sunni Arab men and boys, amid Media workers Saif Talal and Hassan al- severe delays in referring them to the Anbaki from the al-Sharkia TV channel were judiciary, denial of family visits for prolonged shot dead on 12 January in northwestern periods of time, and other breaches of due Diyala while returning from covering a suicide process. In October, the KRG authorities said bombing in Muqdadiya and revenge attacks that the Asayish Ghishti (General Security by militias targeting Sunni Arabs. The Agency) and the Asayish branch in Erbil had channel accused unidentified militiamen, but arrested 2,801 terrorism suspects since the the authorities failed to adequately investigate beginning of the year. the killing of the media workers. Bassema Darwish, a Yazidi survivor of IS In April, the Iraqi Communications and captivity, remained detained without trial in Media Commission shut down al-Jazeera’s Erbil since her arrest in October 2014 in the Baghdad bureau, accusing the channel of town of Zummar when it was recaptured by “incit[ing] sectarianism and violence”. In Peshmerga forces from IS. The authorities March, the authorities closed the Baghdadia accused her of complicity in the killing of TV Channel’s offices in Iraq purportedly for three Peshmerga officials, but denied her the operating illegally without a licence. The right to a lawyer of her own choosing and channel had published articles on failed to conduct an independent government corruption and pro-reform investigation into allegations that General protests, and had been subjected to several Security Directorate officials in Dohuk closures in recent years. tortured her after her arrest. Courts in the Kurdistan Region of Iraq KURDISTAN REGION OF IRAQ continued to pass death sentences for Media workers, activists and politicians terrorism-related offences; no executions critical of the ruling Kurdistan Democratic were carried out. Party (KDP) faced harassment and threats and some were expelled from Erbil DEATH PENALTY governorate. No progress was made in Courts sentenced dozens to death by conducting investigations into the killings in hanging; scores of executions were carried previous years of journalists and other out. Public and political pressure on the perceived critics and opponents of the authorities to execute “terrorists” mounted Kurdish authorities. following a suicide bombing in the Karrada On 13 August, relatives collected the body neighbourhood of Baghdad on 2 July that of Wedad Hussein Ali, a journalist who killed nearly 300 people, mostly civilians. A worked for a publication seen as supporting militia leader threatened to kill death row the Kurdish Workers’ Party (PKK). The body inmates at Nasriya Prison if the government bore injuries indicating that he had been failed to act. On 12 July, President Masum tortured, including deep lacerations to the ratified a law amending the Code of Criminal head. Witnesses told his family that he had Procedures to limit the possibility of retrials, been found alive earlier that day in a village aimed at speeding up the execution process. west of Dohuk after unidentified men seized On 21 August, the government announced him from the street at gunpoint. His family the execution of 36 men convicted of

Amnesty International Report 2016/17 199 participating in the massacre by IS fighters of exacerbated by the stigma caused by the up to 1,700 Shi’a cadets at the Speicher criminalization of abortion. On 30 November, military training camp in June 2014, after the government agreed to provide the President Masum ratified their death complainant, Amanda Mellet, with sentences. They were convicted after a trial compensation and counselling. of only a few hours’ duration marred by A Citizens’ Assembly, comprising 99 breaches of the right to a fair trial, including randomly selected members of the public the court’s failure to adequately investigate and established by the government to make the defendants’ allegations that their pre-trial recommendations on constitutional reform, “confessions” were extracted under torture. including on abortion, held its first meetings in October and November. HOUSING RIGHTS IRELAND In January, the government referred the right Republic of Ireland to housing to a parliamentary committee, Head of state: Michael D. Higgins responding partially to the 2014 Head of government: Enda Kenny recommendation of the government- established Constitutional Convention. Access to and information about abortion However, it chose not to task the same remained severely restricted and committee with examining the full criminalized. Travellers’ rights to adequate recommendation that the Constitution be housing were violated. Concerns remained amended to incorporate economic, social about “direct provision” accommodation and cultural rights. This was despite the fact provided to asylum-seekers. that as recently as 2015 the UN Committee on Economic, Social and Cultural Rights SEXUAL AND REPRODUCTIVE RIGHTS reiterated its recommendation that the In February, the UN Committee on the Rights government take all appropriate measures to of the Child expressed concern that ensure the direct applicability of provisions in legislation allowed abortion only where a girl’s the International Covenant on Economic, life is at “real and substantial risk”, and Social and Cultural Rights, including through prevented doctors from providing services in incorporation of the Covenant in its domestic accordance with objective medical practice. legal order. The Committee called on Ireland to The shortage of state housing and private decriminalize abortion in all circumstances rental accommodation contributed to and review its legislation to ensure children’s homelessness. The Committee on the Rights access to safe abortion and post-abortion of the Child expressed deep concern at care. It also found a “severe lack of access to reports that homeless families experienced sexual and reproductive health education significant delays in accessing social housing, and emergency contraception for frequently living long-term in inappropriate, adolescents”. temporary or emergency accommodation. In June, the UN Human Rights Committee decided in Mellet v Ireland that Ireland’s DISCRIMINATION abortion laws violated a woman’s right to be Travellers and Roma free from inhuman or degrading treatment, In May, the European Committee of Social and to enjoy privacy and non-discrimination. Rights ruled, in European Roma Rights The complainant had to travel to the UK for Centre v Ireland, that Travellers faced a an abortion, despite a diagnosis of a fatal violation of their right to social, legal and fetal impairment causing her “intense economic protection on the grounds of physical and mental suffering”. The insufficient provision of accommodation, poor Committee found that the suffering was conditions of many sites and inadequate

200 Amnesty International Report 2016/17 safeguards when threatened with and during undertook to resettle another 260 refugees evictions. from Lebanon. The UN Committee on the Rights of the Child raised concerns over structural National security deportation discrimination against Traveller and Roma In July, the authorities deported a man to children, including in their access to Jordan, deeming him a national security education, health and an adequate standard threat for allegedly organizing and facilitating of living. travel of people to join the armed group Islamic State (IS). He faced the risk of torture Sex workers and other ill-treatment in Jordan. His A government bill which proposed to applications to the Irish courts and the criminalize the purchase of sex, fails to take European Court of Human Rights to prevent adequate account of sex workers’ needs and his deportation were unsuccessful.1 views or international evidence that criminalization increases their isolation and 1. Ireland: Deportation to Jordan would risk backsliding on absolute ban marginalization, and violates their safety and on torture (News story, 6 July) human rights. The bill did not fully decriminalize sex workers but maintained and even increased penalties for brothel- keeping and loitering offences that are ISRAEL AND THE frequently used against sex workers. OCCUPIED REFUGEES’ AND ASYLUM-SEEKERS’ RIGHTS PALESTINIAN Provisions in 2015 legislation which established a single procedure for dealing with both claims for refugee status and other TERRITORIES forms of protection came into force on 31 State of Israel December. Head of state: Reuven Rivlin Concerns remained about the poor living Head of government: Benjamin Netanyahu conditions in “direct provision” accommodation centres for asylum-seekers and the slow implementation of Israeli forces unlawfully killed Palestinian recommendations for improvement set out in civilians, including children, in both Israel a government-established working group’s and the Occupied Palestinian Territories 2015 report. Concerns highlighted by the (OPT), and detained thousands of UN Committee on the Rights of the Child, Palestinians from the OPT who opposed included inadequate child protection Israel’s continuing military occupation, services, access to education, and holding hundreds in administrative inappropriate clothing and food. detention. Torture and other ill-treatment of detainees remained rife and was committed Resettlement and relocation with impunity. The authorities continued to The Department of Justice and Equality promote illegal settlements in the West confirmed that by the end of the year, only Bank, including by attempting to 240 of the 2,622 asylum-seekers agreed for retroactively “legalize” settlements built on relocation from the EU in 2015 had arrived in private Palestinian land, and severely Ireland; 519 of 520 Syrian refugees agreed restricted Palestinians’ freedom of for resettlement from the Middle East, movement, closing some areas after attacks however, had arrived. In July, Ireland by Palestinians on Israelis. Israeli forces continued to blockade the Gaza Strip,

Amnesty International Report 2016/17 201 subjecting its population of 1.9 million to collective punishment, and to demolish FREEDOM OF MOVEMENT – GAZA homes of Palestinians in the West Bank and BLOCKADE AND WEST BANK of Bedouin villagers in Israel’s Negev/Naqab RESTRICTIONS region, forcibly evicting residents. The Israel’s military blockade of the Gaza Strip authorities imprisoned conscientious entered its 10th year, continuing the objectors to military service and detained collective punishment of Gaza’s entire and deported thousands of asylum-seekers population. Israeli controls on the movement from Africa. of people and goods into and from Gaza, combined with Egypt’s almost total closure of BACKGROUND the Rafah border crossing and funding Israeli-Palestinian relations remained tense. shortages, damaged Gaza’s economy and International efforts to revive negotiations hindered post-conflict reconstruction. Some failed, with Israel continuing to develop illegal 51,000 people were still displaced from the settlements on territory it occupied. In 2014 war, and unexploded ordnance from December the UN Security Council passed a that conflict continued to cause civilian resolution calling on Israel to cease all deaths and injuries. The number of settlement activities in the West Bank. Palestinians leaving Gaza via the Erez In June the government announced a Crossing declined during the year, as the reconciliation agreement between Israel and Israeli authorities denied, delayed or revoked Turkey which saw the two countries restore permits for businesspeople, staff of diplomatic relations. Israel agreed to pay international organizations, and medical compensation to the families of Turkish patients and their companions. citizens killed by Israeli forces when they Israeli forces maintained a “buffer zone” intercepted the humanitarian aid ship Mavi inside Gaza’s border with Israel and used live Marmara in 2010. fire and other weapons against Palestinians In September the government of the USA who entered or approached it, killing four and agreed to increase its military aid to Israel to wounding others. Israeli forces also fired at $3.8 billion annually for 10 years from 2019. Palestinian fishermen in or near the The year saw stabbing, car-ramming, “exclusion zone” that they maintained along shooting and other attacks by Palestinians on Gaza’s coastline. Israelis in the West Bank and in Israel. The In the West Bank, the Israeli authorities attacks, mostly carried out by Palestinians severely restricted the movement of unaffiliated to armed groups, killed 16 Israelis Palestinians on a discriminatory basis, and one foreign national, mostly civilians. particularly around illegal Israeli settlements Israeli forces killed 110 Palestinians and two and near the fence/wall. In response to foreign nationals during the year. Some were Palestinian attacks on Israelis, the military killed unlawfully while posing no threat to life. authorities imposed collective punishment, Palestinian armed groups in Gaza revoking permits of attackers’ family periodically fired indiscriminate rockets and members to work in Israel and closing off mortars into Israel, without causing deaths or entire areas and villages. serious injuries. Israeli forces responded with air strikes and artillery fire, killing three ARBITRARY ARRESTS AND DETENTIONS Palestinian civilians, including two children, The authorities detained or continued to in Gaza. imprison thousands of Palestinians from the OPT, holding most of them in prisons in Israel, in violation of international law. Many prisoners’ families, particularly those in Gaza, were not permitted entry to Israel to visit their relatives in prison. The Israeli authorities

202 Amnesty International Report 2016/17 continued to arrest hundreds of Palestinian methods included beatings, slapping, painful children in the West Bank including East shackling, sleep deprivation, use of stress Jerusalem. Many were subjected to abuse by positions and threats. Although complaints Israeli forces including beatings and threats. alleging torture by ISA officers have been The authorities held hundreds of handled by the Ministry of Justice since Palestinians, including children, under 2014, and more than 1,000 had been filed renewable administrative detention orders since 2001, no criminal investigations were based on information that they withheld from opened. Complaints that the Israeli police the detainees and their lawyers. The used torture or other ill-treatment against numbers held under such orders since asylum-seekers and members of the October 2015 were the highest since 2007; Ethiopian community in Israel were also more than 694 were held at the end of April common. 2016 (the last month for which reliable data The UN Committee against Torture was available). Some detainees undertook conducted its fifth periodic review of Israel, lengthy protest hunger strikes; Palestinian criticizing continued reports of torture and detainee Bilal Kayed remained on hunger other ill-treatment, impunity, and the strike for 71 days. He was released without authorities’ failure to proscribe torture as a charge in December. Anas Shadid and crime under the law. Israeli officials noted Ahmad Abu Farah ended their hunger strike that legislation criminalizing torture was being on 22 December after 90 days without food. drafted by the Ministry of Justice, but it was Three Israeli Jews held as administrative not put before the Knesset (parliament). detainees were released. In September the High Court upheld a The authorities gave circus performer 2015 law allowing the authorities to force- Mohammed Faisal Abu Sakha two additional feed hunger-striking detainees; the law was six-month administrative detention orders in not used in 2016. June and December, based on secret evidence. His first six-month detention order UNLAWFUL KILLINGS had been issued in December 2015. Israeli soldiers, police and security guards Palestinians from the West Bank who were killed at least 98 Palestinians from the OPT in charged with protest-related and other the West Bank, including East Jerusalem; offences faced unfair military trials, while eight in the Gaza Strip; and three in Israel. In Israeli civilian courts trying Palestinians from addition, one Palestinian citizen of Israel, the Gaza Strip issued harsh sentences, even responsible for killing three Israelis in Tel Aviv for minor offences. on 1 January, was killed by Israeli police Mohammed al-Halabi, a Gaza-based inside Israel. Most of those killed were shot humanitarian worker, was denied access to while attacking Israelis or suspected of his lawyer and interrogated intensively for intending an attack. Some, including three weeks after his arrest in June. He was children, were shot when they were posing charged in August with embezzling money no immediate threat to others’ lives and from the charity World Vision and passing it appeared to be victims of unlawful killings. to Hamas, the de facto administration in Gaza. World Vision said it had not seen any Extrajudicial executions substantive evidence to support the charge. Some of those killed appeared to have been victims of extrajudicial executions. They TORTURE AND OTHER ILL-TREATMENT included 16-year-old Mahmoud Shaalan, Israeli soldiers, police and Israel Security shot dead by Israeli soldiers at a Ramallah Agency (ISA) officers subjected Palestinian checkpoint in February; Mohammed Abu detainees, including children, to torture and Khalaf, killed in February by Israeli border other ill-treatment with impunity, particularly police in East Jerusalem; and Maram Abu on arrest and during interrogation. Reported Ismail and her 16-year-old brother Ibrahim,

Amnesty International Report 2016/17 203 who were shot dead at Qalandia checkpoint illegal settlements. Police turned him away in April by private contractors employed by and threatened to arrest him when he sought the Israeli Ministry of Defence. to lodge a complaint in August. Palestinians and foreign nationals assisting EXCESSIVE USE OF FORCE human rights NGOs such as Al-Haq with Israeli forces used excessive, sometimes their work in connection with the ICC lethal, force against Palestinian protesters in received death threats. the West Bank and Gaza Strip, killing 22 and A number of prominent Israeli human injuring thousands with rubber-coated metal rights organizations and their staff, including bullets and live ammunition. Many protesters Breaking the Silence, B’Tselem and Amnesty threw rocks or other projectiles but were International Israel, were targeted by a posing no threat to the lives of well-protected government campaign to undermine their Israeli soldiers when they were shot. work. In May the authorities charged former FREEDOMS OF EXPRESSION, nuclear whistle-blower and prisoner of ASSOCIATION AND ASSEMBLY conscience Mordechai Vanunu with The authorities used a range of measures to breaching the severe and arbitrary target human rights defenders, in both Israel restrictions the authorities have imposed on and the OPT, who criticized Israel’s his rights to freedom of movement and continuing occupation of the Palestinian expression. The case was still pending at the territories. end of the year. On 11 July the Knesset passed the so- called Transparency Law, which imposed new HOUSING RIGHTS – FORCED EVICTIONS reporting requirements on organizations that AND DEMOLITIONS receive more than 50% of their funding from In the West Bank, including East Jerusalem, foreign governments, almost all of which were the Israeli authorities demolished 1,089 human rights groups or other NGOs critical of homes and other structures built without the Israeli government. Israeli permits, an unprecedentedly high Using military orders prohibiting number of demolitions, forcibly evicting more unauthorized demonstrations in the West than 1,593 people. Permits remained Bank, the authorities suppressed protests by virtually impossible for Palestinians to obtain. Palestinians and arrested and prosecuted Many of the demolitions were in Bedouin and protesters and human rights defenders. herding communities which the Israeli Following the annual “Open Shuhada Street” authorities planned to transfer against the protest in Hebron on 26 February, the residents’ wishes. The authorities also authorities prosecuted Palestinian human collectively punished the families of rights defenders Issa Amro and Farid al- Palestinians who carried out attacks on Atrash on charges that included participating Israelis by demolishing or making in a march without a permit and entering a uninhabitable 25 family homes, thereby closed military zone. They were apparently forcibly evicting their inhabitants. prosecuted on account of their peaceful The authorities also demolished hundreds exercise of the rights to freedom of of Palestinian homes and other structures expression and peaceful assembly. Issa Amro inside Israel that they said were built without also faced charges arising from his peaceful permits, mostly in Bedouin villages in the activism in previous years. Negev/Naqab region. Many of the villages For months after he filmed the extrajudicial were officially “unrecognized”. execution of Abed al-Fatah al-Sharif by an Israeli soldier on 24 March in Hebron, IMPUNITY B’Tselem volunteer Imad Abu Shamsiyeh More than two years after the end of the received death threats from Israelis in nearby 2014 Gaza-Israel conflict, in which some

204 Amnesty International Report 2016/17 1,460 Palestinian civilians were killed, many at least 21 women were killed by partners or in evidently unlawful attacks including war family members during the year. Some crimes, the Israeli authorities had indicted women were reportedly killed by abusive only three soldiers for looting and obstructing partners after police failed to afford them an investigation. In August the Military adequate protection. Advocate General announced the closure of investigations into 12 incidents, despite REFUGEES AND ASYLUM-SEEKERS evidence that some should be investigated as The authorities continued to deny asylum- war crimes. Israel’s military investigations seekers, more than 90% of whom were from were not independent or impartial, and failed Eritrea or Sudan, access to a fair and prompt to deliver justice. refugee status determination process. More In a rare move, the Israeli military than 3,250 asylum-seekers were held at the investigated, indicted and tried Elor Azaria, a Holot detention facility and at Saharonim soldier whose extrajudicial execution by Prison in the Negev/Naqab desert at the end shooting of a wounded Palestinian in Hebron of the year. was captured on film. The verdict in his case According to figures provided by the was expected to be delivered in January Ministry of Interior, there were more than 2017. Most members of the Israeli forces 37,000 Eritrean and Sudanese asylum- who committed unlawful killings of seekers in Israel as of October 2016. More Palestinians faced no repercussions. The than 18,900 asylum claims were still pending Israeli army, Ministry of Justice and police as of October 2016. also did not investigate, failed to investigate In February the Knesset passed the fourth adequately, or closed investigations into version of an amendment to the Prevention of cases of alleged unlawful killings of Infiltration Law, allowing the authorities to Palestinians by Israeli forces in both Israel detain asylum-seekers for up to one year and the OPT. without charge. Conditions in detention The authorities prosecuted several Jewish centres were reported to be severely deficient settlers for carrying out lethal attacks on due to inadequate food and medical care, Palestinians. In January, they charged two poor sanitation and overcrowding. Israelis with committing an arson attack in In September, a custody appeals tribunal July 2015 that killed three members of the in Jerusalem declared the government’s Dawabsheh family, including a child aged 18 policy of automatically rejecting the asylum months. In May, a Jerusalem court requests of Eritrean army deserters invalid, sentenced Yosef Ben David to life although thousands had been rejected on imprisonment plus 20 years after convicting that basis. him of the abduction and murder of 16-year- The authorities granted asylum to a old Palestinian Mohammed Abu Khdeir in Sudanese national for the first time in June July 2014. but continued to press thousands of The prosecutor of the ICC continued her Sudanese and Eritrean asylum-seekers, preliminary examination of allegations of including those detained at Holot, to leave crimes under international law carried out by Israel “voluntarily”. More than 2,500 were Israeli forces and Palestinian armed groups reported to have agreed to depart since 13 June 2014. The Israeli government “voluntarily” by the end of the year. The allowed an ICC delegation to visit Israel and government refused to disclose details of its the West Bank in October. reported agreements with Rwandan and Ugandan authorities, as to whether they VIOLENCE AGAINST WOMEN AND GIRLS included guarantees that asylum-seekers There were new reports of violence against who left Israel voluntarily would not be at real women, particularly within Palestinian risk of serious human rights violations, thus communities in Israel. Activists reported that violating the prohibition of refoulement.

Amnesty International Report 2016/17 205 authorities struggled to ensure they were CONSCIENTIOUS OBJECTORS looked after according to international At least five conscientious objectors to standards. military service were imprisoned. They The Italian Navy continued to lead the EU included Tair Kaminer, who was held for military operation in the southern Central almost six months, longer than any woman Mediterranean (EUNAVFOR MED Operation conscientious objector previously. Sophia). In October, the operation started training the Libyan Coastguard, notwithstanding reports that it was involved in shooting incidents against vessels carrying ITALY refugees and migrants, and that people Italian Republic rescued and returned to Libya were exposed Head of state: Sergio Mattarella to arbitrary detention and torture. Head of government: (replaced Matteo The “hotspot approach”, agreed by the EU Renzi in December) in 2015 to achieve the swift identification and screening of refugees and migrants on the Over 4,500 refugees and migrants died or point of arrival, continued to be implemented disappeared in the central Mediterranean in Italy. Under pressure from the EU to trying to reach Italy, the highest number of fingerprint all those arriving by sea, Italian victims on record, while over 181,000 authorities used arbitrary detention and reached Italy. The implementation by Italian excessive force against individuals refusing to authorities of the EU “hotspot approach” to co-operate. Several cases of ill-treatment identify and separate refugees from alleged were also reported. irregular migrants resulted in cases of Traumatized people, exhausted from their excessive use of force, arbitrary detention, journey, were hastily interviewed and were and collective expulsions. Roma continued not provided with adequate information on to suffer discrimination in access to their rights and the legal consequences of housing, with thousands living in their statements, by police officials not segregated camps and hundreds subjected trained to assess the status of those in need to forced evictions. Parliament passed of protection. Thousands deemed not to be in legislation establishing civil unions for need of protection, and therefore irregularly same-sex couples. Italy continued to fail to present on the territory, were issued with introduce the crime of torture in its criminal expulsion orders or deferred rejection orders code. requiring them to leave the country autonomously. Those issued with such REFUGEES’ AND MIGRANTS’ RIGHTS orders, effectively unable to leave Italy for Over 4,500 people were estimated to have lack of funds and documents to cross died in the central Mediterranean while borders, were left vulnerable to abuse and attempting to reach Italy on overcrowded and exploitation. unseaworthy vessels, the worst figure on Nationals of countries with which Italy record. negotiated repatriation agreements continued Over 181,000 refugees and migrants to be forcibly returned to their countries of reached Italy from North Africa – a slight origin, often within a few days from increase on previous years. The vast majority disembarkation, raising concern that they departed from Libya and were rescued at sea were not given adequate access to an asylum by the Italian Coastguard and Navy, other procedure and that they were expelled countries’ and merchant vessels and, to an without an assessment of each individual’s increasing extent, NGOs’ vessels. Of these, potential risks upon return, in breach of the over 25,700 were children travelling alone, prohibition of collective expulsions. more than twice the number of 2015. The

206 Amnesty International Report 2016/17 In August, Italian and Sudanese police The government failed to adopt the authorities signed a Memorandum of decrees required to abolish the crime of Understanding to strengthen co-operation in “illegal entry and stay”, despite being “migration management”, including through instructed to do so by Parliament in April swift repatriation procedures. While 2014. individuals seeking asylum in Italy cannot be In December, in the case of Khlaifia and returned to Sudan on the basis of this others against Italy, the European Court of agreement, the identification process Human Rights held that some Tunisian provided is so superficial that it could result migrants who had reached Italy in 2011 had in returning to Sudan people who could face been arbitrarily detained and that they had human rights violations there, in violation of been deprived of a remedy to challenge their the principle of non-refoulement. detention before being returned to Tunisia. On 24 August, a group of 40 people In November, prosecutors in Perugia, identified on the basis of the agreement as Umbria, charged seven police officials, a Sudanese nationals were repatriated from magistrate and three Kazakhstani diplomats Italy to Sudan. The group, including people with offences related to the abduction and who had fled violence in Darfur before illegal expulsion to Kazakhstan in May 2013 reaching Italy, were interrogated upon arrival of Alma Shalabayeva and Alua Ablyazova, by the Sudanese National Intelligence and wife and six-year-old daughter of Mukhtar Security Service, an agency implicated in Ablyazov, a Kazakhstani opposition politician. serious human rights violations in Sudan. In July 2013, the Italian government The reception system was hosting over retroactively rescinded the expulsion order, 176,500 people by the end of the year, acknowledging that their forced return to mostly in emergency centres. The Almaty violated Italian law. redistribution of asylum-seekers across the country continued to encounter opposition DISCRIMINATION – ROMA from some local authorities and residents. Thousands of Roma families continued to live Protests took place in several towns, often in segregated camps. Roma-only camps were organized or endorsed by far-right groups frequently located in remote areas, away from and the Lega Nord party. essential services. Living conditions in many As of mid-December about 120,000 camps remained sub-standard and often people sought asylum in Italy, up from breached national housing regulations as well 83,000 in 2015. Nigerian and Pakistani as international standards. Hundreds of nationals were the largest groups. Roma families were subjected to forced Throughout the year about 40% of applicants evictions in violation of international law. received some form of protection in the first The government‘s failure to effectively instance. implement the National Strategy for Roma The relocation scheme of asylum-seekers Inclusion with respect to housing continued. from Italy and Greece to other EU countries, Five years after its adoption, there were no adopted by the EU in September 2015, failed national plans to combat segregation in to materialize. Of the 40,000 asylum-seekers camps. Instead, authorities continued to plan who should have been relocated from Italy, and construct new camps. only 2,654 moved to other countries. No In February, in Giugliano, near Naples, unaccompanied children were relocated. €1.3 million was designated by the municipal Italy also granted humanitarian access to and regional authorities, with the Prefecture about 500 people transferred through a of Naples and the Ministry of Interior, to build scheme funded by faith-based NGOs S. a new segregated camp for the Roma then Egidio and Federation of Evangelical living in the Masseria del Pozzo camp. The Churches in Italy. Masseria del Pozzo camp was set up near landfills stocking toxic waste in 2013 to

Amnesty International Report 2016/17 207 house Roma families who had already Rome hospital in 2009, were acquitted in a suffered forced evictions. In June, following a second appeal trial ordered by the Supreme court order that the families be removed from Court. A second investigation against the Masseria del Pozzo, local authorities forcibly police officers involved in his arrest was evicted the approximately 300 people living looking at allegations that he may have died there including dozens of small children. No as a result of beatings while in custody. alternative was given except the transfer to an isolated site, in a former fireworks factory with no working toilets, no electricity and extremely limited access to water. As of JAMAICA December the community was still living at Jamaica the site in inadequate conditions. Head of state: Queen Elizabeth II, represented by In December, the CERD Committee Patrick Linton Allen expressed concern that Roma continued to Head of government: Andrew Michael Holness face forced evictions and segregation in (replaced Portia Simpson Miller in March) camps and that they were still discriminated against when trying to access social housing Unlawful killings and extrajudicial and other housing benefits. executions continued. Violence against women and discrimination against lesbian, RIGHTS OF LESBIAN, GAY, BISEXUAL, gay, bisexual, transgender and intersex TRANSGENDER AND INTERSEX PEOPLE (LGBTI) people persisted. Children In May, Parliament passed Law no.76/2016, continued to be detained in violation of establishing civil unions for same-sex couples international standards. and rules governing the cohabiting of different-sex couples, extending to them most BACKGROUND of the rights of married couples. However, In February, the Jamaica won second-parent adoption was not addressed in the general election and Andrew Holness the law. became Prime Minister. Despite committing to the establishment of TORTURE AND OTHER ILL-TREATMENT a national human rights institution, Jamaica In March, the national ombudsperson started had not established the mechanism by the his role, with a mandate to monitor conditions end of the year. of detention and prevent torture and other ill- Jamaica continued to have one of the treatment. His remit included monitoring highest homicide rates in the Americas. repatriation flights of irregular migrants. Parliament’s failure to introduce the crime POLICE AND SECURITY FORCES of torture into the criminal code, as required In June, a Commission of Enquiry published by the UN Convention against Torture, and its much-anticipated report into the events overdue since Italy’s ratification in 1989, that took place in Western Kingston during continued. the state of emergency, declared on 23 May Parliament and government also failed to 2010, which left at least 69 people dead. agree on measures for the identification of Almost 900 pages long, the report identified a law enforcement officers, such as tags on number of cases of possible extrajudicial uniforms, which would facilitate execution and produced a number of accountability for abuses. important recommendations for police reform.1 DEATHS IN CUSTODY In an official response, the Jamaica In July, five doctors charged with the Constabulary Force accepted a number of manslaughter of Stefano Cucchi, who died a recommendations, such as committing to week after his arrest in the prison wing of a hold administrative reviews into the conduct

208 Amnesty International Report 2016/17 of officers named in the Commissioners’ Between January and June, 23 people report. However, the police continued to reported to the LGBTI rights NGO J-FLAG refuse to accept any responsibility for human that they had been physically assaulted or rights violations or extrajudicial executions attacked because of their real or perceived during the state of emergency. By the end of sexual orientation or gender identity. the year, the government had still not A survey published by J-FLAG found officially indicated how it would implement deeply homophobic attitudes. For example, the recommendations of the Commissioners. only 36% of Jamaicans surveyed said they While the number of killings by police have would allow their gay child to continue to live significantly reduced in recent years, 111 at home. Almost 60% of respondents said people were killed by law enforcement they would harm an LGBTI person who officials in 2016, compared with 101 in approached them. 2015. Women whose relatives were killed by In June, the Attorney General used social police, and their families, experienced media to criticize the US Embassy for flying a pervasive police harassment and Pride flag after the killings of LGBTI people in intimidation, and faced multiple barriers to a nightclub in Orlando, USA. accessing justice, truth and reparation. In August, for the second year in a row, J- FLAG held activities to celebrate Pride Week. VIOLENCE AGAINST WOMEN AND GIRLS According to local NGOs, national legislation INTERNATIONAL JUSTICE to address violence against women remained Jamaica again failed to ratify the Rome inadequate. For example, the Sexual Statute of the International Criminal Court, Offences Act continued to narrowly define signed in September 2000, nor had it rape as non-consensual penile penetration of adhered to the UN Convention against a woman’s vagina by a man, and to protect Torture or the International Convention for the against marital rape in certain circumstances Protection of All Persons from Enforced only. By December, over 470 women and Disappearance. girls had reported rape during the year, according to the police. 1. Jamaica: State of Emergency 2010 – ten things the government must Criminalization of women engaged in sex learn, and ten things it must do (AMR 38/4337/2016) work continued to place them at risk of 2. "I feel scared all the time": A Jamaican sex worker tells her story discrimination, arbitrary arrest and violence (News story 27 May 2016) by the police.2 CHILDREN’S RIGHTS The NGO Jamaicans for Justice reported that JAPAN children were still being detained in police Japan lockups for being “uncontrollable”, often for Head of government: Shinzo Abe illegal periods and in inhumane conditions.

RIGHTS OF LESBIAN, GAY, BISEXUAL, Progress towards a revision of the TRANSGENDER AND INTERSEX PEOPLE Constitution by the governing Liberal There remained no legal protection against Democratic Party gained momentum after discrimination based on real or perceived the party and its coalition members secured sexual orientation or gender identity. Young a two thirds majority in both houses of the LGBTI people continued to face bullying and parliament following upper house elections. harassment in the absence of legal There were fears that the revision could protection. Consensual sex between men curtail human rights guarantees. Several remained criminalized. municipalities and large corporations took measures to acknowledge same-sex unions

Amnesty International Report 2016/17 209 in a context of pervasive discrimination had been leaked online which included against lesbian, gay, bisexual, transgender personal and financial information about and intersex (LGBTI) people. Executions of Muslims labelled as suspected “terrorists” in prisoners on death row continued. Japan. The Court confirmed that there was a breach of the right to privacy, but left this RIGHTS OF LESBIAN, GAY, BISEXUAL, type of intelligence gathering unchallenged. TRANSGENDER AND INTERSEX PEOPLE More municipalities adopted written VIOLENCE AGAINST WOMEN AND GIRLS instruments to recognize same-sex unions. A Following the bilateral agreement with the growing number of mostly multinational Republic of Korea (South Korea) in late 2015 corporations amended their internal rules to on the military sexual slavery system before extend benefits to employees in same-sex and during World War II, in July the South unions. The major political parties pledged to Korean government launched the Japanese- campaign for LGBTI rights ahead of upper government-funded “Reconciliation and house elections in July. Healing Foundation”. The Japanese Discrimination against LGBTI people government emphasized that the funds were continued, particularly in rural areas. A not for reparations, in line with its stance that transgender woman filed a lawsuit against the all such claims were settled during post-war state after she was refused hormone negotiations. Civil society in South Korea injections while imprisoned. Parents of a gay continued to call for the 2015 agreement to student at Hitotsubashi University in the be revoked, deeming it unconstitutional and capital, Tokyo, filed a lawsuit against the invalid because survivors were not university and another student for represented during the negotiations. While accountability and compensation; their son the Imperial Army had forced women from had committed suicide after being “outed” throughout the Asia-Pacific region into sexual and bullied. slavery, by the end of the year Japan had not started negotiations with any other countries. DISCRIMINATION – ETHNIC MINORITIES In May the parliament passed the first REFUGEES AND ASYLUM-SEEKERS national law to condemn the advocacy of Authorities continued to reject a majority of hatred (“hate speech”) towards residents of asylum applications. The government overseas origin and their descendants. The reported that in 2015, of the 7,586 asylum legislation followed an increase in applications filed (a 52% increase over the demonstrations promoting discrimination. Its previous year), only 27 were granted. An effectiveness was questioned by civil society asylum-seeker from Sri Lanka prepared to organizations and lawyers due to its narrow sue the state claiming deprivation of his right focus and the fact that it failed to legally ban to seek asylum because he was deported the “hate speech” or to set penalties. Later that day after his claim was denied by the Ministry month in Kanagawa prefecture, a court of Justice. issued the first-ever provisional injunction preventing an anti-Korean activist from JUSTICE SYSTEM organizing a rally within a radius of 500m of The parliament amended a series of laws the premises of an organization supporting relating to criminal justice. For the first time ethnic Koreans. the electronic recording of both police and Also in May, the Supreme Court dismissed prosecutor interrogations was required, a case brought against the police practice of although in a limited number of cases. The blanket surveillance of Japan’s Muslim existing wiretap law was expanded and a plea community, including people perceived as bargaining system was introduced. The Muslim. In 2010, 114 internal Tokyo expansion of the use of wiretapping risked Metropolitan Police Department documents violating the right to freedom of expression.

210 Amnesty International Report 2016/17 In June, the Kumamoto District Court appoint senior judicial, army, gendarmerie granted Koki Miyata a retrial due to doubts and General Intelligence Department (GID) concerning the credibility of his officials. Parliamentary elections held in “confessions”. Koki Miyata had served a 13- September used a proportional year prison term for murder after being representation system for the first time. convicted in 1985. There was continued insecurity along the border with Syria. In June, a bomb attack FREEDOM OF ASSEMBLY killed several Jordanian soldiers near an There were renewed protests in Okinawa inter-border area in which some 70,000 after construction resumed at the US military Syrian refugees remained stranded in base in Takae, marked by scuffles between extreme hardship. Following the attack, the riot police and protesters. Some protesters government sealed border crossing points, were injured during the dispersal. denying entry to refugees fleeing the conflict in Syria. In December, an attack by armed men near Karak killed 10 people, including three civilians; the armed group Islamic State JORDAN (IS) claimed responsibility. Hashemite Kingdom of Jordan Head of state: King Abdullah II bin al-Hussein TORTURE AND OTHER ILL-TREATMENT Head of government: Hani Mulki (replaced Abdullah The government’s 10-year national human Ensour in May) rights plan listed objectives that included strengthening legal protections against torture The authorities continued to restrict the and increasing prosecutions of and rights to freedom of expression, association “sanctions” against perpetrators of torture, and assembly, and detained and prosecuted but it was not clear that any such reforms critics and opponents under criminal were made in 2016. Cases of police officers defamation, blasphemy and anti-terrorism accused of torturing detainees continued to laws. Torture and other ill-treatment be handled by special police courts whose continued in detention centres. Trials before proceedings were neither independent nor the State Security Court were unfair. transparent. Women faced discrimination in law and in practice and were inadequately protected DEATHS IN CUSTODY against sexual and other violence. Migrant In January the Adaleh Centre for Human domestic workers were exploited and Rights Studies, an NGO based in the capital, abused. Jordan hosted more than 655,000 Amman, reported that at least eight deaths in refugees from Syria but sealed its borders to detention resulting from torture had occurred new arrivals in June. Courts continued to in the previous two months. In April the pass death sentences; there were no government’s human rights co-ordinator said executions. journalists and human rights activists would be permitted to attend some police court BACKGROUND trials, including the trial of three officers Jordan remained part of the Saudi Arabia-led accused of beating to death Omar al-Naser international coalition engaged in armed while he was in Criminal Investigation conflict in Yemen (see Yemen entry). Department custody in September 2015. The In March, the government submitted a trial was subject to lengthy adjournments national human rights plan to the King, without explanation and was not resolved by intended to phase in human rights the end of 2016. Meanwhile, no information improvements over a 10-year period. was made public about plans to prosecute In May, Parliament approved constitutional police officers charged in connection with the amendments empowering the King to directly

Amnesty International Report 2016/17 211 beating to death in police custody of of “undermining the political regime… or Abdullah Zu’bi in Irbid in 2015. inciting opposition to it” for criticizing Jordan’s relations with Israel in a Facebook UNFAIR TRIALS post. The authorities continued to prosecute On 25 September, a gunman shot dead alleged supporters of IS and other armed journalist Nahed Hattar outside the court in groups, as well as journalists and opposition Amman where he was being tried for posting political activists, under anti-terrorism and a satirical cartoon on Facebook that the other laws before the State Security Court authorities deemed offensive to Islam. He (SSC), a quasi-military court whose had been held for almost a month in pre-trial procedures failed to meet international fair detention before a court allowed his release trial standards. on bail. Jordan’s official news agency said the Those tried included Adam al-Natour, a alleged perpetrator was arrested at the scene Polish Jordanian who received a four-year of the killing; the case was later referred to prison sentence after the SSC convicted him the SSC on charges including murder. of “joining an armed group and terrorist Draft amendments to the Societies Law organization” on the basis of a “confession” proposed in March, if implemented, would that he said he was forced to make under increase government powers to prevent the torture by GID interrogators who beat and legal registration of NGOs or their operations electrocuted him during three weeks of on national security or public order grounds, incommunicado detention. Following this and would deny them access to international detention, he was brought before the SSC funding without any justification. The Prosecutor and made to sign a statement in amendments had not been enacted by the Arabic, a language he could not read or end of the year. understand. WOMEN’S RIGHTS ADMINISTRATIVE DETENTION Women continued to face discrimination in The authorities held tens of thousands of law and practice, and were inadequately individuals under the 1954 Crime Prevention protected against so-called honour crimes Law, which allows detentions for up to one and other forms of gender-based violence. year without charge or trial or any means of In April, a parliamentary legal committee legal remedy. endorsed proposed amendments to Article 308 of the Penal Code that would end the FREEDOMS OF EXPRESSION, provision allowing rapists to avoid prosecution ASSOCIATION AND ASSEMBLY if they marry their victims. However, it would The authorities restricted freedoms of keep the provision when the victim is aged expression, association and peaceful between 15 and 18. At the end of the year, assembly and detained or prosecuted tens of the amendments had still to be enacted. journalists and critics under criminal In July the CEDAW Committee requested defamation provisions of the Penal Code and information from the government ahead of its anti-terrorism law provisions that criminalize scheduled 2017 review of Jordan. Among criticism of foreign leaders or states. In July, other things, they requested details of any the official National Centre for Human Rights government plans to amend the Citizenship reported an increase in arrests and SSC Law to allow Jordanian women married to referrals of peaceful critics and protesters foreign spouses to pass their nationality to under these laws. their children and husbands on the same In May, the authorities released Dr Eyad basis as Jordanian men, and to allow their Qunaibi, a university professor who had been families increased access to medical care, sentenced to two years’ imprisonment in education and other services. The Committee December 2015 after the SSC convicted him also requested information on government

212 Amnesty International Report 2016/17 plans to amend Article 308 and other Penal reported to be living below the poverty line Code provisions that allow rapists to escape with limited access to services. prosecution and mitigate penalties for perpetrators of so-called honour crimes. DEATH PENALTY Courts imposed death sentences; there were MIGRANT WORKERS’ RIGHTS no executions. In February, a government Migrant domestic workers continued to face spokesperson denied media reports that the exploitation and abuse. In February the authorities planned to execute 13 prisoners. Amman-based NGO Tamkeen reported that 80,000 women migrant domestic workers were excluded from the protection of labour laws and exposed to violence and other KAZAKHSTAN abuse by employers. The UN Special Republic of Kazakhstan Rapporteur on trafficking in persons reported Head of state: Nursultan Nazarbayev during a visit to Jordan that migrant women Head of government: Bakytzhan Sagintayev (replaced employed as domestic workers who fled Karim Massimov in September) abusive employers were at risk of trafficking for sexual exploitation. The Special The rights to freedom of expression, of Rapporteur also reported that refugee women peaceful assembly and of association and girls from Syria were trafficked for sexual remained restricted. The authorities used exploitation. administrative detention to stop people from participating in unauthorized protests REFUGEES AND ASYLUM-SEEKERS and criminal prosecution to target social Jordan hosted more than 655,000 refugees media users and independent journalists. from Syria, including 16,000 Palestinians, as Harsher penalties for NGO leaders – who well as almost 60,000 refugees from other were a separate category of offenders in the countries including Iraq, Yemen and Somalia, Administrative Offences and Criminal Codes and 2.1 million long-term Palestinian – were used for the first time. New cases of refugees. torture and other ill-treatment against By the end of the year, there were 75,000 suspects and prisoners were reported. The Syrian refugees stranded in harsh conditions large number of migrant workers in the in the “berm” desert area between the country faced exploitation and restricted Rukban and Hadalat border crossings with access to health care and education. One Syria. The government denied most of them person was sentenced to death. entry into Jordan on security grounds but allowed around 12,000 to enter Jordan in FREEDOM OF ASSEMBLY May, confining them to Village 5, a fenced-off Organizing or participating in a peaceful area of Azraq refugee camp. On 21 June the public assembly without prior authorization authorities sealed Jordan’s border with Syria from the authorities was a violation under after a suicide bomb attack, thereby cutting both the Administrative Offences Code and off regular humanitarian access to refugees the Criminal Code, punishable by heavy fines in the berm. Jordan has tightened border or up to 75 days’ detention. Providing controls since 2012. The authorities also “assistance” to “illegal” assemblies, including deported several refugees on alleged security by “means of communication”, including grounds. social media, constituted a criminal offence. By July, Jordan had received only 45% of In April and May, “unsanctioned” the funding it required from the international demonstrations took place across Kazakhstan community, according to the UN, to meet the as people protested peacefully against needs of refugees from Syria. Around 86% of proposed changes to the Land Code to allow Syrians in urban areas of Jordan were unused agricultural land to be leased to

Amnesty International Report 2016/17 213 foreign citizens for up to 25 years. Authorities known to be false” and organizing responded by blocking access to main unsanctioned meetings and demonstrations. squares and thoroughfares, and by using Maks Bokaev and Talgat Ayan were both administrative detention to stop would-be sentenced to five years’ imprisonment. Their protesters from participating. posts on Facebook and other social media Further Land Code protests were planned platforms in April and May about the for 21 May in the capital Astana, Almaty, the proposed changes to the Land Code and the largest city, and in other towns. Between 17 ongoing protests formed part of the charges and 20 May, at least 34 people were arrested against them. In July, folk singer Zhanat and charged as “organizers” of the protests Esentaev was convicted under the Criminal after they had announced on social media Code for posts on Facebook in relation to the their intention to participate or provided Land Code protests and sentenced to two information about the demonstrations. Most and a half years’ probation. were sentenced to 10-15 days’ detention under the Administrative Code. Criminal prosecution of journalists On 21 May, in Almaty, Astana and other In May, Guzyal Baidalinova, journalist and towns, police blocked access to the areas owner of the Nakanune.kz independent news where the demonstrations were supposed to portal, was convicted of “dissemination of take place. Police detained up to 500 people information known to be false” and in Almaty, and smaller numbers elsewhere. sentenced to one and a half years’ At police stations, the detainees had to sign imprisonment which was converted to a statements that they had participated in an suspended sentence in July. The outlet had unsanctioned public meeting and give their published articles on the activities of a fingerprints. They were released after a few leading commercial bank. Nakanune.kz had hours. On 21 May, at least 48 journalists been critical of the authorities. were detained while attempting to cover the In October, Seitkazy Mataev and his son protests, according to freedom of expression Aset Mataev were sentenced to six and five NGO Adil Soz. All were released within a few years’ imprisonment respectively on charges hours. of embezzlement and tax evasion. Seitkazy Mataev was the chair of the Union of FREEDOM OF EXPRESSION Journalists of Kazakhstan and the chair of the Social media National Press Club; Aset Mataev was the Prosecutors used the Criminal Code to target General Director of KazTAG news agency. activists for posts on social media. The Union of Journalists had provided In January, Yermek Narymbaev and support to independent journalism. Serikzhan Mambetalin were sentenced to prison terms for posting on Facebook extracts Internet of an unpublished book which was In January, changes to the Law on considered offensive to ethnic Kazakhs. Their Communications came into force. They sentences were suspended on appeal. Also required internet users to download and in January, blogger Igor Sychev’s five-year install a “national security certificate”. The prison sentence for posting a survey on certificate allowed authorities to scan another social media site on whether his town communications sent over the HTTPS should become part of Russia was upheld on protocol and to block access to individual appeal. webpages with content which the authorities On 28 November, prisoners of conscience judged to be illegal. Maks Bokaev and Talgat Ayan were convicted on criminal charges of “inciting social, national, clan, racial, class, or religious discord”, “dissemination of information

214 Amnesty International Report 2016/17 Article 419 of the Criminal Code (“false FREEDOM OF ASSOCIATION reporting of a crime”) was invoked by NGOs prosecutors against those whose allegations Leading or participating in an unregistered of torture or other ill-treatment were organization was an offence under articles in investigated and deemed to be unfounded. the Criminal and Administrative Offences In September, a former prison officer was Codes. “Leaders” of associations were convicted of the rape and torture of a woman treated as a separate category of offenders, prisoner in Almaty Region and sentenced to providing for harsher penalties. The definition nine years’ imprisonment. The woman had of “leader” was broad, potentially including reported being gang-raped and beaten by any active member of an NGO or other civic four prison officers; she gave birth as a result association. These clauses were used for the of the rape. The prosecution of the other first time in 2016, including in the criminal three prison officers was dropped due to lack cases against Maks Bokaev and Talgat Ayan. of evidence. The one conviction secured was Legislative changes introduced at the end based on a paternity test that showed that the of 2015 mandated the creation of a central former prison officer had fathered the child. state database of NGOs. Failure to regularly The case drew attention to the wider issue of supply accurate information for the database sexual violence against women prisoners in could lead to fines or a temporary ban on places of detention. activities. In February, the NGO International Legal Initiative in Almaty challenged the MIGRANT WORKERS’ RIGHTS provision in a civil court, but lost the case. Labour migration to Kazakhstan, mainly from Soon afterwards, the NGO faced a lengthy tax neighbouring Kyrgyzstan, Tajikistan and inspection. Civil society activists were Uzbekistan, was predominantly irregular. concerned that this new law placed overly Officials estimated that there were between broad requirements on NGOs and 300,000 and 1.5 million migrant workers in constrained their activities. the country, and that the number of people arriving for work in 2016 was much higher Religious groups than in 2015. Most migrant workers worked By law, religious groups were required to without written contracts and were vulnerable register with the Ministry of Justice. to exploitation, including having to work long Membership of an unregistered religious hours with little or no rest time, low and group was an offence under the irregularly paid wages, and dangerous Administrative Offences Code. There were working conditions, particularly in the restrictions on where religious groups could agriculture and construction sectors. Many hold services, with steep fines for meeting or depended on their employers for housing, distributing religious literature in which was often overcrowded and of poor unsanctioned premises. According to the quality. Some employers also confiscated NGO Forum 18, which promotes religious migrant workers’ passports, leaving them in freedom, groups were fined for meeting to circumstances that amounted to forced worship in each other’s homes. Seven labour. Migrant workers without permanent Baptists in East Kazakhstan Region were residency were unable to access free health fined in August. care and faced problems enrolling their children in schools. TORTURE AND OTHER ILL-TREATMENT Kazakhstan had not ratified the The practice of torture and other ill-treatment International Convention on the Protection of continued. The Coalition of NGOs of the Rights of All Migrant Workers and Kazakhstan against Torture registered 163 Members of Their Families. new cases of torture and other ill-treatment between January and November 2016.

Amnesty International Report 2016/17 215 Local governments were also accused of DEATH PENALTY corruption, largely by inflating costs in Kazakhstan was abolitionist for ordinary procurement processes. The Ministries of crimes, but retained the death penalty for 17 Health and of Devolution and Planning were crimes that constituted terrorism-related under investigation for alleged offences or war crimes. In November, Ruslan misappropriation of funds, among other Kulekbaev was convicted on terrorism-related things. charges of killing 10 people in Almaty in July In May, civil society organizations and sentenced to death. He was the sixth launched Kura Yangu, Sauti Yangu, a person to be sentenced to death since movement to ensure legitimate, fair and well- President Nazarbayev signed a moratorium organized elections due in August 2017. on executions in 2003. Since then all death Soon after, the opposition Coalition for sentences have been commuted to life Reform and Democracy (CORD) organized imprisonment. weekly demonstrations over what it considered the bias of the Independent Electoral and Boundaries Commission (IEBC). On 3 August, IEBC commissioners KENYA resigned, ending months of protests over the Republic of Kenya election process. On 14 September, the Head of state and government: Uhuru Muigai Kenyatta Election Laws (Amendment) Bill came into force, inaugurating the process of recruiting new IEBC commissioners. However, the Security forces carried out enforced recruitment of new commissioners was disappearances, extrajudicial executions delayed after the recruiting panel postponed and torture with impunity, killing at least indefinitely the recruitment of the 122 people by October. Some abuses were Chairperson after five interviewed candidates committed by security agencies in the failed to meet the requirements. The delay context of counter-terror operations, others will negatively impact the electoral by unaccountable police officers and other preparations timeline. security agencies. Police used excessive and lethal force to disperse demonstrators ABUSES BY ARMED GROUPS calling for fair election practices. Political Al-Shabaab, the Somali-based armed group, opposition, anti-corruption groups and other continued to carry out attacks in Kenya. civil society activists, as well as journalists On 25 October, for example, in the and bloggers, were harassed. Families in northeastern town of Mandera, at least 12 informal settlements and marginalized people were killed in an attack by al-Shabaab communities were forcibly evicted from on a guesthouse hosting members of a their homes. theatre group. BACKGROUND COUNTER-TERROR AND SECURITY Corruption remained rife. President Kenyatta In the context of counter-terrorism operations asked almost a quarter of his cabinet targeting al-Shabaab, security agencies were secretaries to resign after the state’s Ethics implicated in human rights violations, and Anti-Corruption Commission (EACC) including extrajudicial executions, enforced accused them of corruption. Some faced trial disappearances and torture. Despite an for corruption, others appeared before increase in reported cases of these violations, oversight institutions to answer allegations of meaningful investigations were not carried corruption. According to the EACC, at least out with a view to ensuring accountability. 30% of GDP – equivalent to about US$6 billion – is being lost annually to corruption.

216 Amnesty International Report 2016/17 Kenya does not have an official database EXTRAJUDICIAL EXECUTIONS of police killings or enforced disappearances. Police and other security agencies carried out According to Haki Africa, a human rights extrajudicial executions as well as enforced group, there were 78 extrajudicial executions disappearances, and torture.1 and enforced disappearances in Mombasa Willie Kimani, a lawyer with a legal aid County in the first eight months of 2016. The charity, his client Josphat Mwendwa and their Daily Nation newspaper documented 21 taxi driver Joseph Muiruri, were abducted on cases of police killings during the same 23 June at an unknown location. On 1 July, period. their bodies were found dumped in a river in Machakos County, eastern Kenya; post FREEDOM OF ASSEMBLY mortems showed they had been tortured. The police used excessive and lethal force to Josphat Mwendwa, a motorcycle taxi driver, disperse protesters in Nairobi and other had accused a member of the Administration towns during demonstrations against the Police (AP) of attempted murder after the IEBC. officer shot him in the arm during a routine On 16 May, a male protester in Nairobi traffic check. The officer then charged him was shot and injured in a confrontation with with a traffic offence to intimidate him into police as residents from the informal dropping the complaint. The abduction settlement of Kibera tried to march to the happened after Willie Kimani and Josphat electoral commission’s offices. Mwendwa left Mavoko law courts in On 23 May, police used batons, tear gas, Machakos County after attending a hearing in water cannons and, in some cases, live the traffic offence case. On 21 September, ammunition to disperse protesters marching four AP officers – Fredrick ole Leliman, towards the electoral commission’s office. A Stephen Cheburet Morogo, Sylvia Wanjiku video showed three policemen kicking and Wanjohi and Leonard Maina Mwangi – were beating a protester after he fell down.2 The found guilty of murdering the three men. The same day, at least two people were killed and officers were remanded in custody awaiting 53 injured during a demonstration in the sentencing at the end of the year. western city of Kisumu. The killings of the three men triggered protests and mobilized human rights FREEDOM OF EXPRESSION organizations, the media and legal and other The authorities continued to curtail freedom professional organizations across the country of expression by intimidating and harassing to demand action against enforced journalists, bloggers and other members of disappearance and extrajudicial executions. civil society, particularly by using the Job Omariba, a nurse in the eastern town ambiguity of the Kenya Information and of Meru was reported to have gone missing in Communication Act. At least 13 people were Nairobi on 21 August. His body was prosecuted under Section 29 of the law, discovered at Machakos mortuary on 30 which includes vague terms such as “grossly August. Later that day, the Special Crime offensive” and “indecent”. On 19 April, the Prevention Unit arrested three police officers High Court found that Section 29 was in on suspicion of his abduction and murder. breach of the Constitution’s provisions on the On 29 August, two policemen walked into right to freedom of expression. Mwingi Level 4 Hospital and shot dead Mbuvi Kasina, a journalist, continued to Ngandi Malia Musyemi, a hawker, after he face six counts of misuse of a licensed reported to police that he had been telecommunication system for questioning carjacked. His sister witnessed the killing. the expenditure of Kitui South Constituency Officers from Nairobi, Machakos and Embu Development Funds. were assigned to investigate the killing. On 27 September, police harassed, attacked and destroyed the camera of

Amnesty International Report 2016/17 217 Duncan Wanga, a K24 TV journalist and cameraman, while he was covering a RIGHTS OF LESBIAN, GAY, BISEXUAL, demonstration in the western city of Eldoret. TRANSGENDER AND INTERSEX PEOPLE On 1 October, the Deputy President On 16 June, the High Court in Mombasa threatened to sue activist Boniface Mwangi upheld the legality of anal examinations of after he posted a tweet linking the Deputy men suspected of engaging in same-sex President to the murder in May of sexual activity. Two men had petitioned the businessman Jacob Juma. The Deputy Court to declare unconstitutional anal President’s lawyers demanded that the examinations as well as HIV and Hepatitis B activist offer an apology, retraction and tests they had been forced to undergo in clarification within seven days. Boniface February 2015. The Court ruled that there Mwangi’s lawyers welcomed the suit, citing had been no violation of rights or breach of ICC cases and allegations made by a the law. Forced anal examinations and forced Member of Parliament about Jacob Juma’s HIV testing violate the right to privacy and the killing to show that the Deputy President’s prohibition of torture and other ill-treatment reputation had not been injured by the tweet. under international law. The High Court’s ruling breached several human rights treaties REFUGEES AND ASYLUM-SEEKERS ratified by Kenya. In May, shortly after it revoked the assumed refugee status of Somalis who had fled to HOUSING RIGHTS – FORCED EVICTIONS Kenya, the government announced it would Families living in informal settlements and close Dadaab refugee camp on 30 marginalized communities continued to be November. To justify the move, it cited forcibly evicted in the context of large national security concerns and the need for infrastructure development projects. the international community to share the In Deep Sea informal settlement in responsibility of hosting the refugees. Dadaab Nairobi, 349 families were forcibly evicted on is home to over 280,000 refugees, of whom 8 July to allow construction of the road 260,000 are from Somalia. The short linking Thika Super Highway to Westlands timeframe, government statements about the Ring Road. The eviction took place without repatriation process and the lack of security notice and while consultation was taking in Somalia raised concerns that the place between the community and the Kenya repatriation of Somalis would be forced, in Urban Roads Authority (KURA). Residents violation of international law, and put at risk were attacked during the evictions by armed the lives of tens of thousands of people.3 youth ferried in by government construction According to UNHCR, the UN refugee and private vehicles. Armed police officers agency, by mid-October, 27,000 Somali were present and threatened to shoot refugees had returned to Somalia from residents if they resisted eviction. KURA and Dadaab in 2016, nominally voluntarily. On 16 the EU, which is funding the road, had November, the authorities stated they would assured Deep Sea residents they would not extend the deadline for the closure of Dadaab be forcibly evicted. by six months. KURA took responsibility for the violations In May, the government disbanded the of the rights of residents during a meeting Department of Refugee Affairs (DPA), created with Deep Sea community leaders. In a letter in accordance with the 2006 Refugee Act, to the community, it agreed to urgently put in and established instead the Refugee Affairs place corrective measures, including to Secretariat. The Secretariat is not established restore the sanitation facilities, facilitate by law and functions at the behest of the reconstruction of people’s houses, and Ministry of Interior and National Government provide humanitarian assistance such as Co-ordination. cooking facilities and blankets for those who had lost everything. KURA and Deep Sea

218 Amnesty International Report 2016/17 residents agreed that permanent residents Koreans fleeing their country and arriving in would each receive 20,000 Kenya shillings the Republic of Korea (South Korea) (around US$200) and that this would not be increased. recognized as covering losses incurred in the forced eviction. BACKGROUND Representatives of the Sengwer The government tested nuclear weapons Indigenous People reported that Kenya twice, once in January and again in Forest Service repeatedly burned houses in September, increasing tension between North Embobut forest. Local courts heard cases Korea and the international community. The concerning Sengwer people who had been UN increased its economic sanctions on arrested for being in the forest, despite a North Korea as a result, leading to fears from pending court case brought by Sengwer to inside the country and from foreign experts of challenge their eviction and a 2013 heightened food shortages and a further injunction issued by the High Court of Eldoret deterioration in living standards. Experts to stop arrests and evictions while the legal considered the possible economic impact to challenge was being considered. be a motivation for more people leaving the country, but the risk of political in the form of imprisonment and reported 1. Kenya: Set up judicial inquiry into hundreds of enforced disappearances and killings (News story, 30 August) executions among the ruling elite was seen 2. Kenya: Investigate police crackdown against protesters (News story, as a key contributing factor. 17 May) The Korean Workers’ Party held its 3. Kenya: Government officials coercing refugees back to war-torn congress in May for the first time in 36 years. Somalia (News story, 15 November) Journalists from international media were invited to the country for the occasion, but operated under strict restrictions and were not allowed to cover congress meetings. KOREA Severe floods in August killed at least 138 people and displaced 69,000 others, (DEMOCRATIC according to the World Food Programme. The government asked for humanitarian PEOPLE’S assistance including food, shelter, water and sanitation but international response was REPUBLIC OF) minimal due to concerns expressed by potential donors about the country’s nuclear Democratic People’s Republic of Korea programme. Head of state: Kim Jong-un Head of government: Pak Pong-ju FREEDOM OF MOVEMENT A total of 1,414 people left North Korea and Citizens of the Democratic People’s arrived in South Korea. The figure increased Republic of Korea (North Korea) continued by 11% from 2015, and rose for the first time to suffer violations of most aspects of their since 2011 when Kim Jong-un came to human rights. North Koreans and foreign power. nationals were arbitrarily detained and Along with reports of ordinary North sentenced after unfair trials for criminal Koreans leaving, media in South Korea and “offences” that were not internationally Japan reported several high profile recognized. Severe restrictions on the right government officials deserting their posts and to freedom of expression continued. seeking asylum. The South Korean Thousands of North Koreans were sent by government confirmed in August the arrival the authorities to work abroad, often under of Thae Young-ho, North Korea’s deputy harsh conditions. The number of North ambassador to the UK and his family.

Amnesty International Report 2016/17 219 Thirteen restaurant workers, sent by the visa extensions to existing North Korean government to work in Ningbo, China, flew workers. directly from China to South Korea in April (see Korea (Republic of) entry). On their ARBITRARY ARRESTS AND DETENTIONS arrival in South Korea, the North Korean The authorities sentenced people, including authorities claimed that the 12 women in the foreign nationals, to long prison terms after group were abducted from China and taken unfair trials. Frederick Otto Warmbier, a US to South Korea. According to a media student, was convicted of “subversion”; he interview with their former colleagues only admitted stealing a banner. arranged in Pyongyang by the North Korean He was sentenced to 15 years’ hard labour in government, the workers had their passports March; he was not given consular access for taken away from them while in China, which at least six months. Kim Dong-chul, a 62- would have restricted their ability to travel year-old US citizen born in South Korea, was freely.1 sentenced to 10 years’ hard labour in April Interviews with North Koreans who left the for “spying”; the authorities failed to provide country as well as media reports said that the details about the alleged spying activities. government had increased its surveillance The sentences were imposed as new UN efforts to prevent people from leaving via the sanctions on North Korea were authorized Chinese-Korean border. Those who earlier in the year, and before the Korean successfully left continued to be at risk of Workers’ Party Congress in May when there detention, imprisonment, forced labour, and was increased international attention on torture and other ill-treatment if arrested and North Korea.2 Up to 120,000 people returned from China. remained in detention in the four known political prison camps, where they were MIGRANT WORKERS’ RIGHTS subjected to systematic, widespread and The government continued to dispatch gross human rights violations such as forced through state-owned enterprises at least labour, and torture and other ill-treatment − 50,000 people to work in some 40 countries some amounting to crimes against humanity. including Angola, China, Kuwait, Qatar and Many of those held in these camps had not Russia in various sectors including medicine, been convicted of any internationally construction, forestry and catering. Workers recognized criminal offence but were did not receive wages directly from detained for “guilt-by-association”, simply for employers, but through the North Korean being related to individuals deemed government after significant deductions. Most threatening to the state. workers were deprived of information about international or domestic labour laws, and FREEDOM OF EXPRESSION often lacked access in the host countries to The authorities continued to impose severe any government agencies and other restrictions on the right to freedom of organizations monitoring compliance with or expression, including the right to seek, offering assistance in claiming labour rights. receive and impart information regardless of These workers were frequently subjected national borders. The government persisted to excessive working hours and were in restricting access to outside sources of vulnerable to occupational accidents and information; there were no national diseases. Poland announced in June that it independent newspapers, media or civil was no longer allowing workers from North society organizations. Korea to enter the country following media The professional activities of the very few reports of a fatal shipyard accident involving international journalists allowed into the a North Korean worker in 2014. Malta made country remained severely restricted. BBC a similar announcement in July, and denied journalists visiting North Korea ahead of the Korean Workers' Party Congress in May were

220 Amnesty International Report 2016/17 briefly detained incommunicado, interrogated 3. Connection denied: Restrictions on mobile phones and outside and expelled from the country because the information in North Korea (ASA 24/3373/2016) government found the stories they produced highlighting aspects of everyday life in Pyongyang to be ‘disrespectful’. Agence KOREA (REPUBLIC France-Presse became one of the very few foreign media companies to operate in North OF) Korea when it opened a Pyongyang office in September. Republic of Korea Almost everyone was denied internet and Head of state and government: Park Geun-hye international mobile phone services. North Koreans who lived close to the Chinese Restrictions on the rights to freedom of border took significant risks in using peaceful assembly and expression smuggled mobile phones connected to persisted. Asylum-seekers were detained Chinese networks in order to make contact and conscientious objectors were with individuals abroad. People who did not imprisoned for exercising their human own such phones had to pay exorbitant fees rights. The detention in a state facility of to brokers in order to make international 13 restaurant workers originally from the calls. The use of smuggled mobile phones to Democratic People’s Republic of Korea connect to Chinese mobile networks exposed (North Korea) called into question the everyone involved to increased surveillance, legality of the existing settlement support as well as the risk of arrest and detention on process for North Koreans arriving in the various charges, including espionage.3 country. The existing computer network remained The government failed to prevent private available to a very limited number of people, companies from hindering lawful trade providing access to domestic websites and union activity, and only belatedly followed email services only. In September, the up on deaths and adverse health effects misconfiguration of a server in North Korea resulting from the use of harmful products. revealed to the world that the network The decision of the government to proceed contained only 28 websites, all controlled by with the deployment of the US-built official bodies or state-owned enterprises. Terminal High Altitude Area Defence (THAAD) anti-missile system triggered ENFORCED DISAPPEARANCES strong opposition from domestic groups, as In February, the authorities stopped all well as condemnation from China and North investigations into abductions of Japanese Korea. citizens, reversing the 2014 bilateral Lawmakers voted to impeach President Park agreement to investigate cases. Media Geun-hye on 9 December, which must be reports said that the decision followed confirmed through a decision by the Japan’s reinstating previously eased Constitutional Court. sanctions after North Korea’s nuclear weapons tests in January. North Korea had FREEDOM OF ASSEMBLY previously admitted that its security agents Authorities continued to restrict people from abducted 12 Japanese nationals during the exercising their right to freedom of peaceful 1970s and 1980s. assembly, often under the pretext of protecting public order. By the end of the year, the authorities had not completed an 1. South Korea: End secrecy surrounding North Korean restaurant workers (ASA 25/4413/2016) investigation into the excessive use of force 2. North Korea: U.S. citizen hard labour sentence shrouded in secrecy by police against largely peaceful protesters (News story, 29 April) during the anti-government “People’s Rally” in November 2015, nor held accountable any

Amnesty International Report 2016/17 221 officers or commanding authorities corporations and launching disciplinary responsible. On 25 September, Baek Nam-gi, actions against individual journalists as a a veteran rural activist critically injured after warning to others. These tactics were evident he was hit by a water cannon during the during the reporting of the Sewol Ferry demonstrations, died after spending 10 disaster in 2014 and the discussions on the months in a coma.1 THAAD system. The delay in investigating Baek Nam-gi’s The authorities continued to use the injuries was in sharp contrast to the vaguely worded National Security Law to conviction of Han Sang-gyun, president of intimidate and imprison people exercising the Korean Confederation of Trade Unions, their right to freedom of expression. and co-organizer of several demonstrations, Individuals arrested for alleged violations of including union participation in the People’s the law included members of the Corean Rally. Han Sang-gyun was sentenced to five Alliance for an Independent Reunification years in prison on 4 July on charges and Democracy (CAIRD), which was forced including inciting illegal acts among a small to disband as a direct result of repeated number of protesters during the largely repressions. Kim Hye-young, a CAIRD activist peaceful demonstrations. The sentence was suffering from thyroid cancer, was sentenced reduced to three years on 13 December on to two years’ imprisonment in January after appeal.2 being arrested in July 2015 during a peaceful In another instance of what critics of the protest.3 Yang Ko-eun, another CAIRD government saw as an attempt to limit representative, was prohibited from travelling freedom of assembly, the Korean Navy filed a overseas in June to speak about the civil lawsuit against 116 individuals and five conditions of her fellow members, and was groups protesting against the construction of arrested in September. a naval base on Jeju island. In March, the Navy sought 3.4 billion KRW (US$2.9 million) CORPORATE ACCOUNTABILITY as compensation for losses incurred from In May, the UK company Reckitt Benckiser construction delays allegedly caused by accepted full responsibility for the deaths of protests that had been ongoing for eight at least 95 people, as well as for adverse years. health effects suffered by hundreds and potentially thousands more. These were FREEDOM OF EXPRESSION linked to a humidifier sterilizer product sold The National Assembly passed an anti- by its Korean subsidiary over a period of terrorism law in March after the opposition many years. Following a country visit the staged a nine-day filibuster due to concerns previous year, the UN Special Rapporteur on over what they saw as its potential for abuse. human rights and hazardous substances The law greatly expanded the power of the concluded in an August report that this and state to conduct surveillance of other companies had failed to conduct a communications and to collect personal reasonable degree of human rights due information on people suspected of links with diligence with respect to the safety of the terrorism. chemicals they sold to consumers. He The authorities undercut press freedom recommended that Reckitt Benckiser ensure through increasingly heavy interference with that all victims be identified and receive news reporting, especially by television compensation. broadcasters. In July, the National Union of Media Workers denounced an array of tactics WORKERS’ RIGHTS used by the government to influence news Businesses, particularly those in the coverage, including nominating individuals construction sector, continued to hinder close to the government to the boards of union activities among employees and influential, publicly owned media workers employed by subcontractors without

222 Amnesty International Report 2016/17 being sanctioned by the government. According to a June report by the UN CONSCIENTIOUS OBJECTORS Working Group on the issue of human rights Approximately 400 conscientious objectors to and transnational corporations and other military service remained in prison solely for business enterprises, some companies had exercising their right to freedom of thought, set up so-called “yellow unions” that were not conscience and religion, which also independent and did not meet standards for constituted a case of arbitrary detention collective bargaining. Other companies hired under international law. Those who had legal consultants to design “union-busting” completed their jail terms for refusing to measures, or private security firms to harass perform military service in the absence of any union members. alternatives continued to face economic and social disadvantages due to these criminal REFUGEES AND ASYLUM-SEEKERS records. Following legal amendments which The National Immigration Service detained came into force in 2015, on 20 December more than 100 asylum-seekers for months at the government published the names and Incheon International Airport, including 28 personal information of 237 conscientious men from Syria whom the Incheon District objectors on the website of the Military Court ruled in June should be released and Manpower Administration. allowed to apply for asylum. Dozens of The Constitutional Court was still asylum-seekers from other countries such as examining the legality of conscientious Egypt remained detained at the airport under objections in cases brought between 2012 inhumane conditions and without basic and 2015. District courts ruled in favour of necessities and services, including beds, four men refusing military duty, adding to the adequate showers and sanitation facilities, six men receiving acquittals in 2015. Appeals food acceptable for religious beliefs, or the by the prosecution, however, resulted in the opportunity to exercise outdoors. overturning of two of the acquittals. In October, an appeals court acquitted two other ARBITRARY ARRESTS AND DETENTIONS men who had appealed against the guilty Thirteen North Korean restaurant workers verdicts handed down by the court of first who had been working in Ningbo, China, instance. were detained for four months in a facility run by the National Intelligence Service after their 1. Urgent action: Protester seriously injured by water cannon (ASA arrival from China in April (see Korea 25/4503/2016) (Democratic People’s Republic of) entry). 2. South Korea: Five year sentence against union leader a chilling blow Relatives said in media interviews facilitated to peaceful protest (News story, 4 July) by the North Korean government that the 3. South Korea: Woman denied medical help on hunger strike (ASA workers had been involuntarily taken to South 25/4150/2016) Korea. The individuals were not allowed to 4. South Korea: End secrecy surrounding North Korean restaurant contact their families or lawyers of their workers (ASA 25/4413/2016) choosing, nor to talk to anybody outside the facility about their reasons for travelling to South Korea. This undermined a review of KUWAIT the lawfulness of their detention by an independent and impartial judicial power and State of Kuwait raised questions about the government’s Head of state: Sheikh Sabah al-Ahmad al-Jaber al- enforced settlement support process for Sabah arrivals from North Korea.4 Head of government: Sheikh Jaber al-Mubarak al- Hamad al-Sabah

Amnesty International Report 2016/17 223 The authorities further curtailed freedom of Also in January, Parliament approved an expression and prosecuted and imprisoned electronic media law regulating all online government critics under criminal publications, including electronic news defamation laws; some were prisoners of services, online newspapers, television, social conscience. Members of the Bidun minority media and , placing them under a legal continued to face discrimination and were obligation to obtain a government licence to denied citizenship rights. Migrant workers operate. The authorities began implementing remained inadequately protected against the new law in July. In February, the Law on exploitation and abuse. Courts handed Print and Publications was amended to cover down new death sentences; no executions online publications. In June, a new law came were reported. into force prohibiting anyone with a confirmed conviction on charges of insulting BACKGROUND God, the prophets or the Emir, from running Parliament approved a new law lowering the for Parliament, in effect barring some age of minors from 18 to 16 years on 31 government critics from being elected. December 2015. When enacted in January Abdulhamid Dashti, a Shi’a opposition MP, 2017, anyone arrested at the age of 16 or 17 was stripped of his parliamentary immunity in would be tried as an adult, and in some March. He then went abroad but faced cases could face the death penalty. prosecution and separate trials on an array of The UN Committee against Torture charges – including some arising from his considered Kuwait’s third periodic report in peaceful criticism of the governments of July.1 The Committee subsequently Bahrain and Saudi Arabia in social and other expressed concern about proposed media – and possible prison sentences amendments to the Code of Criminal totalling over 40 years. In December, an Procedures that would double to four days appeal court overturned his acquittal in one the period for which police can hold detained case and imposed a 10-year sentence. He suspects without bringing them before a was unable to lodge an appeal while he judge and increase pre-trial detention on remains outside Kuwait. remand from 10 days to a maximum of Musallam al-Barrak, a former MP and 21 days. leading government critic, continued to serve In July, after reviewing Kuwait’s third report a two-year prison term for criticizing the on its application of the ICCPR, the UN government in a speech and faced separate Human Rights Committee presented trials on other charges. In November the recommendations to the government, Appeal Court upheld the suspended prison including on reform of criminal blasphemy sentences of 13 people for publicizing or and insult laws; criminalization of domestic reciting extracts from Musallam al-Barrak’s violence, including marital rape; and action to speech. address Bidun statelessness.2 In February, the Appeal Court confirmed Kuwait remained part of the Saudi Arabia- the one-year prison sentence followed by led international coalition engaged in armed expulsion from Kuwait imposed on Bidun conflict in Yemen (see Yemen entry). rights activist Abdulhakim al-Fadhli in 2015 for participating in a peaceful “illegal FREEDOMS OF EXPRESSION gathering”. He was arrested in April to serve AND ASSEMBLY his sentence, which was confirmed in May by The authorities tightened restrictions on the Cassation Court. In June, on appeal, the freedom of expression. A new cybercrime law Misdemeanours Cassation Court ordered his that took effect in January further restricted release pending review, and in September it online expression, penalizing peaceful upheld the initial verdict. The authorities criticism of the government, the judiciary and released Abdulhakim al-Fadhli in August others with up to 10 years’ imprisonment. after he completed a three-month prison

224 Amnesty International Report 2016/17 term in a separate case but he handed Kuwaiti nationality was outside its jurisdiction. himself to the authorities in September In December the Cassation Court rejected his following the Misdemeanours Cassation appeal. Court’s verdict. DISCRIMINATION – BIDUN COUNTER-TERROR AND SECURITY The authorities continued to withhold The number of terrorism-related arrests and citizenship from more than 100,000 Bidun trials increased. Courts sentenced at least residents of Kuwait, who remained stateless. two defendants to death and others to prison In May, Parliament approved a draft law that terms. A 2015 law requiring all citizens and would grant Kuwaiti citizenship to up to residents of Kuwait to provide the authorities 4,000 Bidun and referred it to the with samples of their DNA came into force in government; it had not been enacted by the July, despite local and international calls for end of 2016. The government of the island its amendment due to it being state of Comoros said in May that it would disproportionate and a violation of the right to consider granting “economic citizenship” to privacy. Under the law, anyone who does not Bidun if it received an official request from comply or has no valid excuse for failing to the Kuwaiti authorities. provide a sample faces up to one year in prison and/or a fine of up to 10,000 Kuwaiti WOMEN’S RIGHTS dinars (US$33,150). Women continued to face discrimination in In May, the Court of Cassation confirmed law and in practice. In May, the Committee the death sentence of one man convicted of for Legislative and Legal Affairs approved a perpetrating the July 2015 bombing of the proposed amendment to the citizenship law Imam Sadiq Mosque in Kuwait City, but that would allow Kuwaiti women to pass their reduced the sentence of his co-accused to nationality on to their children, regardless of 15 years’ imprisonment. The Court failed to the father’s nationality. The amendment had exclude statements that were alleged to have not been enacted by the end of the year. been extracted under torture and other ill- treatment as evidence in the proceedings. MIGRANT WORKERS’ RIGHTS In January, the Criminal Court sentenced Migrant workers, including those in the two men to death and 20 others to prison domestic, construction and other sectors, terms ranging from five years to life on continued to face exploitation and abuse charges that included “spying for Iran and under the official kafala sponsorship system, Hizbullah”. Some of the 26 defendants in the which ties workers to their employers and case alleged that security officials tortured prevents them from changing jobs or leaving them in pre-trial detention to coerce the country without the employer’s “confessions”. The Court failed to investigate permission. In July, the authorities issued a their allegations of torture. In July, an appeal decree setting minimum wages for domestic court confirmed one death sentence in the workers, most of whom are women. case, while reducing other sentences and acquitting nine defendants. The authorities DEATH PENALTY then referred 17 of the defendants for trial on Courts handed down death sentences for new terrorism-related charges. offences including murder and drug-related charges. No executions were reported. DEPRIVATION OF NATIONALITY In April, the Administrative Cassation Court 1. Kuwait: Amnesty International submission to the UN Committee rejected a ruling of the Administrative Appeal against Torture (MDE 17/4395/2016) Court that a case brought by former MP 2. Kuwait: Amnesty International submission to the UN Human Rights Abdullah Hashr al-Barghash against a Committee (MDE 17/4145/2016) government decision to strip him of his

Amnesty International Report 2016/17 225 2014, on its third reading in May. It would KYRGYZSTAN have forced NGOs receiving foreign aid and engaging in any form of vaguely defined Kyrgyz Republic “political activities” to adopt and publicly use Head of state: Almazbek Atambaev the stigmatizing label of “foreign agent”. Head of government: Sooronbai Jeenbekov (replaced Temir Sariev in April) RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE Prisoner of conscience Azimjan Askarov In May, the Parliamentary Committee on Law, remained in prison, despite a Order and Fighting Crime withdrew draft recommendation by the UN Human Rights legislation to criminalize “fostering a positive Committee that he be immediately attitude” towards “non-traditional sexual released. A “foreign agents” law that would relations” for further review before the final have negatively affected NGOs was parliamentary vote. LGBTI rights activists said rejected, but a draft law on propaganda of that even though the law had not yet been “non-traditional sexual relations” remained passed, it was already “hanging over them” under discussion. Constitutional and limiting their activities. amendments threatened human rights protection. Perpetrators of torture and of LEGAL, CONSTITUTIONAL OR violence against women enjoyed impunity, INSTITUTIONAL DEVELOPMENTS and police carried out discriminatory raids In a referendum held on 11 December, against sex workers. The authorities voters accepted constitutional amendments continued to make no genuine effort to that undermine human rights protection. effectively investigate the June 2010 These amendments introduce clauses on violence in Osh and Jalal-Abad. “supreme state values” and weaken the supremacy of international law over domestic PRISONER OF CONSCIENCE law stipulated in the current Constitution. An On 31 March, the UN Human Rights amendment to the article on marriage and Committee urged Kyrgyzstan to immediately the family states that the family is formed on release prisoner of conscience Azimjan the basis of a union between a woman and a Askarov, an ethnic Uzbek human rights man; the current Constitution does not defender, who was sentenced in 2010 to life include this wording. in prison for purportedly participating in the 2010 ethnic violence and the murder of a DISCRIMINATION – SEX WORKERS police officer. The Committee considered that In June and July, police in the capital, he had been arbitrarily detained, tortured and Bishkek, the surrounding Chui region, and in denied his right to a fair trial. In response, the the southern city of Osh carried out co- Supreme Court reviewed the case on 11 and ordinated and targeted operations in areas 12 July, but did not follow the Committee’s where sex workers were known to conclusions that Azimjan Askarov should be congregate, and detained and penalized released, and ordered a retrial which opened women they found there. Sex work is not at Chui Regional Court on 4 October. It criminalized in Kyrgyzstan, but some of the continued through to 20 December with a women received administrative fines for verdict expected in January 2017. Azimjan “petty hooliganism” or for failing to produce Askarov participated in all 10 hearings, identity documents. High-ranking police seated in a metal cage. officials made discriminatory and stigmatizing statements about women engaged in sex FREEDOM OF ASSOCIATION work in June, referring to the need to The Parliament rejected the proposed “cleanse” the streets and encouraged “foreign agents” law, originally proposed in “community patrols” to photograph people

226 Amnesty International Report 2016/17 they believed to be sex workers and pass the girls remained pervasive. In most cases, photographs to the police. This risked women who survived violence did not go to increased intimidation and violence towards the police, due to social stigma and sex workers from nationalist groups and other discriminatory attitudes, and because they non-state actors that had targeted sex had little faith in the police and justice workers in the past. system. Lack of economic opportunities NGOs working with sex workers found that made it difficult for women to leave abusive women engaged in sex work faced barriers in relationships and live independently, accessing health care, including reproductive particularly if they wanted to take their and sexual health services. Sex work is highly children with them. stigmatized in Kyrgyzstan. Health care According to the National Statistics providers discriminated against sex workers Committee, 4,960 cases of domestic violence by denying them treatment or offering low were registered in the period between quality treatment, and by not respecting January and October of which 158 cases confidentiality. Many sex workers did not proceeded to criminal prosecution. have identity documents, which are difficult A law that will help protect adolescent girls to replace without registration at a permanent from early and forced marriages passed its address. Lack of identity documents also final parliamentary reading in October and limited sex workers’ access to health care was signed into law by the President on 18 and other essential services. November. The law introduces criminal sanctions of up to five years’ imprisonment IMPUNITY for anyone involved in organizing or officiating Torture and other cruel, inhuman or at a religious marriage ceremony where one degrading treatment, and lack of or both of the spouses is under the age of 18. accountability for these human rights This will include religious leaders, as well as violations, remained commonplace. Court parents of the would-be spouses. cases involving accusations of torture often dragged on for months or years. The authorities failed to make a genuine effort to effectively investigate the June 2010 LAOS inter-ethnic violence in southern Kyrgyzstan. Lao People’s Democratic Republic While violence was used by members of both Head of state: Bounnhang Vorachith (replaced ethnic Kyrgyz and Uzbek communities, and Choummaly Sayasone in April) while the latter sustained most deaths, Head of government: Thongloun Sisoulith (replaced injuries and damage, prosecutions were Thongsing Thammavong in April) disproportionately aimed at members of the ethnic Uzbek community. The rights to freedom of expression, No one was held responsible for the death association and peaceful assembly of Usmanzhan Khalmirzaev, an ethnic Uzbek remained severely restricted. State control with Russian citizenship who died of his of media and civil society was tightened as injuries in August 2011 after being detained Laos hosted international meetings. and beaten by police. On 22 July, a judge at Repression of human rights defenders Chui Regional Court upheld the October continued. Two prisoners of conscience 2015 acquittal of the four police officers were released in March after being held for suspected of being implicated in his death, almost 17 years. on grounds of lack of evidence. There was no progress in the investigation into the enforced disappearance in 2012 of VIOLENCE AGAINST WOMEN AND GIRLS a civil society member. The death penalty Domestic violence, forced marriage, and remained mandatory for serious drug other forms of violence against women and offences.

Amnesty International Report 2016/17 227 stated that police were monitoring Facebook BACKGROUND for anyone connected to three detained The ruling Lao People’s Revolutionary Party activists − Lodkham Thammavong, appointed a new General Secretary and Somphone Phimmasone and Soukan Politburo in its internal leadership ballot in Chaithad. January. National Assembly elections in Laos cancelled its hosting of the ASEAN March were followed by the appointment of a Civil Society Conference/ASEAN People’s President and Prime Minister. Laos remained Forum, citing insufficient funds and the risk a one-party state. of foreign civil society actors using the event UN Special Procedures expressed serious to criticize ASEAN-member governments. concerns about the potential impact of the Don Sahong Dam on the livelihood of millions HUMAN RIGHTS DEFENDERS of people in Laos and downstream countries, Lodkham Thammavong, Somphone including the threat to rights to adequate Phimmasone and Soukan Chaithad were food, housing, information and participation arrested in March after returning from and the rights of Indigenous People. Thailand. Reports indicated they were Laos also held the Chair of the Association detained incommunicado for at least six of Southeast Asian Nations (ASEAN) in 2016. months and denied legal representation.1 They were accused of threatening national ENFORCED DISAPPEARANCES security in relation to online criticism of the The fate of Sombath Somphone, a prominent Lao government while in Thailand. They had civil society member, remained unclarified also participated in a peaceful demonstration since his abduction in 2012 outside a police outside the Lao Embassy in Bangkok in post in the capital, Vientiane. CCTV cameras 2015. In May, state television showed them captured his being stopped by police and apologizing for their actions and confessing to driven away. protesting against government policies. Authorities failed to provide information on Somphone Phimmasone’s family visited him the whereabouts of Kha Yang, a Lao ethnic briefly in jail in September. All three Hmong, arrested after his second forced individuals remained in detention at the end return from Thailand in 2011. He was also of the year. forcibly returned in 2009, although he had been granted refugee status by the UNHCR, LAND DISPUTES the UN refugee agency, and fled back to Reports of land disputes between the state Thailand in 2011. and individuals continued. Mechanisms for resolving land complaints were inadequate. FREEDOM OF EXPRESSION Civil society organizations continued to be 1. Laos: Three Lao activists held incommunicado (ASA 26/4603/2016) under stringent state control. In January, a decree restricted the press activities of international media and other bodies. Provisions included a requirement to LATVIA submit materials for state approval before publishing. In November the 2008 Media Republic of Latvia Law was amended to ensure that the media Head of state: Raimonds Vējonis Head of government: Māris Kučinskis (replaced strictly adhered to and promoted government Laimdota Straujuma in February) policies. In line with Decree 327 which prohibits online criticism of the state, the authorities The Council of Europe and the UN raised continued to monitor internet activity. In serious concerns about the situation of August a Public Security Ministry official children with disabilities. Over 247,000

228 Amnesty International Report 2016/17 people remained stateless. Individuals continued to be at risk of refoulement. LEBANON

DISCRIMINATION Lebanese Republic Stateless persons Head of state: Michel Aoun (assumed office in October) The number of stateless persons continued Head of government: Saad Hariri (replaced Tammam to be high – over 247,000 as of July, the Salam in December) latest published government data. Stateless people, the vast majority ethnic Russians, The human rights situation continued to be were excluded from enjoying political rights. affected by the armed conflict in Syria. Lebanon hosted more than 1 million Rights of people with disabilities refugees from Syria, but the authorities Following a five-day visit to Latvia in severely restricted their right to asylum and September, the Council of Europe maintained restrictions that effectively Commissioner for Human Rights raised closed Lebanon’s borders to those fleeing concerns about the situation of persons with Syria. Most refugees faced severe economic disabilities in institutions, in particular that of hardship. Women were discriminated children with intellectual and psychosocial against in law and practice and were disabilities. His comments echoed the inadequately protected against sexual and concerns of the UN Committee on the Rights other violence. Migrant workers faced of the Child which, in March, called for the exploitation and abuse. The authorities took government to set up comprehensive no steps to investigate the fate of thousands measures to ensure that inclusive education of people who disappeared or went missing is given priority over the placement of during the conflict of 1975 to 1990. Long- children with disabilities in specialized resident Palestinian refugees continued to institutions. face discrimination. Parliament approved a new law to establish a National Human REFUGEES AND ASYLUM-SEEKERS Rights Institute. Courts continued to The number of asylum applications remained impose death sentences; there were no low, with about 350 received during the year. executions. The European Commission criticized the government for rejecting relocation requests BACKGROUND of asylum-seekers from other European Tensions between the main political parties countries without providing substantiated caused continued political impasse. However, reasons or for rejecting requests on in October, the Parliament elected a new unjustified grounds. By the end of the year, president; the presidency had been vacant Latvia had relocated 148 asylum-seekers since May 2014. Public protests against the under the EU relocation and resettlement government’s continued failure to implement scheme. Concerns remained about the non- sustainable solutions to the country’s waste suspensive effect of appeals against negative collection and disposal problems diminished decisions under the accelerated asylum compared with 2015. procedure. The procedure increases the risk Security conditions deteriorated; there of individuals being returned to countries were bomb attacks in the capital Beirut and where they could face serious human rights in Beqaa governorate. Suicide bombers killed violations. five people and wounded 28 others, mostly In March, the UN Committee on the Rights civilians, on 27 June in the predominantly of the Child raised concerns about the Christian village of Qaa in the Beqaa Valley. detention of asylum-seeking children during The army detained dozens of refugees the asylum-seeking procedure and called on following the attacks in Qaa, accusing them the government to end the practice. of having irregular status in Lebanon.

Amnesty International Report 2016/17 229 Lebanese border areas continued to come According to the UN, 70% of Syrian refugee under fire from Syria, where the armed group households lived below the poverty line and Islamic State (IS) continued to hold Lebanese more than half lived in substandard soldiers and security officials that its forces conditions in overcrowded buildings and abducted from Lebanon in 2014. densely populated neighbourhoods. In September, judicial authorities indicted The UN humanitarian appeal for Syrian two Syrian government intelligence officers. refugees in Lebanon was only 52% funded They were accused of committing by the end of the year and resettlement simultaneous bomb attacks in 2013 at two places in other countries remained mosques in the northern city of Tripoli, in inadequate. Cuts in funding led the UN to which 42 people were killed and some 600 reduce both the amount of its support to injured, mostly civilians. Neither of those Syrian refugees in Lebanon and the number indicted had been apprehended by the end in receipt of UN support. of 2016. On 8 January, security officials at Beirut Airport forcibly returned more than 100 TORTURE AND OTHER ILL-TREATMENT Syrians to Syria, in violation of the principle of In October the Parliament approved a new non-refoulement. The returned refugees had law to establish a National Human Rights been seeking to travel to Turkey via Lebanon. Institute, including a committee to investigate Palestinian refugees, including many long- the use of torture and other ill-treatment in all resident in Lebanon, remained subject to places of detention, including prisons, police discriminatory laws that deny them the right stations and immigrant detention sites. to own or inherit property and access public education and health services, and that REFUGEES AND ASYLUM-SEEKERS prevent them from working in at least 35 Lebanon hosted more than 1 million refugees professions. At least 3,000 Palestinian from Syria in addition to some 280,000 long- refugees who did not hold official identity term Palestinian refugees and more than documents faced further restrictions denying 20,000 refugees from Iraq, Sudan, Ethiopia them the right to register births, marriages and other countries. and deaths. Lebanon again failed to become party to the 1951 UN Refugee Convention and its WOMEN’S RIGHTS 1967 Protocol. Refugees from Syria Women remained subject to personal status continued to face serious restrictions on their laws that retained discriminatory provisions right to seek asylum, as the Lebanese pertaining to marriage, divorce, child custody authorities did not formally recognize them as and inheritance. The nationality law refugees. The authorities also maintained continued to prevent Lebanese women strict criteria introduced in January 2015 and married to foreign nationals from passing on denied entry to all refugees from Syria who their nationality to their children. The same did not meet the criteria, effectively closing law did not apply to Lebanese men. Lebanon’s borders to people fleeing the Women remained unprotected from armed conflict and persecution in Syria. A marital rape, which the 2013 Law on government decision from May 2015 Protection of Women and Family Members continued to bar UNHCR, the UN refugee from Domestic Violence failed to criminalize. agency, from registering newly arrived This law was used in 2016 to charge the refugees. Within Lebanon, Syrian refugees husbands of Roula Yaacoub and Manal Assi faced financial and administrative difficulties for beating their wives to death in 2013 and in obtaining or renewing residency permits, 2014 respectively; the latter was sentenced exposing them to a constant risk of arbitrary to death, which was reduced in July to five arrest, detention and forcible return to Syria. years in prison. They also faced severe economic hardship.

230 Amnesty International Report 2016/17 Syrian and Palestinian refugee women disappeared or went missing during the civil from Syria faced serious human rights war of 1975 to 1990 and who may have been abuses, including gender-based violence, unlawfully killed. This failure perpetuated the exploitation and sexual harassment, suffering of the families of the disappeared, particularly in public places. Refugee women who continued to face administrative, legal, heads of households were especially at risk of social and economic hurdles resulting from harassment by men if they had no adult male the enforced disappearance of their relatives. relatives residing with them. Many refugee women from Syria lacked valid residence DEATH PENALTY permits and, as a result, feared reporting Courts imposed at least 107 death sentences sexual harassment or other abuse to the for terrorism-related crimes. No executions Lebanese authorities. have been carried out since 2004. MIGRANT WORKERS’ RIGHTS Migrant workers were excluded from the protections provided to other workers under LESOTHO the Labour Law, exposing them to labour Kingdom of Lesotho exploitation and physical, sexual and Head of state: King Letsie III psychological abuse by their employers. Head of government: Migrant domestic workers, mostly women, remained especially vulnerable under the Political instability persisted following an kafala sponsorship system that ties workers attempted coup in 2014 and the killing of a to their employer. former army chief in 2015. Several opposition party members remained in INTERNATIONAL JUSTICE exile. The right to freedom of expression Special Tribunal for Lebanon remained severely limited. Journalists faced The Netherlands-based Special Tribunal for intimidation, physical attacks and politically Lebanon (STL) continued to try in their motivated criminal charges in relation to absence four men accused of complicity in their work, prompting several to flee the the killing of former Lebanese Prime Minister country. The rights to health and an Rafic Hariri and others in a 2005 car adequate standard of living were bombing in Beirut. The four continued to undermined. evade arrest. A fifth accused died in Syria. On 8 March, the STL Appeals Panel POLITICAL INSTABILITY acquitted Lebanese journalist Karma Khayat The report of the Southern Africa and her employer Al Jadeed TV of contempt Development Community (SADC) of court. On 15 July, the STL charged al- Commission of Inquiry into instability in Akhbar newspaper and its editor-in-chief, Lesotho was made public in February. Ibrahim al-Amine, with contempt of court for Among other things, the inquiry looked into failing to comply with a court order requiring the killing by soldiers of Lieutenant-General them to remove information concerning Maaparankoe Mahao in June 2015 following confidential witnesses and obstruction of his dismissal from the justice. On 29 August the court sentenced (LDF) and replacement by Lieutenant- Ibrahim al-Amine to a fine of €20,000 and al- General Tlali Kamoli. The soldiers said that Akhbar newspaper to a fine of €6,000. Maaparankoe Mahao fired on them when they attempted to arrest him on suspicion of IMPUNITY plotting a mutiny in the army. The SADC The government again failed to establish an report found no evidence that Maaparankoe independent national body to investigate the Mahao had planned a mutiny and concluded fate of thousands of people who were forcibly that he was deliberately killed. It

Amnesty International Report 2016/17 231 recommended criminal investigations into the soldiers were held in solitary confinement killing and the dismissal of Tlali Kamoli. The and denied food. One was denied specialized government announced Tlali Kamoli’s medical treatment and some were shackled. retirement effective from 1 December. Makoae Taoana, a medical doctor who Prime Minister Mosisili commissioned a examined the soldiers after their arrest and joint task force, comprising members of the torture, died in an unexplained accident in police and army, to investigate the July. Police announced they were circumstances of the killing. Maaparankoe investigating the circumstances of his death. Mahao’s family dismissed it as lacking impartiality. FREEDOM OF EXPRESSION The SADC summit in June urged Journalists working in broadcast, print and opposition leaders who had fled Lesotho after social media continued to face physical receiving death threats in 2015 to return by attacks and harassment. On 23 June, after August to participate in constitutional and publishing an article that alleged that Tlali security reforms recommended by the SADC. Kamoli was to receive an exit package of R50 In November, the government introduced an million (US$3.5 million), Lesotho Times Amnesty Bill which if passed would enable reporter Keiso Mohloboli was interrogated at impunity for serious human rights violations. police headquarters and asked to disclose her sources. The following day she UNFAIR TRIALS was arrested and interrogated along with the Fifteen LDF members charged with sedition newspaper’s editor, Lloyd Mutungamiri. On 5 and mutiny in May 2015 remained held at July, Lloyd Mutungamiri and Lesotho Times Maseru Maximum Security Prison, even publisher Basildon Peta were interrogated. though the SADC inquiry found no conclusive Basildon Peta was charged with criminal evidence of a mutiny and recommended that defamation and a related offence. The the soldiers be released.1 In October 2015 charges arose from a column that satirized the High Court had ordered the release of all Tlali Kamoli. On 9 July, unidentified gunmen the soldiers on “open arrest” − a form of attacked and injured Lloyd Mutungamiri in military bail − but only seven were released. his driveway. There was no known Tlali Kamoli was charged with contempt of investigation into the incident. Lloyd court after failing to comply with the court Mutungamiri had been charged with criminal order. On 29 April, the Appeals Court defamation in September 2014 for reporting rejected a request by the remaining soldiers on police corruption; no further action was to be placed under “open arrest”, thereby known to have been taken. Keiso Mohloboli overruling the High Court order. The court fled Lesotho, fearing for her life. martial of the detained soldiers was repeatedly postponed. RIGHT TO HEALTH All five lawyers representing the soldiers The public health care system faced a faced death threats.2 One of the lawyers was deepening crisis, largely due to debts owed to arrested and charged with perjury allegedly South Africa and the World Bank relating to committed while representing the detained the provision of health care. Patients unable soldiers. Additional charges of fraud, to afford new hospital charges imposed contempt of court and obstruction of justice because of debt repayments were told to were added to his indictment. access free health care in neighbouring South Africa, but without help for travel costs. TORTURE AND OTHER ILL-TREATMENT The imprisoned LDF soldiers continued to RIGHT TO AN ADEQUATE STANDARD face cruel, inhuman and degrading OF LIVING treatment.3 After a march organized by the Villagers, livestock and ancestral graves were detainees’ children on 16 June, some of the resettled in Mokhotlong town during the

232 Amnesty International Report 2016/17 ongoing construction of Polihali Dam, a major project in Lesotho designed to supply water BACKGROUND to South Africa. The limited space offered in Libya remained deeply divided as rival Mokhotlong meant that villagers lost their governments continued to vie for political livelihoods, which were based on livestock legitimacy and assert control against a and subsistence farming. People living near background of economic collapse and the dam continued to have no access to widespread lawlessness in which armed piped clean water and electricity. groups and militias abducted people for ransom and committed unlawful killings with impunity. 1. Lesotho: Call for immediate release of detained soldiers following the report of SADC Commission of Inquiry on Lesotho (AFR 33/3444/2016) The Presidency Council of a UN-backed 2. Lesotho: Trial of 23 soldiers postponed again (AFR 33/3481/2016) Government of National Accord (GNA) entered the capital, Tripoli, in March and 3. Lesotho: Continued ill-treatment of detained soldiers (AFR 33/4411/2016) seized power from the National Salvation Government (NSG) with support from armed groups from western cities and towns who previously backed the NSG. The NSG LIBYA continued to claim legitimacy and unsuccessfully sought to reclaim power by State of Libya force in October. The GNA failed to Head of state: Disputed Head of government: Fayez Serraj consolidate power amid continued sporadic clashes between armed groups, including in areas it controlled, while its legitimacy Rival government forces and other armed remained contested by Libya’s recognized groups and militias committed serious parliament, the House of Representatives violations of international law and abuses of (HOR) based in Tobruk. human rights with impunity. All sides to the The HOR-affiliated Libyan National Army conflict carried out indiscriminate attacks (LNA), an armed group composed of former and direct attacks on civilians, forcing army units and tribal militias, commanded by thousands to become internally displaced retired army General Khalifa Haftar, and causing a humanitarian crisis. consolidated its power and made significant Thousands of people continued to be territorial gains in the east. The LNA replaced detained without trial in the absence of a some elected municipal council heads with functioning justice system, and torture and military-appointed governors in areas they other ill-treatment were rife. Armed groups controlled, while their forces captured vital oil including Islamic State (IS) abducted, terminals from a GNA-allied armed group in detained and killed civilians and severely September. The LNA continued to participate curtailed the rights to freedom of expression in fighting against the Shura Council of and assembly. Women faced discrimination Benghazi Revolutionaries (SCBR) armed and were subjected to sexual and other group in Benghazi, and conducted air strikes violence, particularly by IS. Refugees, in Derna. asylum-seekers and migrants faced serious IS controlled parts of the coastal city of abuses, including indefinite detention and Sirte and contested other areas. In February, torture and other ill-treatment by the a US air strike on an alleged IS training camp authorities, armed groups and people in the western city of Sabratha reportedly smugglers. The death penalty remained in killed up to 50 people, including two Serbian force; no executions were reported. nationals held hostage by IS. In May, GNA forces composed mostly of armed groups from Misrata began an offensive against IS positions in Sirte, supported by US air strikes

Amnesty International Report 2016/17 233 in August, and gained control of the city in shelling between GNA forces and pro-NSG early December. armed groups hit a camp for internally In April the Constitution Drafting Assembly displaced people in Tripoli, killing one civilian issued a revised draft constitution to be and injuring others. approved by national referendum, but no date for the referendum had been set by the Humanitarian impact end of the year. The conflict had a devastating impact on The UN Security Council extended the civilians, cutting or severely curtailing their mandate of the United Nations Support access to food, health care, education, Mission in Libya (UNSMIL) until 15 electricity, fuel and water supplies, and September 2017. causing many to be displaced from their homes. Economic collapse left many INTERNAL ARMED CONFLICT struggling to support their families. Indiscriminate shelling and direct attacks on The World Health Organization reported in civilians April that Libya’s health care system had Armed groups on all sides of the conflict virtually collapsed and in June estimated that committed war crimes, including direct almost 60% of public hospitals in areas of attacks on civilians and indiscriminate conflict had shut down or become attacks using imprecise weapons such as inaccessible. mortars and artillery shells, killing and Hundreds of civilians remained trapped injuring scores of people. IS carried out without access to clean water, food, power or indiscriminate attacks using improvised medical care in Benghazi’s Ganfouda area explosive devices and suicide bombings due to fighting. against pro-GNA forces. In October, the UN Office for the In Benghazi, the LNA shelled and Coordination of Humanitarian Affairs launched air strikes in the suburb of estimated that 1.3 million people across Ganfouda and other civilian areas under Libya were in need of humanitarian SCBR control and the SCBR shelled other assistance. densely populated civilian areas. A LNA air strike on 1 July killed two civilians in Abductions and hostage-taking Ganfouda. On 4 October, indiscriminate Armed groups, including some operating shelling apparently by SCBR forces killed under Libya’s rival governments, abducted three civilians in Sidi Hussein, central and detained civilians on account of their Benghazi. origin, opinions and perceived political or Some attacks by armed groups and tribal affiliations. Rising criminality in the militias in Benghazi targeted hospitals and absence of a functioning justice system also other civilian buildings. They included a car saw armed groups and gangs abducting bomb attack on 24 June at al-Jalaa hospital civilians for ransom in Tripoli and other cities. that killed five and wounded 13, mostly Those abducted included political, human civilians. rights and other activists, journalists, and LNA air strikes killed civilians in the judicial and other public officials. Some eastern city of Derna while targeting al- foreign nationals were targeted based on their Qa’ida-linked armed groups in the city. In religion, race or nationality. Some were June, LNA air strikes killed six civilians, released after payment of ransoms or local including children, according to UNSMIL. mediation. Fighting between rival armed groups in Some armed groups continued to hold Tripoli, al-Zawiya and other cities in western civilians abducted in 2014 as hostages for Libya, as well as tribal fighting in southern use in prisoner exchanges. In September, a Libya, also caused deaths and injuries among Zintan-based armed group released civilians. On 16 October, indiscriminate Suleiman al-Zubi, a former member of Libya’s

234 Amnesty International Report 2016/17 General National Congress abducted in Saadi al-Gaddafi, was reportedly restored to 2014, reportedly in exchange for Zintani his position. prisoners held in Misrata. In November the ICC committed to IS abducted and detained members of prioritize its investigations in 2017 into opposing armed groups and civilians, ongoing crimes in Libya, including those including foreign nationals employed in the committed by IS and other armed groups, oil industry, migrant workers and refugees. and issue new arrest warrants. However, the Other armed groups also targeted foreign ICC initiated no new investigations in 2016, nationals for abduction for ransoms. Victims citing security concerns and insufficient included two Italians and a Canadian resources. abducted on 19 September while working in Saif al-Islam al-Gaddafi, against whom the Ghat, southwest Libya. They were freed in ICC issued a Warrant of Arrest in relation to early November. alleged crimes against humanity committed during the 2011 conflict, continued to be Unlawful killings detained by a militia in Zintan. Armed groups, including some affiliated to None of the parties to the conflict the rival governments, committed unlawful implemented any human rights provisions of killings of captured opposition fighters and the UN-brokered Libya Political Agreement of civilians they perceived as opponents. December 2015, including those obliging In February, IS forces reportedly beheaded them to release detainees held without legal 11 members of a local security force whom basis. they had captured in Sabratha. In June, 12 men detained in connection INTERNALLY DISPLACED PEOPLE with alleged offences during Mu’ammar al- By August the number of internally displaced Gaddafi’s rule were reportedly shot dead people in Libya had risen to almost 350,000, shortly after their release from Tripoli’s al- according to the International Organization Baraka Prison, run by the Ministry of Justice. for Migration (IOM). This included an They appeared to be victims of extrajudicial estimated 40,000 former residents of execution. Tawargha who had been forced from their In July the bodies of 14 men were found homes five years earlier. In August, a dumped in al-Laithi, an area of Benghazi that reconciliation agreement between Misrata the LNA had recaptured from the SCBR. The and Tawargha representatives aimed to men’s hands and legs had been tied and they facilitate their return to the town. had been shot dead by unidentified Most of Sirte’s civilian inhabitants fled the perpetrators. city at the time of the GNA offensive against Libya’s rival governments failed to conduct IS in May. The fighting caused extensive independent or effective investigations into damage but some residents were able to such killings or hold those responsible to return. Conflict in Benghazi and tribal fighting account. in southern Libya also caused population displacement. IMPUNITY Impunity continued to prevail, although in FREEDOMS OF EXPRESSION, January Libya’s Public Prosecutor informed ASSOCIATION AND ASSEMBLY the International Criminal Court (ICC) that Armed groups and militias continued to arrest warrants had been issued against three harass, abduct, torture and kill human rights officials accused of torturing As-Saadi al- defenders, political and other activists and Gaddafi in detention. It remained unclear journalists. whether those accused were arrested and In March, unidentified assailants killed prosecuted. The head of al-Hadba Prison, human rights activist Abdul Basit Abu-Dahab who was suspended after the torture of As- in a car bombing in Derna. The same month,

Amnesty International Report 2016/17 235 members of an armed group ransacked the al-Gaddafi-era officials. Inadequate health offices of Tripoli’s al-Nabaa TV station and care and food led to a decline in many assaulted journalists, and in al-Marj, eastern inmates’ health, while torture was reportedly Libya, armed men abducted blogger and used to punish inmates. journalist Ali al-Asbali, releasing him four months later. REFUGEES’ AND MIGRANTS’ RIGHTS In August, members of an armed group Refugees and migrants were subjected to briefly abducted al-Ahrar TV station journalist serious abuses by armed groups, people Aboubaker Al-Bizanti in Tripoli after he smugglers and traffickers, and guards in criticized the presence of armed groups and government-run detention centres. militias in the capital. The IOM said in October that it had People who attended public gatherings identified 276,957 migrants in Libya but and demonstrations faced attack. In May, estimated the true number to be between unidentified assailants fired mortars at 700,000 and 1 million. UNHCR, the UN protesters demonstrating in al-Kish Square, refugee agency, had registered 38,241 Benghazi, killing six civilians. refugees by the end of the year. Libyan law continued to criminalize foreign JUSTICE SYSTEM nationals who irregularly enter, leave or The justice system remained in a state of remain in the country. Many actual and collapse, with courts unable to process suspected irregular migrants and asylum- thousands of untried detainees’ cases, some seekers were seized at checkpoints and in dating from 2011. Thousands of detainees house raids or reported to the authorities by continued to be held without trial in official their employers. Thousands were held in prisons and detention facilities and in indefinite detention pending deportation in unofficial prisons run by armed groups. Some facilities of the Department for Combating detainees were freed in amnesties, including Irregular Migration (DCIM). Although they 17 men held in Misrata who were released in formally reported to the Ministry of the March. Interior, DCIM detention facilities were often The trial of As-Saadi al-Gaddafi continued run by armed groups outside the effective to be postponed while he remained detained control of the GNA. Those detained were held at al-Hadba Prison, Tripoli. In April, the UN in squalid conditions and were subject to Working Group on Arbitrary Detention torture and other ill-treatment by guards, declared that his detention and that of 11 including beatings, shootings, exploitation other former al-Gaddafi-era officials was and sexual violence. UNHCR reported that arbitrary and without legal basis. there were 24 migrant detention centres At the end of the year, the Supreme Court across Libya. had still to review the death sentences On 1 April, guards shot dead at least four imposed on Saif al-Islam al-Gaddafi, Abdallah people seeking to escape from al-Nasr al-Senussi and seven other former officials in migrant detention centre in al-Zawiya. 2015. Thousands of refugees, asylum-seekers and migrants sought to flee Libya and cross Torture and other ill-treatment the Mediterranean Sea to Europe in Torture and other ill-treatment remained unseaworthy craft provided by people common and widespread and was committed smugglers. The UN estimated that 5,022 with impunity, especially upon arrest or people had died while trying to cross the abduction and during detention in official and Mediterranean from North Africa by the end unofficial prisons. of the year, mostly departing from Libya. Conditions deteriorated in official prisons The EU renewed its anti-smuggling naval including al-Hadba, al-Baraka and others, mission “Operation Sophia” in June, where those held included former high-level extending its mandate to include training for

236 Amnesty International Report 2016/17 Libya’s coastguard service, which began in October. The Libyan coastguard intercepted LITHUANIA thousands of those seeking to cross the Mediterranean, returning them to Libya and Republic of Lithuania indefinite detention in the DCIM-run facilities. Head of state: Dalia Grybauskaitė At times the coastguard committed abuses, Head of government: Saulius Skvernelis (replaced including shooting at and abandoning boats Algirdas Butkevičius in November) at sea, and beating migrants and refugees aboard their vessels and on shore. By 18 The 2016 Baltic Pride March for Equality in December, the Libyan coastguard had Vilnius took place without serious incidents. intercepted and/or rescued more than A Saudi Arabian national who alleged he 14,038 people, according to UNHCR. was tortured and held in secret CIA Refugees, asylum-seekers and migrants detention in Lithuania was denied victim were subjected to serious human rights status, putting an end to his domestic abuses by criminal gangs, including appeal process. abduction, extortion, sexual violence and killing. IS also abducted refugees and COUNTER-TERROR AND SECURITY migrants, forcing some to convert to Islam, In June, the European Court of Human and sexually abused migrant and refugee Rights (ECtHR) held a hearing in a case women reportedly subjecting some to forced against Lithuania for complicity in the US-led marriage. In October the IOM reported that rendition and secret detention programmes, 71% of migrants who took the central which the CIA operated globally in the Mediterranean route from Africa to Europe aftermath of the 11 September 2001 attacks said they had experienced practices in the USA.1 Abu Zubaydah, a stateless amounting to human trafficking, with 49% Palestinian born in Saudi Arabia and having faced abduction and extortion in detained at the US detention centre Libya. at Guantánamo Bay, Cuba,lodged an application against Lithuania in 2011. He WOMEN’S RIGHTS alleged he had been forcibly disappeared Women continued to face discrimination in and tortured at a secret CIA detention centre law and practice and were marginalized in Antaviliai between 2005 and 2006, and socially, politically and economically. The that Lithuania had failed to effectively draft constitution published in April proposed investigate his secret detention. A judgment to guarantee women 25% of HOR and local in the case remained pending at the end of council seats for 12 years. 2016. In Sirte and other areas that they In June, the Vilnius Regional Court ruled controlled, IS and other armed groups that Mustafa al-Hawsawi, a Saudi Arabian imposed strict interpretations of Shari’a law national detained at Guantánamo Bay, would that restricted women’s movement and dress, not be granted victim status in a domestic and reportedly sanctioned the practice of investigation into Lithuanian complicity in the child marriage. same CIA programmes. Mustafa al-Hawsawi Armed groups also threatened and claimed he had been held at the secret CIA harassed women who engaged in public detention site at Antaviliai, subjected to activism. enforced disappearance and tortured between 2004 and 2006. In December, DEATH PENALTY he lodged an application at the ECtHR The death penalty remained in force for a against Lithuania. wide range of crimes; no executions were reported.

Amnesty International Report 2016/17 237 revealing government corruption and RIGHTS OF LESBIAN, GAY, BISEXUAL, widespread illegal surveillance continued. A TRANSGENDER AND INTERSEX PEOPLE transitional technical government composed On 18 June, 3,000 people joined the March of majority and opposition MPs was formed for Equality in Vilnius to celebrate Baltic Pride after a political agreement was brokered with 2016. The march took place without serious EU and US assistance. incidents and with adequate police In April, the President announced a protection. pardon for 56 high-level political figures On 28 June, the Lithuanian under investigation for their involvement in Parliament voted in favour of a proposal to the wire-tapping scandal. The pardons were amend the Constitution to restrict the revoked by the President in June following a definition of “family” under Article 38 to wave of protests dubbed the “colourful exclude same-sex couples. The process revolution”. would require two votes in Parliament before Parliamentary elections eventually took the amendment could be officially adopted. place in December after being called and postponed several times. The previous ruling DISCRIMINATION – PEOPLE party (Internal Macedonian Revolutionary WITH DISABILITIES Organization – Democratic Party for In May, the Committee on the Rights of Macedonian National Unity) returned to Persons with Disabilities issued several power. The main opposition party, narrowly recommendations and raised a range of failing to acquire the majority of votes, concerns, including around access to disputed the end result. education and systemic barriers to access to health services. JUSTICE SYSTEM The Special Public Prosecutor appointed by Parliament in September 2015 to investigate 1. CIA rendition victims challenge Romania and Lithuania at Europe’s Human Rights Court (News story, 29 June) officials involved in the wire-tapping scandal and crimes by political figures continued to face pressure in carrying out her work. In October, the transitional Parliament rejected MACEDONIA a proposal to extend the Prosecutor’s June 2017 deadline for concluding all The former Yugoslav Republic of Macedonia investigations and to improve access to Head of state: Gjorge Ivanov Head of government: Emil Dimitriev (replaced Nikola witness protection services for witnesses Gruevski in January) involved in her office’s investigations. DISCRIMINATION – ROMA Prosecutions following the 2015 revelations In September, the European Court of Human of high-level corruption were slowed down Rights (ECtHR) communicated to Macedonia by political infighting while witness a complaint in relation to 53 Roma protection was limited. Roma faced individuals who challenged their forced discrimination in accessing basic rights and eviction from the “Polygon” settlement in services. Refugees and migrants were Skopje in August which left them in tents and routinely pushed back at the border with makeshift shelters on the outskirts of the Greece or faced detention in poor facilities capital. in Macedonia. About 600 refugees, mainly Roma, who had fled Kosovo in 1999-2000, remained at BACKGROUND risk of losing their access to livelihoods and The political crisis prompted by the other rights as the authorities continued to publication in 2015 of audio recordings revoke their right to stay in the country on

238 Amnesty International Report 2016/17 dubious grounds related to national security. By the end of the year, over 80 of them MADAGASCAR (including 30 children) had their protection status withdrawn after failing routine security Republic of Madagascar checks carried out as part of the annual Head of state: Hery Rajaonarimampianina renewal of their temporary protection status. Head of government: Olivier Mahafaly Solonandrasana The substance of the security assessments (replaced Jean Ravelonarivo in April) was not shared with applicants and could not be challenged in courts. A Roma woman Poverty was widespread, with extensive whose protection status was not renewed malnutrition and deteriorating primary subsequently lodged an appeal at the ECtHR. health care. Children’s rights were routinely flouted. Human rights violations by police REFUGEES’ AND MIGRANTS’ RIGHTS were committed with impunity and corrupt In early March, the Ministry of Interior officials were involved in trafficking announced the closure of the country’s activities. Discrimination against women in southern border with Greece, thereby law and practice continued. The right to preventing the arrival of refugees and freedom of expression was restricted. Prison migrants to the country (see Greece entry). conditions remained dire. Until their eviction in May, thousands were stranded in the Idomeni makeshift camp on BACKGROUND the Greek side of the border. Throughout the Madagascar struggled to overcome the year, the authorities continued to return instability resulting from its five-year political refugees and migrants summarily to Greece, crisis. In April, following weeks of political sometimes violently. UNHCR, the UN conflict, Olivier Mahafaly Solonandrasana refugee agency, did not register official new replaced Jean Ravelonarivo as Prime arrivals following the March border closure, Minister. as refugees and migrants barred from Extreme levels of poverty were widespread, entering the country were pushed back or with approximately 91% of the population continued their journeys into Macedonia living on less than US$2 per day. A drought clandestinely. in the south aggravated an already dire In September, eight complainants from humanitarian situation. According to UN Syria, Iraq and Afghanistan submitted an agencies, 1.2 million people (around 80% of application to the ECtHR to challenge their the population) living in the south were food summary expulsion in March from insecure, of whom 600,000 were severely Macedonia to Greece. food insecure. Also in September, the UN High Commissioner for Human Rights criticized RIGHT TO HEALTH the authorities for leaving hundreds of Neonatal and maternal mortality remained refugees and migrants – who had arrived very high, and the deterioration of the before the border closure – stranded in primary health care system was a major inadequate transit centres at the southern barrier to accessing even basic health and northern land borders and in the Gazi services. Limited access to clean water and Baba detention centre for foreigners in poor sanitation and hygiene practices were of Skopje. The de facto detention of irregular particular concern, particularly given the level migrants and asylum-seekers continued to be of chronic malnutrition. implemented without lawful grounds and without detainees being able to challenge the CHILDREN’S RIGHTS legality of their detention. In Madagascar, 47% of all children suffer from stunting, and nearly 10% from acute malnutrition.

Amnesty International Report 2016/17 239 As families sought to cope with the impact the High Constitutional Court approved a of the drought, there were reports of alarming draft law on a new Code of Media increases in economic exploitation, with Communication. The contentious Code children working in mines and leading cattle, punished with heavy fines offences such as and instances of sexual exploitation and child contempt, defamation or insult against a marriage. Drop out rates in primary schools government official. reached 40% in some communities, Environmental activists reported threats according to UNICEF. and harassment for publicizing issues such Child sex trafficking continued, often with as trafficking in rosewood and endangered the involvement of family members, and was species. They denounced a lack of protection most prevalent in tourist destinations and by the government. near mining sites. PRISON CONDITIONS IMPUNITY Prison conditions continued to be dire, with The government failed to ensure respect for severe overcrowding and inadequate the rule of law, allowing human rights infrastructure. Almost half of all prisoners violations to be committed with impunity. suffered moderate to severe malnutrition. Deadly clashes involving police, villagers and About half of prison inmates had not yet armed cattle rustlers (dahalos) continued in been tried, with pre-trial detention often the southern region, leading to civilian exceeding the maximum potential sentence. casualties. Civil society organizations denounced the lack of free and fair access to justice, the corruption of government officials, and their MALAWI involvement in trafficking activities. Republic of Malawi Madagascar continued to be a source Head of state and government: Arthur Peter Mutharika country for forced labour and sex trafficking. Despite recent efforts, the government failed to prevent trafficking, protect victims, and Attacks against people with albinism prosecute suspected traffickers, including continued; at least seven people were killed complicit officials. and their bodies mutilated. People with albinism also continued to suffer social WOMEN’S RIGHTS isolation. Student protests over fee The Nationality Law denied women the right increases were violently repressed. Political to transmit nationality to their children on an opponents of the government were arrested equal basis with men, resulting in a large and charged with treason. number of stateless persons. The predominance of customary laws DISCRIMINATION – PEOPLE favoured harmful traditional practices WITH ALBINISM including arranged, forced and early People with albinism continued to be marriages. Women and girls continued to subjected to violent attacks and mutilations.1 suffer sexual or other physical violence, but Although senior government officials, reporting rates were low and prosecutions including the President, publicly condemned rare. Efforts to prevent gender-based violence the attacks, victims and their relatives and to provide care and treatment for victims continued to be denied justice and remained inadequate. reparations. In March, a Special Legal Counsel was FREEDOM OF EXPRESSION appointed to assist the prosecution of crimes After months of protest from journalists and related to people with albinism. In July, international media organizations, in August Parliament passed revisions to the Anatomy

240 Amnesty International Report 2016/17 Act and Penal Code that increased the July, 14 students from Malawi Polytechnic penalties for the sale of body tissue and near Blantyre were arrested and charged with possession of a dead body or human tissue. conduct likely to breach the peace. They They were signed into law in September. were later released on bail. Eleven students At least seven people with albinism were from Kamuzu College of Nursing were also killed during 2016 and many more suffered arrested and charged with “proposing attacks. Among those killed by criminal violence”. They were later released on bail. gangs were 23-month-old baby Whitney Chilumpha and nine-year-old Harry 1. Malawi: "We are not to be hunted or sold" − violence and Mokoshoni. discrimination against people with albinism in Malawi (AFR In May, unidentified men killed and 36/4126/2016) mutilated Fletcher Masina, a man with albinism, while he was working in his garden. In July, Lucia Kainga was attacked and MALAYSIA had her right hand chopped off by unidentified men in Mweneipenza 5 village, Malaysia bordering Tanzania. Her husband was tricked Head of state: King Muhammad V (replaced King Abdul into opening the door by an attacker Halim Mu’adzam Shah in October) pretending to be in need of help. Head of government: Najib Tun Razak On 19 August, a village headman was arrested after attempting to sell a seven-year- The crackdown on the rights to freedom of old boy with albinism in Phalombe district. expression, of peaceful assembly and of He was remanded in custody pending trial. association persisted. Police were not held Societal ignorance and stigmatization also accountable for human rights violations. contributed to people with albinism suffering Former opposition leader and prisoner of widespread denial of their economic, social conscience Anwar Ibrahim, convicted on and cultural rights. This included: exclusion trumped-up charges of “sodomy”, remained from government poverty alleviation in prison serving a five-year sentence. programmes; lack of support in schools to Refugees and asylum-seekers fleeing address bullying and learning difficulties; persecution faced prolonged detention in failure to address their specific medical poor conditions. needs; and lack of economic opportunities. FREEDOM OF EXPRESSION REPRESSION OF DISSENT Restrictive laws such as the Sedition Act and In February, three parliamentarians of the the Communications and Multimedia Act Malawi Congress Party were arrested: continued to be used to silence government Congress spokesperson Jessie Kabwila. critics, who were harassed, intimidated and Ulemu Msungama and Peter Chankwantha. often detained. They were charged with treason in In March, the independent news portal, connection with social media messages and The Malaysian Insider, was shut down for released on bail. Their arrest contravened commercial reasons after being blocked by procedures protecting parliamentarians from the government. This was following critical arrest. coverage of a corruption scandal linked to the In July, students from the University of Prime Minister and the misappropriation of Malawi protested against a three fold rise in hundreds of millions of US dollars from the tuition fees imposed by the government. At state-owned investment company 1Malaysia Chancellor College in Zomba, police stormed Development Berhad (1MDB).1 hostels and fired tear gas at students who Prosecutions of political activists and sought refuge in their rooms. A video showed government critics persisted. In May, political police slapping two women students. On 26 activist Hishamuddin Rais was found guilty

Amnesty International Report 2016/17 241 by the Court of Appeal of sedition and fined In January and February, the human rights MYR5,000 (US$1,140) for calling for NGO Suara Rakyat Malaysia (SUARAM) electoral reform.2 Student activist Adam Adli reported that at least 13 people were tortured received the same fine for the same charge. or otherwise ill-treated while detained under Youth activist Mohd Fakhrulrazi was SOSMA, including being beaten and stepped sentenced to eight months’ imprisonment for on, and being forced to strip and perform sedition after calling for Anwar Ibrahim’s sexual acts in the presence of the authorities. release from prison. Investigations were ongoing by the National The Communications and Multimedia Act Human Rights Commission at the end of the was increasingly used to target government year. critics and dissidents. In June, activist Fahmi The National Security Council Act, which Reza was charged twice under the Act for came into force in August, provided the depicting the Prime Minister as a clown in a executive with extensive powers including caricature. Muhammad Amirul Zakwan arrest, search and seizure without warrant, pleaded guilty to making insulting comments curfews, and authority to circumvent about the Prince of Johor on Facebook and accountability measures such as inquests was sentenced to two years in reform school. into deaths in security areas.5 At least three others were either charged, In November, the chairperson of Bersih, detained or investigated for social media Maria Chin Abdullah, was arrested in posts criticizing the Prince. connection with the organization of the Arbitrary travel bans were imposed on Bersih demonstration (see above). She was three government critics, including cartoonist held under SOSMA for attempting to carry and political activist Zunar. out activities detrimental to parliamentary democracy. She was placed in solitary FREEDOMS OF ASSEMBLY confinement for 11 days and held without AND ASSOCIATION charge or access to a judge in deplorable Human rights activists and opposition conditions, in an unknown location. parliamentarians were tried for participating in peaceful protests.3 In October, protesters POLICE AND SECURITY FORCES travelling the country in a convoy to advocate Impunity for deaths in custody and excessive for electoral reform and raise awareness of use of force persisted. In April, the the Bersih 5 demonstration were subjected to Enforcement Agency Integrity Commission physical attacks and intimidation, as well as found that police officers in charge of death threats against their leaders.4 interrogating N. Dharmendran, who died in police custody in 2013, were responsible for ARBITRARY ARRESTS AND DETENTIONS his death by physical force and that the Preventive detention laws continued to be police later fabricated evidence to cover up used to detain people alleged to have his treatment during interrogation. Despite committed security crimes. Wording in the this, in June, the Kuala Lumpur Criminal Prevention of Terrorism Act was overly broad High Court acquitted the four policemen and open to abuse; it failed to define what is charged with his murder. His widow filed a meant by those “engaged in the commission civil suit against the police and government.6 or support of terrorist acts”. It allowed the authorities to arrest individuals without REFUGEES AND ASYLUM-SEEKERS providing grounds for detention, for up to 60 In May 2015, amid intense international days without charge or trial. The Security pressure, Malaysia agreed to accept 1,100 Offences Measures Act (SOSMA) allowed for people stranded off its coastline. The group, detention for up to 28 days without charge or including over 400 Rohingya, faced trial. prolonged detention for over a year in harsh conditions. In June, the majority of the

242 Amnesty International Report 2016/17 Rohingya were released and some were of peaceful assembly. Authorities used new resettled.7 Immigration detention centres in laws and criminal cases to silence political Malaysia were overcrowded and conditions opponents, as well as human rights remained harsh. defenders, journalists and civil society. Lack A lack of transparency by the authorities of independence of the judiciary remained a regarding investigations into mass graves concern. The government took steps to found on the Thai-Malaysian border in 2015, reintroduce executions after more than 60 as well as identification of the remains, led to years. renewed calls on the authorities to take adequate action to investigate the deaths. BACKGROUND The ruling coalition enacted new legislation to DEATH PENALTY curtail peaceful protests and expression. An The death penalty continued to be retained opposition coalition, the Maldives United as the mandatory punishment for offences Opposition, was set up. It was headed by including drug trafficking, murder and former Vice-President Mohamed Jameel and discharge of firearms with intent to kill or advised by former President Mohamed harm in certain circumstances. Reforms to Nasheed who was granted political asylum in the death penalty announced by the the UK. There were growing signs of splits in government in 2015 had not yet materialized. the ruling coalition between factions loyal to While executions and new death sentences the current President and those loyal to continued to be recorded, no established former President Maumoon Abdul Gayoom. procedure remained for notification to families of scheduled executions.8 UNFAIR TRIALS The authorities increasingly ignored constitutional safeguards on the right to a fair 1. Malaysia: Drop investigations against members of the Malaysia Bar (ASA 28/3758/2016) trial, as evidenced by a string of criminal 2. Malaysia: Prison sentence overturned, fine upheld (ASA cases against political opponents. On 10 28/4051/2016) June, former Vice-President Adeeb received 3. Malaysia: End crackdown on Bersih Activists (News story, 18 a 15-year jail sentence; he was convicted in November) connection with a plot to assassinate the 4. Malaysia: Death threats against Bersih organizers (ASA President, amid serious concerns about the 28/5014/2016) fairness of his trial. In February, Sheikh Imran 5. Malaysia: National Security Council Act gives authorities unchecked Abdulla leader of the Adhaalath Party, was and abusive powers (News story, 1 August) sentenced to 12 years’ imprisonment for 6. Malaysia: Police must be held accountable for death in custody terrorism after a trial which was widely (News story, 29 June) criticized as unfair and politically motivated. 7. Malaysia: One year on, no justice for the "boat crisis" survivors (News The Supreme Court upheld lengthy jail story, 28 May) sentences for former President Nasheed and 8. Malaysia: Stop execution of prisoners due to be hanged (News story, former Defence Minister Mohamed Nazim; 23 March) both had been sentenced in trials criticized as grossly unfair. MALDIVES JUSTICE SYSTEM The judicial system continued to be deeply Republic of Maldives politicized. In July, a civil court threatened to Head of state and government: Abdulla Yameen Abdul hold the Attorney General in contempt after Gayoom his office said it would appeal against a judgment that barred former staff of Haveeru The government intensified its crackdown newspaper from working for any other media on the rights to freedom of expression and organization for two years. The government

Amnesty International Report 2016/17 243 failed to strengthen the Judicial Services against the same law. In July, the Maldives Commission to ensure impartiality. United Opposition was refused permission by the government to hold a rally. A law was FREEDOM OF EXPRESSION enacted in August requiring written A new defamation law criminalizing permission from the police to hold a protest “defamatory” speech, remarks and other in Malé. actions was passed by Parliament and ratified by the President in August. The law is CRUEL, INHUMAN OR DEGRADING vaguely worded and broad in its application, PUNISHMENT giving the authorities wide discretion to target Courts continued to sentence people, the and silence peaceful critics.1 vast majority of them women, to flogging. Free and independent media faced This was most commonly imposed for harassment in the form of lawsuits and bans. “fornication”. Despite flogging constituting News outlets Haveeru, DhiTV, AdduLIVE and torture or cruel, inhuman or degrading Channel News Maldives were on occasion punishment, the government continued to blocked or forced to shut down. Four insist that it would not remove the journalists from the pro-opposition Raajje TV punishment from Maldivian law. were charged with obstructing law enforcement officers after covering a protest; DEATH PENALTY their sentences were expected in early 2017. Senior officials repeatedly pledged to resume Social media activist “Lucas” Jaleel was executions and end a moratorium on the use arrested for “inciting hatred” in July after he of the death penalty that has been in effect alleged excessive use of force by police in a for more than 60 years. The government series of tweets. declared that it would carry out executions In April, police confirmed that reporter within 30 days of the Supreme Court Ahmed Rilwan had been abducted outside upholding death sentences and changed the his home in 2014, having previously denied method of execution from lethal injection to there was evidence of an abduction. In May, death by hanging. Death sentences against the government denied involvement in his three people were upheld by the Supreme disappearance to the UN Working Group on Court in June and July, despite well- Enforced and Involuntary Disappearances. documented fair trial concerns in at least one In September, police raided the premises case.3 No executions took place, as of the newspaper Maldives Independent, on negotiations with the victims’ families over the basis that it was suspected of possible pardons under Islamic law were involvement in a coup plot. The raid took ongoing. Of the 17 prisoners on death row, at place hours after the premiere of an Al least five were sentenced to death for crimes Jazeera documentary alleging large-scale committed when they were below 18 years of corruption by the President and senior age. ministers, in which the newspaper’s editor was interviewed. 1. Maldives: Proposed defamation law is an attack on freedom of expression (ASA 29/4573/2016) FREEDOM OF ASSEMBLY 2. Maldives: Arrest of 16 journalists threatens (ASA Arbitrary restrictions on peaceful protesters 33/3773/2016) and human rights defenders continued. In 3. Maldives: Halt plans to carry out first execution in more than six February, police banned an anti-corruption decades (ASA 29/4364/2016) rally in the capital, Malé. In April, 16 journalists were arrested after staging a peaceful protest against the defamation law outside the President’s office,2 and in August journalists were stopped from protesting

244 Amnesty International Report 2016/17 had been captured and held by the same MALI group for nine days in 2012. In December, Sophie Petronin, a French national working Republic of Mali for a humanitarian organization, was Head of state: Ibrahim Boubacar Keïta kidnapped in Gao by AQIM. Head of government: Modibo Keïta In mid-May, the armed group Ansar Eddine killed five Chadian peacekeepers and Internal armed conflict and instability wounded three in an ambush about 15km increased. Armed groups committed north of Aguelhok in the eastern Kidal region. abuses, including killing peacekeepers. Later that month, an attack on a MINUSMA Security forces and UN peacekeepers used camp in the northeastern city of Gao, claimed excessive and lethal force, including against by AQIM, killed one Chinese peacekeeper protesters. and injured others. BACKGROUND EXCESSIVE USE OF FORCE Instability spread from the north to the centre Security forces and UN peacekeepers used of the country, with a growing number of excessive force and were accused of armed groups carrying out attacks. In July, extrajudicial executions. The UN reported a for example, armed groups killed 17 soldiers total of 24 instances of killings, summary and wounded 35 others during an attack on executions and enforced disappearances in an army base in central Mali. Armed groups both March and May. In May, it reported that retained control of the northern town of Kidal. of 103 people arrested by Malian and The proliferation of armed groups hampered international forces for terrorism-related implementation of the 2015 Algiers peace charges so far in 2016, three had been agreement. In July, following several attacks, summarily executed and 12 had been including in the north and the capital, tortured by Malian forces. Bamako, the state of emergency was In April, two demonstrators were shot dead extended until March 2017. and four others were wounded at Kidal In June, the UN Security Council extended Airport during a protest against arrests by the mandate of the UN Multidimensional international forces. MINUSMA established Integrated Stabilization Mission in Mali an inquiry. (MINUSMA) to June 2017. More than In July, Malian forces fired live ammunition 10,000 peacekeepers were stationed in the during a march in Gao organized by the Civil country. Resistance Movement, killing Mahamane More than 135,000 Malians remained as Housseini, Seydou Douka Maiga and refugees in neighbouring countries because Abdoulaye Idrissa, and wounding more than of the conflict. 40 others. ABUSES BY ARMED GROUPS IMPUNITY Attacks by armed groups against MINUSMA Despite some progress, measures taken to increased sharply. More than 62 attacks were ensure truth, justice and reparation for committed during the year, killing 25 victims of the conflict were limited. The UN peacekeepers and six civilian contractors Independent Expert on Mali highlighted the working for the UN. Landmines used by lack of progress, particularly regarding armed groups killed and maimed civilians, meaningful access to justice for women who peacekeepers and members of the security had experienced violence. Insecurity and forces. lack of logistical support for magistrates were In January, Beatrice Stockly, a Swiss cited as among the major impediments. missionary, was abducted in Timbuktu by al- In May, 12 people charged with terrorism- Qa’ida in the Islamic Maghreb (AQIM). She related offences were sentenced to prison

Amnesty International Report 2016/17 245 terms. Some of them had been released and some 3 million people faced food under the peace agreement. insecurity, including more than 423,000 at In November, the trial began of General severe levels. Hijackings by armed groups in Haya Amadou Sanogo on charges linked to Gao and Ménaka regions hampered access the abduction and murder in 2012 of soldiers to humanitarian assistance, including health accused of supporting the ousted President, care. In June, a warehouse in Kidal stocked Amadou Toumani Touré.1 with food for more than 10,000 people was The Truth, Justice and Reconciliation looted. Commission, established in 2014 to investigate serious human rights violations WOMEN’S RIGHTS between 1960 and 2013, was still not In July, the CEDAW Committee voiced operational at the end of 2016. concern about the low level of representation of women on the Truth, Justice and INTERNATIONAL JUSTICE Reconciliation Commission and at decision- In September, the International Criminal making levels following the peace agreement. Court sentenced Ahmad Al Faqi Al Mahdi to It also expressed concern at the extremely nine years in prison for directing attacks low completion rate for girls in secondary against religious buildings and historic education owing to factors including early monuments. A member of Ansar Eddine, he and child marriage, early pregnancy, indirect was charged for his role in destroying nine school costs, child labour and a preference mausoleums and a mosque in the northern for sending boys to school. The Committee town of Timbuktu in 2012. He pleaded guilty. urged Mali to reform legislation to eliminate discrimination against women, and to finalize FREEDOM OF EXPRESSION the bill to prohibit female genital mutilation. In August, Mohamed Youssouf Bathily (known as Rath Bath), a journalist working 1. Mali: Trial of former junta leader must bring justice for abductions, for Maliba FM radio, was arrested and torture and murder (News story, 28 November) charged with undermining decency and demotivating the army. He had called for the army’s Chief of Staff to resign and criticized the army. He was released after two days MALTA under judicial supervision; his radio Republic of Malta programme was banned. Head of state : Marie-Louise Coleiro Preca Head of government: Joseph Muscat RIGHT TO EDUCATION According to the UN, 296 out of 2,380 schools were closed in the regions of Gao, Implementation of a new reception regime Kidal, Ségou and Timbuktu because of for asylum-seekers and migrants started, insecurity, with no alternatives provided. The which moved away from automatic and CEDAW Committee noted the poor quality of mandatory detention of people entering education owing to the high pupil-teacher Malta irregularly. However, there were ratio and the lack of textbooks and qualified concerns that safeguards against arbitrary teachers. The Committee also noted rural- and unlawful detention remained urban disparities in enrolment. Seven armed insufficient. Abortion remained prohibited groups continued to occupy schools. in all circumstances. RIGHT TO AN ADEQUATE STANDARD REFUGEES’ AND MIGRANTS’ RIGHTS OF LIVING In January and February, UNHCR, the UN More than 33,000 Malians remained refugee agency, and national NGOs internally displaced because of the conflict, welcomed elements of the new legal and

246 Amnesty International Report 2016/17 policy framework relating to the reception of Those accepted under the EU relocation asylum-seekers and migrants in Malta. It had programme (80 people by the end of been approved at the end of 2015 and November) were held for medical screening introduced through amendments to the for around 70 hours in the newly created Immigration and the Refugee Acts, Initial Reception Centres, although this was regulations and a new policy document of the criticized by UNHCR. Ministry for Home Affairs and National In January, the European Court of Human Security. Rights (ECtHR) found Malta in breach of The new framework ended the problematic Article 5, paragraph 4 of the European regime of long-term automatic and Convention on Human Rights, on the right to mandatory detention of asylum-seekers and have lawfulness of detention assessed migrants irregularly entering Malta. However, speedily by a court. The applicants were two a period of detention upon arrival was Somali women who had been detained from maintained at the newly created Initial August 2012 to August 2013, because of Reception Centres of around 70 hours, where their irregular entry into Malta under the asylum-seekers and migrants are medically previous reception regime, and who had no screened, identified and assessed for release adequate remedy to challenge the lawfulness or further detention. While such initial of their detention. detention should ordinarily be for no more In June, the UN Working Group on than seven days, it could be longer for Arbitrary Detention released a report on health-related concerns. The new framework Malta, following a visit to the country the also introduced legal grounds for detention, previous year. The Working Group free legal assistance, the possibility to acknowledged the legislative reform to the challenge detention orders and an automatic automatic nature of detention. It also noted review of detention orders. that programmes for the integration of Concerns remained as to the interpretation migrants, asylum-seekers and refugees into of the legal grounds for detention, a lack of Maltese society remained inadequate. clarity on when alternatives to detention In November, the Ministry for Home Affairs might apply, and the lack of safeguards to and National Security announced a review of ensure the proportionate use of detention. In Temporary Humanitarian Protection – New particular, UNHCR noted that some of the (THPN) certificates, which are held by people new guidelines for immigration authorities whose asylum requests have failed. NGOs were not fully consistent with international expressed concern that the decision could law and standards, and could lead to hamper the ability of those concerned to arbitrary detention. access basic services, including health and There were no irregular boat arrivals of education. UNHCR recommended caution in refugees and migrants directly from North implementing repatriations as a result of the Africa, as most people were rescued at sea review, as it was aware of cases of people and disembarked in Italy. However, 29 people who should have been granted international in need of urgent medical assistance during protection but were instead granted THPN. their rescue on the high were taken to Malta. The Armed Forces of Malta continued SEXUAL AND REPRODUCTIVE RIGHTS to participate in the rescue of refugees and Abortion remained prohibited in all migrants crossing the central Mediterranean circumstances, with women being denied on overcrowded and unseaworthy vessels, as access to it even when their life was at risk. part of Frontex Operation Triton and of EUNAVFOR MED Operation Sophia. By the LEGAL, CONSTITUTIONAL OR end of November over 1,600 people had INSTITUTIONAL DEVELOPMENTS reached Malta by plane or ferry to seek In January, the ECtHR found Malta in breach asylum. Over a third were Libyans. of Article 6 of the European Convention on

Amnesty International Report 2016/17 247 Human Rights, which among other things, was released on medical grounds in June guarantees access to a lawyer at the initial 2015. stages of police interrogation. A convicted In June and July, 13 other members of the offender had complained that he had been IRA were arrested after a protest against denied legal assistance during questioning in forced eviction by communities in the slum police custody at the pre-trial stage. area of Bouamatou, in the capital Nouakchott. Although none of the IRA members had attended the protest, in August they were convicted on charges including MAURITANIA rebellion and use of violence. The court Islamic Republic of Mauritania refused to examine allegations of torture 1 Head of state: Mohamed Ould Abdel Aziz made by the accused. In October a group of Head of government: Yahya Ould Hademine UN experts expressed serious concern that these activists had been targeted by the Human rights defenders and opponents of government for their anti-slavery advocacy, the government faced politically motivated stating that the government was hostile to prosecutions, with anti-slavery organizations civil society groups that criticized its policies, particularly persecuted. The rights to especially groups such as the IRA, whose freedom of expression, association and members are drawn from the Haratine peaceful assembly were restricted. Torture minority and advocate for an end to slavery. and other ill-treatment in custody were In November, the Appeals Court of common. Groups making up two thirds of Nouadhibou acquitted three of the 13 IRA the population faced systematic members and reduced the sentences of discrimination, and extreme poverty was seven others who were released the same widespread. The practice of slavery month. Three remaining IRA members were continued. sentenced to six months and three years in prison. HUMAN RIGHTS DEFENDERS Laws – including those covering public FREEDOMS OF EXPRESSION, disorder, resisting arrest and belonging to an ASSOCIATION AND ASSEMBLY unauthorized organization – were used in The space for the exercise of the rights to politically motivated prosecutions against freedom of expression, association and human rights defenders and government peaceful assembly shrank as journalists, opponents, particularly anti-slavery activists. human rights defenders and government In May, the Supreme Court ordered the critics were arrested and prosecuted by a release of two anti-slavery activists, Biram politicized judiciary.2 Ould Dah Abeid and Brahim Bilal, after In April, the Appeals Court in Nouakchott reducing their prison sentences. The two upheld the death sentence of Mohamed prisoners of conscience, members of Mkhaïtir for apostasy in the first case of its Initiative for the Resurgence of the kind in Mauritania. Mohamed Mkhaïtir was Abolitionist Movement (IRA), were arrested in originally sentenced to death in December November 2014 after taking part in a 2014 in Nouadhibou after a year in pre-trial peaceful protest. They had been sentenced detention for writing a blog critical of those to two years’ imprisonment on charges of who use Islam to foster discrimination against belonging to an unrecognized organization, Moulamines (blacksmiths) and the taking part in an unauthorized assembly, descendants of slaves and griots. The failing to comply with police orders and Appeals Court referred the case to the resisting arrest. Another member of the IRA Supreme Court. who received the same sentence, Djiby Sow, In July, Cheikh Baye, manager of the Meyadine news website, was sentenced to

248 Amnesty International Report 2016/17 three years’ imprisonment for using violence the new NPM programme to monitor places against a public official. He had accused a of detention, an NPM member was denied government spokesperson of lying and threw access to IRA members who were being held his shoe at him during a press briefing. Five in incommunicado detention. people who criticized the verdict were also convicted of the same charges in August. DISCRIMINATION – HARATINES AND Three were sentenced to two years’ AFRO-MAURITANIANS imprisonment and two received suspended The UN Special Rapporteur on extreme sentences. poverty and human rights, who visited The authorities continued to bar the legal Mauritania in April, highlighted a systematic registration of several NGOs and human absence of Haratines and Afro-Mauritanians rights organizations. For example, the from almost all positions of power and their Association des Veuves de la Mauritanie, an exclusion from many aspects of economic organization calling for the truth about and social life, including their inability to summary executions and disappearances in obtain a national identity card. The two the 1990s, has been waiting for recognition groups make up two thirds of the population. since 1993; it renewed its request in 2010. He stressed that, although economic, social and cultural rights are mentioned in the TORTURE AND OTHER ILL-TREATMENT preamble of the Constitution, there were no Following a visit in February, the UN Special provisions dealing with them. He pointed out Rapporteur on torture welcomed legislative that in some rural areas only 10% of children developments, including the introduction of a attended secondary school and that the new law against torture, and the maternal mortality rate remained one of the establishment of a National Preventive highest in the world. In 2015, according to Mechanism (NPM). He stressed that the the World Bank, 602 mothers died for every judiciary should step up efforts to implement 100,000 live births. these safeguards and highlighted the lack of investigations into allegations of torture. He SLAVERY also drew attention to the use of unofficial Although slavery was abolished officially in detention facilities and the denial of access to 1981 and is recognized as a crime in a lawyer for up to 45 days in terrorism-related domestic law, human rights organizations cases. including SOS Esclaves and IRA regularly Prisoners, male and female, reported in criticized the continuation of this practice.3 mid-2016 that they had been tortured and In May, the Special Tribunal against otherwise ill-treated in police custody and by Slavery opened in Nema, and in the same prison guards. One prisoner charged with a month two former slave owners were handed terrorism-related offence said that following a one-year prison sentence and a four-year his arrest in March, he was beaten to make suspended sentence and ordered to pay him “confess” with his hands and feet tied compensation to two women victims. Yet in together behind his back. the same month, in the same town, President The IRA members arrested in June and Abdel Aziz denied that slavery existed and July were held separately in undisclosed called on the Haratines, the former slave places of detention and denied access to population, to have fewer children in order to their families and lawyers. They were address the legacy of slavery and poverty. interrogated at night, deprived of sleep and denied access to toilets. At least four had 1. Mauritania: Drop all charges and release anti-slavery activists (News their feet and hands bound in painful story, 1 August) positions for hours and were suspended by 2. Mauritania: New law compromises right to freedom of association ropes from the ceiling. Others were stripped, (News story, 2 June) insulted and threatened with death. Despite

Amnesty International Report 2016/17 249 3. Amnesty International calls for an end to slavery and torture and ill- of innocence – despite the implementation of treatment in Mauritania (AFR 38/3691/2016) the reform. A 10-point security plan announced by President Peña Nieto in November 2014 had MEXICO yet to be fully implemented, with promises to pass laws against torture and enforced United Mexican States disappearances as well as disappearances by Head of state and government: Enrique Peña Nieto non-state actors yet to be fulfilled. A package of anti-corruption laws was passed by Ten years since the start of the so-called Congress. The new legislation was widely “war on drugs and organized crime”, the criticized as falling short of earlier drafts. use of military personnel in public security Official records noted that the number of operations continued and violence soldiers and marines employed in security throughout the country remained operations throughout the country increased. widespread. There continued to be reports In October the Minister of Defence admitted of torture and other ill-treatment, enforced that the war on drugs had taken its toll on the disappearances, extrajudicial executions exhausted armed forces and called for and arbitrary detentions. Impunity persisted further legal clarity regarding their role in for human rights violations and crimes public security tasks. Legislators vowed to under international law. Mexico received its discuss reforms regarding the armed forces highest-ever number of asylum claims, in security operations. mostly from people fleeing violence in El Salvador, Honduras and Guatemala. Human POLICE AND SECURITY FORCES rights defenders and independent observers There was a marked increase in violence, were subjected to intense smear with 36,056 homicides registered by the campaigns; journalists continued to be authorities up until the end of November – killed and threatened for their work. the highest number since the start of Violence against women remained a major President Peña Nieto’s term in 2012 – concern and “gender alerts” were issued in compared to 33,017 in 2015. the states of Jalisco and Michoacán. In response to widespread protests from Congress rejected one of the two bills teachers’ movements, the authorities carried presented to allow same-sex couples to out a number of police operations, some of marry and adopt children. which resulted in civilians being killed and injured. Several leaders of the movements BACKGROUND were arrested and detained in federal The ruling Institutional Revolutionary Party prisons. Many of them were subsequently lost a number of governorships in various released pending further investigation. states in June elections. A prolonged social conflict between the government and EXTRAJUDICIAL EXECUTIONS teachers' unions led to mass protests and Perpetrators of extrajudicial executions blockaded highways throughout the country, continued to enjoy impunity; the crimes were with unions calling for the government to not properly investigated. The armed forces revoke its 2013 educational reform. continued to contribute to investigations in Mexico completed its transition from a cases involving military personnel, contrary to written, inquisitorial criminal justice system to the 2014 reform of the Code of Military one based on oral trials, after an eight-year Justice. For the third consecutive year, the preparatory period came to a close. Many authorities failed to publish the number of challenges of the prior system remained – people killed or wounded in clashes with the including a failure to respect the presumption police and military forces.

250 Amnesty International Report 2016/17 Dozens of mass graves were uncovered sexual assault taking place during police and throughout the country, often on the initiative military operations. Sexual violence used as a of family groups rather than authorities or form of torture was commonplace during official forensic experts. Local authorities arrests of women.1 For the first time in two illegally disposed of over 100 unidentified years, the Federal Attorney General's Office bodies in at least one grave in the announced charges of torture against five municipality of Tetelcingo, Morelos state. The federal officials in April, in response to a perpetrators of the killings remained leaked video showing police officers and unidentified. soldiers torturing a woman. Also in April, in a On 19 June, at least eight people were rare case a federal judge sentenced an army killed and dozens injured in Nochixtlán town, general to 52 years’ imprisonment for having Oaxaca state, during a police operation ordered an operation which involved torture following a roadblock as part of a and homicide as well as destruction of a body demonstration against the government’s in Chihuahua state in 2008. education reform. Footage published by In April, the Senate approved a bill for a media outlets contradicted the authorities’ General Law on Torture which complied with original assertion that the policemen were international standards. The bill was unarmed. amended and remained pending a general In August, the National Human Rights vote in the Chamber of Deputies at the end of Commission found that federal police the year. members had tortured at least two people in The Special Unit on Torture of the Federal the municipality of Tanhuato, Michoacán Attorney General’s Office reported 4,715 state, in May 2015 as part of a security torture investigation files under revision at operation; that at least 22 of the 43 people federal level. killed during the operation were victims of As in previous years, the special medical arbitrary execution; and that the police had examination procedure of the Federal tampered with evidence including by planting Attorney General’s Office for cases of alleged firearms on the victims. torture was not applied in most cases, with a Investigations into the killings by soldiers of backlog of over 3,000 requests on file. In 22 people in 2014 in Tlatlaya, Mexico state, many cases, investigations into torture and had yet to produce concrete results. The other ill-treatment failed to advance without authorities failed to take responsibility for the an official examination. order “to take down criminals” (meant as “to In September, the Inter-American kill” in this context) that was the basis for Commission on Human Rights (IACHR) military operations in the area in 2014, or to referred the case of 11 women who were investigate any officers with command subjected to sexual violence as a form of responsibility. torture in San Salvador Atenco in 2006 to the No one was known to have been Inter-American Court of Human Rights, given prosecuted for the killings in 2015 of 16 Mexico’s failure to fulfil the Commission's people by federal police officers and other recommendations on the case. security forces in Apatzingán, Michoacán state; the authorities failed to adequately REFUGEES’ AND MIGRANTS’ RIGHTS investigate the killings or to look into the A record number of asylum claims were responsibility of those in command. registered, with 6,898 lodged as of October – 93% of whom were nationals of El Salvador, TORTURE AND OTHER ILL-TREATMENT Honduras and Guatemala. Refugee status Impunity for torture and other ill-treatment was granted to 2,162 people, despite remained almost absolute, with numerous estimates that more than 400,000 irregular reports of beatings, near asphyxiation with migrants crossed Mexico's southern border plastic bags, electric shocks, rape and other each year, half of whom could qualify for

Amnesty International Report 2016/17 251 asylum status, according to international in migration detention centres, especially for organizations and academics. In the majority unaccompanied children. of cases, the authorities failed to adequately inform migrants of their right to seek asylum ENFORCED DISAPPEARANCES in Mexico. Enforced disappearances with the In August, a constitutional reform to involvement of the state and disappearances recognize the right to asylum entered into committed by non-state actors continued to force. be widespread and those responsible The implementation of the Southern continued to enjoy almost absolute impunity. Border Plan again led to a surge in security The investigations into the cases of missing operations on the Mexican border with people continued to be flawed and unduly Guatemala and Belize, with frequent reports delayed. The authorities generally failed to of extortions, mass deportations, kidnappings immediately search for victims. and other human rights abuses against By the end of the year, 29,917 people migrants. As of November, 174,526 irregular (22,414 men and 7,503 women) were migrants had been apprehended and reported as missing by the government. The detained, and 136,420 returned to their figures by the National Register of Missing country. Of those deported, 97% were from and Disappeared Persons did not include Central America. Data from the US Congress federal cases that occurred prior to 2014 nor in February showed that the US government cases classified as other criminal offences plans to allocate US$75 million to “security such as hostage-taking or human trafficking. and migration enforcement” on Mexico’s Enforced disappearances and southern border, through the Mérida disappearances by non-state actors inflicted Initiative. serious harm on victims’ relatives, which The Federal Attorney General's Office constituted a form of torture and other cruel, established a new Unit for the Investigation of inhuman or degrading treatment or Crimes against Migrants. Civil society punishment. Available data suggested that a organizations participated in the design of a majority of victims were men; women made Mexican Mechanism for Foreign Support in up the majority of relatives seeking truth, Search and Investigation to co-ordinate justice and reparations. Some relatives of Mexican and Central American authorities’ disappeared people who were searching for efforts to ensure justice for migrant victims of their family members received death threats. disappearances by non-state actors and The Senate held public hearings with other crimes in Mexico. relatives of disappeared people on the In September, President Peña Nieto General Law on Disappearances that had announced a plan on refugees at a UN been presented to Congress by President summit and officially acknowledged the Peña Nieto in December 2015. The bill refugee crisis in Mexico and Central America. remained before Congress. The plan promised to increase funding of In March, criminal charges were presented Mexico's refugee agency by 80%, to ensure against five marines for the enforced that no child migrant under 11 years of age disappearance of Armando Humberto del be detained, and to strengthen the inclusion Bosque Villarreal, who had been found dead and integration of refugees in the country. In weeks after his arbitrary arrest in 2013 in May, a special report by the National Human Nuevo León state. Rights Commission identified at least 35,433 In April, the Interdisciplinary Group of victims of internal displacement in Mexico, Independent Experts (GIEI) appointed by the despite the fact that credible estimates based IACHR published its second report on the 43 on official data were at least four times students from a teacher training college in higher. In October, the Commission published Ayotzinapa, Guerrero state, who were victims a report highlighting the poor living conditions of enforced disappearance in September

252 Amnesty International Report 2016/17 2014. The GIEI confirmed that the Party, sued prominent journalist Sergio authorities’ assertion that the students had Aguayo for US$ 550,000 in a civil lawsuit for been killed and burned in a local rubbish alleged moral damage to his reputation due dump was scientifically impossible. The GIEI to an opinion piece published by Sergio also revealed that in October 2014, officials Aguayo. The excessive amount demanded had irregularly visited a scene later linked to could constitute a form of punishment and the crime and handled important evidence intimidation, potentially affecting freedom of without proper permission or documentation. expression in public debate. A man held in custody in relation to the case In August, prisoner of conscience and was forced by the authorities to participate in community environmental defender Ildefonso the visit without his lawyer present or any Zamora was released after nine months’ oversight from a judge. The visit took place a imprisonment on fabricated charges. day before the government discovered a small piece of bone in the same place, later FREEDOM OF ASSEMBLY identified as belonging to student Alexander The Supreme Court continued to analyze a Mora Venancio. The leading official involved legal challenge to Mexico City’s 2014 Law on in these investigations resigned from his post Mobility. It ruled in August that the law within the Federal Attorney General’s Office, should not be interpreted as imposing a prior even though an investigation into his actions authorization regime for demonstrations, but was ongoing. He was immediately appointed only as a rule allowing people to notify by President Peña Nieto to another senior authorities in advance of any planned federal position. In November, the IACHR demonstration. The Court considered that the presented its work plan for a follow-up lack of provisions on spontaneous mechanism on the Ayotzinapa case after the demonstrations did not mean that such acts GIEI recommendations and the 2014 were forbidden in any way. Finally, it voted in precautionary measure issued by the IAHCR favour of a rule banning protests in the city’s ordering Mexico to determine the status and main avenues. whereabouts of the 43 missing students. RIGHTS OF LESBIAN, GAY, BISEXUAL, HUMAN RIGHTS DEFENDERS TRANSGENDER AND INTERSEX PEOPLE AND JOURNALISTS In May, President Peña Nieto presented two Human rights defenders and journalists draft bills to Congress to reform the continued to be threatened, harassed, Constitution and the Federal Civil Code. The intimidated, attacked or killed. At least 11 proposed constitutional reform to expressly journalists were killed during the year. The guarantee the right to marry without federal Mechanism for the Protection of discrimination was rejected by Congress Human Rights Defenders and Journalists left in November. human rights defenders and journalists The second proposed reform to the Civil inadequately protected. In February, Code would prohibit discrimination on international human rights organizations grounds of sexual orientation and gender denounced the smear campaign against the identity in allowing couples to marry and GIEI and local NGOs involved in the people to adopt children; the reform also Ayotzinapa case – a campaign that appeared included the right of transgender people to to be tolerated by the authorities. The have their gender identity recognized by number of requests for protection under the Mexico. The bill had yet to be discussed in Mechanism remained steady in relation to Congress. the previous year. In September, Supreme Court In July, Humberto Moreira Valdés, former jurisprudence upholding same-sex couples’ governor of the state of Coahuila and former rights to marry and adopt children without president of the Institutional Revolutionary being discriminated against on the basis of

Amnesty International Report 2016/17 253 sexual orientation and gender identity became binding on all judges in the country. MOLDOVA

VIOLENCE AGAINST WOMEN AND GIRLS Republic of Moldova Violence against women and girls remained Head of state: Igor Dodon (replaced Nicolae Timofti in endemic. In April, dozens of thousands of December) people demonstrated around the country, Head of government: Pavel Filip (replaced Gheorghe demanding an end to violence against Brega in January) women, including sexual harassment. The “Gender Alert” mechanism was activated in Police occasionally used unnecessary or the states of Jalisco and Michoacán after it excessive force during street protests. A had already been activated in the states of number of high-profile cases of criminal Morelos and Mexico in the previous year. A prosecution prompted concern about unfair lack of accurate, up-to-date and trials, including selective justice. The media disaggregated data about gender-based remained largely free albeit less pluralistic violence constituted a major obstacle to than in previous years. No progress was tackling the problem. made to address structural causes of impunity for torture and other ill-treatment. INDIGENOUS PEOPLES’ RIGHTS Overcrowding and poor conditions prevailed Due to last-minute information from the in some penitentiary institutions. Laws Ministry of Economy regarding the allowed forced detention and non- cancellation of two mining concessions by consensual administration of treatment to companies in the community of San Miguel people with disabilities in psychiatric Progreso, Guerrero state, the Supreme Court institutions. declined to consider the effect that the Mining Law of 1991 had on Indigenous BACKGROUND Peoples’ rights. A legal framework on A sense of impotence in the face of Indigenous Peoples’ right to free, prior and corruption and deteriorating living standards informed consent remained largely absent continued to define the political climate, from the legislative debate, despite the fact prompting popular discontent and sporadic that a bill had been discussed in public protests. Rumours of political meddling by a forums and the National Human Rights prominent oligarch, following the sudden Commission issued a recommendation in arrest of former Prime Minister Vladimir Filat October to the Congress that it legislate on in October 2015, prompted some of the large this matter. In September, the Indigenous street protests. Relative political stability was municipality of Guevea de Humboldt, Oaxaca achieved in January, through opaque state, allowed women in the community to backstage party deals, leading to the exercise their right to vote for the first time in appointment of the new Prime Minister. The local elections. Constitutional Court ruled on 3 March that the country’s President should be elected by direct popular vote, leading to the first direct 1. Surviving death: Police and military torture of women in Mexico (AMR 41/4237/2016) presidential election since 1996, on 30 October (with a second round on 13 November). FREEDOM OF ASSEMBLY Demonstrations in the capital Chişinău and elsewhere remained peaceful, except for some minor clashes between protesters and police. The police response, although

254 Amnesty International Report 2016/17 generally restrained, occasionally involved warning that he “will be stopped” if he unnecessary or excessive use of force, carried on writing about the oligarchic including tear gas and batons. system. TV presenter Natalia Morari reported The trial continued of the seven “Petrenco receiving similar warnings from a source group” protesters (for trying to force their way which she described as credible. Both into the Prosecutor’s Office during a journalists filed official complaints with demonstration on 6 September 2015), with the authorities. six of them spending over six months in detention and all charged with “attempting to TORTURE AND OTHER ILL-TREATMENT organize mass disturbances”. Following No progress was made to address structural much criticism in Moldova and causes of impunity for torture and other ill- internationally, the six detained defendants treatment, while the prosecution of alleged were placed under house arrest on 22 perpetrators remained extremely rare. February and released one month later under Between January and June, 331 people travel restrictions. complained to the Prosecutor’s Office about torture and other ill-treatment. Out of 19 UNFAIR TRIALS torture-related cases in which courts gave The case against the “Petrenco group” and a decisions, 15 resulted in convictions but only number of other criminal prosecutions two out of the 18 defendants convicted prompted concerns about political bias. received custodial sentences. Following eight months of detention, on 27 Vladimir Filat’s family and lawyer June Vladimir Filat was found guilty of repeatedly alleged that he was ill-treated, “passive corruption” and “benefiting from including by being placed in solitary [his] influence” in relation to fraud in 2014 confinement where they said conditions that cost the National Bank over a third of its amounted to torture. This once again shone a reserves, and sentenced to nine years’ light on Penitentiary Institution no. 13 in imprisonment. His closed trial left more Chişinău, which had been criticized by questions than answers, including over the independent monitors in previous years. All lack of investigation against any other requests for an independent visit to Filat, politicians. His defence appealed against the including by Amnesty International, were verdict and claimed that there were refused, even after his conviction. However, procedural violations and lack of equality of Amnesty International visited the institution arms between the parties. The latter was and confirmed that while conditions had officially denied, but because of the closed visibly improved in some cells (improvements proceedings, neither claim could be usually sponsored by inmates’ families), independently verified. During the hearing, overcrowding and poor sanitary and hygiene Vladimir Filat reportedly went on hunger conditions prevailed in others. strike for 20 days and once lost In June, the European Committee for the consciousness in the courtroom. Prevention of Torture reported on its September 2015 visit to Moldova. It noted FREEDOM OF EXPRESSION – MEDIA progress since 2011, but there were still While media freedom was generally concerns about excessive force by police respected, concerns over independence during arrest, ill-treatment of detainees persisted in light of the concentration of during “preliminary questioning”, and ownership in the hands of a few individuals. overcrowding of “disturbing proportions” in At least two prominent critical journalists some prisons. complained of anonymous threats. In August, a bullet was fired into the window of Constantin Cheianu’s daughter’s flat. The journalist had received text messages

Amnesty International Report 2016/17 255 the death penalty. The government failed to LEGAL, CONSTITUTIONAL OR protect human rights defenders from threats INSTITUTIONAL DEVELOPMENTS and attacks by state agencies and non-state Changes to the Criminal Procedure Code actors. Torture and other ill-treatment came into force on 26 May, introducing remained pervasive, particularly in custody. stronger safeguards against arbitrary use of Residents of the capital, Ulaanbaatar, pre-trial detention and requiring non- remained at risk of forced eviction and custodial alternatives wherever possible. violations of their right to adequate housing because legislation did not conform to RIGHTS OF LESBIAN, GAY, BISEXUAL, international human rights law and TRANSGENDER AND INTERSEX PEOPLE standards. The biggest-ever Pride march took place on 22 May in Chişinău, involving around 300 HOUSING RIGHTS participants. Some counter-demonstrators Despite the advanced stage of urban attempted to assault LGBTI rights activists. redevelopment in Ulaanbaatar, relevant laws The police provided an effective cordon but and policies continued to lag behind practice decided to evacuate the participants by bus at both national and local levels. Large-scale just before the march reached its final redevelopment in the ger areas − areas destination. without adequate access to essential services − in Ulaanbaatar were initiated 10 DISCRIMINATION – PEOPLE years earlier to manage the city’s unplanned WITH DISABILITIES population growth and increased pollution The UN Special Rapporteur on the rights of levels.1 In the absence of adequate persons with disabilities asked the government regulation and effective government to urgently end the consultation and monitoring, individuals institutionalization of people with disabilities affected by redevelopment were vulnerable to in psychiatric and psycho-neurological human rights violations, particularly the right residential institutions. Various laws allow the to adequate housing. forced detention and non-consensual In one case, redevelopment plans had a administration of psychiatric treatment for devastating impact on residents. People in a people with disabilities as well as the non- dilapidated building in the Sukhbaatar district consensual termination of pregnancies on the of Ulaanbaatar, including people with grounds of psychosocial or intellectual disabilities and families with young children, impairment. remained in apartments without heating during the winter temperatures of -30°C in 2015-2016. The authorities relocated them to temporary accommodation in October. Those MONGOLIA who were relocated remained at risk of a Mongolia wide range of human rights violations and Head of state: Tsakhia Elbegdorj abuses without effective safeguards and Head of government: Jargaltulga Erdenebat (replaced mechanisms for redress.2 Chimediin Saikhanbileg in July) HUMAN RIGHTS DEFENDERS The main opposition party Mongolia’s Human rights defenders continued to be People’s Party obtained the majority of subjected to physical and psychological seats in the June parliamentary elections. threats and attacks by both state and non- The new government postponed the state actors. An investigation continued into implementation of five laws passed by the the suspicious death in late 2015 of previous government, including a new Lkhagvasumberel Tomorsukh, an Criminal Code which would have abolished environmental activist from the Snow Leopard

256 Amnesty International Report 2016/17 Conservation Foundation. The National allowing the police authorities to ban an Human Rights Commission of Mongolia LGBTI Pride march in Nikšić, the second reported that the law on NGOs and other largest town, three times consecutively. The domestic laws did not fully protect the rights organizations’ initial complaint had been of human rights defenders. rejected by the Ministry. In June, the court rejected the applicants’ claims; the TORTURE AND OTHER ILL-TREATMENT organizations have turned to the Torture and other ill-treatment in detention Constitutional Court to request a centres continued to be widespread. The constitutional review. authorities frequently transferred detainees between detention centres or placed them in ENFORCED DISAPPEARANCES centres far from their homes in order to By the end of the year, the authorities had intimidate them and make their access to not acted on the recommendations of the UN legal counsel and family visits difficult. Committee on Enforced Disappearances to include disappearance as a separate criminal offence in the Criminal Code. The authorities 1. Mongolia: Falling short − the right to adequate housing in Ulaanbaatar (ASA 30/4933/2016) also failed to enable access to justice and 2. Mongolia: 200 people face imminent risk of homelessness (ASA reparation for victims. Additionally, 30/3743/2016) and Further information (ASA 30/4793/2016) Montenegro failed to ensure that the continuous nature of enforced disappearance was recognized in its system of criminal law. The fate and whereabouts of the 61 MONTENEGRO individuals still reported missing following the Montenegro 1991-1999 armed conflicts in the former Head of state: Filip Vujanović Yugoslavia were not investigated. Head of government: Duško Marković (replaced Milo Đukanović in November) FREEDOM OF EXPRESSION – JOURNALISTS Parliamentary elections in October Journalists continued to receive threats and cemented the rule of the governing coalition media offices were occasionally vandalized. led by Milo Đukanović; independent The Minister of Interior announced in June election monitors reported irregularities in that amendments to the Criminal Code would dozens of polling stations. be introduced to address the prevalent impunity for attacks on journalists. A draft COUNTER-TERROR AND SECURITY had not been submitted by end of year. In January and June, Montenegro resettled The trial of Jovo Martinović, an two former detainees from the US detention investigative journalist detained since October centre at Guantánamo Bay, Cuba. 2015, opened in late October. He was In September, the government signed the accused of being involved in the criminal Additional Protocol to the Council of Europe network he was investigating. Human rights Convention on the Prevention of Terrorism, to groups and journalist associations expressed tackle the issue of “foreign terrorist fighters”. concern that the charges were motivated by his investigative work. DISCRIMINATION – LESBIAN, GAY, BISEXUAL, TRANSGENDER AND REFUGEES AND INTERNALLY INTERSEX PEOPLE DISPLACED PEOPLE In May, two LGBTI organizations brought a Over 1,600 refugees who fled to Montenegro case before an administrative court against during the conflict in former Yugoslavia the Ministry of Interior for failing to guarantee remained without durable solutions. They still the right to freedom of peaceful assembly by lived in substandard conditions in camps

Amnesty International Report 2016/17 257 without access to comprehensive integration streets in major cities including the capital, programmes. The refugees, the majority of Rabat, and Marrakech after Mouhcine Fikri, them Roma from Serbia/Kosovo, had not a fish vendor, died trying to retrieve fish that received adequate support to acquire formal officials had confiscated from him in Al international protection status, citizenship or Hoceima, in the Rif region. Al Hoceima also permanent residency rights. This prevented witnessed large demonstrations. The protests them from accessing essential services, subsided after four days when the authorities including health care and employment charged 11 people in connection with opportunities. Mouhcine Fikri’s death. The UN Human Rights Committee reviewed Morocco’s human rights record in MOROCCO/ October.2 JUSTICE SYSTEM WESTERN SAHARA The authorities pursued their efforts to reform the justice system. In February, Parliament Kingdom of Morocco passed laws on the Higher Judicial Council Head of state: King Mohamed VI and the Statute for Judges but these failed to Head of government: Abdelilah Benkirane establish judicial independence. In June, the Council of Government approved draft The authorities restricted rights to freedom legislation to amend and complete the Penal of expression, association and assembly, Code; it contained some progressive prosecuting journalists and forcibly provisions but failed to address the significant dispersing protests. Women faced deficiencies of the existing Code including discrimination in law and in practice. the death penalty and undue restrictions on Consensual same-sex sexual relations freedoms of expression and religion, among remained criminalized. Courts imposed others. The draft legislation had yet to be death sentences; there were no executions. enacted at the end of the year. A draft bill to amend the Code of Criminal Procedure BACKGROUND remained under consideration. In March, the government forced the UN to close a Military Liaison Office of the UN FREEDOM OF EXPRESSION Mission for the Referendum in Western The authorities continued to prosecute Sahara (MINURSO) and withdraw civilian journalists and critics for exercising their right staff after UN Secretary-General Ban Ki- to freedom of peaceful expression. They moon referred to Morocco’s “occupation” of included Ali Anouzla, a leading independent Western Sahara. In April, the UN Security journalist charged in January with Council extended MINURSO’s mandate for advocating, supporting and inciting terrorism another year without including any human in an article published on the website rights monitoring component. MINURSO had Lakome.com in 2013. If convicted, he would not returned to its previous capacity by the face up to 20 years in prison. Seven end of the year.1 journalists and activists faced charges that In September, Morocco submitted a included “undermining state security” and request to join the African Union (AU). “failing to report foreign funding” for October saw protests against social and participating in a foreign-funded project to economic grievances erupt in different parts train people in citizen journalism. If of the country. Residents clashed with police convicted, they would face prison sentences when the authorities began demolishing of up to five years.3 informal settlements in the town of Sidi Bibi, In February, the Higher Judicial Council near Agadir. Thousands of people took to the dismissed Judge Mohamed El-Haini from

258 Amnesty International Report 2016/17 office after the Minister of Justice and Liberties accused him of violating the duty of REPRESSION OF DISSENT – discretion and expressing opinions of a SAHRAWI ACTIVISTS political nature by criticizing the draft laws on The authorities continued to stifle peaceful the Higher Judicial Council and the Statute dissent in Western Sahara, dispersing for Judges on social and other media. peaceful protests and prosecuting and A new Press Code adopted in August restricting Sahrawi activists who advocated removed imprisonment as a penalty for self-determination or reported human rights exercising press freedom, one month after violations. The authorities interrogated some the authorities amended the Penal Code to human rights defenders when they returned criminalize certain forms of peaceful from foreign travel, and continued to block expression. the legal registration of the Collective of Sahrawi Human Rights Defenders (CODESA) FREEDOMS OF ASSOCIATION and other Sahrawi rights groups. AND ASSEMBLY In July the Court of Cassation ruled that 23 The authorities continued to block the legal Sahrawi protesters and activists imprisoned registration of several human rights following deadly clashes in 2010 in Gdeim organizations, including branches of the Izik should be re-tried before a civilian court. Moroccan Association of Human Rights, Most had been sentenced in 2013 to long Freedom Now and the Maghreb Co- prison terms after an unfair trial before a ordination of Human Rights Organizations. military court based on “confessions” that They also prevented human rights groups they alleged were obtained through torture. and other associations from holding public The new civilian trial opened in late and other meetings and assemblies, and December but was adjourned until January continued to expel or deny entry to foreign 2017. Twenty-one of the 23 remained in journalists, activists and human rights prison at the end of the year.5 defenders. In June, the International Institute The authorities continued to expel from or for Nonviolent Action (NOVACT), a Spanish bar entry to Western Sahara for foreign NGO, closed its Morocco office after the journalists and activists as well as human authorities denied entry to two of its staff. rights activists. In April, they expelled Amnesty International remained in dialogue Spanish, Belgian and French jurists and a with the authorities to lift remaining Spanish judge who had travelled to Rabat to restrictions on its own fact-finding activities in make representations on behalf of the Gdeim Morocco and Western Sahara. Izik prisoners. The authorities continued to restrict the right to freedom of peaceful assembly. In TORTURE AND OTHER ILL-TREATMENT January, police forcibly dispersed peaceful In April, security forces arrested Brahim protests by trainee teachers in Inezgane and Saika, an activist of the Co-ordination of other cities, beating protesters with batons Unemployed Sahrawis group in Guelmim, as and shields and injuring more than 150, he left home to join a peaceful protest in according to witnesses. support of greater employment. He was In August, a court sentenced eight activists charged with insulting and assaulting public after an unfair trial to prison terms ranging officials and insulting a public institution, and from four months to one year for participating began a hunger strike after accusing the in a peaceful protest in Sidi Ifni, in southern police of ill-treating him in custody. Soon Morocco.4 Convictions were upheld on afterwards he died in hospital while under appeal in October, with one four-month police custody. According to media reports, prison sentence reduced to three months. an official autopsy concluded that his death was caused by a virus but the authorities failed to conduct an independent inquiry into

Amnesty International Report 2016/17 259 his death, as his family requested, and cases of incest and rape and on certain buried his remains against his family’s medical grounds. However, the amendments wishes. would include requirements for third party Dual Belgian-Moroccan national Ali notification and approval that could delay Aarrass remained in prison more than three access to legal abortions, putting pregnant years after the UN Working Group on women’s health at risk. The amendments had Arbitrary Detention concluded that he had not been enacted by the end of the year. been convicted after an unfair trial based on In July, Parliament adopted a law a torture-tainted “confession”. In June, he regulating employment of domestic workers, alleged in an open letter that he and other predominantly women and girls. It detainees had been subjected to ill- established 18 as the minimum age for treatment. He was transferred to Tiflet II Local domestic workers but provided a five-year Prison in October and detained in solitary transition period during which children aged confinement where he remained at the end 16 and 17 may continue to be employed as of the year. The Court of Cassation had yet to domestic workers. rule on his case, more than four years after hearing an appeal against his conviction.6 RIGHTS OF LESBIAN, GAY, BISEXUAL, Detainees protested against harsh prison TRANSGENDER AND INTERSEX PEOPLE conditions, including poor hygiene, The authorities continued to prosecute and inadequate nutrition and health care, and imprison LGBTI people under Article 489 of severe overcrowding. A National Preventive the Penal Code, which criminalizes Mechanism had yet to be established, more consensual same-sex sexual relations. In than two years after Morocco acceded to the March, they prosecuted two men who were Optional Protocol to the UN Convention victims of a homophobic attack by youths in against Torture, which requires such the city of Beni Mellal. Film of the attack mechanisms to be set up. sparked wide condemnation when it was circulated on the internet. One of the attack IMPUNITY victims received a four-month prison term The authorities failed to implement key under Article 489, suspended on appeal, and recommendations from the Equity and a fine; the other received a three-month Reconciliation Commission, 10 years after suspended prison sentence. According to the Commission published its report news reports, two of their attackers were examining human rights violations between sentenced to prison terms on appeal of four 1956 and 1999. months and six months respectively. WOMEN’S RIGHTS REFUGEES’ AND MIGRANTS’ RIGHTS In July, the lower house of Parliament The authorities continued to prevent people adopted a long-awaited draft law on from sub-Saharan Africa from irregularly combating violence against women, but the entering the Spanish enclaves of Ceuta and draft remained under consideration before Melilla in northern Morocco, with some the upper house at the end of the year.7 It people alleging excessive use of force by the contained some positive elements, including Moroccan and Spanish authorities. The measures to protect survivors of violence authorities repeatedly destroyed makeshift during and after judicial proceedings, but camps around the northeastern city of Nador without significant strengthening it would not and displaced dozens of people to cities in afford women effective protection against the south, according to human rights groups. violence and discrimination. In July, lawmakers adopted legislation The Penal Code continued to criminalize approving Morocco’s ratification of ILO abortion. The authorities proposed Convention 143 on Migrant Workers. In amendments that would allow exceptions in August the government promulgated a new

260 Amnesty International Report 2016/17 law to combat human trafficking. In December, King Mohammed VI announced a MOZAMBIQUE new wave of regularization of undocumented migrants. Republic of Mozambique The authorities again failed to establish a Head of state and government: Filipe Jacinto Nyusi national asylum system but allowed refugees access to basic rights and services, including The security forces and opposition members education. They issued Syrians registered by and supporters committed human rights UNHCR, the UN refugee agency, with abuses with impunity, including killings, documents protecting them against torture and other ill-treatment. Thousands refoulement without taking a decision on their of refugees fled to Malawi and Zimbabwe. definitive status. People expressing dissent or criticizing human rights violations, political and POLISARIO CAMPS military instability or the country’s hidden The Polisario Front again failed to hold to debts faced attacks and intimidation. account those responsible for committing human rights abuses in camps under its BACKGROUND control during the 1970s and 1980s. Brahim Violent clashes continued between the ruling Ghali became Secretary General of the party, the Mozambique Liberation Front Polisario Front following the death of (FRELIMO), and the main opposition party, Mohamed Abdelaziz in May. the Mozambique National Resistance (RENAMO), in the centre of Mozambique. DEATH PENALTY On 5 March, President Nyusi invited Courts continued to hand down death Afonso Dhlakama, leader of RENAMO, to sentences; there have been no executions talks on “restoring peace in the country”. since 1993. In July, the authorities Talks between FRELIMO and RENAMO commuted the death sentences of 23 people teams started. On 10 June, the teams agreed to life imprisonment. to invite international mediators to facilitate talks around four points: RENAMO governing the six provinces where it claims it won 1. UN must monitor human rights in Western Sahara and Sahrawi refugee camps (News story, 26 April) elections in 2014; the cessation of armed 2. Morocco: The authorities must swiftly implement the activity; the formation of joint armed forces, recommendations of the UN Human Rights Committee (MDE police and intelligence services; and the 29/5158/2016) disarmament and reintegration of RENAMO 3. Morocco ramps up crackdown on press freedom with trial over citizen armed members. journalism (News story, 26 January) In August, the mediators presented a 4. Morocco: Sidi Ifni protesters must be given fair appeal trial and proposed agreement. However, the parties released unless assault charges are proved (MDE 29/4763/2016) disagreed over the condition that the 5. Morocco/Western Sahara: Further information – Sahrawi defendants government should withdraw its armed forces granted civilian re-trial (MDE 29/4615/2016) from the Gorongosa region, where Afonso 6. Morocco: Torture survivor still detained despite UN calls for his Dhlakama is based, and no agreement was immediate release (MDE 29/4119/2016) reached. Talks were continuing at the end of 7. Morocco: Violence against women bill needs stronger safeguards the year. (MDE 29/4007/2016) In April, the existence of hidden borrowing of more than US$1 billion for security and defence spending came to light. The disclosure led to the International Monetary Fund (IMF) and other international donors suspending financial aid to Mozambique pending an independent international audit.

Amnesty International Report 2016/17 261 In August, a parliamentary inquiry believed that these men were members of commission was established to investigate, the armed forces. but it had a majority of FRELIMO members RENAMO members and supporters and was boycotted by RENAMO. The reportedly looted health facilities and carried commission’s findings were discussed in out attacks on highways and police stations, Parliament on 9 December in a closed resulting in a number of casualties among session. The report had not been made the general population, as well as attacking public by the end of the year. the police and armed forces. The government Mozambique’s human rights record was failed to investigate and prosecute crimes examined under the UN Universal Periodic against the general population committed by Review (UPR) process in June; Mozambique members and supporters of RENAMO. accepted 180 and rejected 30 In May, local and international media and recommendations. Recommendations on the civil society organizations reported the ratification of the International Convention discovery of unidentified bodies and a mass against enforced disappearance and the grave near the Gorongosa region. An Rome Statute of the ICC, and on freedom of investigation was launched in June, but expression and corporate accountability were neither the bodies nor those suspected of among those rejected.1 responsibility had been identified at the end of the year. LACK OF ACCOUNTABILITY On 8 October, Jeremias Pondeca, a senior Members of the armed forces, police officials RENAMO member and part of the mediation and secret service agents reportedly team to end the conflict between RENAMO committed human rights violations against a and the government, was shot dead in the number of people they suspected to be capital Maputo by unidentified men believed members or supporters of RENAMO. The to be members of a death squad composed violations included extrajudicial executions, of security officers. Those suspected of torture and other ill-treatment, arbitrary criminal responsibility for the attack had not detentions and destruction of property. There been identified at the end of the year. was continued impunity for such crimes under international law and human REFUGEES AND ASYLUM-SEEKERS rights violations. According to UNHCR, the UN refugee On 10 May, Benedito Sabão, a subsistence agency, nearly 10,000 Mozambicans sought farmer from the town of Catandica, Manica refuge in Malawi and Zimbabwe during the province, was arbitrarily arrested, ill-treated year. The Mozambican government did not and shot at by suspected secret service recognize them as refugees, but considered agents, allegedly for supporting RENAMO. He them as economic migrants. survived the attack but continued to receive threats.2 Those suspected of criminal FREEDOM OF EXPRESSION responsibility for the attack had not been Intimidation and attacks against people identified, let alone brought to justice, by the expressing dissenting or critical views, end of the year. including journalists and human rights In June, a group of Mozambican defenders, occurred throughout the year. subsistence farmers in a refugee camp in On 23 May, political commentator and Malawi said that their village in Tete province university professor José Jaime Macuane was in Mozambique had been invaded by four abducted outside his home in Maputo by vehicles with about 60 civilians armed with unidentified men believed to be members of guns and machetes; the village had been a death squad composed of security officers. labelled a RENAMO stronghold. The The men shot him in the legs and dumped attackers set the village ablaze and torched him by the roadside in Marracuene district, crops that the farmers lived off. The refugees 30km north of Maputo. The kidnappers told

262 Amnesty International Report 2016/17 him that they had been ordered to leave him improvements in the human rights lame. José Jaime Macuane had publicly situation. The persecuted Rohingya minority addressed issues of political governance, the faced increased violence and ongoing clashes between FRELIMO and discrimination. Religious intolerance and RENAMO, the hidden debts and violations of anti-Muslim sentiment intensified. Fighting the right to freedom of expression. Those between the army and ethnic armed groups responsible for the abduction and shooting escalated in northern Myanmar. The had not been identified at the end of the year. government increased restrictions on access for UN and other humanitarian agencies to FREEDOM OF ASSEMBLY displaced communities. Although scores of After the disclosure of hidden debts in April, prisoners of conscience were released, a demonstration was called anonymously via restrictions on freedoms of expression, of text messages and social media. On 25 April, association and of peaceful assembly the police announced that any unauthorized remained. Impunity persisted for past and demonstration would be repressed. On 28 ongoing human rights violations. and 29 April, the police reinforced their presence in the streets of Maputo but no BACKGROUND demonstration took place. Parliament convened for the first time on 1 In May, political parties without February following the November 2015 parliamentary representation and civil society elections in which the National League for organizations called for a peaceful Democracy won a landslide victory. In March, demonstration to protest against the country’s Htin Kyaw was elected as President and the hidden debts and political and military formal transfer of power took place the same instability. However, Maputo City Council month. Aung San Suu Kyi remained refused to allow the protest to take place. constitutionally barred from holding the João Massango, a leading member of the presidency but in April was appointed State Ecology Party, was one of the organizers of Counsellor, a role created especially for her, this protest. On 20 May, he was the victim of which made her the de facto leader of the an attempted abduction and was beaten by civilian government. Despite this, the military unidentified armed men believed to be retained significant political power, with an members of a death squad composed of allocated 25% of seats in Parliament which security officers in Maputo. Those gave it a veto over constitutional changes, responsible for the attack had not been and control over key ministries. The military identified at the end of the year. remained independent of civilian oversight. DISCRIMINATION 1. Mozambique: Amnesty International welcomes commitment to investigate extrajudicial executions, torture and other ill-treatment The Rohingya minority (AFR 41/4449/2016) The situation of the Rohingya deteriorated 2. Mozambique: Accused of being opposition member, shot at: Benedito significantly after attacks on border police Sabão (AFR 41/4099/2016) outposts in northern Rakhine State in October by suspected Rohingya militants. Nine police officers were killed. Security MYANMAR forces responded with a major security operation, conducting “clearance operations” Republic of the Union of Myanmar and sealing the area, effectively barring Head of state and government: Htin Kyaw (replaced humanitarian organizations, media and Thein Sein in March) independent human rights monitors from entering. Security forces were responsible for The formation of a new civilian-led unlawful killings, random firing on civilians, government did not lead to significant rape and arbitrary arrests.1 Tens of thousands

Amnesty International Report 2016/17 263 of people were displaced after their homes Region’s Chief Minister told the media that no were destroyed, and at least 27,000 fled to action would be taken against the suspected Bangladesh. The response collectively perpetrators.2 In July, a mob attacked a punished the entire Rohingya community in Muslim prayer hall in Hpakant Township, northern Rakhine State and the conduct of Kachin State, for which five people were the security forces may have amounted to arrested but no one was brought to justice by crimes against humanity. The government the end of the year. issued blanket denials that security forces had carried out human rights violations. An INTERNAL ARMED CONFLICT investigation commission established by the In August, the new government held the government in December lacked credibility “Union Peace Conference-21st Century as it was headed by a former army general Panglong”, which aimed to move the and its members included the Chief of Police. nationwide peace process forward. It was Elsewhere in Rakhine State, the situation expected to convene every six months. The remained serious, with Rohingya and other Conference was attended by the military, Muslim people facing severe restrictions to representatives of most ethnic armed groups their freedom of movement. They were and the UN Secretary-General. confined to their villages or displacement Despite these efforts, fighting continued in camps and segregated from other some parts of the country. Between April and communities. Access to their livelihoods, to September conflict between the Kachin health care including life-saving treatment, Independence Army and the Myanmar Army food security and education were greatly escalated with the latter resorting to restricted. air strikes and shelling, killing and injuring Most Rohingya people remained deprived civilians. During September, fighting erupted of a nationality. Government efforts to restart in Kayin State when the Border Guard Force a citizenship verification process stalled, with and the Myanmar Army clashed with a many Rohingya rejecting it because it was splinter group from the Democratic Karen based on the discriminatory 1982 Citizenship Benevolent Army. Further fighting broke out Law. between the Myanmar Army and the Arakan The government established two Army in Rakhine State. In November, the committees in an attempt to resolve the Brotherhood of the Northern Alliance, a new situation: the Central Committee on coalition of four armed ethnic groups in Implementation of Peace, Stability and northern Myanmar, launched co-ordinated Development of Rakhine State in May, attacks on security outposts in Kachin and chaired by Aung San Suu Kyi; and in August, northern Shan states. The groups said the the Advisory Commission on Rakhine State, attacks were in response to ongoing chaired by former UN Secretary-General Kofi offensives by the Myanmar Army. Annan. Reports of violations of international human rights and humanitarian law in areas FREEDOM OF RELIGION AND BELIEF of armed conflict persisted. Violations Discrimination, religious intolerance and anti- included rape and other crimes of sexual Muslim sentiment intensified, particularly violence, forced labour, arbitrary arrests, following the October attacks in Rakhine torture and other ill-treatment, the use of State. The authorities failed to take effective landmines and recruitment of child soldiers. action to counter advocacy of religious The Myanmar Army had discharged 101 hatred, or to bring the perpetrators of attacks children and young adults from its forces by against religious minorities to justice. the end of the year. A mob attack in Bago Region in June left one man injured and a mosque and other Muslim-owned buildings destroyed. The

264 Amnesty International Report 2016/17 conscience, were released following a LACK OF HUMANITARIAN ACCESS presidential pardon.4 From April, the government increased Prisoners of conscience remained held, restrictions on access for UN and other and politically motivated arrests and humanitarian agencies and actors to imprisonment continued. Dozens of people displaced communities in areas not under its were investigated for “online defamation” control in northern Myanmar.3 It considered under the 2013 Telecommunications Act, a requiring displaced people in these areas to vaguely worded law used increasingly to stifle cross internal front lines to receive aid, a peaceful criticism of the authorities. In move which if implemented would violate October, Hla Phone was sentenced to two international humanitarian law. years’ imprisonment for “online defamation” In Rakhine State, international and “incitement” for criticizing the former humanitarian agencies were required to government and the Myanmar Army undergo cumbersome procedures to obtain on Facebook. travel authorization to provide services to Former prisoners of conscience continued vulnerable communities. Following the to face a range of problems arising from the October attacks in northern Rakhine State, all effects of their prison conditions and their pre-existing humanitarian services were status as former prisoners including lack of suspended, affecting over 150,000 people. medical and psychological care, access to While services resumed in some areas, an education and employment opportunities. estimated 30,000 internally displaced people There were no government programmes (IDPs) had no access to sustained providing support and rehabilitation to former humanitarian aid because of security prisoners or their families. operations by the end of the year. FREEDOMS OF EXPRESSION, REFUGEES AND INTERNALLY ASSOCIATION AND ASSEMBLY DISPLACED PEOPLE The new government initiated a review of According to the UN Office for the certain repressive laws, and repealed the Coordination of Humanitarian Affairs (OCHA), 1975 State Protection Act and the 1950 there were over 250,000 IDPs in Myanmar. Emergency Provisions Act which had been They included over 100,000 people used to imprison peaceful critics of former displaced by fighting in Kachin and northern governments. However, other repressive laws Shan states and 150,000 people, mostly remained, leaving human rights defenders at Rohingya, in Rakhine State. risk of arrest and imprisonment for their Around 100,000 refugees continued to live peaceful activities.5 The legal reform process in nine camps in Thailand. In October, the lacked transparency and Parliament failed to first pilot voluntary return of 71 people began, consult adequately with civil society and legal supported by the Myanmar and Thailand experts. Proposed amendments to the 2012 governments, and UNHCR, the UN refugee Peaceful Assembly and Peaceful Procession agency, and other agencies. Many other Act fell far short of requirements under refugees remained in Thailand and continued international human rights law and to express fears about returning to Myanmar. standards.6 A draft privacy and security bill contained multiple provisions which, if PRISONERS OF CONSCIENCE adopted, could arbitrarily restrict the right to On 8 April, one week after the new freedom of expression, and other rights. government assumed office, dozens of Human rights defenders, lawyers and student protesters detained since March journalists continued to face intimidation, 2015 were released. On 17 April, 83 harassment and surveillance by the prisoners, including many prisoners of authorities. They reported being followed; photographed when attending events and

Amnesty International Report 2016/17 265 meetings; late-night inspections of their delivering justice, truth and reparations to homes and offices; and harassment of family victims and their families. Most perpetrators members. Women human rights defenders of past and current human rights violations were particularly vulnerable to sexual continued to evade justice. harassment and intimidation. In January, just days before it was dissolved, Parliament adopted the Former CORPORATE ACCOUNTABILITY Presidents Security Law, which could grant In October, Parliament adopted a new immunity to former presidents for crimes Investment Law. However, there were no committed while they were in office, provisions protecting people against forced including for crimes against humanity, war eviction or from the impact of pollution crimes and other crimes under international caused by business. law.7 In May, protests resumed at the In July, the army made a rare public Letpadaung mine following an admission of wrongdoing when it announced announcement that it had started producing that seven soldiers had killed five villagers in copper. Two protest leaders were northern Shan State and that a court-martial subsequently charged with criminal offences was underway. They were sentenced to five and faced a maximum of four years’ years in prison with hard labour in imprisonment. The Letpadaung project had a September. While a step forward for military long history of causing forced eviction and transparency, the case also highlighted the violent repression of protests against the need for reform in the military and civilian mine although no one had been held justice systems. Under the 2008 Constitution, to account. the military retains control over its own In October, the Ministry of Industry judicial processes, including when allegations renewed the operating licence of the Moe of human rights violations are involved. Gyo acid factory which processes copper for The Myanmar National Human Rights the Letpadaung and S&K mines. The licence Commission remained ineffectual in was renewed despite serious concerns that responding to reports of human rights the health of villagers living nearby was violations and lacked independence. In adversely affected; and despite a decision by October, four Commissioners resigned after the Salyingyi municipal authorities not to the media reported that they had negotiated renew the factory’s licence pending an a financial settlement in a case involving assessment of its health and environmental child forced labour and ill-treatment. impact. INTERNATIONAL SCRUTINY DEATH PENALTY For the first time in 25 years, the UN General No executions were carried out although Assembly did not adopt a resolution on courts continued to impose death sentences. Myanmar after the EU decided not to In January, then President Thein Sein propose a draft text. None of the key human commuted the death sentences of 77 rights recommendations in previous prisoners to life imprisonment. In October, resolutions had been fully implemented.8 Parliament repealed the 1950 Emergency The UN Special Rapporteur on the Provisions Act which allowed for the death situation of human rights in Myanmar made penalty. The death penalty remained under two official visits to the country. While her other laws. access improved, she reported ongoing surveillance and harassment of civil society LACK OF ACCOUNTABILITY members she met. She also reported finding The institutional and legislative framework a recording device placed by a government maintained obstacles to holding perpetrators official during a community meeting in of human rights violations to account, and Rakhine State.

266 Amnesty International Report 2016/17 In March, the UN Human Rights Council and girls. Violations of the right to freedom adopted the outcome of the UN Universal of expression continued. Periodic Review (UPR) process on Myanmar. Although Myanmar accepted over half of the BACKGROUND recommendations, it rejected key Despite calls for the introduction of a recommendations on the rights to freedom of universal basic income grant after a expression, of association and of peaceful successful pilot project, the government assembly, and the situation of the Rohingya.9 announced its intention to introduce food In July, the UN Committee on the Elimination banks in urban and peri-urban areas, failing of Discrimination against Women raised to address widespread extreme poverty in concerns about discriminatory laws, barriers rural areas. to justice for women and girls, and their under-representation in the peace process.10 CAPRIVI DETAINEES There was still no agreement to establish Forty-two released Caprivi detainees – an Office of the UN High Commissioner for accused of treason after their arrests in 1999 Human Rights in Myanmar. and acquitted between 2013 and 2015 – continued to live in fear after facing threats and intimidation. On 17 May, they were 1. “We are at breaking point”: Rohingya – Persecuted in Myanmar, neglected in Bangladesh (ASA 15/5362/2016) notified that the Prosecutor General would 2. Myanmar: Investigate violent destruction of mosque buildings (News appeal against their acquittals. story, 24 June) The Vice Chairperson of the Caprivi 3. Myanmar: Lift restrictions immediately on humanitarian aid (News Concerned Group (CCG), Retief Kangongo, story, 24 October) went missing on 30 April following alleged 4. Myanmar: Continue efforts to release all remaining prisoners of threats by the Inspector General of the conscience (ASA 16/3981/2016) Namibian police. The CCG supported the 5. New expression meets old repression: Ending the cycle of political acquitted detainees. Retief Kangongo arrests and imprisonment in Myanmar (ASA 16/3430/2016) reportedly sought asylum in Botswana. 6. Myanmar: Open letter on amending the Peaceful Assembly and In August, the Supreme Court ruled in Peaceful Procession Act (ASA 16/4024/2016) favour of Boster Mubuyaeta Samuele, one of 7. Myanmar: Scrap or amend new law that could grant immunity to the Caprivi detainees. He had fled to former president (News story, 28 January) Bostwana, and, in December 2002, he was 8. Myanmar: Why a UNGA resolution is still needed (ASA 16/4745/2016) abducted by Namibian security forces in 9. Myanmar: Amnesty International calls on Myanmar to protect the Botswana and brought to Namibia to face rights of Rohingya and to release all prisoners of conscience (ASA trial. He then spent 13 years in prison. Boster 16/3670/2016) Mubuyaeta Samuele successfully argued that 10. Myanmar: Briefing to the UN Committee on the Elimination of the Namibian courts had no jurisdiction to Discrimination against Women (ASA 16/4240/2016) prosecute him since Namibian officials had violated international law when he was NAMIBIA abducted and arbitrarily detained. FREEDOM OF EXPRESSION Republic of Namibia On 15 April, two Japanese journalists Head of state and government: Hage Gottfried Geingob employed by Japan’s television group Asahi were briefly detained by Namibian security Detainees acquitted after the long-running forces soon after interviewing the Deputy Caprivi treason trial lived in fear of being Prime Minister Netumbo Nandi-Ndaitwah at rearrested after the Prosecutor General the Hosea Kutako International Airport. The decided to appeal against the court ruling. journalists interviewed the Deputy Prime There was a high incidence of gender-based Minister in connection with a munitions violence, including rape, against women factory being built by nationals of the

Amnesty International Report 2016/17 267 Democratic People’s Republic of Korea abortions carried out by medical (North Korea) in Namibia. Their cameras and professionals and criminalized marital rape. laptops were confiscated by Namibian The authorities took no steps to implement security forces. the law to protect women and girls from gender-based violence or to ensure their VIOLENCE AGAINST WOMEN AND GIRLS access to sexual and reproductive health Gender-based violence, including rape, information and services, particularly against women and girls continued at a high affecting those in remote locations and/or in rate as the government failed to address the marginalized communities. problem adequately. The Act criminalized the buying and For example, on 20 June, Janet Haoes selling of sex, impeding sex workers’ access was strangled with electric wire, stabbed to sexual and reproductive health information several times and hit with a hammer by her and services and making them vulnerable to partner in the Otjomuise suburb of the exploitation, abuse, violence and other capital, Windhoek. On 26 August, the body of crimes. It also adversely impacted HIV Rosina Gaoses, who was pregnant, was treatment and prevention. found in the riverbed in the Dolam suburb of Windhoek. The body showed signs that she FREEDOM OF MOVEMENT had been raped before being murdered. In September, new laws granted the Foreign Although the Namibian police initiated Ministry powers to cancel passports without some investigations into cases of gender- court review. Twenty Nauruans claimed that based violence, efforts to eradicate violence the Ministry cancelled their passports. They against women and girls remained included opposition MPs who were inadequate. suspended after being charged in 2015 in connection with a pro-democracy rally in 2014. In September, Sprent Dabwido, former MP, was prevented from leaving Nauru for NAURU medical care. The government later reversed Republic of Nauru the decision. Roland Kun, a former MP, had Head of state and government: Baron Waqa his passport confiscated in 2015 after he was charged in connection with speaking to foreign media and protests against the The Crimes Act 2016 contained provisions government. He was granted a New Zealand to protect human rights but was passport and fled Nauru in July. inadequately implemented. Concerns about the denial of the rights to freedom of REFUGEES AND ASYLUM-SEEKERS expression and of peaceful assembly, There were around 1,200 refugees and freedom of movement and access to the asylum-seekers remaining in Nauru. As of 30 country for foreign media persisted. November, there were 383 in the Australian- Passports of several former MPs were run Regional Processing Centre (RPC), of suspended. Nauru continued to hold whom 44 were children, 49 women and 290 hundreds of refugees and asylum-seekers in men (see Australia entry). There were around a centre while others were placed in the 800 refugees living in the community. community under its transfer agreement There was evidence that children were with Australia. The death penalty was assaulted by staff working for companies repealed for all crimes in May. hired by the Australian government to run the RCP and by private individuals. Health care SEXUAL AND REPRODUCTIVE RIGHTS was inadequate and many children were not The Crimes Act 2016, which came into force attending school. Reports of attempted in May, decriminalized same-sex relations, suicide and self-harm were commonplace.

268 Amnesty International Report 2016/17 Omid Masoumali, an Iranian refugee, died a new government policy regulating the after setting himself on fire in April. The sector. Discrimination on the basis of authorities failed to protect refugees and gender, caste, class, ethnic origin, sexual asylum-seekers from continued physical and orientation, gender identity and religion verbal attacks by the community, as well as persisted. Women and girls were not arbitrary arrest and detention. The conditions adequately protected against gender-based amounted to torture and caused severe violence. psychological harm.1 In August, the UK newspaper The RIGHT TO ADEQUATE HOUSING Guardian published over 2,000 leaked Hundreds of thousands of people affected by incident reports (known as the “Nauru Files”) the April 2015 earthquake continued to live which had been recorded by staff employed in temporary shelters. The National at the RPC. The files documented incidents Reconstruction Authority began work in including physical and sexual abuse of January and reconstruction officially started refugees and asylum-seekers, including in April. By December, detailed housing children, in Nauru, as well as cases of damage assessments were completed for 11 hunger strikes, self-harm and medical of the 14 worst affected districts. Grant emergencies. distributions to enable people to reconstruct In November, the Australian government their houses were delayed and people announced that some of the refugees affected expected to endure another cold detained in Nauru and Papua New Guinea’s season lacking basic shelter and other Manus Island would be resettled in the USA essential services. In September, Prime (see Papua New Guinea entry). Minister Dahal announced a grant increase from around US$1,850 to 2,800 which was approved by the cabinet in late December. 1. Island of despair: Australia’s “processing” of refugees on Nauru (ASA 12/4934/2016) In July the UN Committee on the Rights of the Child expressed concern about the earthquake’s impact on children’s rights and the number of displaced children living in NEPAL camps for internally displaced people or informal settlements, without adequate Federal Democratic Republic of Nepal access to food, safe drinking water, Head of state: Bidhya Devi Bhandari Head of government: Pushpa Kamal Dahal (replaced sanitation, health care or education. Khadga Prasad Sharma Oli in August) EXCESSIVE USE OF FORCE The use of torture and unnecessary or Tens of thousands of people continued to excessive force against protesters in the Tarai be denied the right to adequate housing region were not effectively investigated. and other human rights following the 2015 Madhesi and other marginalized groups in earthquake. Marginalized groups expressed the Tarai continued to protest against the dissatisfaction with constitutional 2015 Constitution and its January amendments, on the grounds that they did amendments which, they claimed, not address discriminatory clauses. The use discriminated against them and denied them of torture and unnecessary or excessive fair political representation. Protesters force against protesters in the Tarai region blocked border crossings with India resulting were not effectively investigated. There was in severe shortages of fuel, food, medicine little progress on justice for the grave and construction materials. human rights violations committed during In August, an official commission to the armed conflict. Migrant workers were investigate incidents of excessive force by exploited by recruitment companies despite security forces in the Tarai during these

Amnesty International Report 2016/17 269 protests which resulted in the killing of 27 on the second charge, as the jury had been men, four women and six children, and other unable to reach a verdict. incidents, was established but made little progress. IMPUNITY In May, the ruling Communist Party of Nepal MIGRANT WORKERS’ RIGHTS Unified Marxist Leninist and the Communist The recruitment industry continued to be Party of Nepal (Maoist Centre) agreed an poorly regulated and allowed for the amnesty for perpetrators of human rights widespread abuse of migrants’ rights. abuses during the conflict. In July, the Subjected to extortionate recruitment fees, Communist Party of Nepal (Maoist Centre) Nepalese working abroad were exposed to and the Nepali Congress agreed to form a debt bondage, labour trafficking and forced coalition government with an understanding labour. The abuse of migrants in destination that the Commission on Truth and countries was facilitated by, on the one hand, Reconciliation (TRC) and the Commission on restrictive labour migration laws and, on the Investigation of Enforced Disappeared other hand, poorly implemented laws. There Persons (CIEDP) would focus on were few investigations into or prosecutions reconciliation and compensation, and not of local agents and private agencies for prioritize criminal prosecutions for past such abuses. human rights violations. Labour migration law and policy were The 2014 Truth and Reconciliation ineffective, and there was little improvement Commission Act retained language which in protection mechanisms for migrant allowed amnesties for serious crimes under workers. The government’s no-fee international law, despite the Supreme recruitment system largely failed because it Court’s ruling against these provisions in was inadequately implemented or monitored. 2015. The government did not amend the As a result of age restrictions placed on law. The TRC and the CIEDP began women migrant workers, women frequently registering complaints in mid-April, 14 turned to informal channels to undertake months after their establishment. Officials of foreign employment which left them both commissions raised concerns about susceptible to human trafficking. government delays and non-co-operation, lack of resources and unrealistically short TORTURE AND OTHER ILL-TREATMENT deadlines for filing cases. Torture in police custody continued, particularly during pre-trial detention to FREEDOM OF EXPRESSION extract confessions and intimidate people. In April, the office of Prime Minister Oli In September, the Torture and Cruel, summoned commissioners of the National Inhuman or Degrading Treatment (Control) Human Rights Commission for questioning Bill was tabled before Parliament but had not about a statement they made while Nepal been adopted by the end of the year. It was being examined under the UN Universal contained provisions that did not meet Periodic Review (UPR) process. international human rights standards, such In May, Kanak Dixit, a journalist and as an overly narrow definition of torture and a activist, was arrested by the Commission for 90-day time limit for registering complaints. the Investigation of Abuse of Authority on In February, Kumar Lama, a Nepal Army corruption charges. Ten days after his arrest, Colonel, was tried by a UK court under the the Supreme Court ruled that his detention universal jurisdiction principle on two charges was illegal and ordered his release. Kanak of torture committed in Nepal. He was Dixit said his arrest was an attempt to silence acquitted of one charge in July and released his critical views. In the same month, in September after the prosecuting Canadian national residing in Nepal, Robert authorities decided not to proceed to a retrial Penner, was arrested and deported for

270 Amnesty International Report 2016/17 sowing “social discord” in social media. placed in solitary confinement as a punitive During the year, Madhesi activist Chandra measure for “disturbing public order” during Kant Raut and several supporters faced the evacuation. multiple sedition charges for peacefully In October, a draft law regulating expressing political opinions. immigration detention was tabled before Parliament. It offered minor improvements, DISCRIMINATION but major concerns remained as irregular Discrimination on the basis of gender, caste, migrants could be deprived of their liberty for class, ethnic origin, sexual orientation, a wide range of reasons. The punitive gender identity and religion persisted. character of the detention regime also Constitutional amendments did not guarantee remained in place. Furthermore, the draft law equal rights to citizenship for women, or included powers to hold migrants in a cell for provide protection from discrimination to at least 16 hours a day. marginalized communities, including Dalits and lesbian, gay, bisexual, transgender and RIGHT TO AN ADEQUATE STANDARD intersex people. OF LIVING The law criminalizing rape was amended The authorities remained unwilling to so that the statute of limitations on reporting implement the recommendation by the the crime was raised from 35 to 180 days European Committee of Social Rights that all rather than being abolished altogether as people, including irregular migrants, should required by human rights standards. Gender- have unconditional access to shelter and based discrimination continued to undermine other basic necessities. women's and girls’ rights to control their sexuality and make informed choices related DISCRIMINATION to reproduction; challenge early and forced Ethnic profiling by police marriages; and enjoy adequate antenatal and Ethnic profiling by the police continued to be maternal health care. Women continued to a matter of serious concern. While the face domestic violence, including marital authorities acknowledged the damaging rape. Women from marginalized groups, effects of ethnic profiling, they failed to including Dalits and Indigenous women, formulate a comprehensive plan for the fair remained at greater risk of intersecting forms and effective use of stop-and-search powers. of discrimination. The police also continued to refuse to systematically monitor and record stop-and- search operations, making it difficult to assess whether measures to combat ethnic NETHERLANDS profiling, such as training, diversity Kingdom of the Netherlands management and dialogue with communities, Head of state: King Willem-Alexander were effective in reducing discrimination. Head of government: Mark Rutte Partial ban on face-covering Irregular migrants continued to be routinely A government proposal for a ban on face- deprived of their liberty and the government covering attire in certain spaces, such as still did not adequately consider alternatives public transport and public educational and to detention. Ethnic profiling by the police health care institutions, passed the House of continued to be a matter of serious Representatives in November but was still concern. pending before the Senate. The ban would restrict the rights to freedom of religion and of REFUGEES’ AND MIGRANTS’ RIGHTS expression, particularly of Muslim women. Following a fire in a detention facility in Rotterdam on 25 May, several migrants were

Amnesty International Report 2016/17 271 COUNTER-TERROR AND SECURITY NEW ZEALAND In May, the House of Representatives passed two controversial administrative counter- New Zealand terrorism bills, which were likely to be Head of state: Queen Elizabeth II, represented by debated by the Senate in early 2017. If Patricia Lee Reddy (replaced Jerry Mateparae in enacted, the laws would enable the Minister September) of Security and Justice to impose Head of government: Bill English (replaced John Key in administrative control measures on December) individuals, including travel bans, based on indications that they may pose a future New Zealand received criticism from the terrorist risk. It would also allow for the UN Human Rights Committee and revocation of Dutch nationality of dual Committee on the Rights of the Child for its citizens who have travelled abroad to join a high rates of Indigenous Māori foreign terrorist group and are believed to incarceration, child poverty and domestic pose a risk to national security. The violence. The state’s refugee resettlement procedures to appeal the imposition of the quota was marginally increased. measures lacked effective safeguards. In October, a draft law on the Intelligence JUSTICE SYSTEM and Security Services was presented to Rates of Māori representation among those Parliament. If enacted, the law would facing the criminal justice system remained legitimize sweeping surveillance powers for disproportionately high. An Ombudsman the intelligence and security services, investigation was launched into the potentially leading to violations of the right to circumstances in which an intellectually privacy, the right to freedom of expression disabled man was held in a health facility for and the right to non-discrimination. The draft five years, often in isolation, in conditions law provides insufficient safeguards against amounting to cruel, inhuman or degrading abuse of powers by the intelligence and treatment. The government announced that it security services, and there are serious was considering a formal extradition treaty concerns that communications could be with China, where criminal suspects could be shared with other countries where the at risk of serious human rights violations. information could be used for human rights violations. REFUGEES AND ASYLUM-SEEKERS The government announced plans to HUMAN RIGHTS DEFENDERS increase the annual refugee resettlement Since February, Nada Kiswanson, a human quota from 750 to 1,000 by 2018. As of rights lawyer based in The Hague, March, two refugees were held in detention representing the Palestinian NGO Al-Haq, facilities alongside remand detainees. The has been the subject of ongoing threats in Human Rights Committee expressed response to her work at the International concerns over disparities in the quality of Criminal Court. She has received several services provided to refugees who arrived death threats and been subjected to under the humanitarian quota system and interference of her communications, other categories of refugees. In June, New intimidation, harassment and defamation. Zealand publicly reiterated the agreement to However, only in April did the Dutch annually resettle 150 refugees from Nauru authorities take specific measures to protect and Manus. The agreement was made in her and launch an investigation. 2013 with the Australian government but Australia has since refused to carry out the deal.

272 Amnesty International Report 2016/17 communities denounced violations of their VIOLENCE AGAINST WOMEN AND GIRLS rights to consultation and free, prior and Sexual and other physical violence against informed consent in the context of the women and girls remained high, despite wide development of the Grand Interoceanic recognition of the problem and efforts to Canal. Communities and human rights address it. The Human Rights Committee organizations expressed concern at the expressed concern about low rates of potential negative impact of the Canal on reporting and prosecution of perpetrators. An their lives. A total abortion ban remained in overhaul of domestic violence laws was place. announced. After years of insufficient funding, the government announced NZ$46 BACKGROUND million (US$33 million) will be provided to In November, Daniel Ortega of the Sandinista support services for victims of sexual Front for National Liberation (FSLN) was re- violence. elected President for a third consecutive term. Rosario Murillo, his wife, was elected CHILDREN’S RIGHTS Vice-President for the first time. According to The 2016 Technical Report on Child Poverty media reports, the FSLN also increased their found that nearly one in three New Zealand representation in the Congress. children live below the poverty line. The Human Rights Committee expressed concern WOMEN’S RIGHTS about the significant number of children Impunity for gender-based violence against suffering physical and psychological abuse women persisted. A local observatory run by and neglect. The government announced the women’s rights organizations reported that creation of a Ministry for Vulnerable Children, between January and October there had to be implemented in 2017. been 44 gender-based killings of women, 30 of which remained unprosecuted. LEGAL, CONSTITUTIONAL OR Women living in poverty continued to be INSTITUTIONAL DEVELOPMENTS the main victims of maternal mortality, and By the end of the year, the government had Nicaragua had one of the highest teenage still not formally responded to pregnancy rates in the Americas region. recommendations by the 2013 Constitutional Abortion was banned in all circumstances, Advisory Panel to improve the Bill of Rights even when vital to save the woman’s life. Act 1990. Economic, social and cultural rights continued to lack full protection in GRAND INTEROCEANIC CANAL domestic legislation, as recommended by the The proposal to build the Grand Interoceanic Advisory Panel. Canal continued to generate controversy, with civil society organizations reporting a number of potential human rights violations linked to the project. According to local organizations, NICARAGUA if built, the Canal would lead to the eviction of Republic of Nicaragua tens of thousands of people and would Head of state and government: Daniel Ortega Saavedra directly affect the livelihoods of peasant farmer communities, Indigenous Peoples and others. Conflict over land in the North Atlantic In April, members of the National Council Autonomous Region sparked violent attacks for the Defence of the Land, Lake and against Miskitu Indigenous Peoples. Human National Sovereignty presented the National rights defenders continued to experience Assembly’s First Secretary a citizen- threats and intimidation because of their sponsored bill supported by nearly 7,000 work. Indigenous and Afro-descendant signatories calling for the repeal of the law

Amnesty International Report 2016/17 273 regulating the Canal. Also in April, the In June, six foreign environmental activists proposal was rejected on grounds of lack of were detained and expelled from the country. competence.1 The issue was referred to the In the same context, several community Supreme Court and a decision was pending members, who had publicly expressed their at the end of the year.2 concerns about the Grand Interoceanic In February, leaders from affected Canal's impact on their livelihoods, were Indigenous and Afro-descendant Rama-Kriol briefly detained. communities brought their case before a In August, the Inter-American Commission national court. They stated that officials had on Human Rights granted precautionary pressured communities to give consent to the measures in favour of human rights project. According to the appeal, 52% of the defenders at the Centre for Justice and Canal’s route would affect Indigenous and Human Rights of the Atlantic Coast of Afro-descendant Rama-Kriol communities.3 Nicaragua. According to the Commission, the In May, authorities from the RamaKriol defenders had stated that they had received community brought an action before a Court death threats because of their work on of Appeal. The communal authorities alleged Indigenous rights. that the agreement of prior, free and In October, the Inter-American Court of informed consent for the implementation of Human Rights held a hearing in the case of the Grand Interoceanic Canal had been Acosta et al. v Nicaragua. According to his signed without an effective consultation family, Francisco García, who was killed in process. In June, the Court of Appeal 2002, was targeted because of his wife's declared the petition inadmissible. In July, human rights work as director of the Centre community leaders and authorities filed for Legal Assistance for Indigenous Peoples. another appeal with the Supreme Court; a His relatives allege that the state failed to decision was pending at the end of the year.4 diligently investigate the attack. In addition, the Co-ordinator of the INDIGENOUS PEOPLES’ RIGHTS National Council for the Defence of the Land, Violence flared in the North Atlantic Lake and National Sovereignty, reported Autonomous Region. Indigenous Miskitu intimidation and harassment against her and Peoples were threatened, attacked, subjected her family. She had actively denounced the to sexual violence, killed and forcibly potential impact of the Grand Interoceanic displaced by non-Indigenous settlers. Canal on Nicaraguan peasant farmer Against this background of territorial communities. conflict and a lack of effective protection measures from the state, the Inter-American 1. Nicaragua: The state must guarantee the security and integrity of Commission on Human Rights granted communities peacefully demonstrating their concerns over precautionary measures in favour of Miskitu construction of the Canal (AMR 43/3887/2016) Peoples. In addition, in September the Inter- 2. Nicaragua: Authorities must listen to those expressing concern over American Court of Human Rights ordered the the Grand Interoceanic Canal (AMR 43/4744/2016) state to immediately adopt all necessary 3. Nicaragua side-lines local communities over multi-billion dollar measures to end the current violence and canal (News story, 9 February 2016) guarantee respect of the right to life, personal 4. Nicaragua: El Estado nicaragüense no debe ignorar a las and territorial integrity and cultural identity. comunidades indígenas y afrodescendientes que demandan el respeto a sus derechos (AMR 43/4919/2016) HUMAN RIGHTS DEFENDERS In June, a shelter run by the Civil Foundation for Support to Women Victims of Violence was raided. There was no evidence of a serious attempt by the authorities to investigate the incident.

274 Amnesty International Report 2016/17 more than 50 attacks in the Diffa region in NIGER 2016. Other armed groups were active in western Republic of Niger areas bordering Mali. In October, an Head of state: Mahamadou Issoufou unidentified group attacked the refugee Head of government: Brigi Rafini camp of Tazalit, Tahoua region; and a US aid worker was abducted in Abalak, Tahoua Armed conflict continued, particularly in region. On 17 October, a group calling itself the southeastern region of Diffa where most Islamic State attacked the high-security attacks were carried out by the armed group detention centre in Koutoukalé, near Niamey, Boko Haram. Over 300,000 people needed Tillabériregion. humanitarian aid as a result of the conflict and the continuing state of emergency in INTERNALLY DISPLACED PEOPLE the Diffa region. Over 1,400 suspected More than 300,000 displaced people needed Boko Haram members were in prison, most humanitarian assistance in the Diffa region held in lengthy pre-trial detention in poor by the end of the year, according to the UN conditions and at risk of torture. The rights Office for the Coordination of Humanitarian of refugees and migrants travelling through Affairs (OCHA). This included more than Niger were violated. 184,000 internally displaced people from Niger, 29,000 returning Niger nationals and BACKGROUND 88,000 Nigerian refugees. Many lived in President Issoufou was re-elected in March harsh conditions in makeshift camps. after an election that was boycotted by the Insecurity impeded access to basic main opposition parties. His principal commodities and services, including food, opponent, Hama Amadou, was in detention water and education, and the continuing during the election charged with complicity in state of emergency hampered economic kidnapping; he was released shortly after the activity. election. Niger was examined under the UN REFUGEES’ AND MIGRANTS’ RIGHTS Universal Periodic Review (UPR) process Niger hosted more than 60,000 refugees and accepted almost all of the from Mali in the Tillabériand Tahoua regions, recommendations, including those relating to who also needed assistance. abolition of the death penalty, protection of The number of people transiting through human rights defenders, measures to Niger trying to reach Europe continued to eradicate traditional harmful practices such grow, with Agadez the principal transit hub as early and forced marriage and female for West Africans. In October, a survey by the genital mutilation, and guaranteeing the right International Organization for Migration to food. Niger rejected one recommendation reported that 70% of people arriving in Italy on ensuring participation of Indigenous by boat – many of whom had travelled Peoples in decision-making. through Niger – had been a victim of trafficking or exploitation, including ABUSES BY ARMED GROUPS thousands of women and girls forced into Civilians, including refugees from Nigeria, prostitution in Libya or Europe. Despite an continued to be affected by armed conflict, anti-trafficking law passed in 2015, there was most of it concentrated in the Diffa region. limited action to prevent trafficking in Niger. The exact number of civilian casualties could An undetermined number of people died not be determined; the UN estimated that at during dangerous journeys through the least 177 civilians had been killed since desert in Niger. In June, 14 adults and 20 February 2015. Boko Haram carried out children were found dead in the desert after

Amnesty International Report 2016/17 275 they left the town of Tahoua aiming to reach Algeria. ENFORCED DISAPPEARANCES In October, the UN Committee on Migrant The fate of eight people arrested by security Workers highlighted several concerns, forces in May 2015 remained unclarified. El including forced labour of migrant workers, Hadj Kannaï Kouliyi, Malam Bandama, Ari including children, particularly as domestic Kannai, Abor Madou, Awa Malloumi, El Hadj labour and in the mines. Katchouloumi, Mouché Ali Kou Lawan Dalla and El Hadji Bara were arrested in N'Guigmi, COUNTER-TERROR AND SECURITY Diffa region. The families’ request for More than 1,400 people accused of being information about their relatives’ whereabouts members of Boko Haram remained in were left unanswered. detention, many charged under Niger’s anti- terror law. Most had been arrested in the FREEDOM OF EXPRESSION Diffa region since 2013, although some had Some people were prosecuted for exercising been detained since 2012. Among them their right to freedom of expression. were Nigerians, including refugees from In June, Ousmane Moumouni, President areas affected by Boko Haram. The vast of Action for Democracy and Human Rights majority remained held in lengthy pre-trial in Niger, was given a six-month suspended detention. In June, the Prosecutor prison sentence for “plotting to change the responsible for terrorism cases said that most constitution” after posting a message on arrests followed denunciations, and that Facebook about Niger’s security situation insecurity and the state of emergency in Diffa following a Boko Haram attack. region had prevented effective investigations. Also in June, journalists Ali Soumana and In June, the authorities said that they Moussa Dodo were handed a three-month planned to extradite to Nigeria all adult suspended sentence for “putting pressure on Nigerian detainees to reduce prison the judiciary”. They had published in Le overcrowding and because Nigeria was better Courrier newspaper a list of people accused placed to investigate their nationals. The plan of trying to influence a national exam. The list was formally announced in September. included influential people such as the Torture and other ill-treatment remained President of the Constitutional Court. The widespread in Nigeria, particularly against journalists were prosecuted under the Penal people accused of supporting Boko Haram. Code, not the Press Law, which made the The authorities announced that the Code punishment harsher. of Criminal Procedure was to be amended to extend pre-charge detention in police custody (garde à vue) from 5 to 15 days, renewable for a further 15 days. NIGERIA Federal Republic of Nigeria PRISON CONDITIONS Head of state and government: Muhammadu Buhari Prison conditions remained poor despite steps taken to monitor them. The large number of people arrested for alleged links The conflict between the military and the with Boko Haram aggravated the problem. armed group Boko Haram continued and During the year, Koutoukalé detention centre generated a humanitarian crisis that held more than twice its capacity of 250 affected more than 14 million people. The detainees, including around 400 Boko security forces continued to commit serious Haram suspects. human rights violations including extrajudicial executions and enforced disappearances. The police and military continued to commit torture and other ill-

276 Amnesty International Report 2016/17 treatment. Conditions in military detention held in camps under armed guard by the were harsh. Communal violence occurred in Nigerian military and the Civilian Joint Task many parts of the country. Thousands of Force (CJTF), a state-sponsored civilian people were forcibly evicted from their militia formed to fight Boko Haram. Most of homes. the IDPs were not allowed to leave the camps and did not receive adequate food, water or ARMED CONFLICT medical care. Thousands of people have died Boko Haram in these camps due to severe malnutrition. In Boko Haram continued to commit war crimes June, in a guarded camp in Bama, Borno and crimes against humanity in the state, the NGO Médecins Sans Frontières northeast, affecting 14.8 million people. The reported over 1,200 bodies had been buried group continued to carry out attacks and within the past year. small-scale raids throughout the year. The Both the CJTF and the army were accused national and regional armed forces of sexually exploiting women in the IDP recaptured major towns from Boko Haram’s camps in exchange for money or food, or for control. allowing them to leave the camps. In its response to Boko Haram attacks, the military continued to carry out arbitrary ARBITRARY ARRESTS AND DETENTIONS arrests, detentions, ill-treatment and The military arbitrarily arrested thousands of extrajudicial executions of people suspected young men, women and children who fled to of being Boko Haram fighters − acts which the safety of recaptured towns, including amounted to war crimes and possible crimes Banki and Bama, Borno state. These arrests against humanity. were largely based on random profiling of In May, 737 men detained as Boko Haram men, especially young men, rather than on suspects by the army were transferred to the reasonable suspicion of having committed a prison in Maiduguri, capital of Borno state. recognizably criminal offence. In most cases, They were charged for being “incorrigible the arrests were made without adequate vagabonds”, which carried up to two years’ investigation. Other people were arbitrarily imprisonment and/or a fine. arrested as they attempted to flee from Boko In April, the Defence Ministry started Haram. Those detained by the military had Operation Safe Corridor to “rehabilitate no access to their families or lawyers and repentant and surrendered Boko Haram were not brought before a court. More than fighters” in a camp. 1,500 detainees were released throughout On 13 October, 21 Chibok schoolgirls the year. abducted in 2014 were released by Boko The mass arrests by the military of people Haram fighters following negotiations. One fleeing Boko Haram led to overcrowding in more girl was found in November; about 195 military detention facilities. At the military Chibok schoolgirls remained missing at the detention facility at Giwa barracks, end of the year. Maiduguri, cells were overcrowded. Diseases, dehydration and starvation was rife. At least INTERNALLY DISPLACED PEOPLE 240 detainees died during the year. Bodies There remained at least 2 million internally were secretly buried in Maiduguri’s cemetery displaced persons (IDPs) in northern Nigeria; by the Borno state environmental protection 80% of them lived in host communities, while agency staff. Among the dead were at least the remainder lived in camps. The camps in 29 children and babies, aged between Maiduguri remained overcrowded, with newborn and five years. inadequate access to food, clean water and At Giwa barracks, children under five were sanitation. detained in three overcrowded and insanitary In the so-called inaccessible territories in women’s cells, alongside at least 250 women Borno state, tens of thousands of IDPs were

Amnesty International Report 2016/17 277 and teenage girls per cell. Some children Their claims were based on a flawed oil spill were born in detention. investigation led by the oil companies rather than NOSDRA. LACK OF ACCOUNTABILITY There was continued lack of accountability Niger Delta for serious human rights violations committed In January, the armed group Niger Delta by security officers. No independent and Avengers began attacking and blowing up impartial investigations into crimes pipelines in the Niger Delta region. The committed by the military had taken place government responded by significantly despite the President’s repeated promises in increasing military presence in the region. May. Moreover, senior military officials alleged The activities of Niger Delta Avengers caused to have committed crimes under international oil production to slow down. law remained uninvestigated; Major General Ahmadu Mohammed was reinstated into the DEATH PENALTY army in January. He was in command of Three men were secretly executed on 23 operations when the military executed more December in Benin prison in Edo state. One than 640 detainees following a Boko Haram of them was sentenced to death by a military attack on the detention centre in Giwa tribunal in 1998, which meant he did not barracks on 14 March 2014. have a right to appeal. Judges continued to In its November preliminary report, the impose death sentences throughout the year. Office of the Prosecutor of the International On 4 May, the Senate resolved to enact a law Criminal Court (ICC) announced that it will prescribing the death penalty as the continue its analysis of any new allegations of punishment for kidnapping, following the rise crimes committed in Nigeria and its in abductions across the country. A number assessment of admissibility of the eight of states have either enacted or proposed potential cases identified in 2015, in order to similar laws. reach a decision on whether the criteria for opening an investigation are met. FREEDOM OF EXPRESSION – JOURNALISTS CORPORATE ACCOUNTABILITY The government arrested and detained, some In June, the government launched a without trial, at least 10 journalists and programme to clean up the contamination bloggers. caused by oil spills and restore the In August, Abubakar Usman, a prominent environment of the Ogoniland region in the blogger, was arrested in Abuja, the capital, by Niger Delta. There were hundreds of spills the anti-corruption agency Economic and during the year. Financial Crimes Commission and accused of The government continued to fail to hold contravening the Cyber Crimes Act. The oil companies to account, including Shell. It Commission did not point out the specific did not provide the oversight needed to provisions the blogger had contravened; he ensure that companies prevented spills, or was released without being charged. In responded to oil spills. The National Oil Spill September, Jamil Mabai, was arrested and Detection and Response Agency (NOSDRA) detained by the police for posting comments remained ineffective and certified areas as on Facebook and Twitter that were critical of clean that remained contaminated. the Katsina state government. In March, two Niger Delta communities In early September, the publisher Emenike affected by oil spills filed a new law suit Iroegbu was arrested in Uyo, Akwa Ibom against Shell in the UK courts. state, over alleged defamation. Oil companies continued to blame their On 5 September, Ahmed Salkida, a failure to prevent spills, or restore Nigerian journalist based in the United Arab contaminated areas, on sabotage and theft. Emirates, was declared wanted by the

278 Amnesty International Report 2016/17 military and later arrested by the state High School in Aba, in Abia state. Video security services on arrival in Nigeria. He was footage showed soldiers shooting at peaceful among three people arrested and briefly and unarmed IPOB members; at least 17 detained for alleged links to Boko Haram and people were killed and scores injured. for facilitating the release of a Boko Haram On 29 and 30 May, at least 60 people video on the abducted Chibok girls. He was were killed in a joint security operation later released; his passport remained carried out by the army, police, Department confiscated. of State Security (DSS) and navy. Pro-Biafra campaigners had gathered to celebrate FREEDOM OF ASSEMBLY Biafra Remembrance Day in Onitsha. No The security forces disrupted, in some cases investigation into these killings had been violently and with excessive use of force, initiated by the end of the year. peaceful protests and assemblies. On 6 September, police stopped members of the ENFORCED DISAPPEARANCES Bring Back Our Girls movement. They had On 3 April, Chijioke Mba was arrested and given notice of the protest and gathered detained by the anti-kidnapping unit of the peacefully outside the office and residence of police force in Enugu for belonging to an the President in Abuja to demand the release unlawful society. His family and lawyer had of the abducted Chibok girls. not seen him since May. On 22 September in Abuja, police fired On 16 August, Sunday Chucks Obasi was tear gas canisters to disperse a peaceful abducted from his home in Amuko Nnewi, protest by the Islamic Movement in Nigeria, Anambra state, by five armed men suspected resulting in some minor injuries. to be Nigerian security agents in a vehicle A number of supporters of Biafran with a government registration number plate. independence were in detention – many of Witnesses said he was injured during the them since late January – for attempting to incident. His whereabouts remained hold or participate in peaceful assemblies. unknown. On several occasions, security forces used excessive force against pro-Biafran activists TORTURE AND OTHER ILL-TREATMENT across southeastern Nigeria. The police and military continued to commit torture and other ill-treatment during the UNLAWFUL KILLINGS interrogation of suspects or detainees to The military was deployed in 30 out of extract information and confessions. The Nigeria’s 36 states and in the Federal Capital Special Anti-Robbery Squad (SARS) of the Territory of Abuja where they performed police frequently committed torture and other routine policing functions including ill-treatment during interrogations. responding to non-violent demonstrations. In September, the Inspector General of the The military deployment to police public police warned SARS against committing gatherings contributed to the number of torture and encouraged them to follow due extrajudicial executions and unlawful killings. process of law. Since January, in response to the continued On 18 May, Chibuike Edu died in police agitation by pro-Biafra campaigners, security custody after he was arrested for burglary forces arbitrarily arrested and killed at least and detained for two weeks by the SARS in 100 members and supporters of the group Enugu. The police authorities were Indigenous People of Biafra (IPOB). Some of investigating the incident; no one had been those arrested were subjected to enforced held accountable for his death at the end of disappearance. the year. On 9 February, soldiers and police officers The National Assembly was yet to pass shot at about 200 IPOB members who had into law the anti-torture bill which seeks to gathered for a prayer meeting at the National further prohibit and criminalize torture. In

Amnesty International Report 2016/17 279 June, it passed its first reading in the Senate. which rejected most of the Commission’s It had earlier been passed by the House of recommendations. Representatives and was revised by the On 22 September, the National Human Nigeria Law Reform Commission. The revised Rights Commission released a report version was to be debated at the Senate. indicting the IMN for provoking the clashes that led to the killings of IMN members and COMMUNAL VIOLENCE the military for the killings of IMN members. Inter-communal violence occurred in many On the same day, police blocked IMN parts of the country. Many incidents were protesters and fired tear gas canisters at linked to lingering clashes between members of the IMN during a protest to herdsmen and farming communities. demand the release of their leader. On 6 In February, at least 45 people were killed October, the Governor of Kaduna state in Agatu, Benue state, after attacks by declared the IMN an unlawful society. suspected herdsmen. In April, at least nine Following the declaration, members of the people were killed by suspected herdsmen in IMN were violently attacked in several states the Nimbo/Ukpabi community in Enugu across the country, including Kaduna, Kano, state. The community said they had warned Katsina and Plateau. Several IMN members the authorities about the pending attack but were also arrested and detained by the the security agencies failed to prevent it. Five military. people detained by the police over the killings were yet to be tried. HOUSING RIGHTS In May, at least two people were killed in Forced evictions of thousands of people from the Oke-Ako community, Ekiti state, by their homes impacting on a range of their suspected herdsmen. In response, in August, rights occurred in at least two states and in the state government enacted a law banning the Federal Capital Territory of Abuja. cattle on undesignated land in the state. In February, a Tribunal of Inquiry set up by the Lagos state government found that the FREEDOM OF ASSOCIATION government had failed to genuinely and Ibrahim El-Zakzaky, leader of the Islamic adequately consult, compensate and provide Movement of Nigeria (IMN), remained in promised resettlement to agricultural incommunicado detention without trial since communities who were forcibly evicted from his arrest in December 2015. Between 12 their homes and farmlands between 2006 and 14 December 2015, soldiers killed more and January 2016. than 350 protesters and supporters of IMN at Between 2 and 5 July, the Rivers state two sites in Zaria, Kaduna state. government forcibly evicted over 1,600 Hundreds of IMN members were arrested residents in Eagle Island claiming that this and continued to be held in detention was to tackle crime. facilities in Kaduna, Bauchi, Plateau and Following earlier forced evictions in March Kano states. and September, on 9 October the Governor of On 11 April, the Kaduna state authorities Lagos state announced plans to commence admitted to a Judicial Commission of Inquiry the demolition of all settlements along the that they had secretly buried 347 bodies in a state’s waterfronts. The justification was the mass grave two days after the December need to respond to kidnapping incidents in 2015 massacre. the state. There were no plans announced to On 15 July, the Commission presented its consult the communities prior to eviction. report to the state government indicting the On 15 October, hundreds of residents in Nigerian military for unlawful killings. In Ilubirin waterfront community were forcibly December, the Kaduna state government evicted from their homes. Between 9 and 10 published its white paper on the report, November, over 30,000 residents of Otodo Gbame, a waterfront community in Lagos

280 Amnesty International Report 2016/17 state, were forcibly evicted when state restrict access to asylum. This was in line authorities set fire to and demolished their with the Minister of Immigration and homes with a bulldozer. On 11 November, Integration’s aim of ensuring that Norway had hundreds of residents were forcibly evicted “the strictest refugee policy in Europe”. The from another nearby waterfront community, proposals included granting police at the Ebute Ikate, in Lagos state. border – rather than the Immigration Directorate and the Immigration Appeal WOMEN’S RIGHTS Board – the power to assess whether a In September, the Gender and Equal person is in need of international protection. Opportunities Bill to eliminate all forms of They also included severe restrictions on the discrimination against women passed its right to family reunification and the rights of second reading in the Senate. Although asylum-seeking children. The most restrictive Nigeria ratified the CEDAW in 1985, it was yet elements of the proposed legislation did not to domesticate the Convention as part of the pass; but the package approved by national law. Parliament in June, which began to be implemented in August, marked a significant RIGHTS OF LESBIAN, GAY, BISEXUAL, retrogression on Norway’s approach to TRANSGENDER AND INTERSEX PEOPLE international protection. The new provisions The law prohibiting samesex marriages included a requirement for refugees applying remained in force. Police continued to arrest for permanent residency to demonstrate LGBTI people. Men perceived to be gay were economic self-sufficiency for 12 months and attacked by mobs and were blackmailed and a “crisis mechanism” allowing expulsions at targeted for extortion. the border when faced with large numbers of arriving asylum-seekers. As of August, 84 CHILDREN’S RIGHTS children in families whose claims for asylum In May, Bayelsa state passed the Child Rights had been rejected were detained together Law bringing to 23 the number of states that with their adult family members at the have enacted the law. In addition, the State Trandum police immigration detention centre House of Assembly in Enugu state passed near Oslo Airport Gardermoen, pending the law in August; the Governor was yet to return to their country of origin. give his assent. In early December, 40 young male Afghan nationals, some of whom claimed to be under 18, were returned to Afghanistan as part of the government’s policy to return Afghan NORWAY asylum-seekers. Kingdom of Norway Head of state: King Harald V RIGHTS OF LESBIAN, GAY, BISEXUAL, Head of government: Erna Solberg TRANSGENDER AND INTERSEX PEOPLE In June, Parliament adopted a new law on The Immigration Law was amended to legal gender recognition, granting introduce significant restrictions on access transgender people aged 16 or older the right to asylum. A new law granting transgender to legal gender recognition on the basis of people the right to legal gender recognition self-identification. Children aged between six was passed. Serious concerns remained and 16 can apply for legal gender recognition about rape and other violence against with the consent of their parents or women. guardians. Violence motivated by discriminatory attitudes towards transgender REFUGEES AND ASYLUM-SEEKERS people was still not classified as a hate crime In April, the government tabled 40 in the Penal Code. amendments to the Immigration Law to

Amnesty International Report 2016/17 281 The authorities continued to restrict DISCRIMINATION – SEX WORKERS freedoms of expression and association, While selling sex was not illegal, sex workers arresting and detaining government critics remained subject to a high level of policing and human rights activists. Most were and penalization. Sex workers faced human released within days but some faced rights abuses such as physical and sexual prosecution and imprisonment, creating an violence including rape, exploitation and environment of self-censorship. Women harassment, and risked facing penalization if remained subject to discrimination in law they engaged with police. The enforcement of and in practice. Migrant workers were sex work, public nuisance and immigration exposed to exploitation and abuse. The laws to disrupt and prohibit sex work led to death penalty remained in force; no sex workers being subjected to forced executions were reported. eviction, police surveillance, fines, discrimination, loss of livelihood and BACKGROUND deportation.1 Oman accepted a number of recommendations following the UN VIOLENCE AGAINST WOMEN AND GIRLS Universal Periodic Review (UPR) of Oman’s Rape and other sexual violence against human rights record in 2015, but it rejected women and girls remains endemic. The legal others, including abolition of the death definition of rape in the Penal Code was not penalty and bringing freedoms of expression consent-based. Serious concerns remained and assembly in line with international about attrition rates in rape investigations and standards. prosecutions, and in the lack of gender In March, the UN Committee on the Rights sensitivity among lay judges in hearing rape of the Child urged Oman to cease cases. There was systemic failure to ensure harassment of human right defenders women’s rights to legal protection and engaged in children’s rights and to allow equality before the law. The number of rapes Omani women to pass on their nationality to reported to police increased by 12% from their children on an equal basis with Omani 2014 to 2015, according to police statistics men. published in May. In June, the UN CERD Committee expressed concern about government INTERNATIONAL JUSTICE restrictions on NGOs, racial discrimination On 24 June the Ministry of Justice ruled that and migrant workers’ rights. a 43-year-old Rwandan national accused of The government enacted a new Penal complicity in the 1994 genocide in Rwanda, Code in April as well as laws prohibiting whose appeal rights were exhausted, could money laundering and financing terrorism. be extradited to Rwanda. The extradition had In January, the authorities accepted the not been carried out by the end of the year. transfer of 10 detainees, all Yemeni nationals, from the US detention centre at Guantánamo Bay, Cuba. 1. The human cost of ‘crushing’ the market: Criminalization of sex work in Norway (EUR 36/4034/2016) FREEDOMS OF EXPRESSION AND ASSOCIATION The authorities restricted freedoms of OMAN expression and association. State Security personnel arrested and detained online and Sultanate of Oman print journalists, bloggers and others. Most Head of state and government: Sultan Qaboos bin Said Al Said were interrogated and then released without charge after several days but at least eight individuals were sentenced to prison terms

282 Amnesty International Report 2016/17 under vaguely worded public order, insult or national security provisions, for the peaceful MIGRANT WORKERS’ RIGHTS expression of their opinions. Migrant workers faced exploitation and Those sentenced included Hassan al- abuse. Domestic workers, mainly women Basham, a former diplomat, sentenced in from Asia and Africa, complained that February to three years’ imprisonment for employers to whom they were tied under the Facebook posts the authorities said insulted official kafala sponsorship system confiscated God and the Sultan; Naser al-Busaidi, whose their passports, forced them to work one-year prison sentence for criticizing excessive hours without time off, and denied officials was confirmed by the Nizwa Court of them their full wages and adequate food and Appeal in February; and Sayyid Abdullah al- living conditions. The kafala system does not Darouri, whose 18-month sentence on provide domestic workers with the sedition and public order charges imposed in protections available under the Labour Law. 2015 was reduced to six months in February. They remained vulnerable to abuse in the In May the authorities released former confines of private homes. parliamentarian Talib al-Ma’mari after the Sultan issued a pardon. He was serving a DEATH PENALTY four-year prison sentence imposed after an The death penalty remained in force for a unfair trial in 2014 in connection with a range of crimes. Amendments to the Penal demonstration to protect the environment. Code confirmed the use of firing squad as the In August, the authorities released Saeed method of execution. No executions were Jaddad, a blogger and prisoner of conscience reported. imprisoned following his convictions in September and November 2015.1 1. Oman: Further information: Omani prisoner of conscience released: In August, the authorities closed down Saeed Jaddad (MDE 20/4758/2016) Azamn newspaper and arrested and prosecuted the editor and two of its journalists after it published articles alleging corruption by the government and the PAKISTAN judiciary. Ibrahim al-Ma’mari, Azamn’s editor, Islamic Republic of Pakistan faced four charges, local news editor Zaher Head of state: Mamnoon Hussain al-‘Abri faced one charge and deputy editor Head of government: Muhammad Nawaz Sharif Yousef al-Haj faced six charges. Internal Security Service officers arrested another journalist, Hamoud al-Shukaily, for Facebook Armed groups continued to carry out posts criticizing the action taken against the targeted attacks against civilians, including Azamn journalists. In December an appeal government employees, which resulted in court overturned the ban on the newspaper, hundreds of casualties. Security forces, acquitted Zaher al-‘Abri, and reduced the particularly paramilitary Rangers in Karachi, sentences handed down to Ibrahim al- committed human rights violations with Ma’mari and Yousef al-Haj. almost total impunity. Executions continued, often after unfair trials. State WOMEN’S RIGHTS and non-state actors discriminated against Women faced discrimination in law and in religious minorities. Despite a new law in practice, being accorded lesser rights than Punjab to protect women from violence, so- men in both criminal law and in personal called “honour” crimes continued to be status or family law in relation to matters reported. Human rights defenders and such as divorce, child custody, inheritance media workers experienced threats, and passing their nationality on to their harassment and abuse from security forces children. and armed groups. Minorities continued to

Amnesty International Report 2016/17 283 face discrimination across a range of the 2014 army school attack in Peshawar, economic and social rights. Access to but this claim was contested.1 The army quality health care, particularly for poor and subsequently claimed to have apprehended rural women, remained limited. five “facilitators” of the attack. On 16 March, a bomb attack on a bus BACKGROUND carrying government employees in Peshawar Operation Zarb-e-Azb, the Pakistan military’s killed at least 15 people and severely injured offensive against non-state armed groups that 25.2 started in June 2014, continued in North On 8 August, a suicide bomb attack killed Waziristan and Khyber tribal agency. at least 63 people, mostly lawyers, and Significant levels of armed conflict and wounded more than 50 others at the Civil political violence continued, in particular in Hospital in Quetta, south-west Pakistan. the provinces of Khyber Pakhtunkhwa, the Mourners had gathered to accompany the Federally Administered Tribal Areas (FATA), body of Bilal Anwar Kasi, President of the Balochistan and Sindh. Balochistan Bar Association, who had been The National Commission for Human killed by gunmen earlier that day.3 Rights, set up in May 2015, continued to lack sufficient staff and other resources, despite POLICE AND SECURITY FORCES its budget finally being approved by Security forces including the Rangers, a Parliament. Concerns remained about the paramilitary force under the command of the Commission’s limited mandate with regard to Pakistan Army, perpetrated human rights investigation of cases of human rights violations such as arbitrary arrests, torture violations allegedly committed by state and other ill-treatment, and extrajudicial agencies. executions. Security laws and practices, and In late September, cross-border tension the absence of any independent mechanisms between Pakistan and India increased, with to investigate the security forces and hold both states accusing the other of human them accountable, allowed government rights violations at the UN Human Rights forces to commit such violations with near- Council. There were repeated violations by total impunity. Victims included members of both sides of the 2003 ceasefire, with political parties, in particular the Muttahida exchange of fire across the Line of Control. Qaumi Movement (MQM), and human rights India claimed to have carried out “surgical defenders. strikes” on militants in Pakistani- On 1 May, plainclothes police arrested administered Azad Kashmir, which Pakistan Aftab Ahmed, a senior MQM member. On 3 denied. May, after he was moved to Rangers custody, news of his death emerged, alongside ABUSES BY ARMED GROUPS photographs apparently showing wounds Armed groups continued to carry out attacks, sustained during torture.4 The Director- despite a government-mandated National General of the Rangers for Sindh publicly Action Plan to counter terrorism. The Plan acknowledged that Aftab Ahmed had been was implemented in the wake of a Taliban tortured in custody, but denied that his forces attack on an army school in Peshawar in were responsible for the death. According to December 2014 that killed at least 149 media reports, five Rangers soldiers were people, mostly children. suspended after an investigation ordered by On 20 January, armed attackers killed at the Chief of Army Staff, but no further least 30 people, mostly students and information was made public. teachers, in Bacha Khan University, By the end of the year little progress had Charsadda, northwest Pakistan. been made in the case of Dr Asim Hussain, a Responsibility was claimed by a Pakistani senior member of the Pakistan People’s Party Taliban commander who allegedly planned and a former federal minister who was

284 Amnesty International Report 2016/17 allegedly ill-treated and denied proper subjected to enforced disappearance, torture medical attention while in the custody of the and other ill-treatment, and at least two were Rangers in 2015. Asim Hussain had been reportedly under 18 when arrested. arrested on charges including for “being involved in offences relating to DISCRIMINATION – RELIGIOUS misappropriation of funds and for enhancing, MINORITIES supporting terrorism activities, and other State and non-state actors continued to criminal links/activities by using authority discriminate against religious minorities, both punishable under the Anti-Terrorism Act Muslim and non-Muslim, in law and practice. 1997”. Blasphemy laws remained in force and Security forces detained several political several new cases were registered, mostly in activists without trial during the year. Some of Punjab. The laws violated the rights to them continued to be at risk of torture and freedom of expression, thought, conscience other ill-treatment. and religion. Minorities, particularly Ahmadis, According to information published in Hazaras and Dalits, continued to face August by the Pakistan Commission of restricted access to employment, health care, Inquiry on Enforced Disappearances, 1,401 education and other basic services. out of more than 3,000 cases of Mumtaz Qadri, a security guard convicted disappearance had not yet been investigated of killing the Governor of Punjab in 2011 by the Commission. because he had criticized the blasphemy laws, was executed in February. His funeral DEATH PENALTY was attended by thousands of people and Since the December 2014 lifting of a six-year was followed by protests in the capital, moratorium on executions, more than 400 Islamabad, Lahore and Karachi where have been carried out. Some of those protesters damaged public property, attacked executed were juveniles at the time of the media stations and clashed with the police. offence or had a mental disability. Asia Noreen, a Christian woman Both civil and military courts imposed sentenced to death for blasphemy in 2010, death sentences, in many cases after unfair remained imprisoned in Sheikhupura. On 13 trials. Contrary to international law, the 28 October, the Supreme Court was scheduled offences carrying the death penalty included to hear her case in the ultimate stage of her non-lethal crimes. appeal process but adjourned it indefinitely. Armed groups attacked a park in Lahore MILITARY COURTS on 27 March, killing at least 70 people, many Military courts were given jurisdiction in 2015 of them children, and injuring many more. A to try all those accused of terrorism-related faction of the Pakistani Taliban, Jamaat-ul- offences, including civilians. By January Ahrar, claimed responsibility for the attack, 2016, the government had constituted 11 saying they had targeted Christians military courts to hear such cases. celebrating Easter. In August, the Supreme Court ruled for the first time on cases from these courts, VIOLENCE AGAINST WOMEN AND GIRLS upholding the verdicts and death sentences The Human Rights Commission of Pakistan imposed on 16 civilians. The Court ruled that recorded almost 3,000 cases of violence the appellants had not proved that the against women and girls, including murder, military violated their constitutional rights or rape and gang rape, sodomy, domestic failed to follow procedure. According to violence and kidnappings. lawyers, the accused were denied access to The Punjab Protection of Women against legal counsel of their choice, and to military Violence Act was passed by the Punjab court records when preparing their appeals. Provincial Assembly in February, despite Some of the accused were allegedly opposition from Islamic parties.

Amnesty International Report 2016/17 285 An amendment to the law on so-called was abducted in connection with their work. “honour-based” killings was introduced to The authorities generally failed to provide end impunity for such crimes, but allowed for adequate protection to media workers from the death penalty as a possible punishment attacks by non-state armed groups, security and for perpetrators to have their sentences forces, political activists and religious groups. lessened if they secure a pardon from the Of the 49 media workers murdered since victim’s family. It remained unclear how the 2001, only four caseshad resulted in a authorities will distinguish between an conviction by the end of 2016. In March, a “honour killing” and other murders, or what man convicted of murdering journalist Ayub standards of evidence would apply, or what Khattak in 2013 was sentenced to life penalties would ensue. Human rights NGOs imprisonment and a fine. and activists were concerned that the penalty Zeenat Shahzadi, a journalist abducted by imposed should not depend on whether or gunmen in August 2015 in Lahore, remained not the victim’s family had pardoned the forcibly disappeared. The Human Rights crime. According to the Human Rights Commission of Pakistan believed she had Commission of Pakistan, around 512 women been abducted by security forces. In October and girls, and 156 men and boys, were killed Cyril Almeida, assistant editor of Dawn in 2016 by relatives on so-called “honour” newspaper, was placed briefly on the Exit grounds. As many cases went unreported, or Control List, which prohibits certain people were falsely described as suicides or natural from leaving Pakistan. The Prime Minister’s deaths, the actual number was almost Office had objected to an article he wrote on certainly much higher. Qandeel Baloch, a tensions between the civilian government and social media celebrity, was drugged and the military. A few weeks later the authorities killed by her brother in July. He confessed to held the Minister for Information responsible murdering her for “dishonouring the Baloch for leaking the information that led to Cyril name”. Almeida’s news report. Child marriage remained a concern. In The Pakistan Electronic Media Regulatory January a bill to raise the legal minimum age Authority, the federal regulator of the of marriage to 18 for girls was withdrawn broadcast media, restricted media outputs by following pressure from the Council of Islamic issuing fines, threatening to cancel Ideology, who considered it “un-Islamic and broadcasting licences, and, in some cases, blasphemous”. threatening prosecutions. Self-censorship was routine as a result of these measures RIGHT TO HEALTH – WOMEN AND GIRLS and because of the fear of reprisals from the Access to quality health care, particularly for intelligence agencies and armed groups. poor and rural women, remained limited due A new law on cybercrimes – the to information, distance and cost barriers, as Prevention of Electronic Crimes Act – was well as to perceived norms concerning passed in August, giving the authorities broad women’s health and wellbeing. powers to surveil citizens and censor online expression. There were fears that it posed a FREEDOM OF EXPRESSION – risk to the right to freedom of expression, as JOURNALISTS well as the right to privacy and access Media workers continued to be harassed, to information. abducted and sometimes murdered. Those in FATA and Balochistan and those working HUMAN RIGHTS DEFENDERS on national security issues were particularly State and non-state actors continue to at risk. harass, threaten, detain and kill human rights According to the Pakistani Press defenders, especially in Balochistan, FATA Foundation, as of October, at least two media and Karachi. workers were killed, 16 were injured and one

286 Amnesty International Report 2016/17 On 8 May, the Pakistani Taliban shot dead their homes, and subjected refugees to prominent human rights activist and website arbitrary detention and harassment. editor Khurram Zaki in Karachi. A spokesman for a faction of the Pakistani Taliban said it WORKERS’ RIGHTS had killed him because of his campaign Despite the Bonded Labour System against Abdul Aziz, a cleric of the Red (Abolition) Act of 1992, bonded labour Mosque in Islamabad. practices continued, particularly in the brick On 16 January, Rangers personnel kiln and textile industries and among the arrested human rights defender Saeed scheduled castes (Dalits). Baloch, an advocate for fishing communities, in Karachi. Following national and 1. Pakistan: Armed attack on Bacha Khan University a potential war international pressure, he was presented in crime (News story, 20 January) court on 26 January and released on bail 2. Pakistan: Government must deliver justice for victims of Peshawar in August. bus bombing (News story, 16 March) According to eyewitnesses, human rights 3. Pakistan: Attack on Quetta hospital abhorrent disregard for the defender Wahid Baloch was abducted on 26 sanctity of life (News story, 8 August) July by masked men in plain clothes, 4. Pakistan: Investigation crucial after Karachi political activist tortured believed to be representatives of security and killed in custody (News story, 4 May) 5 forces in Karachi. He was released on 5. Pakistan: Human rights defender at risk of torture (ASA 5 December. 33/4580/2016) A policy was implemented from early 2016 requiring international NGOs to obtain government consent to raise funds and PALESTINE operate. In an increasingly hostile climate for human rights work, security forces harassed and intimidated several NGO staff. (STATE OF) In September, the Home Ministry shut State of Palestine down Taangh Wasaib, an NGO working for Head of state: Mahmoud Abbas women’s rights and against religious Head of government: Rami Hamdallah intolerance, stating that it was involved in “dubious activities”. The Palestinian authorities in the West REFUGEES AND ASYLUM-SEEKERS Bank and the Hamas de facto The legal status of the 1.4 million registered administration in the Gaza Strip both Afghan refugees became increasingly continued to restrict freedom of expression, precarious as hostility towards them including by arresting and detaining critics intensified and abuses, including physical and political opponents. They also attacks, escalated. The authorities estimated restricted the right to peaceful assembly that an additional 1 million unregistered and used excessive force to disperse some Afghan refugees were also living in the protests. Torture and other ill-treatment of country. detainees remained rife in both Gaza and Senior Pakistani officials threatened to the West Bank. Unfair trials of civilians expedite the forced return of all Afghan before military courts continued in Gaza; refugees. On 29 June, the authorities detainees were held without charge or trial extended the right of registered refugees to in the West Bank. Women and girls faced remain in Pakistan legally, but only until discrimination and violence. Courts in Gaza March 2017. continued to hand down death sentences Following the December 2014 attack on and Hamas carried out executions; no death the army public school in Peshawar, police sentences were imposed or executions targeted Afghan settlements, demolished carried out in the West Bank.

Amnesty International Report 2016/17 287 In March President Abbas approved the BACKGROUND National Insurance Law establishing for the Negotiations between Israel and the Palestine first time a state social security system for Liberation Organization, which was led by private sector workers and their families. The President Abbas, remained stalled despite new law covered issues such as pensions for international efforts to revive them. Continued the elderly and the disabled, and tension between Fatah and Hamas employment injury benefits for workers in the undermined the Palestinian national Palestinian private sector. Civil society consensus government formed in June 2014; organizations criticized the new law, arguing the Hamas de facto administration continued that it failed to provide minimum standards of to control Gaza. protection and social justice and could cause Gaza remained under an Israeli air, sea further marginalization of the most and land blockade, in force since June 2007. vulnerable. The continuing restrictions on imports of In April a presidential decree established a construction materials under the blockade, nine-judge Palestinian Supreme and funding shortages, contributed to severe Constitutional Court with supremacy over delays in reconstruction of homes and other other Palestinian courts, a move seen widely infrastructure damaged or destroyed in as an unprecedented example of executive recent armed conflicts. Continuing interference in the judiciary. In October, the restrictions on exports crippled the economy President of the High Judicial Council was and exacerbated widespread impoverishment removed from his position. He stated in a among Gaza’s 1.9 million inhabitants. The media interview that he had been forced to Egyptian authorities’ almost total closure of sign his resignation at the time of his the Rafah border crossing with Gaza inauguration. completed its isolation and compounded the In December, the President stripped five impact of the Israeli blockade. members of the Palestinian Legislative In June, Prime Minister Hamdallah said Council of their immunity, including his new municipal elections would be held on 8 political opponents, after a judgment by the October. However, the Palestinian High Court Supreme Constitutional Court allowing him to ruled in September that the elections should do so. The move was criticized by civil society be indefinitely suspended on the grounds organizations as undermining the rule of law that Israeli controls prevented the and separation of powers. participation of Palestinians in East Palestine ratified the Kampala Jerusalem and due to the illegality of local amendments to the Rome Statute on the courts in Gaza. Both Palestinian authorities crime of aggression in June. Representatives harassed and detained opposition candidates of the Office of the Prosecutor of the in the period before the court’s decision. International Criminal Court visited Israel and There was a marked rise in tension in the West Bank but did not travel to Gaza. Nablus, Jenin and other northern governorates of the West Bank where ARBITRARY ARRESTS AND DETENTIONS gunmen affiliated to Fatah clashed with the Security authorities in the West Bank, security forces resulting in some deaths. including Preventative Security and General Intelligence, and those in Gaza, particularly LEGAL, CONSTITUTIONAL OR the Internal Security Service, arbitrarily INSTITUTIONAL DEVELOPMENTS arrested and detained critics and supporters In February, President Abbas signed the of rival political organizations. In the West juvenile protection bill into law, paving the Bank, security forces used administrative way for the establishment in March of the detention by order of governors to hold West Bank’s first juvenile court in Ramallah. detainees without charge or trial for periods of up to several months.

288 Amnesty International Report 2016/17 included illegal possession of arms. Their trial UNFAIR TRIALS was ongoing at the end of the year. In both the West Bank and Gaza, authorities Ahmad Izzat Halaweh died in Jeneid failed to ensure adherence to basic due prison in Nablus on 23 August shortly after process rights, such as prompt access to being arrested. A national consensus legal counsel and the right to be charged or government spokesperson said security released. Palestinian security forces in the officials had severely beaten Ahmad Halaweh West Bank held detainees for long periods prior to his death. The authorities began an without trial on the orders of regional investigation headed by the Minister of governors, and delayed or failed to comply Justice. The investigation was continuing at with court orders for the release of detainees the end of the year. in dozens of cases. In Gaza, Hamas military courts continued to convict defendants, FREEDOMS OF EXPRESSION, including civilians, in unfair trials, sentencing ASSOCIATION AND ASSEMBLY some to death. The authorities in both the West Bank and Gaza severely curtailed rights to freedom of TORTURE AND OTHER ILL-TREATMENT expression, association and peaceful Torture and other ill-treatment of detainees assembly, harassing, arresting and detaining remained common and was committed with critics and supporters of their political rivals impunity by Palestinian police and other and forcibly dispersing protests, assaulting security forces in the West Bank, and Hamas journalists and others. police and other security forces in Gaza. In In the West Bank, police arrested both areas, the victims included children. university professor Abd al-Sattar Qassem in The Independent Commission for Human February after he criticized the Palestinian Rights, Palestine’s national human rights authorities on al-Quds TV, a Hamas-affiliated institution, reported receiving a total of 398 broadcaster. He was charged with incitement allegations of torture and other ill-treatment of and released on bail after five days in detainees between January and November; custody. 163 from the West Bank and 235 from Gaza. In Gaza, Internal Security Service officers The majority of complaints in both areas were briefly detained journalist Mohamed Ahmed against police. Neither the Palestine national Othman in September. He reported being consensus government nor the Hamas de subjected to torture and other ill-treatment in facto administration in Gaza independently an attempt to force him to reveal the source investigated torture allegations or held for a government document he had perpetrators to account. published. He was released the next day Basel al-Araj, Ali Dar al-Sheikh and three without charge. He was summoned again other men alleged that General Intelligence twice in the two days following his release. officers held them incommunicado and In February, a two-day walkout by West tortured and otherwise ill-treated them for Bank teachers complaining about low pay almost three weeks following their arrest on 9 escalated into several weeks of mass strikes April. They said officers beat them, forced and protests following heavy-handed them to remain in stress positions, and intervention by Palestinian security forces, deprived them of sleep, leading them to who set up roadblocks around Ramallah to launch a hunger strike protest on 28 August. prevent teachers joining demonstrations and Officers then subjected them to solitary arrested 22 teachers. Those arrested were confinement for the duration of their hunger subsequently released without charge. strikes. They were released on bail and Harassment of teachers continued at the end appeared before the Ramallah Magistrates’ of the year, targeting those organizing a new Court on 8 September on charges that union.

Amnesty International Report 2016/17 289 Bank did not hand down any death UNLAWFUL KILLINGS sentences during the year. Security forces in the West Bank killed at In May, members of the Change and least three men and injured others while Reform Bloc, the Hamas parliamentary group carrying out law enforcement activities. in Gaza, paved the way for the Gaza On 7 June, Adel Nasser Jaradat was killed authorities to execute prisoners whose by gunfire from West Bank security forces in sentences have not been ratified by the Silet al-Harethiya, a village northwest of Palestinian President, contrary to the Jenin. The authorities failed to hold those Palestinian Basic Law of 2003 and the 2001 responsible to account. Penal Procedure Law. On 19 August, security forces killed Fares Halawa and Khaled al-Aghbar in Nablus in unclear circumstances. Though the local authorities maintained they were killed in PAPUA NEW clashes, witnesses said they were alive and unarmed when the security forces seized GUINEA them. An investigation was continuing at the end of the year. Independent State of Papua New Guinea Head of state: Queen Elizabeth II, represented by In Gaza, the military wing of Hamas, the Michael Ogio ‘Izz al-Din al-Qassam Brigades, summarily Head of government: Peter Charles Paire O’Neill executed one of their members, Mahmoud Rushdi Ishteiwi, on 7 February after the group said its “Military and Shari’a The authorities failed to prevent widespread Judiciaries” had sentenced him for violence against children, women, sex “behavioural and moral excesses”. The workers, asylum-seekers and refugees. victim’s family said he had been detained Cases of violence were rarely prosecuted. incommunicado by the Brigades since 21 Cultural practices, including polygamy, January 2015. The Hamas de facto continued to undermine women’s rights. administration in Gaza took no steps to There was insufficient protection against investigate or bring the perpetrators of the torture or other ill-treatment. The police killing to justice. continued to use excessive force against protesters. Poverty remained endemic, WOMEN’S AND GIRLS' RIGHTS particularly in rural areas, despite economic Women and girls continued to face wealth generated by the mining industry. discrimination in law and in practice, and The death penalty was retained; no were inadequately protected against sexual executions had been carried out since and other violence, including so-called 1954. “honour” killings. Women and girls were reported to have been killed by male relatives FREEDOMS OF EXPRESSION AND in “honour” killings. PEACEFUL ASSEMBLY In February the Attorney General issued a Weeks of peaceful protests by students at the decision establishing a specialized University of Papua New Guinea against prosecution unit to investigate and prosecute alleged government corruption ended in cases of family violence and violence against violence on 8 June, when police fired shots women. and assaulted peaceful protesters. Thirty- eight people were injured and received DEATH PENALTY medical treatment, including two who The death penalty remained in force for suffered gunshot wounds. Although separate murder and other crimes. Courts in the West investigations were initiated by the police, the Ombudsman and a parliamentary committee,

290 Amnesty International Report 2016/17 the outcomes were not known at the end of Guinean governments to close the camps the year. immediately. Both camps remained open at the end of the year. VIOLENCE AGAINST WOMEN AND GIRLS Refugees and asylum-seekers filed a civil The government failed to address widespread court case seeking orders to force the camps’ sexual and gender-based violence in closure; for them to be returned to Australia; legislation or in practice. Cultural practices and for compensation for their unlawful were allowed to persist, including the custom detention. whereby wives are forced to repay a “bride A Sudanese refugee, Faysal Ishak Ahmed, price” to their husbands if they wish to died on 24 December, after being airlifted separate from him, placing women in abusive from one of the detention centres, to an marriages at greater risk. Women accused of Australian hospital, after a fall and a seizure. “sorcery” were subjected to violence from the Refugees in the centre said his health had community. deteriorated over months but he There was also limited psychosocial was not given adequate health care. support, women’s shelters or other services to There were continued reports of violence protect women from domestic violence. against refugees and asylum-seekers for which the perpetrators were rarely held to DISCRIMINATION – SEX WORKERS account. In April, two Papua New Guinean There were high levels of violence by state nationals employed in one of the detention and non-state actors against sex workers on centres were convicted of murdering asylum- grounds of their gender identity, sexual seeker Reza Berat in 2014 although others orientation or status as sex workers and as a allegedly involved were not prosecuted. result of legislation criminalizing sex work.1 In November, the Australian government Systemic gender inequality and announced that some of the refugees discrimination in education, employment and detained on Nauru (see Nauru entry) and in the community generally, forced many Manus Island would be resettled in the USA. women, including transgender women, and gay men into selling sex for a living. Police 1. Outlawed and abused: Criminalizing sex work in Papua New Guinea officers were responsible for violations against (ASA 34/4030/2016) sex workers, such as rape, physical assault, arbitrary arrest and detention and other ill- treatment. The criminalization of same-sex sexual relations as well as of sex work PARAGUAY continued to drive and compound violence Republic of Paraguay and discrimination against gay and Head of state and government: Horacio Manuel Cartes transgender people. It also led to Jara discrimination in the provision of health care and undermined the prevention and treatment of HIV. Figures on poverty reduction improved, although children and adolescents REFUGEES AND ASYLUM-SEEKERS continued to be those principally affected. As of 30 November, around 900 refugees Indigenous Peoples continued to be denied and asylum-seekers, all men, remained in their rights to land and to free, prior and two Australian-run detention centres on informed consent on projects affecting Papua New Guinea’s Manus Island (see them. Both Indigenous Peoples and Afro- Australia entry). In April, the Supreme Court Paraguayans faced racial discrimination. A held that their detention − for over three bill to eliminate all forms of discrimination years − was illegal and unconstitutional. It was pending approval at the end of the year. ordered the Australian and Papua New There were reports of violations of freedom

Amnesty International Report 2016/17 291 of expression and of the persecution of human rights defenders and journalists. INDIGENOUS PEOPLES’ RIGHTS Abortion remained criminalized and child In February, the Inter-American Commission and teenage pregnancies continued to be on Human Rights granted precautionary a concern. measures to Ayoreo Totobiegosode communities living in voluntary isolation, BACKGROUND calling on the Paraguayan government to In October a new Ombudsman was protect the communities from third parties appointed after a gap of seven years. seeking to access their ancestral lands. In October, the CERD Committee called on INTERNATIONAL SCRUTINY Paraguay to fully abide by these In January, Paraguay’s human rights record precautionary measures. was examined under the UN Universal In October, the Yakye Axa community Periodic Review (UPR) process. The Human remained without access to their lands Rights Council made a number of despite a ruling from the Inter-American recommendations, including urging Paraguay Court of Human Rights ordering the to approve a bill to eliminate all forms of government to construct an access route. discrimination on the basis of sexual The CERD Committee called on Paraguay to orientation and gender identity; to develop intensify efforts to effectively comply with the legal systems to prevent and punish violence Court’s judgment. against women and girls; to reinforce The case regarding the ownership of land protection of the rights of Indigenous expropriated from the Sawhoyamaxa Peoples; to protect the free exercise of community was still pending at the end of the freedom of the press, expression and year despite the fact that in June 2015 the opinion; and to address impunity for human Supreme Court of Justice had rejected the rights violations committed against human appeal brought by a livestock company to rights defenders and journalists. Paraguay stall the effects of a law passed to return the accepted all the recommendations except land to the community. those related to the decriminalization of In October, the CERD Committee urged abortion. Paraguay to take effective measures to In October the UN CERD Committee address problems related to access to food, issued its report and concluding observation drinking water, sanitation and child based on Paraguay’s fourth to sixth periodic malnutrition among Indigenous Peoples and reports. It made a number of Afro-Paraguayans living in rural areas. recommendations, including urging Paraguay to take affirmative action to overcome HOUSING RIGHTS – FORCED EVICTIONS systemic discrimination against Indigenous In September, members of the Senate filed a Peoples and Afro-Paraguayans. The complaint with the Attorney General over the Committee also highlighted weak state forced eviction of 200 families from the protection of rights to prior consultation and Guahory campesino (peasant farmer) Indigenous Peoples’ rights over their lands, community and the failure of the government territories and resources. to investigate the situation. In December, In November, the UN Special Rapporteur another eviction took place in this community on the right to food visited Paraguay and met during a dialogue process between Guahory with public authorities and members of civil members and representatives of the National society. She was due to present her report on Institute of Rural Development and Land, the visit in 2017. aimed at assessing information related to land tenure in the community. In September, human rights organizations reported the forced eviction of the Avá

292 Amnesty International Report 2016/17 Guaraní de Sauce community in connection 1991 was among the principal drivers behind with the Itaipu hydroelectric installation. the demand for increased protection. JUSTICE SYSTEM HUMAN RIGHTS DEFENDERS In July, the UN High Commissioner for Lawyer and human rights defender Julia Human Rights expressed concern over the Cabello Alonso was warned that she would be conviction of 11 campesinos in connection disbarred from the Bar Association of with a massacre in Curuguaty in 2012 that Paraguay and prevented from exercising her left 17 dead. There were reports of professional functions because of alleged irregularities during proceedings regarding non-compliance with professional ethics the right to an adequate defence and due when defending the restitution of Indigenous process. Peoples’ lands. In October, following a UPR In its October report, the CERD Committee recommendation, the Senate initiated recommended that Paraguay take steps to proceedings to create an independent strengthen the protection of human rights committee to investigate the massacre at defenders, including Indigenous leaders and Curuguaty in order to ensure access to those who defend Indigenous Peoples’ rights, justice for the victims and their relatives. against intimidation, threats and arbitrary actions by governmental officials. WOMEN’S AND GIRLS’ RIGHTS Similarly, the Human Rights Council In December, the Chamber of Deputies recommended that Paraguay combats issued Law 5.777 on comprehensive impunity for all violations against, including protection of women from all forms of killings of, human rights defenders, as well as violence. Femicide was recognized as a investigates allegations of abusive practices distinct criminal offence punishable by a by security and law enforcement forces minimum of 10 years’ imprisonment. A ban targeted at Indigenous People, and on requiring conciliation between victims of prosecutes those found responsible. violence and offenders was also approved. The law was due to enter into force after one year. Pregnancies among girls and young PERU teenagers were alarmingly high. In October, Republic of Peru the Centre for Documentation and Research Head of state and government: Pedro Pablo Kuczynski reported that there were on average between Godard (replaced Ollanta Moisés Humala Tasso in July) 500 and 700 pregnancies among girls aged between 10 and 14 each year. Similar There was a notable increase in violence concerns were raised in a UNFPA report, towards – and lack of protection of – Young Paraguay, which indicated that marginalized groups, particularly women pregnancy among this group had risen by and girls, Indigenous Peoples as well as over 62.6% in the last decade. The principal lesbian, gay, bisexual, transgender and causes were given as violence against intersex (LGBTI) people. The government women, social exclusion and macho culture. ratified the Arms Trade Treaty. FREEDOM OF EXPRESSION BACKGROUND In November a draft bill was presented to In June, Pedro Pablo Kuczynski Godard was establish protection mechanisms for elected President in the second round of journalists, media workers and human rights elections. defenders. The failure to investigate and Over 200 cases of social protest were prosecute the killings of 17 journalists since registered, around 70% of which were related to disputes between communities, extractive

Amnesty International Report 2016/17 293 companies and the government over the In September, the Bagua Criminal Court ownership, use and enjoyment of natural acquitted 53 accused Indigenous people, resources as well as the protection of the who had been charged with crimes including environment. killing 12 police officers in clashes with security forces in 2009. At the end of the HUMAN RIGHTS DEFENDERS year no state officials had been prosecuted Human rights defenders continued to be for their role in escalating the conflict. harassed, threatened and attacked in the context of social protests – especially those IMPUNITY related to land, territorial and environmental Some progress was made in the investigation issues. The police used excessive and of human rights violations committed during unnecessary force, including lethal weapons, the internal armed conflict (1980-2000). to repress protests. In October, Quintino In June, the Law on the Search of Cereceda died of a bullet wound to the head Disappeared Persons was enacted. when the police dispersed a protest against In July, the trial began of 11 military the mining project in Las Bambas, Apurímac personnel accused of sexual violence against region. rural women between 1984 and 1995 in On two occasions, Máxima Acuña and her Manta and Vilca, Huancavelica region. family were attacked and intimidated by In August, 10 military personnel were security personnel from the Yanacocha found guilty of the extrajudicial execution of mining company, who destroyed their crops. 69 people in Accomarca village in 1985. The company claimed it was exercising its There were 23 children among the victims. “possessory right to defence”. Máxima In September, three high-ranking officials Acuña, her family and another 48 activists were charged with having forcibly and peasant farmers from Cajamarca region disappeared two students and a teacher in were beneficiaries of precautionary measures 1993 in basements of the Military Intelligence granted in 2014 by the Inter-American Service headquarters. Commission on Human Rights to guarantee In October, the trial of 35 former marines their safety. began for the massacre in El Frontón prison in 1986, when 133 prisoners accused of INDIGENOUS PEOPLES’ RIGHTS terrorism were extrajudicially executed. The investigation into the deaths of four Asháninka leaders from Ucayali region who VIOLENCE AGAINST WOMEN AND GIRLS had allegedly been killed in 2014 by illegal Violence against women and girls continued; loggers had yet to be concluded by the end there were reports that 108 women had been of the year. The leaders had previously killed by their partners as well as reports of denounced the continuous illegal logging on 222 cases of attempted murder of women their territory. and girls. Most cases were not investigated or Throughout the year there were 13 oil resulted in suspended prison sentences. spills from the Northern Peruvian Pipeline, contaminating water and land belonging to Trafficking for sexual exploitation Indigenous Peoples in the Amazon basin. Women made up 80% of human trafficking Indigenous organizations in the affected victims; 56% of the victims were under 18 areas went on strike from September, years of age, with the majority trafficked for demanding that the government address sexual exploitation in mining areas. issues like the population’s health and In September, the Permanent Criminal reparations for damage to the environment. Chamber of the Supreme Court of Justice In December the Indigenous organizations ratified a judgment of acquittal in a human and the government signed an agreement on trafficking case involving a 15-year-old girl. the issue. The Chamber argued that working over 13

294 Amnesty International Report 2016/17 hours a day as an “escort” in a bar in an illegal mining operation did not constitute PHILIPPINES labour exploitation or sexual exploitation, as “the workload did not exhaust the worker”. Republic of the Philippines Head of state and government: Rodrigo Roa Duterte SEXUAL AND REPRODUCTIVE RIGHTS (replaced Benigno S. Aquino III in June) The rate of teenage pregnancy increased. In some regions of the Amazon it reached The government launched a campaign to 32.8% of girls and women between 15 and crackdown on drugs in which over 6,000 19 years of age; 60% of pregnancies among people were killed. Human rights defenders girls aged 12-16 resulted from rape. and journalists were also targeted and killed Forty-three cases of “risk to personal by unidentified gunmen and armed militia. safety” (cases of threats and intimidation) The use of unnecessary and excessive force and eight murders of LGBTI people were by police continued. In a landmark ruling registered by NGOs. However, a reform to the the courts convicted a police officer for Criminal Code which would have criminalized torture for the first time under the 2009 discrimination and attacks on the grounds of Anti-Torture Act. sexual orientation and gender identity failed to pass due to the change of government and BACKGROUND of Congress. In September, the Philippines accepted the In December, a bill that would recognize Chair of ASEAN for 2017. the gender of transgender people was In November, street protests took place presented in Parliament. after the body of former President Ferdinand In July, the Public Prosecutor’s Office Marcos, during whose presidency closed the investigation into the case of over widespread human rights violations were 2,000 Indigenous men and women who were committed, was re-buried in the Heroes allegedly forcibly sterilized in the 1990s. Only Cemetery, a move backed by the President. five health personnel were investigated for The Philippines was reviewed by the UN their role in the forced sterilization. Committee against Torture, the UN The registration of victims of forced Committee on Economic, Social and Cultural sterilization was initiated in five regions of the Rights (CESCR) and the UN Committee on country, and by the end of the year more the Elimination of Discrimination against than 2,000 victims were registered. Women (CEDAW). In August, a court of first instance in Lima, the capital, ordered the Ministry of Health to UNLAWFUL KILLINGS distribute emergency oral contraceptives free In June, the government launched a of charge. campaign to crackdown on drugs which led Abortion remained criminalized in almost to a wave of unlawful killings across the all cases, leading to clandestine and unsafe country, many of which may have amounted abortions. In October, several members of to extrajudicial executions.1 These killings Parliament presented draft legislation to followed the election of President Duterte, Congress to decriminalize abortion in cases who repeatedly and publicly endorsed the of sexual violence. arrest and killing of those suspected of using or selling drugs. No police officers or private individuals were known to have faced charges for over 6,000 deaths during the year. Witnesses and families of victims feared coming forward in case of reprisals. The majority of victims were reported to be young men, some of whom were suspected

Amnesty International Report 2016/17 295 of using or selling small amounts of expressed concern about torture by police methamphetamines. Victims included the and urged the Philippines to close all places Mayor of Albuera, Rolando Espinosa Senior, of secret detention where detainees, who was shot dead in his prison cell while including children, were subjected to torture being served a search warrant. President or other ill-treatment. Duterte had publicly branded the Mayor a leading drug dealer. Despite an investigation EXCESSIVE USE OF FORCE by the National Bureau of Investigations, The use of unnecessary and excessive force which recommended that charges be filed by police continued. In April, the police used against the police officers allegedly force, including firearms, to disperse over responsible, the President promised to 5,000 farmers who had blockaded a national protect the police. highway in Kidapawan City during a As a result of the so-called “war on drugs”, demonstration demanding rice subsidies. At at least 800,000 people reportedly least two people died during the incident and “surrendered” to the authorities in fear they dozens were injured.3 In July, the would be targeted on suspicion of drug- Commission on Human Rights of the related offences. Consequently, prisons were Philippines published a report which found severely overcrowded, exacerbating an that excessive and unjustified force had been already acute problem. used by the police during the incident but no Journalists remained at risk, with at least police officers were prosecuted for related three killed while carrying out their work. Alex offences by the end of the year. Balcoba, a crime reporter for the People’s In October, the police brutally suppressed Brigada, was killed when he was shot in the a rally organized by Indigenous Peoples’ head in May by an unidentified gunman in organizations in front of the US Embassy. The Quiapo in the capital Manila, outside his protest called for an end to militarization and family’s shop. Families of victims marked the encroachment onto ancestral lands. In seventh anniversary of the Maguindanao November, at least two people were injured massacre in which 32 journalists and another when a police van ran over demonstrators 26 people were killed. No one had been held who were protesting outside the US Embassy to account for these crimes by the end of the in Metro Manila. year. HUMAN RIGHTS DEFENDERS TORTURE AND OTHER ILL-TREATMENT In July, environmentalist Gloria Capitan was Reports of torture and other ill-treatment in killed by two gunmen in Mariveles, Bataan police custody continued. In March, police province. She was involved in opposing a officer Jerick Dee Jimenez was convicted of coal mining project in her community. In torturing bus driver Jerryme Corre, and October, the UN CESCR expressed concern sentenced to a maximum of two at the continuing harassment, enforced years and one month’s imprisonment. It was disappearances and killings of human rights the first conviction under the 2009 Anti- defenders, and the low level of investigations Torture Act. However, many other cases were into, and prosecutions and convictions for still awaiting justice.2 In July, a postmortem these crimes. conducted by the Commission on Human Rights of the Philippines recorded torture DEATH PENALTY marks on the bodies of father and son In July, ruling party congressmen proposed Renato and J.P. Bertes, who were shot dead bills to reintroduce the death penalty for a in police custody. wide range of offences. If passed, the A bill to establish a National Preventative punishment, which was abolished in 2006, Mechanism on torture stalled during the year. would apply to crimes including rape, arson, In May, the UN Committee against Torture drug trafficking and possession of small

296 Amnesty International Report 2016/17 amounts of drugs. The bills sparked an legislative amendments and laws enacted outcry from human rights organizations on since the Law and Justice party came to the grounds that they would violate power in October 2015. The speed of the international human rights law, and would not legal reforms and the lack of adequate deter crime.4 Bills were also filed proposing to consultation with civil society were widely lower to nine years old the age of criminal criticized. responsibility. LEGAL, CONSTITUTIONAL OR ABUSES BY ARMED GROUPS INSTITUTIONAL DEVELOPMENTS Abuses of international human rights and Several amendments to the Law on the humanitarian law by armed militia continued. Constitutional Tribunal deepened the More than a year after the 2015 killing of constitutional crisis that started in 2015; they three leaders of the Lumad community in were considered wholly or partially Lianga, Surigao del Sur province, the unconstitutional, according to the suspected perpetrators had not been Constitutional Tribunal’s rulings in March prosecuted and over 2,000 people remained and August. displaced from their homes. In October, anti- In January, the European Commission mining activist, Jimmy P. Sayman died a day initiated for the first time a structured after being shot in an ambush by unidentified dialogue with Poland under the Rule of Law gunmen in Montevista town, Mindanao. Local Framework giving it until 27 October 2016 to human rights organizations alleged that outline steps taken to remedy the crisis. paramilitaries were responsible. Poland responded that it would not implement the recommendations and that RIGHT TO AN ADEQUATE STANDARD OF they were “based on incorrect assumptions”. LIVING, EDUCATION AND JUSTICE The judges elected by the previous The UN CESCR condemned the failure to pay Parliament were not appointed and the Prime the minimum wage for all but 13% of the Minister refused to publish several of the workforce, and the fact that several sectors Tribunal’s judgments. A July amendment to were exempt from benefiting from the the Law on the Constitutional Tribunal minimum wage. introduced a requirement to examine cases in sequence of registration, depriving the Tribunal of its case prioritization competence. 1. Philippines: Duterte’s 100 days of carnage (News story, 7 October) In November, the UN Human Rights 2. Philippines: Historic ruling on police torture following Amnesty International campaign (News story, 1 April) Committee issued its concluding observations on Poland; the Committee recommended, 3. Philippines: Ensure accountability for police use of excessive force against demonstrators (ASA 35/3800/2016) among other issues, that Poland ensure respect for and protection of the integrity and 4. Philippines: Lawmakers must urgently oppose attempts to reintroduce death penalty (ASA 35/5222/2016) independence of the Tribunal and its judges and that it ensure implementation and publication of all the Tribunal judgments.1 Following the adoption of three new laws POLAND regarding the Constitutional Tribunal and the appointment of a new Tribunal President, the Republic of Poland Head of state: Andrzej Duda European Commission raised new concerns Head of government: Beata Szydło and issued a complementary Recommendation in December, giving Poland two months to address the systemic The government undertook significant legal threat to the rule of law in the country. reforms, in particular concerning the Constitutional Tribunal. There were 214

Amnesty International Report 2016/17 297 proportionality. The amendments also JUSTICE SYSTEM allowed for metadata to be accessed directly Under the new Law on Prosecution enacted by the police without a court order. in January, the functions of Prosecutor Confidentiality of information covered by General and Minister of Justice were merged professional privilege, for example, available and the Prosecutor General’s powers to criminal defence solicitors, was also broadened. These reforms had significant compromised as surveillance of lawyers’ implications for the right to a fair trial and the communications was not prohibited.3 independence of the judiciary.2 The UN Human Rights Committee In June, President Duda refused to recommended, among other issues, that appoint nine judges nominated for promotion Poland ensured the Penal Code defined to higher instance courts and one judge terrorism-related crimes in terms of purpose, nominated for office by the National Council narrowly defined their nature and that it of the Judiciary. No reason was given for the provided a precise definition of “terrorist President’s decision. incidents”. The criminal investigation into Poland’s co- Counter-terror and security operation with the CIA and the hosting of a In June, a new Counter-terrorism Law was secret detention site was still pending. The enacted, following a fast-track legislative 2015 European Court of Human Rights process. It consolidated extensive powers in (ECtHR) judgments in the cases of al-Nashiri the hands of the Internal Security Agency and Abu Zubaydah were not fully with no independent oversight mechanism to implemented. prevent abuse and ensure accountability. Terrorism-related crimes and “incidents” FREEDOM OF EXPRESSION – were broadly defined in the law and the JOURNALISTS accompanying regulation. Foreign nationals In July, the National Media Council became were particularly targeted in the new law, operational; it appointed and recalled which allowed for their covert surveillance, management and supervisory boards of including through wire-tapping, monitoring of public media organizations. Its composition electronic communications, and the rules of voting allowed the ruling telecommunication networks, and devices party to control the Council’s decisions. without judicial oversight for three months, The government’s effective control over after which the surveillance may be extended public media and the resulting restrictions on by a court order. These measures could be the freedom of the press resulted in Poland’s employed if there was a “fear”, rather than a drop in the 2016 World Press Freedom Index reasonable suspicion, that the person may be from place 18 down to 47, out of 180 involved in terrorism-related activities. The countries. By the end of the year, 216 Counter-terrorism Law introduced several journalists and administrative staff in public other provisions, such as admissibility of media organizations were dismissed, forced illegally obtained evidence, extension of pre- to resign or transferred to less influential charge detention to 14 days, and the removal positions, according to the association of certain safeguards around permissible use Society of Journalists. In December, a of lethal force in the context of counter- proposal of the Marshal of the Sejm (lower terrorism operations. house of the Parliament) to severely restrict Under the amended Police Act, journalists’ access to the Parliament sparked surveillance powers were expanded allowing mass protests and a parliamentary crisis, with courts to authorize secret surveillance for opposition MPs “occupying” the podium. three months – to be extended to a maximum of 18 months – on the basis of a broad list of crimes and without a requirement to consider

298 Amnesty International Report 2016/17 and criminalization of women and girls who FREEDOM OF ASSEMBLY obtained an abortion and anyone assisting or In December, the Parliament passed a encouraging them to have an abortion.4 restrictive amendment to the Law on Assemblies, despite negative opinions of the 1. Poland: Submission to the United Nations Human Rights Committee. Polish Human Rights Commissioner and the 118th session, 17 October - 04 November 2016 (EUR 37/4849/2016) Supreme Court and strong criticism from 2. Poland: Dismantling rule of law? Amnesty International submission nearly 200 NGOs. The President did not sign for the UN Universal Periodic Review – 27th session of the UPR the amendment, referring it to the working group, April/May 2017 (EUR 37/5069/2016) Constitutional Tribunal instead. 3. Poland: New surveillance law a major blow to human rights (EUR 37/3357/2016) DISCRIMINATION 4. Poland: Women force historic U-turn on proposed abortion ban (News Serious gaps remained in the law regarding story, 6 October); A dangerous backward step for women and girls in Poland (News story, 19 September) discrimination and hate crimes related to age, disability, gender, gender identity and expression, sexual orientation and social or economic status. In April, the Council for the PORTUGAL Prevention of Racial Discrimination, Xenophobia and Related Intolerance was Portuguese Republic abolished. Head of state: Marcelo Rebelo de Sousa (replaced Aníbal António Cavaco Silva in March) REFUGEES’ AND MIGRANTS’ RIGHTS Head of government: António Costa Poland did not accept any refugees from other EU member states under the Austerity measures restricted the rights of mandatory relocation quota. The authorities people with disabilities. There were reports continued to use detention disproportionately of ill-treatment in prisons and of inadequate for migrants and asylum-seekers. prison conditions. Discrimination against Civil society organizations reported there Roma continued unabated. were barriers to accessing the asylum procedure, including numerous cases where DISCRIMINATION people were unable to apply for international Portugal continued to fail to ensure that hate protection at the Brest/Terespol border crimes were prohibited in law, and had not crossing between Belarus and Poland. In created a national data collection system for June, the ECtHR communicated the cases hate crimes. A.B. v Poland and T.K. and S.B. v Poland to the government. They concerned a family of People with disabilities three Russian citizens who tried In April, the UN Committee on the Rights of unsuccessfully to enter Poland and lodge Persons with Disabilities asked Portugal to asylum claims at the Brest/Terespol border review austerity measures that have reduced four times. the availability of services for people with disabilities and forced many of them into SEXUAL AND REPRODUCTIVE RIGHTS poverty or extreme poverty. The Committee Women continued to face systemic expressed concern about cuts to resources difficulties in accessing safe and legal for inclusive education for children with abortion; a petition proposing to further disabilities and support for their families. restrict their access was considered before These measures had particularly negative Parliament at the end of the year. effects on women caregivers who in most After mass protests and a general women’s cases cared for children with disabilities. strike on 3 October, Parliament rejected a bill which proposed a near total ban on abortion

Amnesty International Report 2016/17 299 Only 781 asylum-seekers were transferred Roma from Greece and Italy to Portugal under the In June, the European Commission against EU relocation mechanism as of the end of Racism and Intolerance reported that the year, out of the 1,742 that Portugal had Portugal had not fully implemented the committed to receive. measures it had recommended in 2013 to In October, the municipal authorities of address racism and discrimination towards Amadora forcibly evicted at least four migrant Roma communities, especially regarding data families without meaningful prior consultation collection and the simplification of and the provision of adequate alternative procedures to report cases of discrimination accommodation. to the High Commissioner for Migration. SEXUAL AND REPRODUCTIVE RIGHTS RIGHT TO HEALTH In February, the Parliament approved In June, the Portuguese Observatory on the changes to legislation on access to sexual Health System reported continuing and reproductive health services. The new inequalities in accessing health care, in law removed mandatory psychological and particular for the most marginalized people. social counselling as a condition for women’s access to abortion. TORTURE AND OTHER ILL-TREATMENT In May, new legislation was adopted giving There were reports of unnecessary or all women access to assisted reproductive excessive use of force by law enforcement technology (ART) – including in vitro officials throughout the year. fertilization and other methods – regardless of In October, according to a report by a their marital status or sexual orientation. This Portuguese NGO, 13 prisoners were beaten put an end to former restrictions that limited by prison guards during the inspection of ART to married women or women in a civil their cells at Carregueira Prison in the capital partnership with a man. Lisbon. At least three of them required hospital treatment as a result. VIOLENCE AGAINST WOMEN AND GIRLS In November, the government announced PRISON CONDITIONS plans to exempt victims of sexual Prison conditions remained inadequate; in harassment, rape, female genital mutilation, some prisons they were degrading. There slavery and human trafficking from the was a lack of hygiene, food quality, medical payment of judicial costs. care and access to medicines. According to data provided by the NGO UMAR, as of November, 22 women had been RIGHTS OF LESBIAN, GAY, BISEXUAL, killed, and there were 23 attempted murders. TRANSGENDER AND INTERSEX PEOPLE In February, Parliament voted to override a presidential veto of a law granting same-sex couples the right to adopt children. The law PUERTO RICO was initially passed in November 2015; the Commonwealth of Puerto Rico new law entered into force in March. Head of state: Barack Obama Head of government: Alejandro García Padilla REFUGEES’ AND MIGRANTS’ RIGHTS Thirty-nine refugees previously selected for There was progress towards achieving resettlement in Portugal between 2014 and equality and justice in relation to the 2016 had arrived in the country by the end of human rights of lesbian, gay, bisexual, 2015. The government committed to resettle transgender and intersex (LGBTI) people; over 260 refugees in 2016/2017. however, they continued to face discrimination in terms of their health and

300 Amnesty International Report 2016/17 wellbeing. The reform of the police In July, a US federal government directive continued to have limited impact and was published which stipulated that incidents of excessive use of force were transgender students must be allowed to use reported. The new federal law Puerto Rico bathrooms which correspond to the gender Oversight, Management, and Economic they identify with. This directive had not been Stability Act (PROMESA) caused serious fully implemented. concern as to its possible repercussions on economic, social and cultural rights, in POLICE AND SECURITY FORCES particular for the most vulnerable groups in In 2013, the government signed an society. agreement with the US Department of Justice aimed at bringing about an in-depth reform RIGHT TO AN ADEQUATE STANDARD of the policies and practices of the Puerto OF LIVING Rican police. This led to the creation of A report compiled by academic organizations important new policies on areas such as and presented to the Inter-American control of the use of force and interaction Commission on Human Rights in April raised with members of the transgender community. concerns about the impact of government However, civil society organizations expressed fiscal austerity measures on the standard of serious concern over the legitimacy of the living of Puerto Ricans. There were fears that reform due to the lack of transparency and these measures would trigger an increase in genuine participation of civil society in the poverty among vulnerable groups and cause process. Internal accountability mechanisms increased exclusion, inequality and for the police remained deficient and an discrimination. external monitoring mechanism had still not been put in place, despite repeated calls RIGHTS OF LESBIAN, GAY, BISEXUAL, from civil society for this to be implemented. TRANSGENDER AND INTERSEX PEOPLE Civil society organizations continued to Despite recent progress in ensuring the rights report excessive use of force by the police, of LGBTI people, there were continued death threats by police against citizens and reports of violations of rights related to access excessive use of electric-shock weapons, to health services, particularly for transgender including on people with mental health people. The policies of the Department of problems or people who did not comply with Health in relation to guaranteeing equal police orders. access to health services remained unchanged and, although the government DEATH PENALTY allowed gender to be changed on state Although the death penalty was abolished in identity documents, there were continued Puerto Rico in 1929, it could still be imposed reports of incidents of discrimination at the under US federal law. No death penalty cases time of issue of identity documents. were reported in 2016. Following the introduction of Charter 19, a new internal policy of the Puerto Rican Department of Education which sought to implement an educational curriculum with an QATAR integrated gender perspective in the country’s State of Qatar public schools, cases of discrimination and Head of state: Sheikh Tamim bin Hamad bin Khalifa Al harassment of LGBTI students or those Thani perceived to be LGBTI came to light. There Head of government: Sheikh Abdullah bin Nasser bin were reports of students being suspended for Khalifa Al Thani wearing a uniform or having a hairstyle which were “inconsistent with their biological sex”. The authorities unduly restricted the rights to freedom of expression, association and

Amnesty International Report 2016/17 301 peaceful assembly. One prisoner of officers had forced him to sign the conscience was pardoned and released. “confession” under torture and other ill- Migrant workers faced exploitation and treatment. The Court of Appeal, which abuse. Discrimination against women reduced his original life sentence to 15 years, remained entrenched in both law and and the Court of Cassation also failed to practice. The courts imposed death investigate his allegations of torture when sentences; no executions were reported. upholding his conviction. While in prison, his right to access to his family continued to be BACKGROUND violated. Qatar remained part of the Saudi Arabia-led international coalition engaged in armed MIGRANT WORKERS’ RIGHTS conflict in Yemen (see Yemen entry). Migrant workers, who comprise a large majority of Qatar’s population, continued to FREEDOMS OF EXPRESSION, face exploitation and abuse. Law No.21 of ASSOCIATION AND ASSEMBLY 2015, which took effect on 13 December The authorities continued to unduly restrict 2016, more than a year after its enactment, the rights to freedom of expression, replaced the 2009 Sponsorship Law, association and peaceful assembly. The introducing some minor improvements such authorities did not permit the existence of as the removal of the two-year ban on independent political parties, and worker migrant workers returning to Qatar after associations were only permitted for Qatari leaving. However, it retained key elements of citizens if they met strict criteria. the 2009 law that facilitate serious human Unauthorized public gatherings were not rights abuses, including forced labour. Under permitted and were dispersed, and laws the new law, migrant workers were still criminalizing expression deemed offensive to required to obtain an exit permit from their the Emir were maintained. employer to leave Qatar, violating their right The poet and prisoner of conscience to freedom of movement. If workers were Mohammed al-Ajami (also known as Ibn blocked from leaving, they could appeal; Dheeb) was released on 15 March under an however, no official guidance on how appeals unconditional pardon granted by the Emir. would be determined was published. The He had been serving a 15-year prison new law also allowed employers to prevent sentence imposed in 2012 for writing and migrant workers from changing their jobs for reciting poems deemed offensive to the Emir up to five years, depending on the terms of and the state. their contracts, and allowed employers to The independent online news outlet Doha retain migrant workers’ passports with their News was blocked within Qatar for “licensing written consent, enshrining into law the issues”. Doha News‘ independent journalism practice of passport retention which is used had covered sensitive topics in Qatar, which by exploitative employers to exert control over is likely to have led to their blocking by the migrant workers. two local internet service providers. The International Labour Organization (ILO) visited Qatar in March 2016. The high- TORTURE AND OTHER ILL-TREATMENT level delegation assessed measures taken by On 2 May, the Court of Cassation in the the government to address issues raised in a capital, Doha, confirmed the conviction and complaint filed in relation to violation of the 15-year prison sentence imposed on Filipino Forced Labour Convention and Labour national Ronaldo Lopez Ulep on espionage Inspection Convention. The delegation’s charges. His conviction in 2014 was largely report acknowledged steps taken by the based on a “confession” in Arabic, a Qatari authorities to address migrant labour language that he cannot read, with no abuse but noted many remaining challenges. investigation into his allegation that security The ILO governing body deferred its decision

302 Amnesty International Report 2016/17 on whether to appoint a commission of main subcontractor. Some labour supply inquiry on Qatar until March 2017. companies were banned from working on The Wage Protection System, which made 2022 World Cup projects, including one payment of wages by electronic bank transfer found to be using forced labour. In November mandatory, was implemented throughout the Supreme Committee signed a year-long 2016. According to government figures, by agreement with the international trade union November some 1.8 million people were Building and Wood Workers’ International to covered by the system. Some migrant carry out joint inspections of the working and workers employed on high-profile housing conditions of certain migrant construction projects were relocated to the construction workers and to publish details of Labor City and Barwa Al Bahara complexes, these inspections. The agreement was limited built by the government to accommodate up to World Cup projects and did not cover to 150,000 low-income migrant workers with associated infrastructure projects such as better conditions and facilities. A 2010 law highways, rail networks or hotels. effectively prohibiting migrant workers from living in urban residential districts continued WOMEN’S RIGHTS to restrict the supply of available housing for Women continued to face discrimination in migrant workers, thereby exacerbating law and practice and were inadequately overcrowding elsewhere and condemning protected against violence within the family. most migrant workers to inadequate living Personal status laws continued to conditions. In April, census data published discriminate against women in relation to by the Ministry of Development Planning and marriage, divorce, inheritance, child custody, Statistics indicated that 1.4 million people nationality and freedom of movement. were living in labour camps. Domestic workers, mostly women, DEATH PENALTY remained at particular risk of exploitation and The courts imposed new death sentences abuse as they continued to be excluded from and others were confirmed by the Appeals existing labour protections. A long-proposed Court; no executions were reported. law to protect domestic workers’ rights continued to be delayed. In July, Qatar’s National Human Rights Committee recommended the introduction of a law to ROMANIA protect the human rights of domestic migrant Republic of Romania workers and provide them with access to Head of state: Klaus Iohannis justice for abuses. Head of government: Dacian Julien Cioloș In response to evidence that migrant workers had been subjected to abuse while Roma continued to experience systemic refurbishing the Khalifa International Stadium discrimination, forced evictions and other and surrounding Aspire Zone sporting human rights violations. The Council of complex – a 2022 World Cup venue – the Europe Convention on preventing and government announced in April that the combating violence against women and Ministry of Administrative Development, domestic violence entered into force in Labour and Social Affairs would investigate September. A public hearing was held in the contractors involved in the abuses. The the European Court of Human Rights Supreme Committee for Delivery and Legacy, (ECtHR) case against Romania for which is responsible for overseeing all 2022 complicity in the US-led rendition and World Cup projects, announced secret detention programmes, but a ruling “rectification” programmes for contractors in the four-year-old case remained pending. involved in abuses and placed restrictions on Following parliamentary elections in future bids for World Cup contracts from a December, Sorin Mihai Grindeanu was

Amnesty International Report 2016/17 303 nominated as Prime Minister by the an investigation into breaches by Romania of President and was to take office on 4 EU anti-discrimination legislation with respect January 2017. to persistent patterns of segregation of Roma children in schools. The Centre for Advocacy DISCRIMINATION – ROMA and Human Rights in partnership with the In his April report, the UN Special Centre for Resources for Public Participation Rapporteur on extreme poverty and human surveyed 112 municipalities in northeast rights called on the authorities to Romania and found that 82 out of the 394 acknowledge the severe discrimination schools across the region displayed some against Roma, to implement the 2015-2020 form of segregation of Roma children. In Roma Inclusion Strategy and take targeted November and December, the Ministry of measures in education, health care and Education held a public consultation on a employment, including the introduction of draft framework which prohibited school legal safeguards against forced evictions and segregation. The framework expanded the improved access to social housing. In June, criteria for inclusion in education, set new the Council of Europe Commissioner for legal obligations and sanctions for authorities Human Rights raised similar concerns. and defined the role of a National Commission for Desegregation and Inclusion. Housing rights – forced eviction In March, the ECtHR issued interim POLICE AND SECURITY FORCES measures urging the authorities to stop the In January, the ECtHR ruled that Romania eviction of 10 Roma families in the town of had violated the rights of four members of the Eforie. This would have been the third forced Boaca family. It found that they were eviction of the families who were among the subjected to torture and other ill-treatment 101 people, including 55 children, whose and discriminated against. In March 2006, homes had been demolished in 2013. In police officers had physically assaulted them June, the Constanţa County Court ruled that in the police station in Clejani in Giurgiu the 2013 demolition was unlawful and the County. Ion Boaca, father of the other three municipality should provide the families with Roma victims, required 19 days of adequate housing. At the end of year, their hospitalization after being kicked in the ribs housing situation remained precarious. and punched. The 300 Roma forcibly evicted from the In June, the Committee of Ministers of the centre of Cluj-Napoca in 2010 and relocated Council of Europe closed the supervision of to Pata Rat area – known for its waste dump, the implementation of a group of key ECtHR chemical dump and two already existing judgments – known as the Barbu Anghelescu Roma settlements – were still fighting for group – concerning police brutality against justice in domestic courts, assisted by the Roma and ineffective investigations, NGO European Roma Rights Centre (ERRC). including possible racist motives. ERRC, Toxic smoke from several fires on newly Romani CRISS and APADOR-Helsinki established waste dumps caused inhabitants Committee warned against the decision respiratory issues, according to residents and arguing that the government had not taken NGOs. The UN Special Rapporteur on adequate measures to execute the judgments extreme poverty and human rights visited the and tackle, among other issues, widespread Pata Rat area and noted the “primitive institutional racism. conditions”, including no electricity, as well as damp and overcrowded accommodation. DISCRIMINATION – PEOPLE WITH DISABILITIES Right to education The monitoring mechanism required by the In May, the NGOs ERRC and Romani CRISS UN Convention on the Rights of Persons with urged the European Commission to launch Disabilities, ratified by Romania in 2011, was

304 Amnesty International Report 2016/17 created but was not operational at the end of The hearing came after the Council of Europe 2016. Secretary General summarily closed in February 2016 its Article 52 inquiry into RIGHTS OF LESBIAN, GAY, BISEXUAL, European states’ involvement in the CIA TRANSGENDER AND INTERSEX PEOPLE operations – a severe blow to accountability. According to the Civil Code, same-sex The Romanian government denied the marriages and civil unions were prohibited allegations and argued an investigation was and those contracted abroad not recognized. ongoing. A judgment in the case remained The case of a same-sex couple seeking pending at the end of the year. recognition of their marriage officiated in Belgium remained under examination by the Constitutional Court. In November, the VIOLENCE AGAINST WOMEN AND GIRLS Constitutional Court sought preliminary ruling According to General Police Inspectorate from the European Court of Justice on the data, 8,926 cases of domestic violence were harmonic interpretation of EU legislation on registered in the first six months of 2016 – freedom of movement and residence for 79% of the victims were women and 92.3% same-sex couples. of the aggressors were men. National NGOs The Coalition for Family – a group of some reported that the actual number of cases was 30 associations and foundations – ran a much higher. In July, NGOs requested that campaign until May to put forward a the government expedite the adoption of legislative proposal to restrict the measures to combat violence against women constitutional definition of “family” from and domestic violence. The Council of “marriage between spouses” to “marriage Europe Convention on preventing and between a man and a woman”. In July, the combating violence against women and Constitutional Court allowed the proposal to domestic violence (Istanbul Convention) be put to Parliament to decide on whether or entered into force in September. not to hold a national referendum. The decision remained pending at the end of the 1. CIA rendition victims challenge Romania and Lithuania at Europe’s year. human rights court (News story, 29 June) In April, the ECtHR found that authorities failed to carry out an effective investigation into the attack – including its potentially discriminatory motive – on Bucharest Pride RUSSIAN march participants in 2006. FEDERATION COUNTER-TERROR AND SECURITY In June, the ECtHR held a public hearing in Russian Federation the case against Romania for complicity in Head of state: Vladimir Putin the US-led rendition and secret detention Head of government: Dmitry Medvedev programmes, which the CIA operated globally in the aftermath of the 11 September 2001 Restrictions on rights to freedom of attacks in the USA.1 Abd al-Rahim al-Nashiri, expression, association and peaceful a Saudi Arabian national currently held in the assembly increased. Prosecutions of those US detention centre at Guantánamo Bay, who had taken part in anti-government Cuba, had lodged an application against protests in Bolotnaya Square continued and Romania in 2012 alleging that he was forcibly gave rise to further concerns regarding the disappeared and tortured at a secret CIA respect for fair trial standards. Human detention centre in Bucharest between 2004 rights defenders faced fines or criminal and 2006, and that Romania had failed to prosecution because of their activities. The effectively investigate his secret detention. first criminal prosecution for failure to

Amnesty International Report 2016/17 305 comply with the “foreign agents” law was from Kuban in southern Russia who were initiated. A number of individuals were travelling to the capital, Moscow, in tractors charged under anti-extremism legislation for and private cars to protest against land criticizing state policy and publicly grabbing by agricultural holding companies. displaying or possessing materials alleged Their leader, Aleksei Volchenko, was to be extremist. There were reports of sentenced to 10 days’ administrative torture and other ill-treatment in detention for taking part in an penitentiary institutions, and prisoners’ “unsanctioned” demonstration1 after lives were at risk because of inadequate participating in a meeting between the medical care in prisons. Serious human farmers and the deputy regional rights violations continued to be reported in Plenipotentiary of the President. Other the context of security operations in the participants of the meeting paid fines or North Caucasus. People criticizing the served short periods of administrative authorities in Chechnya faced physical detention. attacks by non-state actors and prosecution, Four people were still serving their and human rights defenders reporting from sentences for taking part in the Bolotnaya the region faced harassment from non-state Square demonstration in Moscow on 6 May actors. Russia faced international criticism 2012, and two more people were charged in in relation to allegations of war crimes by connection with the events. On 5 January, its forces in Syria. The International the European Court of Human Rights Criminal Court (ICC) continued its (ECtHR) found that Yevgeniy Frumkin’s right preliminary examination of the situation in to freedom of peaceful assembly had been Ukraine, which included crimes committed violated and that he had been arbitrarily in eastern Ukraine and Crimea. Russia detained for 15 days for “failing to obey failed to respect the rights of asylum- police orders” following his participation in seekers and refugees. the Bolotnaya Square protest. The Court found that Yevgeniy Frumkin’s arrest, LEGAL, CONSTITUTIONAL OR detention and administrative punishment had INSTITUTIONAL DEVELOPMENTS been “grossly disproportionate” and designed On 7 July, amendments to anti-extremism to discourage him and others from legislation known as the “Yarovaya package” participating in protest rallies or engaging in were passed. The amendments were largely opposition politics. inconsistent with Russia’s international On 12 October, Dmitry Buchenkov was human rights obligations as they banned any charged with taking part in mass disorder form of missionary activity outside of specially and six counts of “non-lethal force” against designated religious institutions, obliged police officers during the Bolotnaya Square providers of information technology to store demonstration. He claimed that he had been records of all conversations for six months in Nizhny Novgorod at the time and had not and metadata for three years, increased the participated in the demonstration. He maximum punishment for extremism from remained in detention at the end of the year, four to eight years in prison, and increased having been detained since December 2015. the penalty for encouraging people to take part in mass disturbances from five to 10 FREEDOM OF ASSOCIATION – HUMAN years in prison. RIGHTS DEFENDERS During the year, dozens of independent FREEDOM OF ASSEMBLY NGOs receiving foreign funding were added In March, the legislation governing public to the list of “foreign agents”, including the assemblies was extended to “unauthorized” International Historical and Human Rights motorcades. In August, this new provision Society of Memorial. was used to prosecute a group of farmers

306 Amnesty International Report 2016/17 NGOs continued to face administrative incitement to hatred, statements need to fines for failing to comply with legislation on include an element of violence such as calls “foreign agents”. On 24 June, Valentina for genocide, mass repression, deportation or Cherevatenko, the founder and Chair of the calls for violence. Women of the Don Union, was informed of On 20 February, Yekaterina criminal proceedings initiated against her for Vologzheninova, a shop assistant from “systematic evasion of duties imposed by the Yekaterinburg in the Ural region, was found law on non-profit organizations performing guilty of “inciting hatred and enmity on the the functions of a foreign agent”, charges grounds of ethnicity” under Article 282 of the punishable by up to two years in prison. This Criminal Code following her online criticism of was the first time the relevant Criminal Code Russia’s annexation of Crimea and Russia’s article had been invoked since its military involvement in Donbass, eastern introduction in 2012. The criminal Ukraine, which consisted primarily of reposts investigation against Valentina Cherevatenko of articles from Ukrainian media. Yekaterina was ongoing at the end of the year. Staff of Vologzheninova, a single mother and sole the Women of the Don Union were frequently carer for her elderly mother, served 320 questioned by investigators who also hours of unpaid “corrective labour”. The monitored all the organization’s publications. judge also ruled that her computer must be Lyudmilla Kuzmina, a retired librarian and destroyed as a “crime weapon”. the co-ordinator of the Samara branch of the The trial of Natalya Sharina, prisoner of election watchdog Golos, was sued by the tax conscience and director of the state-run authorities for 2,222,521 roubles (€31,000). Library of Ukrainian Literature in Moscow, The tax authorities classified a grant given to began on 2 November. She was accused of Golos by the US funding organization USAID “inciting hatred and enmity through misuse as profit following the declaration of the of office” under Article 282 of the Criminal organization as “undesirable”, and claimed Code and of fraudulent use of library funds, that Lyudmilla Kuzmina had falsely declared offences for which she could face up to 10 the money a grant. On 14 March 2016, the years’ imprisonment. A number of books tax authorities successfully appealed against classified as “extremist” were purportedly a decision taken by the Samara District Court found among uncatalogued literature in the on 27 November 2015 which found that library. She remained under house arrest Lyudmilla Kuzmina had not defrauded the which began on 30 October 2015. government of that amount, and had not used the money for her own gain. Following NORTH CAUCASUS the successful appeal by the tax authorities, Serious human rights violations, including bailiffs confiscated her car and her pension enforced disappearances and alleged payments were stopped. extrajudicial executions committed in the course of security operations continued to be FREEDOM OF EXPRESSION reported from the North Caucasus. Human Anti-extremism legislation continued to be rights defenders were also at risk. On 9 used excessively in violation of the right to March, two members of the human rights freedom of expression. According to the NGO organization Joint Mobile Group (JMG), along SOVA Centre, 90% of all convictions under with their driver and six journalists from anti-extremism legislation were for statements Russian, Norwegian and Swedish media, and reposts on social media websites. On 3 were assaulted while travelling from North November, following a request from SOVA Ossetia to Chechnya. Their minibus was Centre and other NGOs, the Plenum of the stopped by four cars near a security Supreme Court issued guidelines to judges checkpoint at the administrative border on the use of anti-extremism legislation between Ingushetia and Chechnya. Twenty specifying that in order to qualify as masked men dragged them out of the vehicle

Amnesty International Report 2016/17 307 and severely beat them before setting fire to torture.2 Mykola Karpyuk’s lawyer alleged that the minibus. Two hours later, the JMG’s office vital evidence for the defence that supported in Ingushetia was ransacked. On 16 March, his client’s alibi was left out of the case file. the JMG’s leader Igor Kalyapin was asked to The judge refused to allow witnesses to be leave a hotel in the Chechen capital Grozny interviewed in Ukraine. by the manager because he “did not love” the Chechen leader Ramzan Kadyrov. Igor TORTURE AND OTHER ILL-TREATMENT Kalyapin was then punched and pelted with Torture and other ill-treatment continued to eggs, cakes, flour and disinfectant by an be widespread and systematic during initial angry mob. detention and in prison colonies. On 5 September, Zhalaudi Geriev, an On 30 August, Murad Ragimov and his independent journalist known for his criticism father were beaten and tortured by officers of the leadership of Chechnya, was from the Ministry of the Interior’s Special sentenced to three years’ imprisonment by Response Unit for two hours in the kitchen of the Shali District Court of Chechnya for their home in Moscow. The officers accused possessing 167g of marijuana. At his trial he Murad Ragimov of killing a policeman in withdrew his confession to the drugs charge, Dagestan, and of fighting for the armed group saying that three men in plain clothes had Islamic State in Syria. Murad Ragimov’s detained him on 16 April, forced him into a cousin was handcuffed to the kitchen table car and driven him to a forest outside Grozny, while officers tortured Murad Ragimov using where he was tortured before being handed an electric-shock baton, and suffocating him over to law enforcement officers who forced with a plastic bag. Finally, the officers him to “confess”. claimed to find drugs in his pockets. Murad The Chechen leadership continued to Ragimov was taken to the police station and exercise direct pressure on the judiciary. On remained in detention at the end of the year 5 May, Ramzan Kadyrov called a meeting of facing trial on drugs charges. all judges and forced four of them to resign. Ildar Dadin said in a letter to his wife that There was no response from the federal he had been subjected to torture and other authorities. ill-treatment in the prison colony in Segezha in the Karelia region of Russia. He described UNFAIR TRIALS how he was repeatedly beaten by groups of Ukrainian nationals Mykola Karpyuk and 10 to 12 prison guards, including on one Stanislav Klykh were sentenced after an occasion by the director of the prison colony. unfair trial at the Supreme Court in Chechnya He described his head being pushed down a to 22-and-a-half and 20 years’ imprisonment toilet and being hung by handcuffs and respectively on 26 May. The sentence was threatened with rape. Ildar Dadin was placed confirmed on appeal at the Russian Supreme in a punishment cell seven times between his Court. They were convicted of leading and arrival in the prison colony in September and fighting in an armed group that allegedly the end of the year. Following his allegations, killed 30 Russian soldiers during the conflict the prison authorities carried out an in Chechnya (1994 to 1996). Both men said inspection and asserted that there had been that they were tortured following their arrests no ill-treatment. In 2015, Ildar Dadin was the in March 2014 and August 2014 first person to be convicted for participating respectively. Their lawyers were denied in peaceful demonstrations under Article access and basic information about their 212.1 of the Criminal Code, which clients’ whereabouts for several months after criminalized violating the regulations for the their arrest. Stanislav Klykh, who had no conduct of public meetings. He was history of mental illness, appeared severely sentenced to three years’ imprisonment, disturbed throughout the trial, which began reduced to two-and-a-half years on appeal. in October 2015, possibly as a result of

308 Amnesty International Report 2016/17 conducting an assessment as to whether the Failure to provide adequate medical care same was true for eastern Ukraine. During the course of the year the European On 16 November, President Putin Court of Human Rights found in 12 cases announced that Russia no longer intended to that prisoners in Russia had been subjected become a party to the Rome Statute of the to torture or other ill-treatment because of ICC, which it signed in 2000 but did failure to provide adequate medical care in not ratify. prisons and pre-trial detention centres. On 27 April, in a report to the Federal Council, the REFUGEES’ AND MIGRANTS’ RIGHTS Prosecutor General stated that lack of Russia continued to return asylum-seekers, antiretroviral drugs in prisons was placing at refugees and migrant workers to Uzbekistan risk the lives of prisoners living with HIV. and other countries despite the real risk that According to a report by the NGO Zona they would be tortured and otherwise ill- Prava, released in November, prison health treated.3 In many cases the individuals were services were critically underfunded, deported for overstaying their visa or not resulting in shortages of antiretroviral drugs having the correct documents under the for treating HIV. The report also found that Administrative Code, which does not require many conditions were only diagnosed at the the court to take into account the seriousness critical stage, and medical staff who were of the offence committed, the circumstances employees of the Prison Service were not of the individual and any potential sufficiently independent. The law in principle consequences for them if expelled from allowed for early release on health grounds, Russia, nor does it provide for the individual but this was granted in only one in five cases to receive free legal advice. where the prisoner requested early release. On 1 July, Uzbekistani asylum-seeker Olim Amur Khakulov died in a prison hospital in Ochilov was forcibly returned from Russia to Kirov region, central Russia, of kidney failure Uzbekistan in blatant disregard of interim in early October. On 15 June, a court had measures issued by the ECtHR on 28 June to refused to release Amur Khakulov on medical stop his forcible return to Uzbekistan, where grounds despite a medical panel’s he would be at real risk of torture. recommendation that he be released. Amur Khakulov had been in detention since 1. Russian Federation: Farmers and truck drivers imprisoned for a October 2005; according to his family he peaceful protest against corruption (EUR 46/4760/2016) developed chronic kidney disease while in 2. Russian Federation: Urgent Action: Victim of unfair trial, health at detention. risk (EUR 46/4398/2016) 3. Uzbekistan: Fast track to torture, abductions and forcible returns ARMED CONFLICT – SYRIA from Russia to Uzbekistan (EUR 62/3740/2016); Uzbekistan: Asylum- Together with the Syrian government, Russia seeker returned from Russia to Uzbekistan in blatant violation of international law (EUR 62/4488/2016) carried out indiscriminate attacks and direct attacks on civilians and civilian objects in Syria, including civilian residential areas, medical facilities and aid convoys, causing RWANDA thousands of civilian deaths and injuries. Republic of Rwanda INTERNATIONAL JUSTICE Head of state: Paul Kagame On 14 November the Prosecutor of the ICC Head of government: Anastase Murekezi said that the situation within the territory of Crimea and Sevastopol amounted to an In the run-up to presidential elections international armed conflict between Russia in 2017, the environment for free debate and Ukraine. The ICC Prosecutor was and dissent continued to be hostile. High-

Amnesty International Report 2016/17 309 ranking army officers were handed heavy examination in 2015 under the UN Universal sentences after a flawed trial. Periodic Review (UPR), the government pledged to decriminalize “defamation”. BACKGROUND Journalist John Ndabarasa was last seen President Paul Kagame announced a in Kigali on 7 August. After his disappearance substantial cabinet reshuffle in October and was reported to police by the Rwanda Media the closure of the Ministry for Internal Commission, the police announced that they Security, whose responsibilities were taken were opening an investigation. It was not over by the Ministry of Justice. clear whether the disappearance was related Rwanda hosted the African Union Summit to John Ndabarasa’s journalism or his family in July. connections to Joel Mutabazi, President Kagame’s former bodyguard serving a life FREEDOMS OF ASSOCIATION AND sentence for treason. ASSEMBLY In March, the Democratic Green Party of HUMAN RIGHTS DEFENDERS Rwanda, a registered opposition political On 28 May, Congolese national Epimack party, announced that it would not participate Kwokwo, programme co-ordinator of the in the 2017 presidential elections if the regional NGO Human Rights League of the government did not respond to its demands Great Lakes Region (LDGL), was expelled for political and electoral reforms. The from Rwanda when his work permit expired Rwanda Governance Board rejected the after long delays in renewing the NGO’s requested reforms in September. The party registration. He attended an appointment at nominated their president Dr Frank Habineza the immigration offices, was notified of his as their presidential candidate on 17 expulsion and then driven to the border with December. the Democratic Republic of the Congo The United Democratic Forces (FDU- without being allowed to return home to Inkingi), an unregistered opposition political collect his belongings or inform his family. party, continued to face serious challenges. LDGL’s re-registration was granted in Party member Illuminée Iragena went November. missing on her way to work on 26 March. People close to her believe she was CRIMES UNDER INTERNATIONAL LAW unlawfully detained and tortured, and may Individuals suspected of involvement in the have died. Family members who requested a 1994 genocide faced trial in Rwanda police investigation were not given an official and Sweden. response. In March, the Congolese authorities Another FDU-Inkingi member, Léonille transferred Ladislas Ntaganzwa to Rwanda to Gasengayire, was arrested and detained for stand trial on charges of genocide and crimes three days in March after visiting the party’s against humanity, in line with an arrest president, Victoire Ingabire, in Kigali Central warrant issued by the UN Mechanism for Prison. She was arrested again in August in International Criminal Tribunals – the body Kivumu, Rutsiro district, and charged with responsible for following up the work of the inciting insurrection. She remained in International Criminal Tribunal for Rwanda, custody awaiting trial. which closed in December 2015. In April, Rwanda’s High Court sentenced FREEDOM OF EXPRESSION to life imprisonment Léon Mugesera, The Rwanda Law Reform Commission began extradited from Canada in 2012. He was discussions with media practitioners in early convicted of incitement to commit genocide, 2016 on revising the 2013 Media Law. In its inciting ethnic hatred and persecution as a roadmap for implementing the crime against humanity. He was acquitted of recommendations accepted during Rwanda’s

310 Amnesty International Report 2016/17 preparing and planning the genocide and respectively. Both were found guilty of conspiracy to commit genocide. inciting insurrection and tarnishing the image In May, a court in Sweden convicted of the government when in a leadership Claver Berinkindi of genocide and sentenced position. In violation of their right to freedom him to life in prison. Damages of US$3,900 of expression, their conviction was based on to 13,000 were awarded to 15 people who accusations of sharing critical online articles had witnessed the loss of a relative or had by email and for comments made in social survived the threat of being killed themselves. gatherings. Colonel Byabagamba was In December, a French court confirmed additionally convicted of concealing evidence the 25-year prison sentence of Rwandan and for contempt of the flag, and stripped of former intelligence chief Pascal Simbikangwa his military rank and decorations. Frank for genocide and complicity in crimes against Rusagara was additionally convicted of illegal humanity. possession of weapons. His former driver, Other action was taken against people retired Sergeant François Kabayiza, was suspected of genocide-related crimes. sentenced to five years’ imprisonment for In July, Enoch Ruhigira, who in 1994 was concealing evidence. An appeal was lodged chief of staff of the then President, Juvénal against the verdict. Habyarimana, was arrested in Germany at The judges failed to address adequately the request of the Rwandan authorities, who François Kabayiza’s complaints in court that are seeking his extradition on genocide he had been tortured during interrogation charges. and his request for the resulting testimony to On 28 September, university professor be set aside. The court found that he had not Léopold Munyakazi was deported from the provided evidence that he was tortured, in USA to Rwanda. He was charged with violation of the principle that the prosecution committing genocide, complicity in genocide, bears the burden of proving beyond conspiracy to commit genocide, reasonable doubt that evidence was obtained extermination and genocide negation. He had lawfully. Rwanda’s law on evidence and its been arrested after the genocide, but was production prohibits the use of evidence released in 1999 due to a lack of evidence. obtained through torture in court Rwanda issued an international warrant for proceedings. his arrest in 2006 a month after he gave a As both Frank Rusagara and François speech in which he described the massacres Kabayiza were retired from the military, their of 1994 as fratricide rather than genocide. In lawyers argued that they should not be tried a hearing in October, Léopold Munyakazi in a military tribunal and asked for the cases pleaded not guilty. to be separated. This was refused. Despite On 12 November, genocide suspects repeated requests, Frank Rusagara was not Jean-Claude Iyamuremye and Jean-Baptiste permitted to call his wife in the UK before her Mugimba were extradited from the death from terminal cancer in August. Netherlands and transferred to Kigali Central Prison. On 17 November, Henri Jean-Claude REFUGEES AND ASYLUM-SEEKERS Seyoboka was deported from Canada, Burundians continued to seek asylum in accused of involvement in the genocide. He Rwanda, although at a slower rate than in had not disclosed his military background in 2015. At the end of 2016, Rwanda was his asylum application. hosting over 80,000 Burundian refugees. Following allegations of recruitment and UNFAIR TRIALS military training of refugees from camps in On 31 March, the Military High Court of Rwanda, the government announced in Kanombe sentenced Colonel Tom February that it planned to relocate Byabagamba and retired Brigadier General Burundian refugees to third countries. It later Frank Rusagara to 21 and 20 years in prison clarified that it had no relocation plans and

Amnesty International Report 2016/17 311 would continue to receive refugees from to the laying off of thousands of mostly south Burundi. Asian migrant workers. In April, the Reports continued of Eritrean and authorities launched “Vision 2030”, a plan to Sudanese asylum-seekers being sent from diversify the economy and end the country’s Israel to Rwanda (see Israel and the dependence on income from fossil fuel Occupied Palestinian Territories entry). In a extraction. In September, the Cabinet joint press conference with President announced cuts to government ministers’ Kagame during his visit to Israel on 6 July, salaries and bonuses paid to state Israeli Prime Minister Benjamin Netanyahu employees. said that these were not asylum-seekers but Relations between Saudi Arabia and Iran “job seekers”. President Kagame said the two continued to deteriorate, exacerbated by their countries were discussing the issue. support for opposing sides in the region’s conflicts. Following the government’s execution of prominent Shi’a Muslim Sheikh Nimr al-Nimr and others on 2 January, SAUDI ARABIA protesters stormed the Saudi Arabian Kingdom of Saudi Arabia embassy in Iran’s capital, Tehran, and set it Head of state and government: King Salman bin Abdul alight, prompting Saudi Arabia to sever Aziz Al Saud diplomatic relations with Iran and expel Iranian diplomats. The Tehran authorities The authorities severely curtailed the rights prohibited Iranians from attending the annual to freedom of expression, association and Hajj pilgrimage to Mecca in Saudi Arabia. assembly, detaining and imprisoning critics, On 4 July, suicide bombers carried out human rights defenders and minority rights apparently co-ordinated attacks on one of activists on vaguely worded charges. Torture Islam’s holiest sites in Medina, the US and other ill-treatment of detainees Consulate in Jeddah, and a Shi’a mosque in remained common, particularly during Qatif, killing four people. interrogation, and courts continued to In September, the US Congress voted by a accept torture-tainted “confessions” to large majority to overturn US President convict defendants in unfair trials. Women Barack Obama’s veto of the Justice Against faced discrimination in both law and Sponsors of Terrorism Act (JASTA), opening practice and were inadequately protected the way for families of those killed in the 11 against sexual and other violence. The September 2001 terrorist attacks in the USA authorities continued to arrest, detain and to seek damages from the Saudi Arabian deport irregular migrants. Courts imposed government. many death sentences, including for non- In October, the UN Committee on the violent crimes and against juvenile Rights of the Child urged the government to offenders; scores of executions were carried immediately halt the execution of death row out. Coalition forces led by Saudi Arabia prisoners sentenced for crimes allegedly committed serious violations of committed when they were under 18; to international law, including war crimes, in immediately release all children sentenced to Yemen. death after unfair trials and to commute the sentences of others; and to “unambiguously” BACKGROUND prohibit by law the sentencing to death of Saudi Arabia faced growing economic offenders aged under 18 at the time of their problems due to the fall in world oil prices alleged crime. and the cost of its continued military intervention in the armed conflict in Yemen. ARMED CONFLICT IN YEMEN This was reflected by reduced state spending Throughout the year the Saudi Arabia-led on social welfare and on construction leading military coalition supporting the

312 Amnesty International Report 2016/17 internationally recognized government in journalist Alaa Brinji to five years in prison Yemen continued to bomb areas controlled or and a fine, followed by an eight-year travel contested by Huthi forces and their allies in ban, for comments he posted on Twitter. Yemen, killing and injuring thousands of Also in March, the SCC sentenced writer civilians. Some attacks were indiscriminate, and Islamic scholar Mohanna Abdulaziz al- disproportionate or directed against civilians Hubail to six years’ imprisonment followed by and civilian objects including schools, a six-year travel ban after convicting him in hospitals, markets and mosques. Some his absence on charges that included coalition attacks amounted to war crimes. “insulting the state and its rulers”, inciting The coalition used armaments supplied by and participating in demonstrations, and the US and UK governments, including “being in solidarity with the detained internationally banned cluster bombs that are members” of the Saudi Civil and Political inherently indiscriminate and pose a Rights Association (ACPRA) held as prisoners continuing risk to civilians because of their of conscience. The SCC also ordered the frequent failure to detonate on initial impact. closure of his Twitter account. In December the coalition admitted that its The authorities did not permit the forces had used UK-manufactured cluster existence of political parties, trade unions or munitions in 2015 and stated that it would independent human rights groups, and not do so in the future. The US and UK continued to arrest, prosecute and imprison governments continued to assist the coalition those who set up or participated in with arms, training, intelligence and logistical unlicensed organizations. support, despite the serious violations of All public gatherings, including peaceful international law committed by its forces in demonstrations, remained prohibited under Yemen. an order issued by the Ministry of the Interior In June the UN Secretary-General in 2011. Some who previously defied the ban removed Saudi Arabia from a list of states were arrested and imprisoned. Strikes and armed groups responsible for serious remained extremely rare but in September violations of children’s rights during conflict foreign and Saudi Arabian nationals after the government threatened to cut its employed at a private hospital in Khobar took funding support for key UN programmes. strike action to protest against months of Huthi forces and their allies repeatedly unpaid wages. carried out indiscriminate cross-border attacks, shelling civilian populated areas HUMAN RIGHTS DEFENDERS such as Najran and Jazan in southern Saudi The authorities continued to arrest, detain Arabia, killing and injuring civilians and and prosecute human rights defenders on damaging civilian objects. vague and overly broad charges using anti- terrorism legislation and laws designed to FREEDOMS OF EXPRESSION, stifle peaceful criticism. Those detained, on ASSOCIATION AND ASSEMBLY trial or serving prison sentences included The authorities maintained tight restrictions several members of ACPRA, an independent on freedom of expression and repressed human rights organization formed in 2009, dissent. They harassed, arrested and which the authorities closed down in 2013. prosecuted critics, including writers and In May the SCC sentenced Abdulaziz al- online commentators, political and women’s Shubaily, one of ACPRA’s founders, to eight rights activists, members of the Shi’a years in prison followed by an eight-year minority, and human rights defenders, travel ban and a ban on communicating imprisoning some after courts sentenced through social media. He was convicted of them to prison terms on vague charges. defaming and insulting senior judges under In March, the Specialized Criminal Court the anti-cybercrime law. Other charges (SCC) in the capital, Riyadh, sentenced against him included “communicating with

Amnesty International Report 2016/17 313 foreign organizations” and providing In February the SCC began trying 32 information on human rights violations to defendants, including 30 members of the Amnesty International. Shi’a minority, on charges of spying for, and In October, Mohammad al-Otaibi and passing military intelligence to Iran and Adbullah al-Attawi, both co-founders of the supporting protests in Qatif in the Eastern Union for Human Rights, were brought to Province, where Shi’a form a majority of the trial before the SCC. Both men were population. The prosecution sought the death presented with a list of charges related to penalty against 25 of the defendants. In their human rights work including, among December, the SCC sentenced 15 of the other things, “participating in setting up an defendants to death following an unfair trial. organization and announcing it before getting Another 15 received prison terms ranging an authorization” and “dividing national unity, from six months to 25 years, and two were spreading chaos and inciting public opinion”. acquitted. Scores of other activists and human rights In November, 13 women were put on trial defenders continued to serve lengthy prison at the SCC on charges relating to their sentences on similar charges based on their participation in protests in the city of peaceful exercise of their human rights. Buraydah. In January, security officials briefly detained human rights defender Samar ARBITRARY ARRESTS AND DETENTIONS Badawi in connection with her activities in In April, the Council of Ministers issued new campaigning for the release of her former regulations reducing the powers of the husband, the imprisoned human rights Committee for the Promotion of Virtue and lawyer Waleed Abu al-Khair. Prevention of Vice, Saudi Arabia’s religious police. In particular, the regulations barred COUNTER-TERROR AND SECURITY the religious police from making arrests and The authorities said that the security forces from following suspects and requiring the had rounded up and detained hundreds of suspects to produce identification. people they suspected of terrorism-related The authorities continued to carry out offences, including alleged supporters and numerous arbitrary arrests and held affiliates of the armed groups Islamic State detainees for prolonged periods without and al-Qa’ida, but provided few details. Some referring them to a competent court, although detainees were held in the Mohammed bin the Law of Criminal Procedures requires that Naif Counselling and Care Centre, a centre all detainees be referred to a court within six designated for “terrorists” and those months. Detainees were frequently held “following deviant thought”. incommunicado during interrogation and The US authorities transferred nine denied access to lawyers, undermining their detainees – all Yemeni nationals – from right to fair trial and putting them at their Guantánamo Bay detention facility in increased risk of torture and other ill- Cuba to Saudi Arabia in April. treatment. Human rights defenders and those who In September, security authorities expressed political dissent continued to be arbitrarily arrested human rights activist equated to “terrorists”. After being released Salim al-Maliki after he published video from al-Ha’ir prison in Riyadh where he footage on Twitter of border guards evicting served a four-year term, Mohammed al- tribal residents of the Jazan region, close to Bajadi, a human rights defender and ACPRA Saudi Arabia’s border with Yemen. He was founder was held for a further four months in held incommunicado for the first six weeks the Mohammed bin Naif Counselling and and remained in detention at the end of the Care Centre where he received weekly year. religious and psychological “counselling sessions”.

314 Amnesty International Report 2016/17 status to men in relation to marriage, divorce, TORTURE AND OTHER ILL-TREATMENT child custody and inheritance, and could not Security officials continued to torture and access higher education, take paid otherwise ill-treat detainees with impunity, employment or travel abroad without the particularly to extract “confessions” for use approval of their male guardian. Women also as evidence against them at trial. Courts remained banned from driving. frequently convicted defendants on the basis The government’s “Vision 2030” economic of contested pre-trial “confessions”. reform plan included goals to increase the The lawyer representing most of the 32 participation of women in Saudi Arabia’s defendants accused of spying for Iran said workforce from 22% to 30% and “invest” in that they were forced to “confess”. After their productive capabilities so as “to arrest, they were detained incommunicado strengthen their future and contribute to the and denied access to their families and development of our society and economy”. lawyers for three months; some were No legal reforms or other measures needed subjected to prolonged solitary confinement. to achieve these aims appeared to have been initiated by the end of the year, although the Cruel, inhuman or degrading punishment Minister of Justice ruled in May that women The authorities continued to impose and must be given a copy of their marriage administer corporal punishments that violate certificate, which is required in case of legal the prohibition of torture and other ill- disputes between spouses. The Shura treatment, particularly floggings. In February, Council debated a proposed law that, if the General Court in Abha sentenced enacted, would allow women to obtain a Palestinian poet and artist Ashraf Fayadh to passport without the approval of a male 800 lashes and eight years’ imprisonment guardian. when commuting his death sentence for In August, an online Twitter campaign apostasy on account of his writing in 2015. entitled “Saudi women demand the end of guardianship” prompted tens of thousands of DISCRIMINATION – SHI’A MINORITY women to express opposition to the system of Saudi Arabia’s Shi’a Muslim minority male guardianship. Activists reported that by continued to face entrenched discrimination September an estimated 14,000 Saudi that severely limited their access to Arabian women had signed an online petition government services and state employment calling on King Salman to abolish the system. and their freedom of religious expression. On 11 December, Malak al-Shehri was The authorities continued to arrest, detain detained and interrogated after she posted a and sentence Shi’a activists to prison terms picture of herself on social media without an or death after unfair trials before the SCC. abaya (full-length garment). She was In June, the SCC sentenced 14 members released on 16 December, but her legal of the Shi’a minority to death after convicting status remained unclear. them on charges that included shooting at security officials, inciting chaos and MIGRANT WORKERS’ RIGHTS participating in demonstrations and riots. The authorities maintained their crackdown Nine others received prison terms and one on irregular migrants, arresting, detaining was found not guilty. and deporting hundreds of thousands of migrant workers. WOMEN’S RIGHTS Tens of thousands of migrant workers were Women and girls continued to face laid off without having been paid for months, discrimination in law and in practice, and after the government cut spending on were inadequately protected against sexual contracts with construction and other and other forms of violence. Women companies. Indian, Pakistani, Filipino and remained legally subordinate and inferior in other foreign nationals were left stranded

Amnesty International Report 2016/17 315 without food, water or exit visas; some took to Amendments to the Constitution were the streets to block roads in protest. adopted following a referendum in March, including one which reduced the presidential DEATH PENALTY mandate to five years. Courts continued to impose death sentences for a range of crimes, including non-violent FREEDOM OF ASSEMBLY drugs offences which, under international The authorities banned peaceful law, should not incur the death penalty. Many demonstrations and arrested demonstrators. defendants were sentenced to death after In October, the security forces fired tear unfair trials by courts that convicted them gas to disperse a peaceful demonstration without adequately investigating their organized by the opposition. The Prefect of allegations that their “confessions” were Dakar had justified a decision to impose an coerced, including with torture. alternative route on the march on the basis of On 2 January the authorities carried out 47 a 2011 decree banning all assemblies in executions, reportedly 43 by beheading and parts of the city centre. four by shooting, in 12 locations around the country. FREEDOM OF EXPRESSION Those facing execution included juvenile Journalists and artists who expressed dissent, offenders, including four Shi’a men including through their choice of clothing, sentenced to death for participating in were subjected to intimidation, harassment protests in 2012 when they were under 18. and arbitrary detention. In February, Mamadou Mouth Bane, journalist and President of the social movement Jubanti, was detained for more SENEGAL than 12 hours at the Police Department of Republic of Senegal Criminal Investigation for comments deemed Head of state: Macky Sall “seditious” made on television in the run-up Head of government: Mohammed Dionne to a constitutional referendum. He was later released without charge. The authorities continued to restrict the In June, rapper Ramatoulaye Diallo, also rights to freedom of peaceful assembly and known as Déesse Major, was detained for expression. Prisons remained overcrowded. three days and charged with Although several police officers were “indecency” and “offending moral principles” convicted of unlawful killings, impunity for her choice of clothing in videos posted on remained a concern. Men and women faced social media. All charges were dropped and arrest because of their real or perceived she was released. sexual orientation. Despite efforts to reduce At least two people were detained in Dakar the number of children begging on the for insulting religion. streets, impunity for child exploitation and child abuse persisted. COUNTER-TERROR AND SECURITY The National Assembly adopted amendments BACKGROUND to the Criminal Code and the Code of In May the capital, Dakar, hosted the Criminal Procedure which could be used to Extraordinary African Chambers which stifle dissent. The amendments provide sentenced former Chadian President Hissène vague and broad definitions of terrorism- Habré to life imprisonment after he was related offences, criminalize the production found guilty of crimes against humanity, war and dissemination of “immoral material” crimes and torture committed in Chad online and empower the authorities to restrict between 1982 and 1990. access to “illicit content” online.

316 Amnesty International Report 2016/17 Amendments to the Code of Criminal In June, a policeman who shot Bassirou Procedure violated the right to personal Faye during a peaceful demonstration at the liberty by extending to 12 days the period University Cheikh Anta Diop in Dakar in that people can be detained before appearing August 2014 was found guilty of murder and before a judge in terrorism-related cases. The sentenced to 20 years’ hard labour and amendments also undermined the right to ordered to pay damages to Bassirou Faye’s fair trial by failing to provide that people family. should have access to a lawyer as soon as In June, a policeman was sentenced to they are deprived of their liberty. two years’ imprisonment in connection with At least 30 people were in detention for the killing of Ndiaga Ndiaye, also known as terrorism-related offences. Several detainees Matar Ndiaye, who died after being shot in raised concerns about the conditions of their the leg during a police operation in 2015. arrest and detention. For example, Imam In July, four policemen were convicted of Ndao, who remained in pre-trial detention the killing of Ibrahima Samb in 2013 and throughout the year on various charges sentenced to 10 years’ hard labour. Ibrahima including “acts of terrorism” and “glorifying Samb suffocated after the officers locked him terrorism”, was only allowed out of his cell for in the trunk of a car for over 16 hours. 30 minutes a day. DISCRIMINATION – PRISON CONDITIONS AND SEXUAL ORIENTATION DEATHS IN CUSTODY At least seven men and one woman were Prisons remained overcrowded. Some 2,090 detained in relation to their perceived sexual people were held in Rebeuss Prison in Dakar, orientation. which has a maximum capacity of 1,600. In January, the Dakar Court of Appeal At least six people died in custody in 2016, acquitted seven men of “acts against including a prison guard who was shot during nature.” They had been arrested in July 2015 a mutiny at Rebeuss Prison in September. and sentenced in August 2015 to 18 months’ Forty-one others were wounded, including 14 imprisonment with 12 months suspended. prison guards. CHILDREN’S RIGHTS IMPUNITY In July, the government launched an After protracted legal proceedings, there were operation to remove children from the streets. breakthroughs in four cases of unlawful However, the authorities continued to fail to killings by the security forces. However, no fully implement laws criminalizing child commanding officers were held to account exploitation and abuse, with few cases for failing to prevent excessive use of force investigated or prosecuted. and no one was brought to justice for the dozens of other cases of torture, unlawful killings and deaths in custody since 2007. In January, the driver of the police vehicle SERBIA that killed student Mamadou Diop during a Republic of Serbia, including Kosovo peaceful pre-election demonstration in 2012 Head of state: Tomislav Nikolić was sentenced to two years’ imprisonment Head of government: Aleksandar Vučić and fined for “assault causing death” and “intentional assault and battery.” The co- Pro-government media continued to smear driver was sentenced to three months’ independent journalists and human rights imprisonment for “failure to prevent a crime defenders, as well as the Ombudsperson’s against physical integrity”. The court also Office. Prosecutions of crimes under ordered the two policemen to pay damages to international law committed during the Mamadou Diop’s relatives. armed conflict in the 1990s remained

Amnesty International Report 2016/17 317 stalled. Several forced evictions took place in Belgrade. Refugees and migrants HOUSING RIGHTS stranded in Serbia on their way to the EU More than 200 families had been evicted in lacked access to protection and essential central Belgrade since the beginning of works services. in 2015 making way for the construction of the Belgrade Waterfront site. In April, a BACKGROUND forced eviction was carried out at night by 30 Early elections in April increased the majority masked men, who violently destroyed of the Serbian Progressive Party led by Prime residents’ homes. Local police were alerted Minister Aleksandar Vučić, who retained his but refused to intervene. The Ombudsperson position as head of government. and activist groups condemned these acts; several protests were held calling for the CRIMES UNDER INTERNATIONAL LAW municipal and state authorities to be held Prosecutions of war crimes and crimes accountable. The Minister of the Interior against humanity continued to stall as the subsequently sued a newspaper for position of chief war crimes prosecutor defamation for alleging that he and the remained vacant throughout the year. In Ministry were responsible for failing to act March, the Prosecutor’s Office confirmed the during the demolitions. In late November, the indictment of eight former members of the court upheld the allegations and ordered the Special Brigade of the Ministry of the Interior newspaper to pay the minister compensation of Republika Srpska, the ethnic Serb party to of RSD 300,000 (€2,400). the war in Bosnia, for war crimes committed Following her mission to Serbia the UN against civilians in Srebrenica in 1995. Special Rapporteur on the right to adequate Also in March, the International Criminal housing highlighted the deplorable situation Tribunal for the former Yugoslavia acquitted of people, in particular Roma, living in Vojislav Šešelj, President of the Serbian informal settlements without access to Radical Party. He had been indicted on three essential services. As well as calling for a counts of crimes against humanity housing law to prohibit forced evictions and (persecution, deportation and inhumane acts an end to discrimination, the Special of forcible transfer) and six counts of war Rapporteur stressed the need to prioritize crimes (murder, torture and cruel treatment, addressing insecure tenure and the lack of wanton destruction, destruction or wilful access to public services for those without a damage done to institutions dedicated to registered residence. religion or education and plunder of public or A draft law regulating evictions and private property). The prosecution lodged an resettlement was passed at the end of the appeal which was pending at the end of the year. year. Following the April elections, Vojislav Šešelj returned to the National Assembly. REFUGEES’ AND MIGRANTS’ RIGHTS Over 120,000 refugees and migrants FREEDOM OF EXPRESSION travelled through Serbia on their way to the Proceedings against Radomir Marković, EU. This significant decrease compared to former head of state security, and three 2015 was in part due to the closure of former security service officers for the murder borders to irregular migrants in the south and in April 1999 of journalist Slavko Ćuruvija north. Serbia’s refusal to provide beds to were stalled as a key witness failed to appear accommodate more than 6,000 people on at court. the move at any one time resulted in Independent journalist associations thousands being stranded in informal registered dozens of incidents targeting makeshift camps in appalling conditions at journalists, including physical assaults and the border with Hungary, in derelict buildings death threats. and parks in Belgrade and other locations

318 Amnesty International Report 2016/17 across the country. Infections and serious its northern neighbour, Hungary. Thousands diseases among refugees and migrants were returned by the Hungarian authorities despite reported by volunteer groups and medical the suspension remained stranded in Serbia organizations. without legal status or access to basic In November, the Ministry of Labour and services. Employment, which is responsible for Over 12,000 asylum applications were organizing accommodation and care for submitted between January and the end of refugees and migrants, informed groups the year, but only 74 decisions were issued providing support that they should cease all by the end of October: 17 applicants were activity outside the formal reception centres, granted refugee status and 17 were given which were overcrowded and mostly subsidiary protection while 40 asylum unsuitable for long-term accommodation. applications were rejected. Almost half of all Many refugees and migrants were asylum applications were filed by children. subsequently evicted and returned to the south, where they remained at risk of KOSOVO unlawful and summary return to the former A Stabilization and Association Agreement Yugoslav Republic of Macedonia and to between the EU and Kosovo entered into Bulgaria. force in April. In November, the first Council Serbia failed to provide access to a fair and between the two parties was held, paving the individualized asylum process for the vast way for Kosovo’s future accession to the EU. majority of registered asylum-seekers, The de facto administration of Kosovo including refugee status determination continued to be implemented by the Kosovo procedures, and considered itself to be a authorities jointly with the EU Rule of Law country of transit towards the EU. Serbian Mission (EULEX). Progress in the EU- asylum authorities allowed most asylum- facilitated dialogue between Serbia and seekers to remain in accommodation centres Kosovo remained limited. while waiting to enter Hungary on the basis of an informal waiting list co-ordinated between Access to justice the asylum-seekers and the Serbian and In June, the Human Rights Advisory Panel Hungarian authorities respectively. Some of (HRAP) of the UN Mission in Kosovo the nominally open accommodation centres (UNMIK) issued a scathing final report, restricted the free movement of asylum- condemning the UN mission for its overall seekers and were effectively places where failure to ensure accountability for human people were being arbitrarily detained. rights violations committed under UNMIK’s International border police patrols mandate and for failing to follow any of its operated at the borders with Macedonia and recommendations. Bulgaria from 22 July onwards. This dramatically reduced the number of refugees Crimes under international law and migrants arriving in Serbia. According to The mandate of EULEX was extended until the Ministry of Defence, by the end of June 2018. However, the EU Rule of Law November, over 16,000 people had been Mission announced it would not launch new prevented from entering the country. The investigations into cases of crimes under authorities failed to deploy adequately trained international law. At the end of the year, civilian personnel along with border guards in hundreds of pending cases were due to be a systematic way to ensure that the intention transferred to the Kosovo authorities despite to claim asylum could be declared at the the European Commission declaring the border, as required by Serbian and Kosovo judiciary “slow” and “vulnerable to international law. undue political influence”. The Serbian authorities upheld the The Kosovo Special Prosecution Office suspension of a re-admission agreement with remained understaffed and struggled to

Amnesty International Report 2016/17 319 recruit adequately trained and experienced inhuman and degrading treatment, failed to prosecutors to investigate and prosecute respect their rights to respect for private and crimes under international law and to launch family life and to health and discriminated new investigations. against them on the grounds of their ethnic The Kosovo Specialist Chambers, a background. The HRAP found the UN action relocated special court to prosecute former to have been particularly detrimental for members of the Kosovo Liberation Army women and children who were exposed to (KLA), was set up in The Hague. At the end multiple discrimination. It called on UNMIK of the year, the first indictments by the to publicly acknowledge the failure to comply Specialist Prosecutor had yet to be issued. with human rights standards and, among The Council of the EU allocated €29 million other measures, to pay adequate to support the setting up and functioning of compensation to the families. By the end of the relocated judicial proceedings between the year, UNMIK had not implemented the April 2016 and June 2017. HRAP’s recommendations. In January, Oliver Ivanović, leader of a Kosovo Serb political party, was sentenced by a panel of international judges at the Basic Court of Mitrovicë/Mitrovica to nine years’ SIERRA LEONE imprisonment for ordering the murder of Republic of Sierra Leone ethnic Albanians in the town in April 1999. Head of state and government: Ernest Bai Koroma He remained under house arrest at the end of the year while his appeal against his conviction was pending before the Court of Sierra Leone agreed to ratify several Appeals in Pristinë/Pristina. international human rights treaties, but did not accept a number of recommendations Enforced disappearances made during the UN Universal Periodic Over 1,600 people remained missing in the Review (UPR) process. Unwarranted aftermath of the armed conflict. No further restrictions on the freedoms of expression, grave sites were identified in Serbia or Kosovo peaceful assembly and association despite exhumations at potential mass continued to be imposed. Violence against graves. Co-operation agreements between women and girls was widespread and the two parties remained unimplemented. pregnant girls were excluded from school, including exams. Disputes over land use Discrimination – Roma, Ashkali and Egyptians caused growing tensions. Roma, Ashkali and Egyptian communities continued to suffer institutional INTERNATIONAL SCRUTINY discrimination, in particular in accessing After undergoing its second UPR in April, sustainable solutions for housing and Sierra Leone accepted 177 of 208 employment, as internally displaced persons recommendations.1 These included ratifying (IDPs). These communities continued to live international human rights treaties, such as in overcrowded conditions in informal Optional Protocols to the ICCPR, the ICESCR, settlements without adequate access to water the Convention against Torture and CEDAW. and other essential services. Sierra Leone agreed to repeal or revise laws In February, the HRAP issued its opinion used to restrict freedom of expression and on a complaint brought to it by Roma, association, but refused to prohibit by law Ashkali and Egyptian families who had female genital mutilation (FGM), to allow suffered lead poisoning in a UN-run camp for pregnant girls to attend school or to IDPs in the northern town of Mitrovicë/ guarantee the human rights of lesbian, gay, Mitrovica. The HRAP found that the UN bisexual, transgender and intersex people.2 Mission had subjected the families to In September, Sierra Leone was reviewed by

320 Amnesty International Report 2016/17 the Committee on the Rights of the Child, offences such as arson and riotous conduct. which made various recommendations The recently formed Independent Police regarding addressing sexual exploitation and Complaints Board launched an investigation FGM. into allegations that police used excessive force. Its recommendations to the Director of FREEDOMS OF EXPRESSION, ASSEMBLY Public Prosecutions and the Inspector AND ASSOCIATION General of Police were not made public. Unwarranted restrictions on freedom of NGO Policy Regulations were proposed expression, assembly and association containing provisions which human rights continued to be imposed. defenders said would restrict their activities. On 27 April, Independence Day, 29 people were arrested and detained for over a week WOMEN’S RIGHTS following a parade organized by the The incidence of violence against women and opposition Sierra Leone People’s Party girls remained high. Specialist organizations (SLPP). Police said the parade was providing support to women and girls risked unauthorized and used tear gas to stop it. closure due to funding constraints. Several people were injured, including the In March, President Koroma refused to women’s leader Lulu Sheriff. In August, six of sign a bill legalizing abortion in certain the 29 were sentenced to six months’ situations, despite the fact that it had been imprisonment, and one to nine months’ adopted by Parliament twice.3 imprisonment, on charges including unlawful Sierra Leone had a very high rate of FGM. procession and riotous conduct. They During the Ebola crisis, FGM was banned appealed against their conviction. The trial of and this ban was not officially lifted during the others continued. 2016. However, FGM of young girls and The trial of 15 members of the SLPP and a women remained common. senior officer from the Human Rights In September, a woman in her late 20s Commission arrested in the town of Kenema was subjected to FGM and locked in a house on Independence Day in 2015 following a for four days in Kenema. She was rescued by protest had not concluded by the end of the police and went into hiding. The woman 2016. accused of cutting her was detained by In July, police refused permission for police but released after several cutters women’s groups to assemble outside a mounted a protest outside the police station. conference centre in the capital, Freetown, during the Constitutional Review process to RIGHT TO EDUCATION request greater protection of gender rights in Pregnant girls were banned from attending the draft Constitution. mainstream school and sitting exams, in On 24 July, journalist Sam Lahai was violation of their rights to education and non- detained for two days by police after raising discrimination. Pregnant girls could only questions on social media about the role of participate in a part-time “temporary the Deputy Internal Affairs Minister. He was alternative education scheme” offering a released on police bail after intervention by reduced curriculum. This temporary scheme the Sierra Leone Association of Journalists, ended in August but was expected to which had been calling for reform of continue under a new scheme. Many girls restrictive criminal libel laws for many years. who had given birth were unable to pay In August, two people were shot dead and school fees to return to school.4 several injured by police in Kabala during a In September, the UN Committee on the protest against the loss of a planned youth Rights of the Child urged Sierra Leone to training centre. A curfew was imposed after immediately lift the discriminatory ban on several buildings were burned down. pregnant girls attending mainstream schools Seventeen people were sent to trial for and sitting exams, and ensure that they and

Amnesty International Report 2016/17 321 adolescent mothers are supported to continue their education in mainstream FREEDOMS OF EXPRESSION AND schools.5 ASSEMBLY Political activists, bloggers and government LAND DISPUTES critics faced prosecution and other reprisals There were growing tensions over land- for the peaceful exercise of their rights to related issues. In February, six people were freedom of expression and of peaceful sentenced to six months’ imprisonment or assembly. fines for destroying palm oil trees during There were concerns that the protests in the Pujehun District in 2013 Administration of Justice (Protection) Act, against a palm oil project operated by Socfin. passed in August, could target human rights Landowners claimed that they had not given defenders for criticizing the courts or the consent to the acquisition of their land. administration of justice. Punishments for In February, the High Court ordered a contempt of court offences included up to Chinese company, Orient Agriculture Limited, three years’ imprisonment and fines of up to to restore 1,486 acres of land to about 70 SG$100,000 (US$70,000). families in Nimiyama Chiefdom, Kono In June, blogger and political activist Han District. The company had signed a deal in Hui was convicted of illegal assembly and 2013 with the Paramount Chief and local “causing a public nuisance”; this prevented leaders to purchase land cheaply without the her from running in parliamentary elections. knowledge of the landowners. She was fined SG$3,100 (US$2,281), for leading a peaceful protest in 2014 in Hong Lim Park, the only space where people were 1. Sierra Leone: Amnesty International Submission to the UN Universal Periodic Review (AFR 51/2905/2015) permitted to demonstrate without a police 1 2. Sierra Leone must protect and promote women’s and girls‘ human permit. She appealed the decision. rights, including to education and physical integrity (AFR Also in June, political activists Roy Ngerng 51/4353/2016) and Teo Soh Lung were subjected to hours of 3. Sierra Leone: Sign bill allowing safe abortions (News story, 4 investigation for Facebook postings on a by- February) election “cooling off” day, which prohibits 4. Sierra Leone: Continued pregnancy ban in schools and failure to campaigning on the eve of elections.2 protect rights is threatening teenage girls’ futures (News story, 8 In September, Amos Yee, a teenage November) blogger, was sentenced to six weeks’ 5. Sierra Leone: Submission to the Committee on the Rights of the Child imprisonment for uploading videos in which (AFR 51/4583/2016) he allegedly “wounded the religious feelings of others”.3 There were concerns that a decision by SINGAPORE the Court of Appeal to prohibit human rights lawyer M. Ravi from practising law for a Republic of Singapore further two years, may have been politically Head of state: Tony Tan Keng Yam motivated. Head of government: Lee Hsien Loong DEATH PENALTY The authorities continued to harass and Death sentences continued to be imposed prosecute bloggers and dissidents. Media and carried out. In June, Kho Jabing, a remained heavily regulated through the Malaysian national convicted of murder, was Newspaper and Printing Presses Act. executed hours after his final appeal was Judicial caning and the death penalty rejected. The mandatory death penalty continued to be applied. remained applicable for a range of offences, some of which did not meet the threshold of

322 Amnesty International Report 2016/17 “most serious crimes” under international 1 July, Slovakia assumed the rotating six- law. month Presidency of the Council of the EU. COUNTER-TERROR AND SECURITY DISCRIMINATION – ROMA Concerns remained about the Internal Police and security forces Security Act (ISA) which allows the detention There was concern over the continued lack of of suspects without trial for indefinitely effective investigation and lengthy renewable two-year periods. Fifty-eight proceedings in several cases of excessive use people were said to have been detained of force by police against Roma. In July, the under the ISA since January 2015. European Court of Human Rights (ECtHR) found that Slovakia had failed to RIGHTS OF LESBIAN, GAY, BISEXUAL, adequately investigate allegations of police ill- TRANSGENDER AND INTERSEX PEOPLE treatment of a Roma man in detention in Section 377A of the Penal Code, which 2010. criminalizes consensual sexual relations In August, the government announced that between men, remained. In June, the Home the Law on Police would be amended to Affairs Ministry called on corporate sponsors move the Department of Control and to rescind sponsorship of the Pink Dot Inspection Service (SKIS) under the festival, an annual LGBTI gathering. Prosecutor General’s office – rather than it being under the Ministry of Interior – in order to increase SKIS’ independence. However, a 1. Singapore: End harassment of peaceful protesters (ASA 36/4342/2016) fully independent and transparent police 2. Singapore: Government critics, bloggers and human rights defenders accountability mechanism was not in place at penalized for speaking out (ASA 36/4216/2016) the end of the year. 3. Singapore: Blogger faces up to three years in prison (ASA Several investigations into police ill- 36/4685/2016) treatment of Roma were pending at the end of the year. In November, the investigation by the SKIS into the alleged excessive use of force by police during an operation in the SLOVAKIA Roma settlement of Vrbnica in April 2015 Slovak Republic resulted in criminal charges being brought Head of state: Andrej Kiska against the police officer who led the raid. Head of government: Robert Fico However, the SKIS found that there was insufficient evidence to charge other police Discrimination against Roma continued and officers involved; the decision was appealed little progress was made towards realizing by the Roma families in December. Roma pupils’ right to education. Slovakia SKIS’ investigation into police officers’ continued to be the subject of a race conduct during an operation in the Roma equality infringement procedure by the settlement at Moldava nad Bodvou in June European Commission. 2013 was discontinued in March 2016. The victims, supported by the European Roma BACKGROUND Rights Centre and the Centre for Civil and In March, Prime Minister Fico’s party, Human Rights, appealed against this Direction-Social Democracy, won the decision; the case was pending before the parliamentary elections, while losing its Constitutional Court at the end of the year. overall majority, and formed a four-party Following the Public Prosecutor’s appeal, coalition government. The far-right party, the acquittal of 10 police officers accused of People’s Party – Our Slovakia, entered ill-treatment of six Roma boys at a police Parliament for the first time with 14 seats. On station in Košice in 2009 was quashed in

Amnesty International Report 2016/17 323 April and the case sent back to the District Court. COUNTER-TERROR AND SECURITY Anti-terrorism provisions introduced into the Right to education Constitution, the Criminal Code and the An amendment to the Schools Act prohibiting Criminal Procedure Code, as well as several the placement of children from socially other laws, came into force in January. They disadvantaged backgrounds in “special” include the extension of the maximum period schools solely based on their socioeconomic of pre-charge detention to 96 hours for background came into force in January. individuals suspected of terrorism-related However, Roma children continued to be offences. over-represented in “special” schools and classes for children with “mild mental REFUGEES AND ASYLUM-SEEKERS disabilities” and were placed in ethnically Despite placing “sustainable migration” high segregated mainstream schools and classes. on its agenda during its EU presidency, Despite ongoing infringement proceedings, Slovakia continued to oppose mandatory initiated by the European Commission in relocation quotas for refugees from other EU 2015 against Slovakia for breaching the member states but expressed a willingness to prohibition of discrimination set out in the EU accept 100 refugees from Greece and Italy Racial Equality Directive in relation to the by the end of 2017 on a voluntary basis. Only access to education of Roma, there was no three families were relocated from Greece by evidence of the government taking any the end of the year. effective measures to prevent or tackle the issue. This was highlighted by the European DISCRIMINATION Commission in its annual assessment of In August, the Slovak National Centre for Roma integration plans, as well as by the UN Human Rights and the State Trade Committee on the Rights of the Child. Inspectorate concluded that the owners of a A public interest case, initiated in 2015 by guesthouse in Bratislava discriminated the Centre for Civil and Human Rights against three Turkish students. The owners against the Ministry of Education and the had rejected their booking request based on municipality of Stará Ľubovňa for the a policy of “not accepting people from Turkey segregation of Roma children at a primary or Arab countries due to security reasons”. school, was dismissed by the District Court in Prime Minister Fico continued to publicly Bratislava on 6 October 2016. The Centre associate Muslims and refugees with appealed against the decision; the case was terrorism and used anti-migrant rhetoric. The pending at the end of the year. People’s Party – Our Slovakia organized anti- Roma and anti-immigration marches in Forced sterilization January, March, June, July and October. In February, the Košice II District Court ruled that the Louis Pasteur University Hospital in Košice unlawfully subjected a Roma woman to a forced sterilization in 1999. The woman SLOVENIA had been subjected to the procedure without Republic of Slovenia her informed consent after giving birth Head of state: through a caesarean section. It took Slovak Head of government: Miro Cerar courts over 10 years to conclude the case and award the victim €17,000 in Asylum procedures were slow. The compensation. An appeal by the hospital was International Protection Act was amended pending at the end of the year. to introduce expedited border procedures. Discrimination against Roma continued.

324 Amnesty International Report 2016/17 discrimination – as an independent anti- REFUGEES AND ASYLUM-SEEKERS discrimination body. Before the closure of the Western Balkans route in March, 99,187 refugees and The “erased” migrants entered Slovenia; the vast majority Long-standing human rights violations of them passed through on their way to against the “erased” − former permanent Austria. 1,308 people – most of them Syrian, residents of Slovenia originating from other Afghan and Iraqi nationals – applied for former Yugoslav republics − persisted. No asylum. After the closure of the Western new options were offered to the remaining Balkans route, those who entered Slovenia “erased” to restore their legal status and and did not apply for asylum, including related rights since the expiry of the Legal minors, were detained in the Centre for Status Act in 2013. Foreigners in Postojna. In July, the authorities In November, the European Court of offered alternative accommodation for Human Rights (ECtHR) dismissed the unaccompanied minors. complaint against Slovenia of some of the The asylum procedures were slow, partly “erased” whose legal status had already been as a result of the authorities’ limited capacity regulated. However, additional human rights to process applications. Throughout the year, issues of the “erased” remained pending more than 100 asylum-seekers, including before the ECtHR at the end of the year. unaccompanied minors, waited for first instance decisions for more than six months. Roma In March, the National Assembly amended Discrimination against and social exclusion of the International Protection Act, introducing the majority of Roma continued. Many were expedited asylum procedures for those who living in segregated settlements in inadequate expressed the intention to apply for asylum at housing, lacking security of tenure and Slovenia’s border or in transit areas at access to water, electricity, sanitation and airports or ports. The law also removed the public transport. After the expiry of the right to financial assistance of €288 in the National Action Programme for Roma first month after international protection has inclusion in 2015, the government started a been granted. process of adopting a new set of measures. Slovenia received 124 asylum-seekers The government had yet to adopt a relocated from Greece and Italy under the EU comprehensive national Roma Strategy as relocation scheme by the end of the year, out recommended by the parliamentary of a total of 567 asylum-seekers it had commission for human rights. committed to accept by the end of 2017. RIGHTS OF LESBIAN, GAY, BISEXUAL, DISCRIMINATION TRANSGENDER AND INTERSEX PEOPLE In April, the National Assembly passed the In April, Parliament adopted the Law on Protection against Discrimination Act, Partnerships. The new law offers same-sex harmonizing legislation with EU anti- couples the same rights as those originating discrimination law. The law represented a from marriage, but fails to guarantee the right milestone in combating discrimination based to adopt and to access assisted reproductive on gender identity, gender expression, social services procedures. status or health, among other things. The law strengthened the mandate and autonomy of LEGAL, CONSTITUTIONAL OR the Advocate of the Principle of Equality – a INSTITUTIONAL DEVELOPMENTS special post designed to prevent and In November, the Constitution was amended eliminate discrimination including by hearing to include the right to drinking water. cases and offering assistance to victims of According to the amendment, water resources are to be used primarily to supply

Amnesty International Report 2016/17 325 the population with drinking water and administrations in Galmudug, Jubbaland and households with water. The Constitution South-West states. AMISOM and the Somali stated that those water resources could not National Armed Forces (SNAF) fought be transformed from a public good into intermittent battles with al-Shabaab but a tradeable commodity. control of territory did not change. By the end of 2016, al-Shabaab still controlled many rural areas, especially in Bay, Gedo, Lower Shabelle and Middle Juba regions. The SOMALIA fighting displaced more people. Inter-clan Federal Republic of Somalia clashes and al-Shabaab attacks against Head of state: Hassan Sheikh Mohamud civilians continued, particularly in districts Head of government: Omar Abdirashid Ali Sharmarke where control repeatedly shifted between Head of Somaliland Republic: Ahmed Mohamed AMISOM and al-Shabaab. Civilians were Mahamoud Silyano killed and wounded in crossfire and targeted attacks, and as a result of grenades, Armed conflict continued in central and improvised explosive devices (IEDs), suicide southern Somalia between Somali Federal attacks and complex assaults. All parties to Government (SFG) forces, African Union the conflict committed war crimes. Mission in Somalia (AMISOM) UN Security Council Resolution 2275, peacekeepers, and the armed group al- passed in March, extended the mandate of Shabaab. The areas controlled by SFG and the UN Assistance Mission in Somalia AMISOM forces in the south-central regions (UNSOM) until 31 March 2017, while remained in their hands. More than 50,000 Resolution 2297, passed in July, extended civilians were killed, injured or displaced as the mandate of AMISOM until 31 May 2017. a result of the armed conflict and International support for government security generalized violence. All parties to the forces, allied militias and AMISOM continued. conflict were responsible for violations of As a result of pressure for accountability, nine human rights and international Ugandan soldiers serving under AMISOM humanitarian law, some amounting to war were sentenced to imprisonment for violating crimes. There was no accountability for the rules and regulations of peacekeeping. these violations. Armed groups continued to An acute humanitarian situation persisted conscript children, and abduct, torture and and it was feared that the return of Somalis unlawfully kill civilians. Rape and other from neighbouring countries would crimes of sexual violence were widespread. exacerbate the crisis. At least 4.7 million The continuing conflict, insecurity and people (40% of the population) needed restrictions imposed by the warring parties support; most vulnerable were the more than hampered aid agencies’ access to some 1.1 million internally displaced persons regions. About 4.7 million people needed (IDPs). humanitarian assistance; 950,000 suffered A political crisis emerged over the electoral from food insecurity. Tens of thousands of colleges for parliamentary and presidential people were forcibly evicted from their elections due in September and October homes. Freedom of expression was respectively. A forum set up by political curtailed: two journalists were killed and leaders eventually agreed that 275 electoral others were attacked, harassed or fined. colleges, each comprising 51 delegates selected by clan elders, would each elect an BACKGROUND MP. Elections were scheduled for the lower The SFG and AMISOM remained in control of and upper houses of Parliament in the capital, Mogadishu. They also retained September and October respectively, but areas taken from al-Shabaab in 2015 and were twice postponed. Meanwhile, al- consolidated their control through the federal Shabaab rejected all forms of election,

326 Amnesty International Report 2016/17 intensified attacks and called on followers to fired mortars into densely populated areas of attack polling venues and kill clan elders, Mogadishu; five loud explosions were heard government officials and MPs taking part in but no deaths were reported. On 6 August, the elections. al-Shabaab fired mortar shells into a neighbourhood near the general hospital in ABUSES BY ARMED GROUPS Baidoa, killing one man and injuring six Indiscriminate attacks others. Al-Shabaab carried out indiscriminate and In addition, al-Shabaab continued to lethal attacks in heavily guarded areas of torture and extrajudicially kill people they Mogadishu and other towns, killing or injuring accused of spying or not conforming to its hundreds of civilians. High-profile targets interpretation of Islamic law. The group killed remained vulnerable to such attacks. It was people in public, including by beheading and difficult to establish the total number of stoning, and carried out amputations and civilians killed because there was no reliable floggings, especially in areas from which casualty tracking system. AMISOM had withdrawn. On 19 January, al- An al-Shabaab attack on Beach View Hotel Shabaab killed a man in Kurtuwary district and Lido Seafood restaurant at Lido beach in after accusing him of witchcraft. On 20 May, Mogadishu on 21 January killed at least 20 al-Shabaab beheaded three men in Buur people. A suicide car bomb attack at a police Hakaba district in Bay region after accusing station in Mogadishu on 9 March killed at them of spying for the federal government. least three people. A suicide bomb attack on On 17 August, al-Shabaab publicly killed a a restaurant near a local government building man by firing squad in Biyoley settlement, in Mogadishu on 9 April killed at least four near Baidoa, after accusing him of spying for people and wounded seven. A suicide car the federal government. bomb attack at Mogadishu’s traffic police Clan and government-aligned militias headquarters on 9 May killed at least five continued to carry out extrajudicial killings, people. An al-Shabaab attack on Nasa extortion, arbitrary arrests and rape. On 7 Hablod Hotel in Mogadishu on 26 June killed August, a clan militia in Qansax Dheere at least 15 people and injured more than 20. district in Bay region fired mortar shells at Clashes between al-Shabaab fighters and civilians, killing three. In August, several SNAF in Bay region on 18 July killed 14 civilians were killed during clan clashes in civilians caught in the crossfire. Two car Bay region. explosions on 26 July outside a UN office in Mogadishu killed at least 10 people, both CHILD SOLDIERS civilians and security officers. Two suicide Children continued to suffer grave abuses by attacks on the local government all parties to the armed conflict. Somalia is a headquarters in Galkayo in Puntland (a semi- party to the UN Convention on the Rights of autonomous region in the northeast) on 21 the Child but the federal government had yet August killed at least 20 civilians. An al- to implement the two action plans it signed in Shabaab attack on Banadir Beach 2012 to end the recruitment and use of child Restaurant at Lido beach in Mogadishu on soldiers, as well as the killing and maiming of 26 August killed at least 10 civilians. A truck children. explosion outside SYL Hotel in Mogadishu In June, UNICEF stated that it believed near the presidential palace on 30 August there were up to 5,000 child soldiers in killed at least 15 people and injured 45. Somalia, mostly recruited by al-Shabaab and clan militias. Targeting of civilians Civilians were also directly targeted in attacks, especially by al-Shabaab fighters and clan militias. On 15 June, al-Shabaab fighters

Amnesty International Report 2016/17 327 unidentified gunmen shot dead Sagal Salad INTERNALLY DISPLACED PEOPLE, Osman, a journalist for state-run radio and REFUGEES AND ASYLUM-SEEKERS television. On 27 September in Mogadishu, More than 1.1 million Somalis remained two assailants shot dead Abdiasis Mohamed internally displaced. Most continued to settle Ali of Radio Shabelle. Several media houses along the Afgooye corridor between were closed. On 9 July, police raided the Mogadishu and Afgooye town. Intermittent premises of City FM, shut down the radio clashes between SNAF and its AMISOM allies station and arrested the editor-in-chief, and al-Shabaab disrupted trade in various Abdishakur Abdullahi Ahmed, and deputy regions. While SNAF and AMISOM forces editor-in-chief, Abdirahman Hussein Omar controlled major towns, al-Shabaab blocked Wadani. They also confiscated radio supply routes and taxed the civilian equipment. On 13 August, police in population in districts that it controlled. Beledweyn region detained a freelance Continued conflict threatened to exacerbate journalist, Ali Dahir Herow. Al-Shabaab the dire humanitarian situation. continued to suppress the media and In January, the federal parliament passed retained a ban on the internet in areas under a law to protect and rehabilitate IDPs and its control. Somali refugees, but implementation of it was In Somaliland, which lacks a functioning slow. Over 1.1 million Somali refugees media law to protect journalists, media remained in neighbouring countries and the freedom was also restricted. The government wider diaspora. As violence intensified in curtailed freedom of expression of those who Yemen, Somalis who had fled there criticized its policies. By October, nine continued to return to Somalia. By the end of journalists had been arrested in relation to the year, over 30,500 Somalis had done so. their work, seven of whom faced criminal Meanwhile, other host states, including cases in courts. On 25 May, Ahmed Mouse Denmark and the Netherlands, put pressure Sakaaro, a journalist based in Burao, was on Somali asylum-seekers and refugees to arrested and charged with inciting violence. return to Somalia on the grounds that In June, police officers arrested the publisher security had improved in the country. of the independent Foore newspaper, Abdirashid Abdiwahaab Ibraahim, and the HOUSING RIGHTS – FORCED EVICTION editor-in-chief, Mohamed Mahamoud Yousuf, Forced evictions of IDPs and the urban poor for covering an agreement on the remained a major problem, especially in management of Berbera port between the Mogadishu. The government and private Somaliland government and a private landowners forcibly evicted nearly 31,000 company based abroad. Also in May, two people in Deynile, Dharkeinly, Hamar Weyne, journalists – Cabdirashid Nuur Wacays and Heliwa, Hodan, Kaxda and Wardhigley Siciid Khadar, publisher and editor-in-chief of districts of Mogadishu in the first half of the Hubsad newspaper respectively – were year. Over 14,000 people were forcibly arrested and the newspaper was closed evicted in January alone. The majority of down. In addition, the government those evicted moved to insecure and isolated suspended publication of Haartif newspaper, locations on the outskirts of the capital, a court revoked its licence and the police where social services were limited or non- occupied its premises. existent and living conditions were deplorable. DEATH PENALTY Somalia continued to use the death penalty FREEDOM OF EXPRESSION despite its support for the UN General Journalists and media workers continued to Assembly resolution on a moratorium on the be intimidated, harassed and attacked. Two death penalty. Few executions were reported, journalists were killed. On 4 June, but the Military Court did sentence people to

328 Amnesty International Report 2016/17 death in proceedings that fell short of From July, widespread and often violent international fair trial standards. Among those student protests demanded free tertiary sentenced to death was a former journalist education. The protests followed the accused of helping al-Shabaab to kill five government’s announcement of fee increases fellow reporters. On 14 August, a military of up to 8% for the 2017 academic year. court in Puntland ordered the execution of an Courts affirmed the independence of state army officer by firing squad in Garowe city. It oversight institutions. On 31 March, the was not known whether the execution was Constitutional Court backed the findings of carried out. the Office of the Public Protector’s inquiry In Somaliland, six prisoners at the into non-security upgrades at the President’s Mandera maximum security complex were personal residence, requiring him to pay executed in January. On 25 July, a civilian back the public funds used. On 6 September, court in Berbera sentenced eight men to the Constitutional Court ruled that the Police death. Civilian courts continued to impose Minister’s decision to suspend Robert death sentences and at least 50 people were McBride, Executive Director of the on death row at the end of the year. Independent Police Investigative Directorate (IPID), under the IPID Act was unconstitutional. In November, charges of fraud against Robert McBride were SOUTH AFRICA withdrawn. Republic of South Africa Head of state and government: Jacob G. Zuma EXCESSIVE USE OF FORCE In response to the student protests, police sometimes used excessive force, including Police used excessive force against firing rubber bullets at close range at protesters. Torture, including rape, and students and supporters when the use of other ill-treatment of people in police force was neither necessary nor custody continued to be reported. proportionate. Xenophobia and violence against refugees, On 11 December, President Zuma asylum-seekers and migrants resulted in announced steps taken by departments to deaths, injuries and displacement. Women implement the recommendations of the and girls, particularly those in marginalized Farlam Commission of Inquiry into the police communities, continued to face gender killings of striking miners in Marikana in inequality and discrimination. Lesbian, gay, 2012. These included revising the protocols bisexual, transgender and intersex (LGBTI) governing the use of force, the launch on 15 people were subjected to discrimination and April of a ministerial task force to ensure the hate crimes, including killings. Human psychological and physical fitness of police rights defenders were attacked. officers, and the setting up on 29 April of a panel of experts to revise public order BACKGROUND policing processes. The Board of Inquiry into Political violence erupted in KwaZulu-Natal the fitness of national Police Commissioner Province in the run-up to local elections held Riah Phiyega to hold office concluded and on 3 August. Between January and July, 25 was due to submit its final report to violent incidents were reported, including 14 the President. murders of local councillors, election candidates or members of political parties. POLICE The Police Minister set up a task force to The IPID reported 366 deaths as a result of investigate and prosecute incidents of police action and 216 deaths in police politically motivated crime in the province. custody in 2015/2016, both figures lower than for the previous year. It also reported

Amnesty International Report 2016/17 329 145 cases of torture, including 51 cases of move followed non-co-operation procedures rape, by police officers on duty, and 3,509 by the ICC against South Africa after the cases of assault by police. Legal proceedings authorities failed to execute warrants of arrest relating to unlawful killings by police for genocide, crimes against humanity and remained slow. war crimes against Sudanese President Omar In Durban High Court, the trial of 27 police al-Bashir when he visited South Africa in officers, most of them members of the now June 2015 to attend the African Union (AU) disbanded Cato Manor Organized Crime Unit, summit. The move also followed the on charges including 28 counts of murder, dismissal by South Africa’s Supreme Court of was further delayed until 31 January 2017. Appeal on 15 March of an appeal against the In October, the Public Protector issued a 2015 North Gauteng High Court judgment report into violence at Durban’s Glebelands that the failure to arrest President al-Bashir hostel complex between March 2014 and violated South Africa’s Constitution. State November 2016 during which over 60 people authorities had allowed President al-Bashir to died in targeted killings. The report found leave South Africa in contravention of an that the conflict was a result of the interim order by North Gauteng High Court municipality’s failure to assume responsibility that he must remain. for rental accommodation at the hostel. The report highlighted the detention and torture CORPORATE ACCOUNTABILITY by police of at least three Glebelands New research concluded that the failure of residents in 2014, with no action taken mining company Lonmin to address housing against those suspected of criminal conditions at Marikana contributed to the responsibility. The IPID investigation into the events of August 2012, when police shot March 2014 death in custody of Zinakile dead 34 striking mineworkers.2 Under its Fica, a Glebelands resident, was not legally binding 2006 Social and Labour Plan, completed. Lonmin had promised to construct 5,500 The Public Protector’s report also found houses for mineworkers by 2011. It had built that the police failed in its duty to prevent only three by 2012. In August 2016, Lonmin and investigate crime and to protect hostel said that approximately 13,500 of its 20,000 residents, highlighting the low ratio of arrests permanent employees still needed formal and lack of successful prosecution of murder accommodation. Many mineworkers suspects. The Public Protector promised to continued to live in informal settlements such monitor investigations of allegations of police as Nkaneng within Lonmin’s mine lease area. torture and killings of Glebelands residents. The shacks in Nkaneng do not meet the most In April, Glebelands residents submitted basic international requirements for adequate an urgent appeal to the UN High housing. As a result, Lonmin’s operations Commissioner for Human Rights, calling for were inconsistent with the right to an the UN Human Rights Council to intervene adequate standard of living, including regarding the targeted killings. On 7 adequate housing. November, a Glebelands peace committee leader was shot dead after leaving Umlazi REFUGEES’ AND MIGRANTS’ RIGHTS Magistrate’s Court. No arrests have been Xenophobia and violence against refugees, made. asylum-seekers and migrants continued, resulting in deaths, injuries and INTERNATIONAL JUSTICE displacement. Many incidents involved the In October, the government submitted an targeted looting of foreign-owned small instrument of withdrawal from the Rome businesses in townships. Statute of the International Criminal Court In June, shops in Pretoria townships were (ICC) without consulting Parliament.1 The looted and at least 12 refugees and migrants withdrawal takes effect after one year. The were seriously injured and hundreds

330 Amnesty International Report 2016/17 displaced. Earlier in the year, residents of girls needing to access health services. The Dunoon in the Western Cape looted foreign- lives of pregnant women and girls continued owned businesses. to be put at unnecessary risk due to barriers In April, findings were released of an to abortion services. inquiry into the 2015 violence against In June, the government launched a refugees, migrants and asylum-seekers in campaign, She Conquers, to address the KwaZulu-Natal Province. The inquiry found disproportionately high rates of HIV infection the tensions were due to competition for among girls and young women and to reduce scarce employment opportunities in the high levels of adolescent pregnancy. context of poverty and socioeconomic Although focused on improving access to inequality. Its recommendations included health, education and employment educating civil servants on the rights and opportunities for girls, campaign messaging documentation of foreign nationals; was criticized for perpetuating negative strengthening the capacities of institutions stereotypes of girls’ sexuality. managing migrants, refugees and asylum- Also in June, the Commission for Gender seekers; ensuring leaders make responsible Equality found the requirement that girls public statements; and education campaigns undergo virginity testing (ukuhlolwa) to in schools to promote cohesion. access tertiary education bursaries, as The previous closure of three of six refugee imposed by a municipality in KwaZulu-Natal reception offices continued to put severe Province, violated constitutional rights to pressure on refugees who must consequently equality, dignity and privacy and would travel long distances to renew asylum perpetuate patriarchy and inequality in South permits. Africa. The ukuhlolwa requirement Draft legislation on international was removed. immigration put forward in June includes a A report by the UN Special Rapporteur on security-based approach to asylum-seekers, violence against women, its causes and restricting their rights. It proposes asylum consequences issued in June called on processing and administrative detention South Africa to implement a co-ordinated centres at South Africa’s borders. These approach to end the pandemic of gender- would house asylum-seekers while their based violence and discrimination, and applications are processed and limit their recommended the decriminalization of rights to work and movement while awaiting a sex work. decision on their application. In March, the South African National AIDS Council (SANAC) launched a plan to address WOMEN’S RIGHTS high rates of HIV among sex workers, Gender inequality and discrimination including access to pre-exposure prophylaxis continued to exacerbate the detrimental and anti-retroviral medicine. SANAC and sex impact of racial, social and economic worker activists warned that South Africa’s inequalities, especially for marginalized laws relating to “prostitution” risked groups of women and girls. undermining the plan. Nearly a third of pregnant women were living with HIV, but improved access to free RIGHTS OF LESBIAN, GAY, BISEXUAL, anti-retroviral treatment for pregnant women TRANSGENDER AND INTERSEX PEOPLE continued to reduce maternal mortality. Hate crimes, hate speech and discrimination Department of Health figures showed that the against LGBTI people, including killings and maternal mortality ratio continued to fall, from assaults, continued. Such attacks were 197 for every 100,000 live births in 2011 to believed to be grossly under-reported 155 in 2016. Problems persisted in rural to police. communities relating to the availability and In March, Lucia Naido was stabbed to cost of transport for pregnant women and death in Katlehong, Ekurhuleni. Katlehong

Amnesty International Report 2016/17 331 police opened a murder investigation, which In a landmark judgment on 17 November, was ongoing. Bloemfontein High Court upheld the appeal In April, a young, openly gay man, by 94 community health workers and Tshifhiwa Ramurunzi, was attacked and Treatment Action Campaign activists who had seriously injured in Thohoyandou, Limpopo successfully challenged the constitutionality Province. His attacker was charged with of the use of apartheid-era legislation, the attempted murder. 1993 Regulation of Gatherings Act. The Act On 6 August, the body of Lesley criminalizes the gathering of more than 15 Makousaan, an openly gay 17-year-old people in a public space without notifying the student, was found in Potchefstroom, North police in advance. The judgment affirmed West Province; he had been strangled. A that participating in a gathering without prior suspect was arrested shortly afterwards and notice is not an offence. was awaiting trial. The body of Noluvo Swelindawo, an openly FREEDOM OF EXPRESSION lesbian woman, was found in Khayelitsha, In June, three senior journalists of the South Western Cape Province, on 4 December, the African Broadcasting Corporation (SABC) day after she was kidnapped. A suspect was were summarily suspended, allegedly for arrested on charges including disagreeing with the decision not to cover a housebreaking, kidnapping and murder, and peaceful protest against censorship and appeared in court on 7 December. On 21 abuse of power by the SABC, organized by December, the suspect withdrew his the advocacy organization Right2Know. When bail application. five other SABC journalists objected to the suspensions they were accused of HUMAN RIGHTS DEFENDERS misconduct. All eight SABC employees were Human rights defenders were attacked for then fired. The group filed a case with the carrying out their work, and justice for such Constitutional Court in July, arguing that their crimes was slow. right to freedom of expression had been In March, land rights activist Sikhosiphi violated; the case was pending. Four of the “Bazooka” Rhadebe was shot dead at his journalists won a case at the Labour Court in home in Lurholweni, Eastern Cape Province, July that SABC had violated labour by two men claiming to be police officers.3 procedures. The eight subsequently returned He was Chairperson of the community-led to work but continued to face threats. On 12 Amadiba Crisis Committee and opposed the December, four of the eight testified on opencast mining of titanium and other heavy behalf of the group at Parliament’s inquiry minerals on communal land in Xolobeni by a into the fitness of the SABC board. local subsidiary of Australia-based Mineral Right2Know testified on 14 December. Commodities Limited. The trial of a police officer charged with DISCRIMINATION the October 2013 shooting and killing of 17- People with albinism year-old housing rights activist Nqobile Nzuza Attacks against and the abduction of people during a protest in Cato Crest informal with albinism were reported. settlement in Durban was scheduled to begin Four-year-old Maneliswa Ntombel was in February 2017. abducted by two men near his home on 21 On 20 May, Durban High Court found two June in KwaZulu-Natal Province. He councillors representing the ruling African remained missing at the end of the year. National Congress (ANC) and a co-accused In February, Mtubatuba Regional Court hit man guilty of murdering housing rights sentenced a 17-year-old youth to 18 years’ activist Thulisile Ndlovu in September 2014. imprisonment for the murder of Thandazile The three were sentenced to life Mpunzi, who was killed in August 2015 in imprisonment. KwaZulu-Natal Province. Her remains were

332 Amnesty International Report 2016/17 discovered in a shallow grave. Parts of her Despite the Agreement on the Resolution of body had been sold to traditional healers. the Conflict in the Republic of South Two other men who pleaded guilty to the Sudan (ARCSS), fighting continued murder had each been sentenced in between government and opposition forces, September 2015 to 20 years’ imprisonment. along with violations and abuses of international human rights and Hate crime legislation humanitarian law. A Transitional In October, the draft Hate Crimes Bill was Government of National Unity (TGoNU) was introduced. It aims to address racism, racial formed in April, but it fell apart following discrimination, xenophobia and heavy fighting between government and discrimination based on gender, sex, sexual opposition forces in Juba in July. The orientation and other issues, by providing an reconstituted government in Juba was offence of hate crime. It includes accepted by the international community controversial provisions that criminalize hate but rejected by opposition leader Riek speech in ways that could be used to Machar and his allies. The ongoing fighting impermissibly restrict the right to freedom of continued with devastating humanitarian expression. consequences for civilian populations. Government security services actively RIGHT TO EDUCATION suppressed independent and critical voices Children with disabilities from the opposition, media and human Children with disabilities continued to face rights defenders. multiple challenges of discrimination, exclusion and marginalization which, among BACKGROUND other things, denied them equal access to Implementation of the ARCSS, the peace education despite legal and policy agreement, was slow and faced numerous frameworks guaranteeing inclusive hurdles including disagreement over the education. On 27 October, the number of states, the cantonment of UN Committee on the Rights of the Child opposition fighters and security arrangements recommended a review of Education White in the capital Juba. Paper No.6 to develop a framework for On 26 April, opposition leader Riek inclusive education that would see expansion Machar returned to Juba to be sworn in as of full-service schools and the inclusion of First Vice-President of the TGoNU, as children with disabilities in mainstream provided for in the ARCSS. Ministers of the education. TGoNU were sworn in the following week. In early July, a series of violent clashes between government and opposition forces in 1. South Africa: Decision to leave International Criminal Court a “deep betrayal of millions of victims worldwide” (News story, 21 October) Juba heightened tensions and led to a deadly 2. South Africa: Smoke and mirrors – Lonmin’s failure to address shoot-out on 8 July between bodyguards of housing conditions at Marikana (AFR 53/4552/2016) President Salva Kiir and then First Vice- 3. South Africa: Human rights defenders under threat (AFR President Riek Machar outside the 53/4058/2016) Presidential Palace, where the two were meeting. On 10 and 11 July, there were heavy clashes between government and opposition forces in Juba. SOUTH SUDAN The fighting in Juba forced Riek Machar Republic of South Sudan and opposition forces to flee southward, Head of state and government: Salva Kiir Mayardit where they evaded active pursuit by government forces over the next month. Meanwhile President Salva Kiir dismissed Riek Machar as First Vice-President and

Amnesty International Report 2016/17 333 replaced him on 25 July with opposition year. The fighting was continuously politician Taban Deng Gai. Riek Machar accompanied by violations and abuses of rejected and denounced the dismissal which international human rights and humanitarian resulted in a split in the Sudan People’s law by parties to the conflict, including Liberation Army/Movement in Opposition killings, looting and destruction of civilian (SPLM/A-IO). The international community property, abductions and sexual violence. eventually accepted the new government and On 17 and 18 February, fighting took place urged it to resume implementation of the in the UN Protection of Civilians site in ARCSS. Malakal, which housed around 45,000 Relative calm was restored in Juba people. Government soldiers entered the site following the flight of Riek Machar and and participated in the fighting. Around one opposition forces but the fighting in Juba third of the camp was burned to the ground, triggered a surge of violence in the southern and at least 29 internally displaced people Equatoria region, resulting in killings of were killed. civilians, looting, and arbitrary detentions. In Western Bahr el Ghazal in early 2016, Lainya, Yei, Kajokeji, Morobo and Maridi government soldiers carried out attacks counties were particularly affected. Between against civilians: killings, torture including July and December, more than 394,500 rape, looting and burning down of civilian South Sudanese arrived in northern Uganda homes. Clashes between government and as refugees as a result of the insecurity. opposition allied forces in Wau town on In September, the UN Security Council 24-25 June displaced an estimated 70,000 (UNSC) adopted resolution 2304 authorizing people and killed dozens. the establishment of a 4,000-member During the July fighting in Juba, armed Regional Protection Force (RPF), as an actors, particularly government soldiers, addition to the existing 12,000 members of committed violations and abuses of the UN Mission in South Sudan (UNMISS) international human rights and humanitarian peacekeeping force. The RPF mandate law, including killings, sexual violence, and would be to facilitate safe movement in and looting of civilian property and humanitarian out of Juba; protect the airport and key assets. Government soldiers also fired facilities in Juba; and engage any actor indiscriminately near Protection of Civilians preparing for or engaging in attacks against sites and, in some cases, deliberately civilians, humanitarian actors, or UN targeted them. Fifty-four displaced people personnel and premises. However, the RPF were killed in the sites during the fighting, was not in place by the end of the year. according to the UN. The same resolution provided that the In September, the number of refugees who UNSC would consider the imposition of an had arrived in neighbouring countries since arms embargo should South Sudan create the start of the conflict in December 2013, political or operational impediments to reached 1 million. The number of internally operationalizing the RPF or obstruct UNMISS displaced people seeking protection in in the performance of its mandate. Despite Protection of Civilians sites rose over the reports of attacks on and obstruction of course of the year to 204,918 in October. A UNMISS staff and the government’s total of 1.83 million people continued to be averseness to the RPF’s mandate and displaced within the country and 4.8 million establishment, in December the UN Security people were affected by food insecurity. Council failed to approve a resolution that would have imposed an arms embargo. ARBITRARY DETENTIONS AND TORTURE AND OTHER ILL-TREATMENT INTERNAL ARMED CONFLICT South Sudan’s National Security Service Despite the ARCSS, there was fighting in (NSS) and the national army’s Military many areas of the country throughout the Intelligence Directorate continued to conduct

334 Amnesty International Report 2016/17 arbitrary arrests, prolonged and – in some Conditions were particularly harsh in an cases – incommunicado detentions, and underground military intelligence cell, where enforced disappearances of perceived detainees were held without access to natural government opponents. Detainees were light or sanitary facilities. subjected to torture and other ill-treatment in Elias Waya Nyipouch, former Governor of multiple detention facilities. Wau state, was arrested at his home on 26 Over 30 men were detained by the NSS at June. He was detained in Juba at the Giyada a two-storey detention facility within its military barracks and moved on 21 October headquarters in the Jebel neighbourhood of to the Bilpam barracks, also in Juba. He was Juba. They were detained on accusations of held without charge or trial at the end of supporting the SPLM/A-IO, but were not the year. charged or presented in court. None of them had had access to legal counsel by the end LACK OF ACCOUNTABILITY of the year. The NSS restricted access to There were no credible investigations and family members and failed to provide prosecutions of violations and abuses of adequate medical care. Some were subjected international human rights and humanitarian to beatings and other forms of physical law conducted in fair trials by civilian courts. assault, especially during interrogation or as Some crimes committed against civilians by punishment for breaking internal detention government soldiers were reportedly rules. Some had been in detention for over prosecuted before military courts, despite the two years. provision under South Sudan’s SPLA Act The NSS continued to arbitrarily detain providing that if military personnel commit an George Livio, a journalist with the UN’s Radio offence against a civilian, the civil court Miraya, without charge or trial, in Juba. The should assume jurisdiction over the offence. NSS arrested George Livio in Wau on 22 Although the ARCSS provided for the August 2014. The NSS has denied requests establishment of a Hybrid Court for South from his lawyer to meet him and has Sudan by the African Union Commission, restricted his access to family members. little progress was made towards its Loreom Joseph Logie, who had been establishment. There was also little progress arbitrarily detained by the NSS since towards the establishment of a Commission September 2014, died on 17 July. Prior to his on Truth Reconciliation and Healing or a death he had suffered from a tapeworm Compensation and Reparations Authority. infection that was untreated and caused These two bodies were also provided for in liver damage. the ARCSS. A detention facility at a military base in Gorom, about 20km south of Juba, was used, FREEDOM OF EXPRESSION at least between November 2015 and May The space for journalists and human rights 2016, to detain soldiers and civilians defenders to work freely continued to shrink, allegedly affiliated with the opposition. as it had since the start of the conflict. The Detainees were held without charge or trial. authorities, especially the NSS, continued to They were held in poorly ventilated metal harass and intimidate journalists, summoning shipping containers, fed only once or twice a them for questioning and arbitrarily arresting week and given insufficient drinking water. and detaining them. Numerous journalists Many detainees died at this facility due to and human rights defenders have fled South harsh conditions; others were victims of Sudan due to perceived security risks. extrajudicial executions. Joseph Afandi, a journalist in Juba with the The Giyada military barracks in Juba daily El Tabeer, was arrested by the NSS on remained a site where arbitrary and 23 December 2015 for criticizing in an article incommunicado detentions, torture and the human rights record of the Sudan disappearances continued to be carried out. People’s Liberation Movement (SPLM). He

Amnesty International Report 2016/17 335 was held in incommunicado detention at the limited. Juba Teaching Hospital – the only NSS headquarters in Juba until his release in public medical facility that provided February. While in detention, he was psychiatric care – still only had 12 beds in its subjected to torture and other ill-treatment. psychiatric ward. The availability of Alfred Taban, a journalist and chief editor psychotropic drugs was inconsistent and of the daily Juba Monitor, published an limited. There were only two practising opinion piece on 15 July in which he said psychiatrists in the country, both of whom that both Machar and Kiir had “completely were in Juba. Neither of them saw patients failed” and “should not remain in their on a full-time basis. Due to the lack of seats”. Alfred Taban was arrested the appropriate services and facilities, people following day by NSS agents and detained at with mental health conditions continued to be their headquarters in Juba for one week. He routinely housed in prisons, even if they had was then transferred to police custody and not committed any crime. In prison, mental charged with “publishing or communicating health patients continued to receive false statements prejudicial to South Sudan” insufficient medical care and were and with “undermining the authority of or sometimes chained or held in solitary insulting the president.” He was released on confinement for long periods. bail on 29 July. No court date had been set for a trial by the end of the year. LEGAL, CONSTITUTIONAL OR On 12 September, staff of the newspaper INSTITUTIONAL DEVELOPMENTS Nation Mirror were summoned by the NSS In May, South Sudan completed ratification of and shown a letter ordering the paper to the African Charter on Human and Peoples’ “close down because they had indulged in Rights and of the Organization of African activities incompatible with their status.” The Unity Convention Governing the Specific order followed the publication of an opinion Aspects of Refugee Problems in Africa. article condemning corruption within the armed forces and an article about corruption allegations against government officials. SPAIN

FREEDOM OF ASSOCIATION Kingdom of Spain In February, two laws regulating NGOs Head of state: King Felipe VI de Borbón activities’ were enacted. The laws restricted Head of government: Mariano Rajoy the right to freedom of association by mandating that all NGOs needed to register; The offence of “glorifying terrorism” non-registered NGOs were prohibited from continued to be used to prosecute people operating. The Relief and Rehabilitation peacefully exercising their right to freedom Commission held sweeping powers to register of expression. New cases of torture and and monitor NGOs and to revoke registration other ill-treatment, excessive use of force of NGOs that were judged not to be in and collective expulsions by police officials conformity with the NGO Act. The acceptable were reported, including against individuals “objectives of NGOs” listed in the Act did not who attempted to enter irregularly from include human rights work or policy Morocco into the Spanish enclaves of Ceuta advocacy. and Melilla. Investigations into allegations of torture and other ill-treatment were RIGHT TO HEALTH – MENTAL HEALTH sometimes not effectively conducted. Although levels of post-traumatic stress Authorities accepted the resettlement and disorder and depression among the relocation of only a few hundred refugees, population remained high, the availability and far below the commitments undertaken. accessibility of mental health and Spanish authorities continued to refuse to psychosocial support services remained co-operate with the Argentine judiciary to

336 Amnesty International Report 2016/17 investigate crimes committed during the involving the interception of messages Civil War and by the Franco regime. published on social media. Between April 2014 and April 2016, 69 individuals were FREEDOMS OF EXPRESSION arrested as part of the operation. Some of AND ASSEMBLY those arrested were held incommunicado, a Throughout the year, unwarranted restrictions form of detention for which Spain has been on the rights to freedom of expression, criticized by UN human rights bodies due to information and assembly were imposed, on its being applied for an excessive length and the basis of the 2015 legislative amendments without adequate safeguards. to the Law on Public Security and the Criminal Code. TORTURE AND OTHER ILL-TREATMENT On 5 February, Alfonso Lázaro de la New cases of torture and other ill-treatment, Fuente and Raúl García Pérez, professional including excessive use of force by law puppeteers, were imprisoned for five days enforcement officers, were reported after performing a play which included throughout the year. Investigations into scenes in which a nun was stabbed, a judge allegations of torture and other ill-treatment hanged and police and pregnant women were sometimes not effectively and were subjected to beatings. During the show, thoroughly conducted. one of the puppets displayed a banner In January, the judge investigating the bearing the sign “Gora ALKA-ETA” (“Up with death in Cadiz on 4 April 2015 of Juan ALKA-ETA”). The puppeteers were charged Antonio Martínez González, as a result of the with glorifying terrorism and incitement to injuries sustained while he was being hatred. Their arrest took place after several restrained by law enforcement officers, made individuals said they were offended by the his ruling. He found that there was no play. In September, the National Court evidence to support charges that the officers dismissed charges of glorifying terrorism. used banned methods of restraint or that However, at the end of the year, the they exceeded their powers in their prosecution continued on charges of intervention. At the end of the year, an appeal incitement to hatred. against the ruling before the Provincial Court In April, the Minister of Interior urged the of Cádiz was upheld. General Council of the Judiciary to take In May, in the case of Beortegui Martinez v measures against José Ricardo de Prada, a Spain the European Court of Human Rights National High Court judge. He had once again found that Spain violated the participated in a round table organized by the prohibition of torture and other ill-treatment City Council of Tolosa, Guipúzcoa, where he by failing to conduct an effective and expressed agreement with the concerns of thorough investigation into allegations of international human rights organizations torture of individuals under incommunicado regarding the barriers to effective detention. This was the seventh ruling of this investigations of cases of torture in Spain. In kind against Spain. addition, the Prosecutor’s Office supported a In May, the Audiencia Provincial of request by the Association of Victims of Barcelona heard the trial against two officers Terrorism that he should be removed as regarding the case of Ester Quintana, who member of a court in two criminal trials lost an eye in November 2012 as a result of because of his alleged bias. In June, the being hit by a rubber bullet shot by the National High Court dismissed both requests Mossos d’Esquadra during a protest in to take action against the judge. Barcelona. The trial ended with the acquittal During the year, the National High Court of both officers, as the court was unable to delivered 22 guilty verdicts against 25 people establish which officer had fired the bullet. for glorifying terrorism offences. Most rulings In July, the Supreme Court partially came as a result of “Operation Spider”, annulled the conviction by the High Court of

Amnesty International Report 2016/17 337 Saioa Sánchez for an act of terrorism in the growing backlog of unprocessed asylum December 2015. applications had reached 29,845 cases. The High Court had convicted Saioa On 9 September, at least 60 people from Sánchez and two others of terrorism-related sub-Saharan Africa who had gained access offences. Her appeal to the Supreme Court to Spanish territory by climbing the fences claimed that the High Court refused to separating Ceuta from Morocco were investigate whether the statement of one of collectively expelled. Before being expelled the defendants, Iñigo Zapirain, implicating some of them were beaten by Moroccan her in the offence, had been made under officers who entered the area between the duress. The Supreme Court ordered a new fences, which is Spanish territory. Some of hearing, asking that the Manual on the those returned to Morocco were injured while Effective Investigation and Documentation of scaling the fences and as a result of the Torture and Other Cruel, Inhuman or beatings. Degrading Treatment or Punishment Although Spain agreed to receive 1,449 (Istanbul Protocol) be followed to assess the people from the Middle East and North Africa veracity of the statement of Iñigo Zapirain. under resettlement schemes, only 289 The ruling took account of the concerns people, all Syrian nationals, had reached expressed by international human rights Spanish territory by December. Likewise, in bodies about impunity and lack of thorough contrast to the commitment made to receive and effective investigations, as well as about 15,888 people in need of international shortcomings in the quality and accuracy of protection from Italy and Greece under the forensic investigations. EU internal relocation programme, only 363 were relocated to Spain by December. REFUGEES’ AND MIGRANTS’ RIGHTS The number of irregular arrivals of refugees IMPUNITY and migrants, crossing from Morocco into the Spanish authorities continued to refuse to co- Spanish enclaves of Ceuta and Melilla operate with the Argentine judiciary to through the fence separating the two investigate crimes under international law countries, decreased on the previous year. committed during the Civil War and by the However, the overall number of arrivals Franco regime. Spanish authorities including those passing through regular obstructed Argentine prosecuting authorities border crossings increased. There continued in the class action known as “Querella to be collective expulsions by Spanish law Argentina” from taking statements from some enforcement officers in Ceuta and Melilla of the victims and the 19 defendants. By towards Morocco. The Spanish reception means of a circular dated 30 September, the system for asylum-seekers remained Spanish Prosecutor’s Office instructed inadequate, with too few places in official territorial prosecutor offices to refuse to reception centres and too little assistance for conduct any of the judicial inquiries those housed outside them. Spain failed to requested by the Argentine prosecuting implement European Directives on stateless authorities, arguing that it would not be persons, asylum procedures and reception possible to investigate the crimes reported, conditions. There continued to be no such as enforced disappearances and implementation of the Asylum Act, six years torture, under the Amnesty Act (among other after its entry into force. As a result, asylum- acts) and because of the statute of seekers across the country experienced limitations. uneven access to the assistance they are entitled to. Between January and October, DISCRIMINATION – MIGRANTS’ HEALTH 12,525 asylum applications were submitted Austerity measures continued to have a in Spain, according to Eurostat data, detrimental effect on human rights, especially compared with 4,513 in 2013. By August, with regard to access to health and social

338 Amnesty International Report 2016/17 protection for some of the most vulnerable groups. The Constitutional Court declared SRI LANKA that legislation approved in 2012, restricting access to free health care for undocumented Democratic Socialist Republic of Sri Lanka migrants including primary health care, was Head of state and government: Maithripala Sirisena constitutional. This reform has taken away the health care cards from 748,835 migrants, Sri Lanka continued to pursue removing or seriously limiting their access to commitments to deliver accountability for the health system and in some situations alleged crimes under international law, putting their lives at risk. There has been a although the process was slow. Many particular impact on women, in terms of human rights challenges remained, barriers to information on, and services including the authorities’ reliance on the related to, sexual and reproductive health. Prevention of Terrorism Act (PTA) to arrest and detain suspects; torture and other ill- RIGHT TO HOUSING treatment in police custody, and impunity Public spending on housing was cut by over for enforced disappearance and other 50% between 2008 and 2015, while violations. Victims of violations during the mortgage foreclosures continued unabated. armed conflict faced challenges in According to statistics from the General rebuilding lives and livelihoods as coherent Council of the Judiciary, up to September relief and reparation plans had yet to be 2016 there were 19,714 forced mortgage implemented. evictions and 25,688 evictions for non- payment of rent. However, there were no BACKGROUND official figures showing the number of people Sri Lanka initiated a constitutional reform affected by foreclosures in Spain, nor process, began to design truth, justice and disaggregated data by sex or age, which reparation mechanisms, and began to prevented the adoption of measures to institute legal and procedural reforms to protect the most vulnerable. Householders address, and ensure, non-repetition of the facing repossession claims continued to lack serious human rights violations and abuses adequate legal remedies to enforce the that plagued the country for decades. It protection of their right to housing before initiated public consultations on these courts. mechanisms, but failed to adequately support implementation of the process. VIOLENCE AGAINST WOMEN According to figures from the Ministry of ARBITRARY ARRESTS AND DETENTIONS Health, Social Services and Equality, 44 Tamils suspected of links to the Liberation women were killed by their partners or ex- Tigers of Tamil Eelam (LTTE) continued to be partners as of December. The Act on detained under the PTA, which permits Comprehensive Protection Measures Against extended administrative detention and shifts Gender-Based Violence and the the burden of proof onto the detainee alleging establishment of Courts on Violence Against torture or other ill-treatment. In 2015 the Women came into force in 2004. However, government pledged to repeal the PTA and there has not been a participatory and replace it with legislation that complied with transparent review of the impact of the law international standards, but had not since then, despite concerns about the implemented this commitment by the end of effectiveness of prosecutions and the 2016. A draft policy and legal framework for adequacy of victim protection measures. replacement legislation submitted for cabinet approval in October retained many of the PTA’s most problematic elements although it did introduce safeguards against torture.

Amnesty International Report 2016/17 339 In June, President Sirisena instructed the yet to be prosecuted. In October a magistrate police and armed forces to abide by Human ruled that the killings were crimes, and Rights Commission of Sri Lanka directives, ordered further hearings in 2017 to that were designed to protect those arrested determine whether there was sufficient under the PTA and other emergency evidence to refer the case for prosecution. measures and to end practices that can lead to abuse. Such abuses include the failure of ENFORCED DISAPPEARANCES arresting officials to identify themselves, the In May, Sri Lanka ratified the International transport of suspects in unmarked vehicles, Convention against Enforced Disappearance, and the use of unofficial places of detention. but by the end of the year had not passed The directives also guaranteed detainees’ legislation criminalizing enforced access to a lawyer, including during disappearance in domestic law. The interrogation, but these were not fully Presidential Commission to Investigate into respected. Complaints Regarding Missing Persons In late August, human rights lawyer concluded in July, having received over Lakshan Dias petitioned the Supreme Court 19,000 civilian complaints. However, little accusing the Terrorist Investigation Division of progress was made in clarifying the fate of the police of violating the directives by the missing or bringing perpetrators of refusing to allow him to meet with his client. enforced disappearance to justice. In August, An amendment to the Code of Criminal Parliament bypassed public consultation Procedure that would have deprived those when it adopted an Act establishing the arrested of access to legal counsel until the Office on Missing Persons to assist families to police recorded their statements was trace missing relatives and take on the withdrawn in October after lawyers protested. case load left by the Commission. TORTURE AND OTHER ILL-TREATMENT IMPUNITY The UN Special Rapporteur on torture visited Impunity persisted for alleged crimes under Sri Lanka in May. He found that severe forms international law committed during the armed of torture by police continued, although conflict. Impunity also remained for many probably at lower levels than during the other human rights violations. These included armed conflict, and that impunity persisted the January 2006 extrajudicial executions of for both old and new cases. He noted that five students in Trincomalee by security procedural norms such as prolonged personnel and the killing of 17 aid workers arbitrary detention without trial under the PTA with the NGO Action Against Hunger in “almost invite torture and ill-treatment as a Muttur in August 2006. routine method of work.” In August, Sri In May, the former Media Minister, Lanka made a declaration under the UN testifying in a habeas corpus case into the Convention against Torture recognizing the December 2011 disappearances of political competence of the UN Committee against activists Lalith Weeraraj and Kugan Torture to receive and consider Muruganandan, stated that his claim at the communications from individuals alleging time that the two activists were in government violations of their rights under the custody and that their whereabouts could not Convention. be revealed was based on information from the Defence Ministry. The investigation into EXCESSIVE USE OF FORCE the involvement of army intelligence officers Reports continued of excessive use of force in the 2010 disappearance of dissident in the context of policing. Impunity continued cartoonist Prageeth Eknaligoda was ongoing. to persist for past incidents. The killings by In August a court in the capital, Colombo, the army of unarmed demonstrators ordered a new autopsy of the remains of demanding clean water in August 2013 had

340 Amnesty International Report 2016/17 newspaper editor Lasantha Wickrematunge, Constitution were published in May. who was murdered in 2009. Parliament was expected to debate a proposed draft Constitution in early 2017. HUMAN RIGHTS DEFENDERS In July, Sri Lanka passed the Right to In August, Balendran Jeyakumari, an activist Information Act. In August, the cabinet against enforced disappearances, who had approved a National Policy on Durable previously been detained without charge for a Solutions for Conflict-Affected Displacement. year under the PTA, was once again This aimed to protect human rights by summoned for questioning. Human rights guiding the return of private lands seized by defender Ruki Fernando remained barred by the military, creation of livelihood and income court order from speaking about an ongoing generating opportunities for the displaced, police investigation into his advocacy on her and assistance for returning refugees. The case; his confiscated electronic equipment policy emphasized non-discrimination, was not returned. access to justice and reparations. Sandhya Eknaligoda, the wife of Implementation was expected to begin in disappeared dissident cartoonist Prageeth February 2017. Eknaligoda, faced repeated threats and acts of intimidation. These included protests DISCRIMINATION outside the court where her husband’s Tamils continued to complain of ethnic habeas corpus case was being heard, and a profiling, surveillance and harassment by poster campaign that accused her of police who suspected them of LTTE links. In supporting the LTTE after the police identified August, the UN Committee on the Elimination seven army intelligence officers suspected of of Racial Discrimination found that the PTA involvement in his disappearance. was disproportionately used against Tamils and was discriminatory in effect. FREEDOMS OF EXPRESSION, ASSEMBLY Christians and Muslims reported incidents AND ASSOCIATION of harassment, threats and physical violence In June, journalist Freddy Gamage was by members of the public and supporters of beaten by men he identified as supporters of hardline Sinhala Buddhist political groups. a politician in the town of Negombo. Freddy Police failed to take action against attackers Gamage had been threatened previously over or in some cases blamed religious minorities articles he wrote exposing the politician’s for inciting opponents. In June, a group alleged corruption and links to organized calling itself Sinha Le (Lion’s Blood) was crime. He was further threatened by one of linked to protests against a mosque his attackers when they met in court after he construction in the city of Kandy. In June, its pointed him out in an identification parade. supporters waged a social media campaign Impunity persisted for past attacks on media of threats and intimidation against Equal workers; according to media NGOs, attacks Ground, an organization seeking human and included some 44 killings since 2004. political rights for the lesbian, gay, bisexual, People engaged in activism in the north transgender, intersex and questioning and east continued to report harassment and (LGBTIQ) community of Sri Lanka. surveillance by security forces. In June, the Health Ministry noted that “transgender people are often socially, LEGAL, CONSTITUTIONAL OR economically, politically and legally INSTITUTIONAL DEVELOPMENTS marginalized… and vulnerable to harassment Sri Lanka initiated a Constitutional reform violence and sexual assault and process aimed at ensuring checks on discrimination in access to public spaces.” It executive power and more equitable ethnic ordered health services for transgender power sharing. The results of public individuals, including physician-certified consultations on the content of a new Gender Recognition Certificates to assist in

Amnesty International Report 2016/17 341 the amendment of birth certificates to accurately reflect the sex with which the BACKGROUND individual identified. Armed conflicts persisted in Darfur, Blue Nile and South Kordofan, leading to civilian VIOLENCE AGAINST WOMEN AND GIRLS casualties and widespread disruption and Impunity persisted for violence against hardship. women and girls, including rape by military In March, the African Union High-Level personnel and civilians, and also in situations Implementation Panel (AUHIP) proposed a of domestic violence such as marital rape. Roadmap Agreement for peace and dialogue Women human rights defenders supporting to end the conflicts. The Agreement commits constitutional reforms advocated repeal of parties to end conflicts in Darfur, Blue Nile Article 16(1), which upheld laws existing and South Kordofan and ensure prior to the current Constitution, even when humanitarian access to all populations in they were inconsistent with the Constitution. these areas. It also commits parties to engage This included tenets of Muslim personal law in an inclusive national dialogue process. The that permitted child marriage and failed to government signed the Agreement in March recognize marital rape. but opposition groups refused at first to sign. On 8 August, the agreement was signed by DEATH PENALTY four opposition groups: the National Umma Death sentences continued to be imposed; Party; the Sudan People’s Liberation no executions were carried out. In Movement-North (SPLM-N); the Justice and September, a former MP was sentenced to Equality Movement (JEM); and the Sudan death for the murder of a political rival. Liberation Movement (SLM-MM) led by Minni Minnawi. The following day, negotiations resumed in Addis Ababa, Ethiopia, along two tracks: between the SPLM-N and the SUDAN government; and on Darfur around cessation Republic of the Sudan of hostilities and humanitarian access. Head of state and government: Omar Hassan Ahmed However, on 14 August, the talks collapsed al-Bashir between the government and the armed opposition groups, the SPLM-N, JEM and The authorities refused to execute arrest SLM-MM. The AUHIP announced an warrants issued by the International indefinite suspension of the peace talks. Both Criminal Court (ICC). The security and sides blamed each other for the collapse of humanitarian situation in Darfur, Blue Nile the talks. and South Kordofan states remained dire, When Sudan’s human rights record was with widespread violations of international examined under the UN Universal Periodic humanitarian and human rights law. Review (UPR) process in May, Sudan Evidence pointed to the use of chemical accepted a number of recommendations weapons by government forces in Darfur. including ratification of the UN Convention The rights to freedom of expression, against Torture and efforts to prevent torture association and peaceful assembly were and inhuman treatment. However, Sudan arbitrarily restricted and critics and rejected recommendations to remove suspected opponents of the government impunity provisions from the National were subjected to arbitrary arrest, detention Security Act 2010 and ensure independent and other violations. Excessive use of force investigation and prosecution of crimes under by the authorities in dispersing gatherings international law and human rights violations led to numerous casualties. committed by the National Intelligence and Security Service (NISS), the armed forces and the police.1

342 Amnesty International Report 2016/17 In January, Parliament passed an chemical weapons attacks had no access to amendment that increased the maximum adequate medical care. penalty for rioting from two to five years’ imprisonment. South Kordofan and Blue Nile On 24 April, the Sudan Revolutionary Front, a INTERNATIONAL CRIMINAL COURT coalition of four armed opposition groups, The authorities continued to refuse to announced a unilateral ceasefire of six execute five arrest warrants issued by the ICC months, extending a previous ceasefire for Sudanese nationals, including two announced in October 2015. On 17 June, warrants for President al-Bashir on charges President al-Bashir declared a four-month of genocide, crimes against humanity and unilateral cessation of hostilities in Blue Nile war crimes allegedly committed in Darfur. and South Kordofan. In October, he extended the cessation of hostilities in these areas to ARMED CONFLICT the end of year. Darfur Despite the declared cessation of The security and humanitarian situation in hostilities, government forces and the SPLM- Darfur remained dire, as the armed conflict N engaged in sporadic military attacks in entered its thirteenth year in 2016. Sudan People’s Liberation Army-North In January, government forces launched a (SPLA-N) controlled areas. The armed large-scale military campaign in the Jebel conflict was characterized by aerial and Marra area of Darfur. Co-ordinated ground ground attacks by government forces, many and air attacks targeted locations throughout directed at civilian objects – that is, objects Jebel Marra until May. After that, the which are not military objectives – as well as seasonal intensified, making ground denial of humanitarian access to civilians.3 attacks impractical throughout most of the area; air operations continued, however, FREEDOM OF ASSOCIATION through to mid-September. Civil society activists were subjected to A large number of crimes under arbitrary arrests and arbitrary restrictions on international law and human rights violations their activities. committed by Sudanese government forces On 28 January, the NISS stopped a were documented, including the bombing of seminar organized at Al Mahas Club in the civilians and civilian property, the unlawful capital Khartoum by a committee opposed to killing of men, women and children, the the building of the Kajbar and Dal dams in abduction and rape of women, the forced Northern Sudan state. The committee displacement of civilians and the looting and claimed the dams would have a damaging destruction of civilian property, including the social and environmental impact. The NISS destruction of entire villages. detained 12 people before releasing them Evidence was also documented that later that day. suggested the Sudanese government forces The NISS raided the office of the NGO repeatedly used chemical weapons during TRACKS (Khartoum Centre for Training and attacks in Jebel Marra.2 Satellite imagery, Human Development) on 29 February and more than 200 in-depth interviews with confiscated mobile phones and laptops, as survivors and expert analysis of dozens of well as documents, the passports of those images of injuries indicated that at least 30 present and two vehicles. They detained the probable chemical attacks took place in Jebel Director of TRACKS, Khalafalla Mukhtar, for Marra between January and September six hours, along with another TRACKS 2016. An estimated 200 to 250 people may employee and Mustafa Adam, a visitor and have died as a result of exposure to chemical Director of Al Zarqaa, another civil society weapons agents, with many – or most – being organization.4 On 22 May, the NISS arrested children. Most survivors of the suspected eight TRACKS employees and affiliates. Five

Amnesty International Report 2016/17 343 were released on bail in June, but three were and Awal Al Nahar. The Council said it had detained without charge for nearly three suspended the newspapers because of their months by the Office of the Prosecutor for continued violation of the regulations in the State Security before being transferred to Al Press and Publications Act. Huda Prison to await trial.5 In August, a total of six TRACKS employees and affiliates were ARBITRARY ARRESTS AND DETENTIONS charged with various offences including Across Sudan, NISS officials and members of crimes against the state that carry the death other security forces targeted opposition penalty. The trial had not concluded by the political party members, human rights end of the year.6 defenders, students and political activists for Between 23 and 28 March, four civil arbitrary arrest, detention and other society representatives were intercepted by violations. security officials at Khartoum International On 1 February, NISS officials arrested four Airport while on their way to a high-level students from Darfur in Khartoum after a meeting with diplomats in Geneva, protest organized by the United Popular Switzerland, in preparation for Sudan’s Front, affiliated with the Sudan Liberation examination under the UPR process.7 Movement-Abdul Wahid Al Nour, against the The authorities continued to prevent conflict in Jebel Marra. opposition political parties from organizing In April, violent confrontations between peaceful public activities. The NISS students and security agents went on for prevented the Republican Party from three weeks at the University of Khartoum. marking the anniversary of the execution of The protests erupted because of reports that its founder, Mahmoud Mohamed Taha, on 18 the government was planning to sell some of January. In February, NISS agents prevented the university’s buildings. Dozens of students two opposition political parties – the were arrested during these protests, Sudanese Communist Party and Sudanese including five who were detained without Congress Party – from holding a public event charge in Khartoum.8 They were released in in Khartoum. late April, but some were rearrested in May. NISS agents raided the office of a FREEDOM OF EXPRESSION prominent human rights lawyer, Nabil Adib, Arbitrary restrictions on freedom of in Khartoum on 5 May and arrested 11 expression continued. The authorities people, including eight students who had regularly confiscated newspaper print runs. been expelled or suspended from the During 2016, 12 newspapers had their issues University of Khartoum. All were released by confiscated on 22 different occasions. late June. Dozens of journalists were arrested and In Central Darfur state, on 31 July, NISS interrogated by the NISS Media Office and agents arrested 10 people who had attended the Press and the Publications Prosecution a meeting with the US Special Envoy for Office in Khartoum. Sudan and South Sudan during his visit to In April, the NISS confiscated the daily the region. Of the 10, seven were internally newspapers Akhir Lahzah, Al Sihaa and Al- displaced persons. They were all released in Tagheer, without giving reasons. In May, September.9 Alwan, Al-Mustagilla and Al-Jareeda newspapers were confiscated by the NISS EXCESSIVE USE OF FORCE from the printers. In October, Al Sihaa and The authorities arbitrarily restricted freedom Al-Jareeda newspapers were confiscated. of assembly and, on many occasions, used On 14 August, the National Council for excessive force to disperse gatherings, Press and Publications suspended resulting in several deaths and numerous indefinitely the publication of four injuries. No investigations were conducted newspapers: Elaf, Al-Mustagilla, Al Watan into the deaths.

344 Amnesty International Report 2016/17 In February, NISS officials and students 9. Sudan: Eight arrested, whereabouts unknown (AFR 54/4617/2016) affiliated to the ruling National Congress Party 10. Sudan: Government must investigate brutal killing of 18-year-old violently disrupted a public seminar university student by intelligence agents (News story, 20 April) organized by a political opposition party at the University of El Geneina. A number of students were seriously injured, and one, SWAZILAND Salah al Din Qamar Ibrahim, died as a result of his injuries. Kingdom of Swaziland On 19 April, Abubakar Hassan Mohamed Head of state: King Mswati III Taha, an 18-year-old student at the University Head of government: Barnabas Sibusiso Dlamini of Kordofan, was shot in the head by NISS agents in Al Obied, capital of North Kordofan Legislation continued to be used to repress state. The students had been marching dissent. The High Court ruled that security peacefully when heavily armed NISS agents legislation violated the rights to freedom of intercepted them, reportedly shooting into the expression, of association and of assembly, crowd, in an attempt to prevent them from which were protected under the taking part in student union elections. Constitution. The findings of an inquest into Another 27 students were injured, five of a death in police custody were not them seriously. The killing of Abubakar disclosed. There was insufficient protection Hassan Mohamed Taha provoked nationwide against torture and other ill-treatment. student protests.10 Legislation gave the police wide-ranging On 27 April, 20-year-old Mohamad Al powers to use lethal force, contrary to Sadiq Yoyo, a second-year student at the international human rights law and Omdurman Al Ahlia University in Khartoum standards. state, was shot dead by NISS agents. On 8 May, police forces in Kosti city in BACKGROUND White Nile state violently dispersed a Two thirds of the population continued to live peaceful sit-in organized by the Faculty of below the poverty line. In October, the Engineering Students’ Association of the Afrobarometer research network reported University of Al-Imam Al-Mahdi. The police that around half the population said they reportedly used tear gas and batons, injuring often went without food and water, and over a about seven students, four of them seriously. third said that medical care was inadequate. LEGAL DEVELOPMENTS 1. Sudan: Amnesty International public statement at the 33rd session of the UN Human Rights Council (AFR 54/4875/2016) In May, the King appointed seven senior 2. Sudan: Scorched earth, poisoned air – Sudanese government forces lawyers to act as Supreme Court judges. The ravage Jebel Marra, Darfur (AFR 54/4877/2016) appointments were made in contravention of 3. Sudan: Five years and counting – Intensified aerial bombardment, Article 153 of the Constitution, which ground offensive and humanitarian crisis in South Kordofan state stipulates that judges be appointed in an (AFR 54/4913/2016) open, transparent and competitive process. 4. Sudan: Ten civil society activists harassed by NISS (AFR As a result, the Law Society of Swaziland 54/3634/2016) boycotted the November Supreme Court 5. Sudan: Further information – three human rights defenders still session and demanded the appointment of detained (AFR 54/4267/2016) permanent judges in line with the 6. Sudan: Drop all charges and release activists detained for exercising Constitution. their rights (News story, 29 August) In September, the High Court ruled that 7. Sudan blocks civil society participation in UN-led human rights sections of the 1938 Sedition and Subversive review (AFR 54/4310/2016) Activities Act (SSA) and the 2008 8. Sudan: Student activists detained without charge (AFR Suppression of Terrorism Act (STA) were 54/3861/2016) invalid as they infringed on constitutionally

Amnesty International Report 2016/17 345 protected rights to freedom of expression, same month. He was awaiting trial at the end association and assembly. The judgment of the year. came after provisions in the laws were challenged in the applications filed in 2009 DEATHS IN CUSTODY by human rights lawyer Thulani Maseko. The authorities had still not made public any Thulani Maseko was charged under the SSA findings of an inquest into the death in police in 2009. Another application was filed in custody of Luciano Reginaldo Zavale, a 2014 by Mario Masuku and Maxwell Dlamini, Mozambican national, in June 2015. leaders of the banned opposition People’s Independent forensic evidence indicated that United Democratic Movement (PUDEMO), he did not die of natural causes and the who were charged under both Acts in 2014; inquest began in August 2015. According to and by Mlungisi Makhanya and seven others, reports, it reached a conclusion the same who were also charged under the Acts in year. Luciano Reginaldo Zavale died on the 2014. The government appealed against the day he was arrested on allegations that he High Court’s decision in September. The was in possession of a stolen laptop. appeal was due to be heard in early 2017. TORTURE AND OTHER ILL-TREATMENT FREEDOMS OF ASSEMBLY AND The authorities failed to address inadequate ASSOCIATION legislative protection against torture and other The Public Order Bill, if passed, would ill-treatment. Swaziland took no steps to undermine rights to freedom of peaceful enact national legislation to give effect to its assembly and of association. Among other obligations under the UN Convention against things, it would criminalize the act of Torture to which it acceded in 2004, nor to organizing a public gathering without prior ratify the Optional Protocol to the UN notification to the authorities. The bill, which Convention against Torture. was expected to be passed by the Senate, The Constitution (under Section 15(4)) before being ratified by the King, remained in allowed for the use of lethal force by police in draft form at the end of the year. a range of circumstances, including to defend property; to make a lawful arrest or to FREEDOM OF EXPRESSION prevent the escape of a lawfully detained In June 2016, The Nation Magazine person; to suppress a riot; or to prevent the published an article by Thulani Maseko in commission of a serious criminal offence. which he questioned the independence of These grounds remained inconsistent with the judiciary. Following this, he and the international human rights law and magazine’s editor, Bheki Makhubu, were standards. served with summonses for defamation by an There was no independent mechanism for acting judge of the Supreme Court who had investigating abuses committed by the police. been appointed in May. By the end of the year, no investigations had William Mkhaliphi, an elderly sugar cane been undertaken into an incident in February farmer from Vuvulane, in northeastern when Ayanda Mkhabela, a student at the Swaziland, was arrested by police in August University of Swaziland (UNISWA), was run after he voiced concerns about alleged royal over by an armoured police vehicle during a investments and land grabbing. He had student protest, and left paralysed. raised concerns at the traditional Sibaya meeting convened by the King in Ludzidzini WOMEN’S RIGHTS Royal Village where the community were Despite high levels of gender-based violence, invited to give their views on national issues. the Sexual Offences and Domestic Violence William Mkhaliphi was charged following Bill, introduced in Parliament in 2009, had spurious allegations of theft and released on not been enacted. Women and girls bail by the Magistrates’ Court in Simunye the experiencing gender-based violence had few

346 Amnesty International Report 2016/17 remedies available to them under domestic three years for persons granted refugee law. Nor were they sufficiently protected in status and of 13 months for persons granted law from forced or early marriages. subsidiary protection. The law also withdrew the possibility of family reunification for those RIGHT TO AN ADEQUATE STANDARD granted subsidiary protection. OF LIVING In May, Swaziland’s human rights record was DISCRIMINATION – ROMA AND examined under the UN Universal Periodic SAMI PEOPLES (UPR) review process during which a Two UN Committees expressed serious number of concerns were raised. They concerns about Sweden’s treatment of Roma included the need to address barriers in citizens of other European countries. In April, access to primary education; the the UN Human Rights Committee called on reintegration of girls into the education Sweden to ensure that Roma had equal system after giving birth; non-discriminatory access to opportunities and services, citing access to health and education services concerns about their limited access to irrespective of perceived or actual sexual education, employment, housing and health orientation or gender identity; and the need care. In July, the UN ICESCR Committee for measures to be taken to combat and raised similar concerns, including the eradicate forced labour. resulting vulnerability to forced eviction of many Roma living in informal settlements. DEATH PENALTY Romani people remained at risk of hate No death sentences were imposed during the crimes based on their ethnicity. year. Despite recommendations for a In July, the District Court of Stockholm moratorium on the death penalty during the found that the Skåne police database of UPR, the death penalty was maintained by nearly 5,000 Swedish-Roma people Swaziland. constituted ethnic discrimination and breached Swedish law. The Court awarded compensation to the complainants for the harm suffered; an appeal by the state was SWEDEN pending at the end of the year. Kingdom of Sweden The UN Human Rights Committee and the Head of state: King Carl XVI Gustaf ICESCR Committee, in April and July Head of government: Stefan Löfven respectively, raised continuing concerns about the ability of Sami people to enjoy the New restrictions on residence permits and rights of Indigenous Peoples, notably their family reunification for refugees and others land rights. granted protection came into force. Roma and Sami peoples faced ongoing RIGHTS OF LESBIAN, GAY, BISEXUAL, discrimination. A parliamentary committee TRANSGENDER AND INTERSEX PEOPLE published recommendations to reform In April, the government announced a inadequate laws on rape. scheme to provide financial compensation to transgender people who had been required REFUGEES AND ASYLUM-SEEKERS to undergo forced sterilization to legally In June, Parliament passed a temporary law change their gender. affecting people entitled to international protection that would apply for three years VIOLENCE AGAINST WOMEN AND GIRLS after coming into force in July. The law limits In October, the 2014 Sexual Offences the length of the residence permits given to Committee inquiry into sexual offences persons granted protection, from permanent presented its proposals to the government. residence permits to temporary permits of They included the introduction of a consent-

Amnesty International Report 2016/17 347 based definition of rape, and liability for duty to take into account the needs of negligence for sexual offences.1 vulnerable asylum-seekers. In the second half of the year, civil society ARMS TRADE organizations reported that authorities had The Inspectorate of Strategic Products (ISP) pushed back to Italy several thousand − the national authority charged with the asylum-seekers, including several hundred control and compliance of defence material unaccompanied minors; some of them had and dual-use products − cleared the sale by close family members living in Switzerland. the Saab Group of the advanced air radar In July, the Federal Administrative Court system GlobalEye to the United Arab concluded that the State Secretariat for Emirates. Concerns raised by journalists Migration had not effectively investigated the alleging a lack of due diligence prior to the case of an asylum-seeking Nigerian woman 2010 sale of the Saab 2000 airborne early who was allegedly trafficked into Switzerland. warning and Erieye control system to Saudi Asylum-seeking children in reception Arabia, were left unanswered as the ISP’s centres continued to be denied access to records remained classified. Concerns education. On 1 October, a new law imposing remained regarding the possible use of these a duty on cantonal authorities to ensure their technologies by the Saudi Arabia-led coalition right to education entered into force. in the conflict in Yemen to commit or Concerns remained regarding the restrictions facilitate serious violations of international imposed on the right of freedom of human rights and humanitarian law. movement of asylum-seekers in most federal reception centres.

1. Sweden: Submission to the UN Committee on the Elimination of Discrimination against Women (EUR 42/3305/2016) POLICE AND SECURITY FORCES In July, the National Commission for the Prevention of Torture raised concerns about police using disproportionate force in some SWITZERLAND cantons during operations to deport migrants. Concerns remained regarding the Swiss Confederation attempted deportations of asylum-seekers Head of state and government: Johann Schneider- Ammann (replaced Simonetta Sommaruga in January) with severe mental illnesses. In June, authorities in Neuchâtel unsuccessfully tried to deport a Kurdish asylum-seeker to A new law on asylum introduced free legal Bulgaria despite his earlier attempt to commit counselling for asylum-seekers. However, suicide. In September, two Syrian women concerns remained regarding the respect of asylum-seekers, who had been admitted to a the rights of refugees and migrants. psychiatric hospital in Schaffhausen, Authorities pushed back thousands of attempted suicide shortly after police had asylum-seekers to Italy. In September, the removed them from the hospital to deport new surveillance law was accepted in them. The Zurich Public Prosecutor Office a referendum. opened an investigation into the events shortly after. REFUGEES’ AND MIGRANTS’ RIGHTS In June, a new law on asylum, which had DISCRIMINATION been adopted in September 2015, was In May, the Lower Chamber of accepted by referendum and partly entered the Federal Parliament (National Council) into force. The law introduced some positive voted in favour of a bill allowing second- measures, including free legal counselling for parent adoption for same-sex couples. asylum-seekers as of 2019, and the legal In July, the prohibition of full-face veils entered into force in the Ticino canton. In

348 Amnesty International Report 2016/17 September, the Lower Chamber of the and direct attacks on civilians and civilian Federal Parliament (National Council) objects using aerial bombing and artillery, adopted a bill to ban full-face veils at the causing thousands of civilian casualties. national level. The bill was pending before There were reports that government forces the Upper Chamber (Council of States) at the also used chemical agents. Government end of the year. forces maintained lengthy sieges that In November, the Zurich District Court trapped civilians and cut their access to rejected the appeal introduced by Mohamed essential goods and services. The Wa Baile, a Swiss citizen of Kenyan origin, authorities arbitrarily arrested and detained who in February 2015 alleged that the police thousands, subjecting many to enforced identity check that he was subjected to at the disappearance, prolonged detention and Zurich train station was based on racial unfair trials, and continued to discrimination. systematically torture and otherwise ill-treat On 2 December, the government detainees causing deaths in detention. They submitted to Parliament the bill authorizing also committed unlawful killings, including the ratification of the Council of Europe extrajudicial executions. The armed group Convention on preventing and combating Islamic State (IS) besieged civilians, carried violence against women and domestic out direct attacks on civilians and violence (Istanbul Convention). indiscriminate attacks, sometimes reportedly using chemical agents, COUNTER-TERROR AND SECURITY perpetrated numerous unlawful killings, and In May, the Secretary of State for Migration subjected thousands of women and girls to launched a procedure to strip a 19-year-old sexual slavery and other abuses. Other non- bi-national of his Swiss nationality for having state armed groups indiscriminately shelled allegedly joined the armed group Islamic and besieged predominantly civilian areas. State without him being charged with any US-led forces carried out air strikes on IS criminal offence. and other targets, in which hundreds of In September, the surveillance law, which civilians were killed. By the end of the year, had been adopted in September 2015, was the conflict had caused the deaths of more accepted in a referendum. The law grants than 300,000 people, displaced 6.6 far-reaching powers to the Federal million people within Syria and forced 4.8 Intelligence Service to access personal million people to seek refuge abroad. information from a variety of sources and for vaguely defined aims, including BACKGROUND counteracting terrorist threats. The armed conflicts in Syria continued throughout the year with ongoing international participation. Syrian government and allied forces, including Lebanese SYRIA Hizbullah and other non-Syrian armed Syrian Arab Republic groups and militias, controlled much of Head of state: Bashar al-Assad western Syria and made advances in other Head of government: Imad Khamis (replaced Wael contested areas. They were supported by Nader al-Halqi in June) Russian armed forces, which carried out large-scale aerial attacks across Syria, killing Parties to the armed conflicts in Syria and injuring thousands of civilians according committed war crimes, other serious to human rights organizations. Some Russian violations of international humanitarian law air strikes appeared to be indiscriminate or to and gross human rights abuses with amount to direct attacks on civilians and impunity. Government and allied Russian civilian objects, which would constitute war forces carried out indiscriminate attacks crimes.

Amnesty International Report 2016/17 349 Non-state armed groups primarily fighting government forces controlled northwestern ARMED CONFLICT – VIOLATIONS BY and other areas, while forces of the SYRIAN GOVERNMENT FORCES AND Autonomous Administration controlled most ALLIES, INCLUDING RUSSIA of the predominantly Kurdish northern border Indiscriminate attacks and direct attacks on regions. IS held parts of eastern and central civilians Syria but lost ground during the year. Government and allied forces continued to The UN Security Council remained divided commit war crimes and other serious on Syria and unable to secure a path to violations of international law, including direct peace. Efforts made by the UN Special Envoy attacks on civilians and indiscriminate for Syria to promote peace talks were largely attacks. Government forces repeatedly unsuccessful. In February, a Security Council attacked areas controlled or contested by resolution endorsed a cessation of hostilities armed opposition groups, killing and injuring agreed by Russia and the USA, but it was civilians and damaging civilian objects in short-lived. In October, Russia vetoed a draft unlawful attacks. They regularly bombarded Security Council resolution calling for an end civilian areas using explosive weapons with to aerial attacks on Aleppo city and for wide-area effects, including artillery shelling unimpeded humanitarian access. After and unguided, high-explosive barrel bombs government forces gained control of Aleppo dropped from helicopters. The attacks in December, however, Russian President caused numerous civilian deaths and Vladimir Putin announced that a ceasefire injuries, including of children. backed by both Russia and Turkey had been Government and allied Russian aircraft agreed between the government and some carried out several apparently deliberate opposition forces, to be followed by new attacks on hospitals, medical centres and peace negotiations that would commence in clinics and aid convoys, killing and injuring January 2017. On 31 December, the UN civilians, including medical workers. Security Council unanimously adopted a As the year progressed, government forces resolution welcoming the new peace effort with Russian support increased attacks on while also calling for the “rapid, safe and eastern Aleppo, hitting residential homes, unhindered” delivery of humanitarian aid medical facilities, schools, markets and across Syria. mosques, killing hundreds of civilians. The Independent International Russian-made cluster munitions were also Commission of Inquiry on the Syrian Arab scattered across the area, with unexploded Republic, established by the UN Human munitions posing an ongoing risk to civilians. Rights Council in 2011, monitored and Two barrel bombs allegedly containing reported on violations of international law chlorine gas were dropped by suspected committed in Syria although the Syrian government aircraft on 1 August on two government continued to deny it entry to residential neighbourhoods controlled by the country. non-state armed groups in Saraqeb city, Idleb In December, the UN General Assembly province, reportedly injuring at least agreed to establish an independent 28 civilians. international mechanism to ensure On 26 October, suspected government or accountability for war crimes and crimes Russian aircraft bombed a school compound against humanity committed in Syria since in Haas, Idleb governorate, killing at least 35 March 2011. civilians including 22 children and six teachers.

Sieges and denial of humanitarian access Government forces maintained prolonged sieges of predominantly civilian areas

350 Amnesty International Report 2016/17 controlled or contested by armed groups, NGO Physicians for Human Rights accused including in Eastern Ghouta, Mouadhamiyah government forces and their allies of al-Sham, Madaya, Daraya and, from responsibility for more than 90% of September, eastern Aleppo. The government 400 attacks against medical facilities and sieges exposed civilian residents to starvation 768 deaths of medical personnel since and deprived them of access to medical care March 2011. and other basic services, while subjecting The UN reported that 44 health facilities them to repeated air strikes, artillery shelling were attacked in July alone. Four hospitals and other attacks. and a blood bank in eastern Aleppo city were The sieges prevented civilians leaving the struck in aerial attacks on 23 and 24 area to seek medical care. For example, on July. One, a children’s hospital, was hit twice 19 March a three-year-old boy reportedly in less than 12 hours. died in al-Waer, in Homs city, after government forces prevented him from ARMED CONFLICT – ABUSES BY leaving the area to receive medical care for a ARMED GROUPS head injury. Non-state armed groups committed war On 12 May, government forces prevented crimes, other violations of international a UN humanitarian aid delivery, due to be the humanitarian law and serious human first since 2012, from entering Daraya. rights abuses. Government forces fired mortars into a residential area of the town, killing two Indiscriminate attacks and direct attacks on civilians. In June, government forces allowed civilians two limited convoys to enter Daraya but IS forces carried out direct attacks on simultaneously intensified their indiscriminate civilians as well as indiscriminate attacks in attacks using barrel bombs, a napalm-like which there were civilian casualties. IS incendiary substance and other munitions, claimed responsibility for a series of suicide forcing the town’s remaining inhabitants to and other bomb attacks in the Sayida Zaynab submit to being evacuated in late August. district of southern Damascus, including one From July, government forces trapped on 21 February in which 83 civilians some 275,000 people in eastern Aleppo, were killed. subjecting them to intensified air strikes, IS forces also carried out suspected including bombing by Russian forces. chemical weapons attacks, including in Suspected government and Russian aircraft August and September in northern Syria. bombed a UN/Syrian Arab Red Crescent aid Munitions fired by IS at Um Hawsh, near convoy destined for eastern Aleppo on 19 Marea, Aleppo governorate, on 16 September September at Urum al-Kubra, killing at least caused blistering and other symptoms 18 civilians including aid workers, and common with exposure to mustard agent. destroying aid lorries. Some of those affected were civilians. The Fatah Halab (Aleppo Conquest) Attacks on medical facilities and workers coalition of opposition armed groups Government forces continued to target health repeatedly carried out indiscriminate artillery, facilities and medical workers in areas rocket and mortar attacks on the Sheikh controlled by armed opposition groups. They Maqsoud district of Aleppo city, controlled by repeatedly bombed hospitals and other Kurdish People’s Protection Units known as medical facilities, barred or restricted the the YPG, killing at least 83 civilians and inclusion of medical supplies in humanitarian injuring more than 700 civilians between aid deliveries to besieged and hard-to-reach February and April. In May, at least four areas, and disrupted or prevented health civilians in the area required medical care provision in these areas by detaining treatment for symptoms that suggested they medical workers and volunteers. In June, the had been exposed to a chlorine attack.

Amnesty International Report 2016/17 351 Armed opposition groups fired imprecise an area controlled by Jaysh al-Islam and mortars and missiles into government-held other armed groups. western Aleppo, killing at least 14 civilians on There was no news of the fate or 3 November, according to the independent whereabouts of human rights defender monitoring group Syrian Network for Abdullah al-Khalil since his abduction by Human Rights. suspected IS members in al-Raqqa city on the night of 18 May 2013. Unlawful killings IS forces committed war crimes by summarily ARMED CONFLICT – AIR STRIKES killing civilians as well as members of rival BY US-LED FORCES armed groups and government forces whom The US-led international coalition continued they held prisoner. In areas of al-Raqqa, Deyr its campaign of air strikes begun in al-Zur and eastern Aleppo that it controlled, September 2014, predominantly against IS IS carried out frequent public execution-style but also certain other armed groups in killings, including of people they accused of northern and eastern Syria, including Jabhat spying, smuggling, adultery and blasphemy. Fatah al-Sham (previously known as Jabhat On 28 July, IS members were reported to al-Nusra). The air strikes, some of which have summarily killed at least 25 civilian appeared to be indiscriminate and others women, men and children, at Buwayr village disproportionate, killed and injured hundreds near Manbij. of civilians. They included suspected On 19 July, a video published on the coalition air strikes near Manbij that killed at internet showed members of the Nour al- least 73 civilians at al-Tukhar on 19 July, and Dine al-Zinki Movement ill-treating and then up to 28 civilians at al-Ghandoura on 28 July. beheading a young male. On 1 December, the US-led coalition was reported to have admitted causing the deaths Sieges and denial of humanitarian assistance of 24 civilians near Manbij in July while IS forces besieged and at times asserting that its attack had “complied with indiscriminately shelled government-held the law of armed conflict”. neighbourhoods of Deyr al-Zur city. UN agencies and Russian forces repeatedly air- ARMED CONFLICT – ATTACKS dropped aid into the besieged areas; BY TURKISH FORCES however, local human rights activists reported Turkish forces also carried out air and ground that government forces within the besieged attacks in northern Syria targeting IS and areas seized much of the aid intended for Kurdish armed groups. A Turkish air strike civilians. reportedly killed 24 civilians near Suraysat, a village south of Jarablus, on 28 August. Abductions Both IS and other non-state armed groups ARMED CONFLICT – ABUSES abducted civilians and held them hostage. BY THE PYD-LED AUTONOMOUS In January, Jabhat al-Nusra abducted at ADMINISTRATION least 11 civilians from their homes in the city Forces of the Autonomous Administration, of Idleb. Their fate and whereabouts which was led by the Democratic Union Party remained undisclosed at the end of the year. (PYD), controlled most of the predominantly The fate and whereabouts of human rights Kurdish northern border regions. In February, defender Razan Zaitouneh, her husband YPG forces demolished the houses of dozens Wa’el Hamada, and Nazem Hamadi and of Arab civilians in Tal Tamer, al-Hassakeh Samira Khalil also remained undisclosed governorate, accusing the owners of being IS following their abduction on 9 December supporters, according to the UN Office of the 2013 by unidentified armed men in Duma, High Commissioner for Human Rights. The High Commissioner also reported the forced

352 Amnesty International Report 2016/17 recruitment of 12 children by the Asayish, the men. Thousands of people, mostly Kurdish security forces and the YPG. Islamists, remained disappeared since they According to the Syrian Network for were detained by Syrian government forces in Human Rights, YPG shelling and sniper the late 1970s and early 1980s. attacks killed at least 23 civilians in opposition-held areas of Aleppo city between TORTURE AND OTHER ILL-TREATMENT February and April. Torture and other ill-treatment of detainees by government security and intelligence REFUGEES AND INTERNALLY agencies and in state prisons remained DISPLACED PEOPLE systematic and widespread. Torture and other Millions of people continued to be displaced ill-treatment continued to result in a high by the conflicts. Some 4.8 million people fled incidence of detainee deaths, adding to the Syria between 2011 and the end of 2016, thousands of deaths in custody since 2011.1 including 200,000 who became refugees In August the Human Rights Data Analysis during 2016, according to UNHCR, the UN Group, an NGO that uses scientific refugee agency. In the same six-year period, approaches to analyze human rights around 6.6 million others were internally violations, estimated that there were at least displaced within Syria, half of them children, 17,723 deaths in government custody according to the UN Office for the between March 2011 and December 2015, Coordination of Humanitarian Affairs. The resulting from torture and other ill-treatment. authorities in the neighbouring states of Turkey, Lebanon and Jordan, which hosted UNFAIR TRIALS nearly all of the refugees (including The authorities prosecuted some perceived Palestinians displaced from Syria), restricted opponents before the Anti-Terrorism Court the entry of new refugees, exposing them to and the Military Field Court, both of whose further attacks and deprivation in Syria. More proceedings were flagrantly unfair. Judges than 75,000 refugees from Syria crossed by failed to order investigations into allegations sea or land to Europe; many European and by defendants that they had been tortured or other states failed to accept a fair share of otherwise ill-treated or coerced into making refugees from Syria through resettlement or “confessions” that were used as evidence other safe and legal routes. against them at trial. ENFORCED DISAPPEARANCES UNLAWFUL KILLINGS Government forces held thousands of Government and allied forces committed detainees without trial, often in conditions unlawful killings, including extrajudicial that amounted to enforced disappearance, executions. On 13 December, the UN High adding to the tens of thousands whose fate Commissioner for Human Rights said that and whereabouts remained undisclosed government and allied forces had entered following their enforced disappearance by civilian homes and committed summary government forces since 2011. They killings as they advanced through east included peaceful critics and opponents of Aleppo and that, according to “multiple the government as well as family members sources”, they had killed at least 82 civilians, detained in place of relatives whom the including 13 children, on 12 December. authorities sought. Those who remained forcibly disappeared WOMEN’S RIGHTS included human rights lawyer Khalil Ma’touq On 15 June the independent Commission of and his friend Mohamed Thatha, missing Inquiry determined that thousands of Yazidi since October 2012. Released detainees said women and girls were forcibly transferred by they had seen Khalil Ma’touq in government IS forces into Syria from Sinjar, Iraq, sold in detention but the authorities denied holding markets and held in slavery, including sexual

Amnesty International Report 2016/17 353 slavery. Many women and girls were government’s decision to charge the subjected to sexual violence, rape and other protesters was a “political reaction” to the torture. Women and girls caught trying to demonstration instead of merely a “legal escape were gang-raped or otherwise case”. In March 2014, student-led protests tortured or harshly punished; one woman against the Cross-Strait Services Trade said that the fighter who had bought her Agreement between Taiwan and China, killed several of her children and repeatedly referred to as the “Sunflower Movement”, raped her after she had tried to flee. had led to 24 days of demonstrations, the occupation of the Legislative Yuan (Taiwan’s DEATH PENALTY parliament), and a 10-hour occupation of the The death penalty remained in force for Executive Yuan, the government offices. many offences. The authorities disclosed little information about death sentences and no DEATH PENALTY information on executions. Two weeks before the previous government ended its term in May, the Taichung Branch of the Taiwan High Court released Cheng 1. “It breaks the human”: Torture, disease and death in Syria’s prisons (MDE 24/4508/2016) Hsing-tse on bail pending a retrial. He had served 14 years in prison after he was convicted of the murder of a police officer during an exchange of gunfire at a karaoke TAIWAN parlour in Taichung in 2002. The Prosecutor- General’s office applied for a retrial in March, Taiwan citing new evidence which raised doubts Head of state: Tsai Ing-wen (replaced Ma Ying-jeou in May) about his conviction. This was the first retrial Head of government: Lin Chuan (replaced Mao Chi-kuo sought in a case where the final Supreme in May) Court’s ruling upheld the death sentence. In July 2016, the Prosecutor-General Elections in January resulted in Tsai Ing- applied for an extraordinary appeal for Chiou wen of the Democratic Progressive Party Ho-shun. He had been imprisoned since (DPP) becoming the country’s first woman 1989, the longest-serving death row inmate President. There were some positive in modern Taiwan history. The application developments in three longstanding death cited the failure of previous courts to omit penalty cases but several violent incidents evidence from a coerced “confession”. Chiou sparked public calls for retaining the Ho-shun was tortured in custody and forced punishment. The new government decided to “confess” before being found guilty of to drop charges against more than 100 robbery, kidnapping and murder. protesters from the 2014 “Sunflower On 13 October, the Supreme Court upheld Movement”. The same-sex couple the High Court’s decision to acquit Hsu Tzi- relationship register was extended to 10 chiang, who had repeatedly appealed against municipalities and counties. The Legislative his convictions for kidnapping, extortion and Yuan’s judicial committee passed murder in 1995. amendments to the Civil Code proposed by two DPP legislators, a step towards REFUGEES AND ASYLUM-SEEKERS legalizing same-sex marriage. The Legislative Yuan’s Internal Administration Committee passed a second reading of a FREEDOM OF ASSEMBLY refugee bill on 14 July. It would be the first On 23 May, Prime Minister Lin Chuan such law in Taiwan if passed, and may allow announced that the new cabinet was asylum-seekers from mainland China to dropping criminal charges against 126 apply for political asylum in Taiwan. protesters. He stated that the previous

354 Amnesty International Report 2016/17 Exiled members of the banned opposition TAJIKISTAN party, Islamic Renaissance Party of Tajikistan (IRPT) and opposition “Group 24” activists Republic of Tajikistan attended and picketed the annual Human Head of state: Emomali Rahmon Dimension Implementation Meeting of the Head of government: Qokhir Rasulzoda OSCE in Warsaw, Poland, in September. Some reported that police and security The space for peaceful dissent continued to services threatened, arbitrarily detained, shrink drastically. The authorities invoked questioned and in some cases physically national security concerns and the fight assaulted their family members in Tajikistan against terrorism to justify increasingly in retaliation for their peaceful protest in harsh restrictions on freedoms of expression Warsaw. The government delegation left the and association. Members of the banned event early in protest against a “terrorist opposition Islamic Renaissance Party of organisation banned in Tajikistan” being Tajikistan (IRPT) were sentenced to life and admitted among other civil society long-term imprisonment on terrorism participants. charges in blatantly unfair secret trials. Allegations that they were tortured to obtain UNFAIR TRIALS confessions were not effectively and The authorities continued to emphatically impartially investigated. Lawyers reject allegations of the politically motivated representing IRPT members faced criminal prosecution, unfair trial and torture harassment, arbitrary detention, prosecution and other ill-treatment of 14 IRPT leaders for and long prison terms on politically their alleged role in the September 2015 motivated charges. clashes. The trial at the Supreme Court began in February and was conducted in BACKGROUND secrecy, inside the pre-trial detention centre In May a national referendum approved wide- of the State Committee for National Security. ranging amendments to the Constitution. In June, all the defendants were convicted. These included removing the limit on Two deputy IRPT leaders, Umarali Khisainov presidential terms in office, effectively (also known as Saidumur Khusaini) and enabling President Rahmon to retain the Makhmadali Khaitov (Mukhammadalii Hait), presidency beyond the next elections, and were given life sentences. Zarafo Khujaeva banning religion- and nationality-based (Rakhmoni) was sentenced to two years in political parties. In November “insulting the prison; she was released on 5 September leader of the nation” was made a criminal under a presidential pardon. Other sentences offence. ranged from 14 to 28 years. At least 170 individuals were prosecuted, The sparse initial official information convicted and sentenced to prison for their relating to the prosecution of the IRPT alleged involvement in the armed clashes leaders, including the charges they faced, between government forces and armed had already been removed from official groups in the capital, Dushanbe, in sources (including the Prosecutor General’s September 2015, which the authorities Office website and the official news agency described as an attempt to seize power by a Khovar) in 2015, and any further information former deputy defence minister, Abdukhalim suppressed. The defence lawyers were Nazarzoda. Due to the authorities’ near-total compelled to sign non-disclosure agreements control of news reporting there was little regarding all details of the case and the legal independent public scrutiny of the official proceedings. The verdict and official records account which, in turn, cast doubt on the of the court proceedings were not officially prosecutions. released. In August, a leaked copy of the verdict was published online. The Prosecutor

Amnesty International Report 2016/17 355 General’s Office refused to comment on its authenticity but its suspected source was TORTURE AND OTHER ILL-TREATMENT nevertheless prosecuted (see below). In May, legal safeguards against torture and In March the UN Special Rapporteur on other ill-treatment of detainees were freedom of expression expressed concern strengthened. These included: reducing the that “the drastic measures taken against maximum length of time a person can be IRPT represent a serious setback for an open held in detention without charge to three political environment. The government days; defining detention as starting from the accuses the IRPT and its members of serious moment of de facto deprivation of liberty; crimes but it has refused to give public giving detainees the right to confidential access to the trial and evidence”.1 access to a lawyer from the moment of deprivation of liberty; and making medical Persecution of defence lawyers examinations of suspects obligatory prior to Lawyers who worked on the case of the 14 placing them in temporary detention. IRPT leaders faced harassment, intimidation There were still no independent and, in some cases, arbitrary detention and mechanisms for the investigation of torture or prosecution. In October, the Dushanbe City other ill-treatment. The NGO Coalition against Court sentenced Buzurgmekhr Yorov and Torture registered 60 complaints of torture Nuriddin Makhkamov, two lawyers but believed the real figure to be much representing several co-defendants in the higher. IRPT case, to 23 and 21 years in prison In September, the UN Human Rights respectively following an unfair trial. Apart Council adopted the outcomes of the from the first court hearing in May, all Universal Periodic Review (UPR) of sessions were closed to the media and the Tajikistan. The government rejected public. Both lawyers were found guilty of recommendations to ratify the Optional “arousing national, racial, local or religious Protocol to the Convention against Torture hostility”, fraud, “public calls for violent and set up a National Preventive Mechanism. change of the constitutional order of the It did, however, accept recommendations to Republic of Tajikistan”, and “public calls for ratify the Second Optional Protocol to the undertaking extremist activities”. ICCPR and to fully abolish the death penalty. Buzurgmekhr Yorov was also found guilty of forgery. Both denied any wrongdoing and an FREEDOM OF ASSOCIATION appeal was pending at the end of the year. The Ministry of Justice provided draft Neither will be able to practise law upon regulations for the implementation of the release unless their convictions are fully amended Law on Public Associations. overturned.2 However, it failed to specify time limits for On 22 August, Jamshed Yorov, also a decisions on the compulsory registration of defence lawyer in the IRPT case and the foreign funding for NGOs, or to clarify brother of Buzurgmekhr Yorov, was detained whether a grant could be used before the on charges of “divulging state secrets”. He official registration. The draft regulations was accused of leaking the text of the limited inspections of NGOs to once every Supreme Court’s decision in the IRPT case. two years, but left this rule and the grounds He was released on 30 September. for inspections open to wide interpretation. A second trial against Buzurgmekhr Yorov In January a district court dismissed the opened on 12 December at pre-trial Tax Committee’s liquidation proceedings detention centre number 1 in Dushanbe. He against the established human rights and was accused of disrespecting the court and democracy think tank, Nota Bene. insulting government officials in his final statement to Dushanbe City Court.

356 Amnesty International Report 2016/17 each day fetching water. The Special FREEDOM OF EXPRESSION Rapporteur noted that the lack of water and The authorities continued to impose further sanitation in public institutions in particular restrictions on the media and reduced access had a direct negative impact on other rights, to independent information. In August the such as the rights to health, education, work government issued a five-year decree giving it and life. He urged the government to the right to “regulate and control” the content eliminate disparities in access to water and of all television and radio networks through sanitation and to address the needs of the the State Broadcasting Committee. most vulnerable groups, including women Independent media outlets and individual and girls in rural areas, resettled people, journalists faced intimidation and harassment refugees, asylum-seekers and stateless by police and the security services for persons. covering the IRPT case and other politically The government accepted sensitive issues. Some were forced to leave recommendations from the UPR process to the country. In November, independent improve access to safe drinking water but newspaper Nigoh and independent website rejected recommendations to ratify the Tojnews announced their closure because Optional Protocol to the ICESCR. “conditions no longer exist for independent media and free journalism”. Nigoh had 1. Tajikistan: A year of secrecy, growing fears and deepening injustice reported on the trial of lawyer Buzurgmekhr (EUR 60/4855/2016) Yorov. 2. Tajikistan: A year of secrecy, growing fears and deepening injustice The authorities continued to order internet (EUR 60/4855/2016) service providers to block access to certain news or social media sites, but without acknowledging this publicly. Individuals and groups affected by the measures were not TANZANIA able to effectively challenge them in court. A United Republic of Tanzania government decree also required internet Head of state: John Magufuli providers and telecommunications operators Head of government: Kassim Majaliwa to channel their services through a new Head of Zanzibar government: Ali Mohamed Shein single communications centre under the state-owned company Tajiktelecom. In The rights to freedom of expression and of March, the UN Special Rapporteur on peaceful assembly were restricted. The freedom of expression expressed concern authorities failed to address discrimination that “the widespread blocking of websites on grounds of gender identity and sexual and networks, including mobile services… orientation. was disproportionate and incompatible with international standards”. FREEDOM OF ASSEMBLY The months leading up to elections in RIGHTS TO WATER AND SANITATION Zanzibar in March were marked by violence. In July the UN Special Rapporteur on the At least 200 people were injured, 12 women human right to safe drinking water and sexually assaulted and one woman was sanitation published his report on Tajikistan. raped. More than 100 members of the The report found that approximately 40% of opposition Civic United Front (CUF), the population, and nearly half of the rural including the Director of Publicity, were population, relied on water supply sources arrested for protesting against the election re- which were often insufficient or did not meet run, after the 2015 general elections were water quality standards. This put a significant nullified following claims of irregularities. burden on women and children, some of There were reports of excessive use of force whom spent on average four to six hours against CUF supporters by the police, and an

Amnesty International Report 2016/17 357 unidentified armed group of masked men recommended reform of the Local Customary using government registered vehicles. Law (Declaration No.4) which discriminated Despite many complaints to the authorities, against women in relation to property no prosecutions were brought against the administration and inheritance rights. police. A landmark court decision in September In June, all political rallies were banned by declared unconstitutional Sections 13 and 17 the President until 2020. In response, of the Law of Marriage Act, which allowed opposition parties called for peaceful protests child marriage of girls aged under 18. under the banner UKUTA (Alliance against Tanzania has one of the highest child Dictatorship in Tanzania), which resulted in marriage rates in the world, with 37% of girls the police extending the ban to include under 18 already married. The Attorney internal party meetings. Two opposition General appealed against the ruling. leaders and 35 supporters from both the mainland and Zanzibar were arrested and RIGHTS OF LESBIAN, GAY, BISEXUAL, charged with various offences including TRANSGENDER AND INTERSEX PEOPLE incitement to protest. The authorities began a crackdown on LGBTI people, threatening to suspend organizations FREEDOM OF EXPRESSION – that supported them. Staff were arrested and JOURNALISTS documents confiscated during a raid of the Four media houses were closed and offices of the Community Health Education journalists arrested and charged with various Services and Advocacy in August. offences under the Penal Code, the Police arrested 20 LGBTI people in Dar es Cybercrimes Act and the Newspapers Act. Salaam in August. Most were held for more The weekly Mawio was permanently closed than 48 hours before being released without and three journalists were charged with charge. In November, the authorities sedition for reporting on the elections in suspended community-based HIV/AIDS Zanzibar and the ensuing political crisis. The prevention programmes for gay men. weekly Mseto was banned for three years for breach of the Newspapers Act after it published an article implicating a senior government official in corruption. Radio THAILAND stations Radio Five and Magic FM were also Kingdom of Thailand closed for allegedly airing seditious material. Head of State: King Maha Vajiralongkorn Two women and six men were charged Bodindradebayavarangkun (replaced King Bhumibol under the Cybercrimes Act for posting Adulyadej in December) information about the elections and the Head of Government: Prayut Chan-o-Cha President on Facebook. The military authorities further restricted WOMEN’S RIGHTS human rights. Peaceful political dissent, Tanzania failed to implement the whether through speech or protests, and recommendations of the UN Committee on acts perceived as critical of the monarchy the Elimination of Discrimination against were punished or banned. Politicians, Women (CEDAW Committee) in the 2015 activists and human rights defenders faced case E.S. and S.C. v the United Republic of criminal investigations and prosecutions for, Tanzania. The case, submitted before the among other things, campaigning against a Committee in 2012, concerned two proposed Constitution and reporting on Tanzanian widows who, under Tanzania’s state abuses. Many civilians were tried in customary inheritance law, were denied the military courts. Torture and other ill- right to inherit or administer the estates of treatment was widespread. Community land their late husbands. In 2016, the Committee rights activists faced arrest, prosecution

358 Amnesty International Report 2016/17 and violence for opposing development Individuals perceived as supporting projects and advocating for the rights of government critics – including relatives, communities. members of the public, lawyers and journalists – also faced harassment BACKGROUND and prosecution. Thailand remained under the authority of the The Constitutional Referendum Act, which National Council for Peace and Order governed the August referendum, provided (NCPO), a group of military authorities which for up to 10 years’ imprisonment for activities have held power since a 2014 coup. The and statements “causing confusion to affect August referendum approved a draft orderliness of voting”, including by using Constitution that would allow the army to “offensive” or “rude” language to influence retain considerable power. Elections were set votes. The law was used to target those who to follow in late 2017 at the earliest. opposed the draft Constitution. More than The prosecution of former Prime Minister 100 people were reportedly charged with Yingluck Shinawatra for alleged criminal offences related to the referendum.2 negligence in the management of a Amendments to the Computer Crimes Act government rice subsidy scheme continued. allowed for continued surveillance without In October, the government ordered her to prior judicial authorization and failed to bring pay a 35.7 billion baht (US$1 billion) fine the law in line with international law and over the government losses from the scheme. standards on the rights to privacy and The EU remained unsatisfied with the freedom of expression. The authorities also authorities’ progress to end illegal and considered increased online surveillance and unregulated fishing and abusive labour greater control of internet traffic. practices. Individuals were charged with or convicted of offences under Article 112 of the Penal JUSTICE SYSTEM Code for criticizing the monarchy. The Article The Head of the NCPO continued to use carried a prison sentence of up to 15 years. extraordinary powers under Article 44 of the Military courts interpreted the provisions interim Constitution to issue orders, some of broadly and imposed sentences of up to 60 which arbitrarily restricted the exercise of years’ imprisonment for convictions on human rights, including peaceful political multiple counts of the offence, including activities. In March he issued an order against people with mental illnesses. Bail was expanding the law enforcement powers of routinely denied to those arrested under military officers, which allowed officers to Article 112. detain individuals without court approval for a Individuals were charged or convicted broad range of criminal activities.1 under a ban on political gatherings of five or Civilians were tried before military courts more people imposed by a 2015 order from for violations of NCPO orders, crimes against the NCPO Head. It was used especially national security and insulting the monarchy. against opposition political groups and pro- In September, the Head of the NCPO issued democracy activists. In June, the authorities an order rescinding the military courts’ initiated criminal proceedings against 19 jurisdiction over cases involving civilians, members of the United Front for Democracy which was not retroactive. Trials continued in against Dictatorship for holding a press military courts. conference to celebrate the opening of a centre to monitor the constitutional FREEDOMS OF EXPRESSION, referendum. Pro-democracy student activists ASSOCIATION AND ASSEMBLY faced charges in multiple criminal cases for Peaceful critics were penalized for exercising peaceful protests and other public activities their rights to freedom of expression, of opposing military rule and Thailand’s peaceful assembly and of association. draft Constitution.

Amnesty International Report 2016/17 359 The authorities sought to silence those the Computer Crimes Act. A gold mining raising concerns about torture and other ill- company had initiated criminal and civil treatment. In September, Amnesty proceedings against at least 33 people who International was forced to cancel a press opposed its operations. Andy Hall, a conference in the capital Bangkok to launch migrants’ rights activist, was convicted in a report on torture, after officials threatened September for his contribution to a report on to arrest the scheduled speakers.3 labour rights violations by a fruit company.7 Somchai Homla-or, Anchana Heemmina Human rights defenders, especially those and Pornpen Khongkachonkiet were charged working on land issues or with community- with criminal defamation and violations of the based organizations, faced harassment, Computer Crime Act for reporting on torture threats and physical violence. In April, by soldiers in southern Thailand.4 A 25-year- unidentified assailants shot and injured Supoj old woman faced similar charges after Kansong, a land rights activist from the campaigning to hold accountable military Khlong Sai Pattana community in southern officers responsible for the torture and killing Thailand. Four activists from that community of her uncle, a military trainee. had previously been killed; by the end of the Authorities cancelled many events year no one had been held accountable for involving discussions about human rights or the killings.8 In October, the Department of political events. In October, immigration Special Investigations informed human rights officials detained and forcibly returned to lawyer Somchai Neelapaijit’s family that it was Hong Kong pro-democracy activist Joshua closing its investigation into his enforced Wong, who was invited to speak at a disappearance in 2004, due to lack of commemoration of the 1976 massacre of evidence. student protesters by Thai authorities.5 ARMED CONFLICT ARBITRARY ARRESTS AND DETENTION There was little progress in government The authorities continued to use Head of negotiations to resolve a decades-long NCPO Order 3/2015 to arbitrarily detain conflict with ethnic-Malay separatists in individuals incommunicado for up to seven southern Thailand. Insurgents carried out days without charge for what became known numerous attacks on military and civilian as “attitude adjustment” sessions.6 targets in the region and both sides of the Journalist Pravit Rojanaphruk, like many conflict were accused of grave human rights others previously arbitrarily detained, abuses. Insurgent groups targeted civilians remained bound by restrictive conditions of with bombings and, in March, attacked a release. He was prevented from travelling to hospital in Narathiwat province. Helsinki for a UNESCO World Press Freedom Day event. TORTURE AND OTHER ILL-TREATMENT Members of the military continued to torture HUMAN RIGHTS DEFENDERS individuals suspected of links to insurgents in Human rights defenders faced prosecution, the south and political and security detainees imprisonment, harassment and physical elsewhere, facilitated by laws and orders violence for their peaceful work. Sirikan allowing soldiers to detain individuals in Charoensiri, a leading human rights lawyer, unofficial places of detention without judicial was charged with multiple offences, including oversight for up to seven days.9 Two military sedition, for her legal work. She faced up to recruits reportedly died after alleged torture 15 years’ imprisonment. in military camps. Torture and other ill- Economic, social and cultural rights treatment by the security forces in the activists were subject to prosecutions and context of routine law enforcement operations lawsuits initiated by private corporations, were also reported. Police officers and often for alleged defamation or violations of soldiers were also responsible for human

360 Amnesty International Report 2016/17 rights violations against members of occupation (1975-1999) continued to vulnerable communities, including migrant demand justice and reparations. Security workers, ethnic minorities, and suspected forces were accused of unlawful killings, drug users at police stations, roadblocks, and torture and other ill-treatment, arbitrary various unofficial places of detention. arrests, and arbitrarily restricting the rights Thailand considered new legislation to freedom of expression and of peaceful criminalizing torture and enforced assembly. disappearances. BACKGROUND REFUGEES AND ASYLUM-SEEKERS In August, hundreds of civil society activists The legal system did not provide formal gathered in the capital, Dili, at a parallel recognition for refugees and asylum-seekers, conference to an ASEAN summit to discuss leaving many vulnerable to abuse. Asylum- human rights and other regional issues. In seekers, including children, faced months or November, Timor-Leste’s human rights record years of indefinite detention in crowded was examined under the UN Universal immigration detention centres. Scores of Periodic Review (UPR) process. Rohingya people had remained in these centres since they arrived by boat during a IMPUNITY regional migration crisis in 2015. The A working group was established by the authorities did not adequately address their Prime Minister in May to advise the protection needs as asylum-seekers and government on implementation of the potential victims of human trafficking. recommendations of the Commission for Reception, Truth and Reconciliation (CAVR), issued in 2005. Many recommendations 1. Thailand: Human rights groups condemn NCPO Order 13/2016 and urge for it to be revoked immediately (ASA 39/3783/2016) related to impunity had not been 2. Thailand: Open letter on human rights concerns in the run-up to the implemented by the end of 2016. The constitutional referendum (ASA 39/4548/2016) expulsion of non-Timorese judges in 2014 3. Thailand: Torture victims must be heard (News story, 28 September) continued to hamper the trials of individuals indicted for serious crimes. 4. Amnesty International Thailand’s Chair and other activists face jail for exposing torture (News story, 25 July) 5. Thailand: Denial of entry to Hong Kong student activist a new blow to POLICE AND SECURITY FORCES freedom of expression (News story, 5 October) Concerns remained about allegations of 6. Thailand: Prisoner of conscience must be released: Watana unnecessary or excessive use of force, torture Muangsook (ASA 39/3866/2016) and other ill-treatment by security forces, and 7. Thailand: Another human rights activist is unjustly targeted (News a lack of accountability. In August a member story, 20 September) of the Border Control Unit shot and killed a 8. Thailand: Authorities must protect human rights defenders in the line man with mental illness in Suai. In the same of fire (ASA 39/3805/2016) month a police officer hit a journalist in Dili. 9. “Make him speak by tomorrow”: Torture and other ill-treatment in By the end of the year, no one had been held Thailand (ASA 39/4747/2016) to account for the torture and other ill- treatment of dozens of individuals detained during joint security operations in Baucau TIMOR-LESTE district in 2015. These were launched in response to attacks allegedly carried out by Democratic Republic of Timor-Leste Mauk Moruk (Paulino Gama) and his banned Head of state: Taur Matan Ruak Maubere Revolutionary Council against police Head of government: Rui Maria de Araújo in Laga and Baguia subdistricts.1

Victims of serious human rights violations committed during the Indonesian

Amnesty International Report 2016/17 361 FREEDOM OF EXPRESSION BACKGROUND In January, security forces ordered an activist In September, Togo ratified the Second from the NGO Yayasan HAK to remove his T- Optional Protocol to the International shirt saying “Free West Papua”. They also Covenant on Civil and Political Rights, aiming threatened to arrest other human rights at the abolition of the death penalty. activists for their role in organizing a peaceful Togo was examined under the UN protest during a visit by the Indonesian Universal Periodic Review (UPR) process in President and signing a joint statement October.1 Concerns by UN member states calling for accountability for crimes against included impunity and restrictions on humanity during the Indonesian occupation.2 freedom of expression and freedom of On 11 April, two journalists were charged peaceful assembly. States also raised in relation to a defamation lawsuit. concerns about the failure of the authorities to guarantee free birth registration, which can VIOLENCE AGAINST WOMEN AND GIRLS undermine children’s access to education, Gender-based violence remained a significant health care and other social services. issue. A survey revealed that three in five women between the ages of 15 and 49, who EXCESSIVE USE OF FORCE had ever been in a relationship, had suffered In January, police and gendarmerie officers sexual or other physical violence by a threw tear gas canisters at the University of husband or male partner in their lifetime. In Lomé during a protest in which five students April, Timor-Leste became the third southeast and three members of the security forces Asian state to adopt a National Action Plan were injured. for Women, Peace and Security for In August, the security forces injured at 2016-2020. least 10 people during a protest in Abobo- Zéglé. People were protesting against evictions from their land to make room for 1. Timor-Leste: Still no justice – submission to the UN Universal Periodic Review, November 2016 (ASA 57/4531/2016) phosphate extraction. During the protest, 2. Timor-Leste: Harassed for organizing peaceful rally (ASA security forces charged them with tear gas, 57/3334/2016) batons and live ammunition. The community considered they had not received adequate compensation for their eviction. TOGO TORTURE AND OTHER ILL-TREATMENT Togolese Republic In October, the National Assembly adopted a Head of state: Faure Gnassingbé revision of the Criminal Code which defined Head of government: Komi Sélom Klassou torture in line with the UN Convention against Torture and made it an imprescriptible crime. Cases of torture and other ill-treatment Security forces continued to use excessive continued to be reported throughout the year. force against demonstrators. Arbitrary In June, three police officers arrested arrests and detentions, torture and other ill- Ibrahim Agriga at his home in Guerin Kouka. treatment, and impunity for human rights He was taken to a police station and beaten violations persisted. A law revising the with batons on his buttocks and the soles of Criminal Code was adopted to make torture his feet to make him “confess” to a not subject to prescription under Togolese motorbike theft. He was released without law. Other legislative developments charge after three days and filed a complaint undermined the independence of the with the tribunal of Guerin Kouka. No National Human Rights Commission and investigation was known to have been the right to freedom of association. initiated at the end of the year.

362 Amnesty International Report 2016/17 increased government control over their ARBITRARY ARRESTS AND DETENTIONS objectives and activities. The authorities continued to subject people to arbitrary detention, in particular those who IMPUNITY expressed dissent. The climate of impunity for human rights On 1 April, Adamou Moussa and Zékeria violations persisted. Namoro were arbitrarily detained in Dapaong In March, a law was adopted on freedom after they had called for justice for people to access to information and public killed during protests in Mango in November documentation to facilitate greater 2015; seven civilians and one police officer transparency and accountability. However, in were killed. During their interrogation, the April, the National Assembly adopted a new gendarmes accused Zékeria Namoro of Code of Military Justice which will fuel sharing information on the human rights impunity as it gives military courts the power situation in Mango with journalists, diaspora to investigate and judge ordinary criminal groups and human rights organizations. The offences committed by military personnel, men were charged with “incitement to including rape and torture. The courts’ commit a crime” and released on bail on 6 jurisdiction extended to civilians. September. In March, the National Human Rights Five men remained in detention without Commission published its report on the trial in relation to the November 2015 November 2015 demonstrations in Mango. demonstrations in Mango. There were Despite its conclusion that “a lack of concerns that they may be held solely professionalism of certain elements of the because they were the organizers of the security and law enforcement forces and the protest. insufficiency of the elements deployed” led Seven out of 10 men convicted in to “an excessive use of force”, no member of September 2011 for participating in a 2009 the security forces had been brought to trial coup plot, including Kpatcha Gnassingbé, and none of the victims had received half-brother of the President, remained in compensation at the end of 2016. detention at the end of 2016. More than 11 years have passed since the deaths of nearly 500 people during the FREEDOM OF ASSOCIATION violence surrounding the presidential election In April, the Council of Ministers adopted a of 24 April 2005, the authorities have taken bill on freedom of association which failed to no steps to identify those responsible for the meet international standards. It stated that deaths. Of the 72 complaints filed by the “foreign or international associations” victims’ families with the Atakpamé, Amlamé required prior authorization to operate in and Lomé courts, none are known to have Togo. The law also provided that associations been fully investigated. must respect national laws and morals. This could be used to discriminate against LEGAL, CONSTITUTIONAL OR lesbian, gay, bisexual, transgender and INSTITUTIONAL DEVELOPMENTS intersex people, as sexual relations between In March, the National Assembly adopted a consenting adults of the same sex remained law enabling the President to appoint a crime. The bill also provided that members of the National Human Rights associations may be dissolved on the basis of Commission without parliamentary oversight. a decision of the Council of Ministers or the The law also established the National Minister of Territorial Administration in the Preventive Mechanism – aimed at preventing case of “foreign and international and investigating cases of torture – within the associations”. Finally, it granted tax National Human Rights Commission, raising incentives to associations which accepted concerns about its ability to function independently.

Amnesty International Report 2016/17 363 selection, appointment, transfer, removal, 1. Togo: The participating states to the UPR review must call for the discipline and training of judges and protection of the rights to freedom of association, peaceful assembly and expression in Togo (AFR 03/5064/2016) prosecutors, were announced in October. The establishment of the Supreme Judicial Council finally allowed for the creation of the Constitutional Court, as it is responsible for TUNISIA appointing a third of the Court’s members. Parliament approved a proposed law Republic of Tunisia criminalizing racial and other discrimination; Head of state: Beji Caid Essebsi Head of government: Youssef Chahed (replaced Habib it had still to be enacted at the end of the Essid in August) year. The UN Committee against Torture and the UN Committee on Economic, Social and The authorities continued to restrict the Cultural Rights reviewed Tunisia’s human rights to freedom of expression and of rights record in May and September assembly, and used emergency powers and respectively. The UN Subcommittee on anti-terrorism laws to impose arbitrary Prevention of Torture visited Tunisia in April. restrictions on liberty and freedom of movement. There were new reports of TRANSITIONAL JUSTICE torture and other ill-treatment of detainees. The Truth and Dignity Commission, created Women remained subject to discrimination to address political, social and economic in law and practice and were inadequately crimes and investigate human rights protected against gender-based violence. violations committed between 1 July 1955 Same-sex sexual relations remained and December 2013, reported in June that it criminalized, and lesbian, gay, bisexual, had received more than 62,000 complaints transgender and intersex (LGBTI) people concerning a wide range of human rights faced arrest and imprisonment. Courts violations, including arbitrary detentions, continued to impose death sentences; there torture, unfair trials, sexual violence and were no executions. religious and ethnic discrimination. The Commission’s first public hearings were held BACKGROUND on 17 November. The authorities renewed the nationwide state Parliament resumed consideration of a of emergency in force since November 2015 controversial draft law in June that would and announced in February that they had offer immunity for some financial crimes. completed the construction of a security wall Discussion of the proposed law, first along Tunisia’s border with Libya. Despite proposed by President Essebsi, was this, armed clashes between government suspended in 2015 following protests led by forces and Libya-based members of the the popular movement Manich Msameh (“I armed group Islamic State (IS) continued in will not forgive”). If adopted, the proposed border areas. On 7 March, at least 68 people law would offer officials and business were killed, including seven civilians, in executives accused of corruption and clashes that ensued when government forces embezzlement under the administration of repulsed an IS attack on military bases and a former President Zine El ‘Abidine Ben ‘Ali an police station in Ben Guerdane, a southern amnesty and immunity from further border town. Clashes between armed groups prosecution if they return the proceeds of and the security forces continued on the their crimes. Its immunity provisions would border with Algeria with fatalities on both also undermine investigations under the sides. transitional justice process. The draft law had New members of the Supreme Judicial not been enacted at the end of the year. Council, which is responsible for the

364 Amnesty International Report 2016/17 other ill-treatment, which took effect in June. ARBITRARY ARRESTS AND DETENTIONS, The reforms cut the maximum period that a AND FREEDOM OF MOVEMENT detainee can be held without charge from six The authorities used their powers under the to four days and gave those detained the state of emergency to conduct thousands of rights of immediate access to a lawyer and arrests and house searches, in many cases their family and to have their lawyer present without judicial warrants. The authorities at their interrogation. The new provisions also subjected hundreds of people to required that detentions be authorized by administrative house arrest, assigned places prosecutors and that prosecutors and judicial of residence, travel bans or restrictions on police must allow detainees access to movement – measures that curtailed their medical care and doctors if they or their social and economic rights, including the lawyers or families request it. The reforms did right to work. not, however, affect the authorities’ powers to detain without charge suspects arrested for COUNTER-TERROR AND SECURITY terrorism-related offences for up to 15 days, Security officials harassed and intimidated and allowed authorities to deny them access many families of people they suspected of to a lawyer for 48 hours and interrogate them joining or supporting armed groups, without the presence of their lawyer. In repeatedly raiding and searching their March, the government appointed the 16 homes, threatening and interrogating them, members of the National Body for the harassing them at their places of work and Prevention of Torture, which was created restricting their freedom of movement. under a 2013 law and was a requirement for Security officials also harassed and Tunisia as a party to the Optional Protocol to intimidated dozens of former prisoners the UN Convention against Torture. A lack of sentenced under repressive laws during the clarity regarding its function and financing former Ben ’Ali administration and other hampered its ability to operate fully. people on account of their appearance, including men with beards and men and FREEDOMS OF EXPRESSION AND women dressed in what officials deemed to ASSEMBLY be religious clothing. The authorities used their powers under the state of emergency to ban strikes and TORTURE AND OTHER ILL-TREATMENT demonstrations, forcibly disperse gatherings There were new reports of torture and other deemed to threaten public order, and control ill-treatment of detainees, mostly during and censor print, broadcast and other media arrest and in pre-charge detention. Several of and publications. Despite this, there were those detained following the attack in Ben new protests against unemployment, Guerdane in March alleged that police and underdevelopment particularly in Tunisia’s counter-terrorism officers tortured them interior regions, and poor living conditions. during interrogation in both Ben Guerdane The police dispersed such protests, and the capital, Tunis. They said officers reportedly using excessive force in some subjected them to the “roast ” cases. method of torture – rotating them on a pole In January, protests against unemployment inserted between their handcuffed wrists and erupted in Kasserine after an unemployed feet – as well as beatings, sexual assault and graduate was electrocuted while climbing a prolonged solitary confinement. While some utility pole in protest at being rejected for a were released, others remained in detention government job. The protests quickly spread at the end of the year. to other cities. The authorities arrested Parliament approved changes to the Code hundreds of protesters and bystanders, some of Criminal Procedures in February, of whom were prosecuted and sentenced to strengthening safeguards against torture and prison terms. They included 37 men who

Amnesty International Report 2016/17 365 were arrested in Gabès on 22 January and In July the Council of Ministers approved a sentenced to prison terms of between one draft law to combat violence against women and three years on charges of “breaking the and girls, and submitted it for parliamentary curfew”. consideration. The draft law focused on In April, demonstrators in El Kef protesting addressing shortcomings in existing law and against unemployment said the police used practice and improving access to protection excessive force to disperse them. and services for survivors. It had not been The authorities continued to restrict enacted at the end of the year. freedom of expression under criminal defamation laws enacted by the Ben ’Ali RIGHTS OF LESBIAN, GAY, BISEXUAL, administration. In August, police arrested TRANSGENDER AND INTERSEX PEOPLE blogger Salwa Ayyari, her husband and four LGBTI people continued to face arrest under of her children outside the Presidential Article 230 of the Penal Code, which Palace in Tunis. They were held without food criminalized consensual same-sex sexual or water and denied access to a lawyer for relations. They also faced violence, several hours during which police officers exploitation and sexual and other abuse by insulted and ill-treated Salwa Ayyari, beating police. Transgender people faced arrest and her and fracturing her arm. They were then prosecution under laws that criminalize moved to another police station where she “indecency” and acts deemed offensive to was accused of attacking the officer who public morals. fractured her arm. Salwa Ayyari and her The authorities subjected men accused of family were released after 13 hours’ same-sex sexual relations to forced anal detention, but she was charged with insulting examinations, in violation of the prohibition of the President, which carries a penalty of torture. imprisonment for up to two years, and In March, the Sousse Court of Appeal assaulting a police officer. In December, she confirmed the guilty verdict of six men on was acquitted of insulting the President and sodomy charges under Article 230 but fined 200 Tunisian Dinar (US$86) for the reduced their three-year prison sentence to charge of assaulting an officer. time already served and overturned their five- year banishment order from Kairouan. The WOMEN’S RIGHTS men had been arrested and sentenced in Women continued to face discrimination in December 2015 by the Kairouan Court of law and in practice and were inadequately First Instance. In April, a court in Tunis protected against sexual and gender-based acquitted eight men who were arrested in violence. The Penal Code failed to explicitly March and charged under Article 230. They criminalize marital rape and allowed men were acquitted due to lack of evidence as who raped women aged 15 to 20, or who they had not been subjected to forced anal abducted girls under the age of 18, to escape examinations. prosecution if their victim consented to marry LGBTI rights activists also faced them. harassment and abuse. In January, the Court Existing social and health services for of First Instance in Tunis ordered the survivors of sexual and gender-based suspension of the LGBTI rights group Shams violence were limited and inadequate. Among for 30 days in response to a government other necessary aspects of care, survivors of allegation that Shams had breached the law rape faced particular difficulties in accessing on associations by stating that it aimed to pregnancy prevention and psychological “defend homosexuals”. Shams won an support. In addition, lack of protection appeal against the Court’s ruling in February. mechanisms, including shelters for women In April, a televised verbal attack against and girl survivors of violence, left survivors LGBTI people by a leading Tunisian actor vulnerable to further abuse. sparked an outbreak of homophobia that saw

366 Amnesty International Report 2016/17 restaurants, internet cafés, grocery stores executive powers were submitted to the and taxis display posters barring LGBTI Parliament in December. people. In May, the UN Committee against Armed clashes between the Kurdistan Torture criticized the criminalization of Workers’ Party (PKK) and state forces consensual same-sex sexual relations, urged continued, mainly in the majority Kurdish the authorities to repeal Article 230 of the east and southeast of the country. The Penal Code, and condemned forced anal government replaced elected mayors from 53 examinations. municipalities with government trustees; 49 mayors were from the Kurdish, opposition DEATH PENALTY Democratic Regions Party (DBP). Along with Courts continued to hand down death many elected local officials, nine MPs from sentences; no executions have been carried the Kurdish-rooted left-wing Peoples’ out since 1991. Democracy Party (HDP) were remanded in pre-trial detention in November.1 A UN fact- finding mission to the south-east was blocked by the authorities who also obstructed TURKEY national and international NGOs, including Republic of Turkey Amnesty International, from documenting Head of state: Recep Tayyip Erdoğan human rights abuses in the region. Head of government: Binali Yildirim (replaced Ahmet In March, the EU and Turkey agreed a Davutoğlu in May) “migration deal” aimed at preventing irregular migration from Turkey to the EU. It An attempted coup prompted a massive also resulted in muting EU criticism of government crackdown on civil servants and human rights abuses in Turkey. civil society. Those accused of links to the On 15 July, factions within the armed Fethullah Gülen movement were the main forces launched a violent coup attempt. It target. Over 40,000 people were remanded was quickly suppressed in part by ordinary in pre-trial detention during six months of people taking to the streets to face down emergency rule. There was evidence of tanks. The authorities announced the death torture of detainees in the wake of the coup toll to be 237 people including 34 coup attempt. Nearly 90,000 civil servants were plotters and 2,191 people injured, during a dismissed; hundreds of media outlets and night of violence that saw the Parliament NGOs were closed down and journalists, bombed and other state and civilian activists and MPs were detained. Violations infrastructure attacked. of human rights by security forces Following the coup attempt the continued with impunity, especially in the government announced a three-month state predominantly Kurdish southeast of the of emergency, extended for a further three country, where urban populations were held months in October, derogating from a list of under 24-hour curfew. Up to half a million articles in the International Covenant on Civil people were displaced in the country. The and Political Rights and the European EU and Turkey agreed a “migration deal” to Convention on Human Rights. The prevent irregular migration to the EU; this government passed a series of executive led to the return of hundreds of refugees decrees that failed to uphold even these and asylum-seekers and less criticism by reduced standards. Nearly 90,000 civil EU bodies of Turkey’s human rights record. servants including teachers, police and military officials, doctors, judges and BACKGROUND prosecutors were dismissed from their President Erdoğan consolidated power positions on the grounds of links to a terrorist throughout the year. Constitutional organization or threat to national security. amendments aimed at granting the President Most were presumed to be based on

Amnesty International Report 2016/17 367 allegations of links to Fethullah Gülen, a secrets” and sentenced to former government ally whom the five years and ten months’ imprisonment and government accused of masterminding the five years’ imprisonment respectively, for coup. There was no clear route in law to publishing articles alleging that Turkey’s appeal these decisions. At least 40,000 authorities had attempted to covertly ship people were remanded in pre-trial detention weapons to armed opposition groups in Syria. accused of links to the coup or the Gülen The government claimed the trucks were movement, classified by the authorities as the sending humanitarian supplies to Turkmens. Fethullah Gülen Terrorist Organisation The case remained pending on appeal at the (FETÖ). end of the year. In October, a further 10 In August, Turkey launched a military journalists were remanded in pre-trial intervention in northern Syria, targeting the detention for committing crimes on behalf of armed group Islamic State (IS) and the both FETÖ and the PKK. Peoples’ Defence Forces, the PKK-affiliated In August, police closed the offices of the Kurdish armed group. In October Parliament main Kurdish daily Özgür Gündem on the extended a mandate for Turkey to conduct basis of a court order for its closure due to military interventions in Iraq and Syria for ongoing terrorism investigations, a sanction another year. not provided for in law. Two editors and two journalists were detained pending trial and FREEDOM OF EXPRESSION prosecuted for terrorism offences. Three were Freedom of expression deteriorated sharply released in December while editor İnan during the year. After the declaration of a Kızıkaya remained in detention.3 In October state of emergency, 118 journalists were under an executive decree, Özgür Gündem remanded in pre-trial detention and 184 was permanently closed down along with all media outlets were arbitrarily and the major Kurdish-orientated national media. permanently closed down under executive Signatories to a January petition by decrees, leaving opposition media severely Academics for Peace calling for a return to restricted.2 People expressing dissent, peace negotiations and recognition of the especially in relation to the Kurdish issue, demands of the Kurdish political movement were subjected to threats of violence and were subjected to threats of violence, criminal prosecution. Internet censorship administrative investigation and criminal increased. At least 375 NGOs, including prosecution. Four signatories were detained women’s rights groups, lawyers’ associations until a court hearing in April; they were and humanitarian organizations, were shut by released but not acquitted.4 By the end of the executive decree in November. year, 490 of the academics were under In March, a court in the capital Ankara administrative investigation and 142 had appointed a trustee to the opposition Zaman been dismissed. Since the coup, more than media group in relation to an ongoing 1,100 of the signatories were formally under terrorism-related investigation. After police criminal investigation. stormed Zaman offices, a pro-government Internet censorship increased, with the editorial was imposed on the group’s authorities issuing orders rubber-stamped by newspapers and television channels. In July, the judiciary to withdraw or block content Zaman group media outlets were including websites and social media permanently closed down along with other accounts, to which there was no effective Gülen-linked media. New titles, set up after appeal. In October, the authorities cut the government take over of the Zaman internet services across southeast Turkey and group, were also shut down. engaged in throttling of various social media In May, Cumhuriyet editor-in-chief Can services. Dündar and the daily’s Ankara representative Erdem Gül were convicted of “revealing state

368 Amnesty International Report 2016/17 facilities in August and reported to the FREEDOM OF ASSEMBLY Turkish authorities in November. However, The authorities banned the annual May Day the government did not publish the report by marches in Istanbul for the fourth year the end of the year. The UN Special running, and the annual Pride march in Rapporteur on torture visited in November, Istanbul for a second year running, on after his visit was delayed on the request of spurious grounds. Police used excessive the Turkish authorities. force against people peacefully attempting to The authorities professed their adherence go ahead with these marches. After July, the to “zero tolerance for torture” policies but on authorities used state of emergency laws to occasion, spokespeople summarily dismissed issue blanket bans preventing reports against them, stating that coup demonstrations in cities across Turkey. And plotters deserved abuse and that allegations again, the police used excessive force against would not be investigated. The authorities people attempting to exercise the right to accused Amnesty International and Human freedom of peaceful assembly regardless of Rights Watch of being tools for the “FETÖ the bans. terrorist organization” following the NGOs’ joint publication on torture and ill-treatment.5 TORTURE AND OTHER ILL-TREATMENT Three lawyers’ associations that worked on There was an increase in cases of torture and police violence and torture were shut down in other ill-treatment reported in police November under an executive decree. detention, from curfew areas in southeast Lawyers said that 42 people, detained in Turkey and then more markedly in Ankara Nusaybin in May after clashes between PKK- and Istanbul in the immediate aftermath of affiliated individuals and state forces were the coup attempt. Investigations into abuses beaten and subjected to other ill-treatment in were ineffective. police detention. They said that the group, The state of emergency removed which included adults and children, were protections for detainees and allowed hooded, beaten during police interrogation previously banned practices, which helped and not able to access appropriate medical facilitate torture and other ill-treatment: the care for their injuries. maximum pre-charge detention period was Widespread torture and other ill-treatment increased from four to 30 days; and facilities of suspects accused of taking part in the to block detainees’ access to lawyers in pre- coup attempt was reported in its immediate charge detention for five days, and to record aftermath. In July, severe beatings, sexual conversations between client and lawyer in assault, threats of rape and cases of rape pre-trial detention and pass them to were reported, as thousands were detained in prosecutors were introduced. Detainees’ official and unofficial police detention. access to lawyers and the right to consult Military officers appeared to be targeted for with their choice of lawyers – rather than the worst physical abuse but holding state-provided lawyers – was further detainees in stress positions and keeping restricted. Medical examinations were carried them handcuffed behind their backs, out in the presence of police officers and the and denying them adequate food and water reports arbitrarily denied to detainees’ or toilet breaks were reported to have taken lawyers. place on a far wider scale. Lawyers and No national mechanism for the detainees’ relatives were often not informed independent monitoring of places of that individuals had been detained until they detention existed following the abolition of the were brought for charge. Human Rights Institution in April, and the non-functioning of its successor body. The EXCESSIVE USE OF FORCE Council of Europe Committee for the Until June, the security forces conducted Prevention of Torture visited detention security operations against armed individuals

Amnesty International Report 2016/17 369 affiliated to the PKK, who had dug trenches cases of people perceived to have been killed and erected barricades in urban areas in the due to their sexual orientation or gender southeast of Turkey. The authorities’ use of identity. extended round-the-clock curfews, a total No progress was made in investigations ban on people leaving their homes, into the deaths of some 130 people who died combined with the presence of heavy while sheltering from clashes in three weaponry including tanks in populated areas, basements during the curfew in Cizre in was a disproportionate and abusive response February. The authorities alleged that access to a serious security concern and may have for ambulances was blocked by the PKK amounted to collective punishment.6 when local sources reported that people in Evidence suggests that the security forces’ the basements were injured and needed operated a shoot-to-kill policy against armed emergency medical care, and died of their individuals that also caused deaths and injuries or were killed when security forces injuries to unarmed residents and stormed the buildings. widespread forced displacement. The Governor of Ağrı province in eastern In January, IMC TV journalist Refik Tekin Turkey denied permission for an investigation was shot while bringing injured people to against police officers to proceed into the receive medical treatment in Cizre, a city deaths of two youths, aged 16 and 19 in under curfew. He continued recording after Diyadin. The authorities claimed that police being shot, apparently from an armoured shot the youths in self-defence but a ballistics police vehicle. He was later detained and report showed that a gun found at the scene investigated under terrorism laws. had not been fired and did not have either of the youths’ fingerprints on it. IMPUNITY The authorities failed to make progress in The entrenched culture of impunity for investigation of the November 2015 killing of abuses committed by the security forces Tahir Elci, Head of the Diyarbakir Bar remained. The authorities failed to investigate Association and a prominent human rights allegations of widespread human rights defender. It was hampered by an incomplete violations in the southeast, where few or none crime scene investigation and missing CCTV of the basic steps were taken to process footage. cases, including deaths, and in some More than three years on, investigations instances witnesses were subjected to into use of force by police at Gezi Park threats. In June, legislative amendments protests had failed and resulted in only a required the investigation of military officials handful of unsatisfactory prosecutions. The for conduct during security operations to be court issued a 10,100 liras (€3,000) fine to subject to government permission and for the police officer in his retrial for the fatal any resulting trial to take place in military shooting of Ankara protester Ethem courts, which have proved especially weak in Sarisülük. A court reduced the compensation prosecuting officials for human rights abuses. awarded to Dilan Dursun by 75% – she had Government statements dismissing been left with permanent injuries after being allegations of torture and ill-treatment in hit in the head by a tear gas canister fired by police detention after the coup attempt were police during protests in Ankara on the day of a worrying departure. Ethem Sarisülük’s funeral. The court ruled Despite the ratification of the Council of that she had culpability given that it was an Europe Convention on preventing and “illegal demonstration”. combating violence against women (Istanbul Convention), the authorities made little or no ABUSES BY ARMED GROUPS progress in halting pervasive domestic There was a sharp increase in indiscriminate violence against women nor did they adopt attacks and attacks directly targeting procedures to investigate the hate motive in civilians, showing contempt for the right to

370 Amnesty International Report 2016/17 life and the principle of humanity. IS, PKK, its offshoot Kurdistan Freedom Falcons (TAK) 1. Turkey: HDP deputies detained amid growing onslaught on Kurdish opposition voices (News story, 4 November) and Revolutionary People’s Liberation Party- 2. Turkey: Massive crackdown on media in Turkey (EUR 44/5112/2016) Front were blamed or claimed responsibility for the attacks. 3. Turkey: End pre-trial detention of Özgür Gündem guest editors (EUR 44/4303/2016) REFUGEES AND ASYLUM-SEEKERS 4. Turkey: Further information − academics targeted for peace appeal, released (EUR 44/3902/2016) Turkey was the world’s biggest host of 5. Joint Statement: Turkey − state of emergency provisions violate refugees and asylum-seekers with an human rights and should be revoked (EUR 44/5012/2016) estimated 3 million refugees and asylum- 6. Turkey: Security operations in southeast Turkey risk return to seekers residing in the country with widespread human rights violations seen in the 1990s (EUR significant populations of Afghans and Iraqis 44/4366/2016) alongside 2.75 million registered Syrians, 7. Turkey: No safe refuge − asylum-seekers and refugees denied who were provided with temporary protection effective protection in Turkey (EUR 44/3825/2016) status. The EU concluded a migration deal 8. Turkey: Displaced and dispossessed − Sur residents’ right to return with Turkey in March aimed at preventing home (EUR 44/5213/2016) irregular migration to the EU. It provided for the return of refugees and asylum-seekers to Turkey, ignoring many gaps in protection TURKMENISTAN there.7 Turkey’s border with Syria remained effectively closed. Despite improvements, the Turkmenistan majority of Syrian refugee children had no Head of state and government: access to education and most adult Syrian Gurbanguly Berdymukhamedov refugees had no access to lawful employment. Many refugee families, without Human rights did not improve, despite a adequate subsistence, lived in destitution. National Human Rights Action Plan for There were mass forced returns of Syrians 2016-2020 launched in April. Independent by the Turkish security forces in the early civil society organizations could not operate months of the year, as well as instances of freely. Turkmenistan remained closed to unlawful push-backs to Syria and cases of independent human rights monitors. fatal and non-fatal shootings of people in Freedoms of expression, association and need of protection by Turkish border guards. religion were heavily restricted and limits on freedom of movement were retained. Sex INTERNALLY DISPLACED PEOPLE between men remained a criminal offence. Hundreds of thousands of people were displaced from the areas under curfew in the FREEDOM OF EXPRESSION southeast of Turkey. The imposition of Media remained subject to state control and curfews with only hours’ warning forced no independent media outlets were able to people to leave with few, if any, possessions. operate. The authorities continued to harass In many cases, displaced people were not and intimidate journalists, including those able to access their social and economic based outside Turkmenistan. rights such as adequate housing and Freelance journalist Saparmamed education. They were offered inadequate Nepeskuliev remained in prison. He had compensation for loss of possessions and reported on corruption and was convicted in livelihoods. Their right to return was severely August 2015 on drug-related offences. compromised by the high levels of Access to the internet was monitored and destruction and the announcement of restricted; social networking sites were redevelopment projects likely to exclude frequently blocked. former residents.8

Amnesty International Report 2016/17 371 reported that a young Jehovah’s Witness was FORCED LABOUR sentenced to corrective labour for refusing to The government continued to use forced perform his military service. labour in the cotton-picking industry, one of the largest in the world. To harvest the cotton, TORTURE AND OTHER ILL-TREATMENT local authorities compel public sector Former prisoners told Alternative workers, including teachers, medical staff Turkmenistan News about poor prison and civil servants, to pick and to meet conditions and treatment in detention individual government-set quotas or risk amounting to torture and other ill-treatment. losing their jobs. Children often help their According to these accounts, prison officers parents meeting the quotas. The ILO beat prisoners and forced them to stand Committee of Experts on the Application of outside for long periods in high temperatures. Conventions and Recommendations urged Prison officers also practised extortion. Turkmenistan to end practices that give rise Prisons were overcrowded and prisoners not to forced labour in the cotton industry. provided with adequate food. Some prisoners had to sleep on the floor or in the prison yard. LEGAL, CONSTITUTIONAL OR Tuberculosis rates were high and infected INSTITUTIONAL DEVELOPMENTS prisoners did not always receive appropriate A law to establish a Human Rights treatment. Commissioner (Ombudsman) was still under Reports continued to be received on the development. use of torture or ill-treatment by law A new Constitution was adopted on 16 enforcement officers to force detainees to September. It extended the presidential “confess” and incriminate others. Activist tenure to seven years and removed a Mansur Mingelov remained in prison. He was previous presidential age limit. convicted in 2012 after an unfair trial for drug offences after publicizing information on ENFORCED DISAPPEARANCES torture and other ill-treatment of Baloch The whereabouts of prisoners who were ethnic community members in Mary subjected to enforced disappearance after an province. alleged assassination attempt on then President Saparmurat Niyazov in 2002 INTERNATIONAL SCRUTINY remained unknown. Turkmenistan remained closed to international scrutiny and rejected or failed to FREEDOM OF RELIGION AND BELIEF respond to requests from the UN Special In the town of Dashoguz, bearded men under Rapporteurs to visit the country. 50 years were detained and questioned about their religious beliefs and practices, FREEDOM OF MOVEMENT and some were forcibly shaved, according to Citizens have not needed “exit visas” to leave the Alternative Turkmenistan News service. the country since 2006. But arbitrary The new Law on Freedom of Conscience restrictions on the right to travel abroad and Religious Organizations was signed into remained in practice: they targeted, among law in March. It retained an earlier ban on others, relatives of people accused of exercising freedom of religion and belief with involvement in the alleged attempt to others without state permission. Under the assassinate President Niyazov in 2002, new law, religious groups need to have 50 relatives of members of the opposition founding members to register, rather than resident abroad, as well as civil society five, as stipulated in the previous law. activists, students, journalists and former Conscientious objectors faced criminal migrant workers. prosecution. Forum 18, a human rights organization promoting religious freedom,

372 Amnesty International Report 2016/17 and peaceful assembly before, during and UGANDA after the elections. Three days before the elections, Kizza Republic of Uganda Besigye, presidential candidate for the Head of state and government: Yoweri Kaguta opposition Forum for Democratic Change Museveni (FDC), was arrested as he headed towards a campaign rally. The police subsequently The rights to freedom of expression, barricaded the road leading to his house, association and assembly were severely effectively placing him under house arrest, on restricted in the context of general elections the grounds that they had intelligence that he marred by irregularities. Human rights intended to cause unrest. On 20 February he defenders faced new restrictions on their was arrested again when he tried to leave his activities and some organizations were house to obtain detailed copies of the results harassed. The rights of lesbian, gay, from the Electoral Commission in order to bisexual, transgender and intersex (LGBTI) contest them.1 On 12 May, the day before people continued to be violated. Yoweri Museveni was to be sworn in as President, a video appeared online showing BACKGROUND Kizza Besigye being sworn in, claiming to be Uganda held its fifth presidential and the people’s President. The police parliamentary elections on 18 February. The immediately arrested him and charged him Commonwealth election observation mission with treason. The case was continuing at the said the election fell short of key democratic end of the year. benchmarks. The EU’s election observation mission said the election took place in an FREEDOM OF EXPRESSION “intimidating atmosphere”, with the police In the run-up to the elections, security using excessive force against opposition officials attacked media outlets they deemed politicians, media workers and the general critical of government policies and actions. public. President Museveni was declared the On 20 January, Endigyito FM, a privately winner on 20 February. He had already been owned radio station, was closed down after in power for 30 years. opposition candidate Amama Mbabazi was a On 1 March, Amama Mbabazi, an guest on a show. opposition presidential candidate, filed a On 13 February, police entered Radio petition in the Supreme Court contesting the North FM in Lira, northern Uganda, and election result on the grounds that the arrested journalist Richard Mungu and a incumbent party bribed voters, used public guest. The police accused Richard Mungu of servants and state resources in political defacing President Museveni’s election activities, and interfered with opposition posters and charged him with malicious activities. On 9 March, when affidavits were damage to property. The charges were later due to be submitted in court, files and amended to aiding and abetting a crime, an computers were stolen from the offices of two apparent reference to the damaged posters. of his lawyers. On 31 March, the Supreme He was released on bail on 17 February. Court ruled that there was not enough On election day, the official Uganda evidence of irregularities that would have Communications Commission (UCC) blocked affected the election result. access to Facebook, Twitter and WhatsApp between 6am and 9.30am, citing an FREEDOMS OF ASSOCIATION AND unspecified threat to national security. The ASSEMBLY Mobile Telecommunications Network (MTN), Police severely restricted the rights of political a leading provider of mobile phone and opposition parties to freedom of association internet services in Uganda, said on its Twitter handle that the UCC had ordered it to

Amnesty International Report 2016/17 373 disable all social media and mobile money- and could be used to clampdown on civil transferring services “due to a threat to society organizations. For example, it public order and safety”. Such actions restricted organizations from engaging in violated the right to seek and receive activities that are “prejudicial to the security, information. interests or dignity of the people of Uganda”, The Deputy Chief Justice stopped a without defining these terms. peaceful demonstration organized by the Between April and May, offices of the FDC and Kizza Besigye planned for 5 May. Forum for African Women Educationalists His order followed an application by the (FAWE), the Human Rights Awareness and Deputy Attorney General for interim orders to Promotion Forum (HRAPF), and the Human prevent FDC’s “defiance campaign”. The Rights Network for Journalists-Uganda FDC’s campaign sought, among other things, (HRNJ-Uganda) were broken into by an international audit to review the unidentified people and items stolen. At presidential election results. However, the FAWE, the intruders stole an internet server, Court of Appeal ruled on 30 April that the computers, cameras and projectors. At campaign breached several articles of the HRNJ-Uganda, CCTV footage shows a visitor Constitution. giving security guards food apparently On 14 September, 25 women were containing sedatives, allowing four intruders arrested and detained for four hours, before to search the premises as the guards slept. being released without charge, shortly before The Inspector General of Police formed a they were to present a petition to Parliament. committee in July to investigate the break- The petition opposed proposed amendments ins, but the affected organizations were to mandatory retirement ages for judicial concerned that investigations were not officers and electoral commissioners set out carried out. No one was arrested, charged or in the Constitution. The Speaker of the prosecuted in connection with the break-ins.3 Parliament rejected the bill and asked the government to table comprehensive RIGHTS OF LESBIAN, GAY, BISEXUAL, constitutional amendments instead. TRANSGENDER AND INTERSEX PEOPLE On 4 August, police broke up an LGBTI UNLAWFUL KILLINGS beauty pageant in Kampala, part of Uganda On 28 November, at least 100 people were Pride. They arrested 16 people – most of killed and 139 others arrested in clashes them Ugandan LGBTI rights activists – who between security agencies and palace guards were released after about an hour. A man in the western town of Kasese, according to was seriously injured after he jumped from a police.2 In some cases, security forces sixth-floor window fearing police abuse. summarily shot people dead and then On 24 September, the police prevented dumped the bodies on river banks and in more than 100 people from joining a Pride bushes. The clashes followed attacks by the parade on a beach in Entebbe. They ordered local king’s guards on several police stations people back onto minibuses and told them to on 26 November, during which at least 14 leave the area. The participants tried to go to police officers were killed. Charles Wesley another beach, but police prevented them Mumbere, King of the Rwenzururu kingdom, from holding the parade there too. was arrested and transferred to the capital, The HRAPF and the Civil Society Coalition Kampala, where he was charged with on Human Rights and Constitutional Law murder. (CSCHRCL), a coalition of 50 organizations, filed a petition in the East African Court of HUMAN RIGHTS DEFENDERS Justice, arguing that Uganda’s Anti- On 14 March, the Non-Governmental Homosexuality Act was contrary to the rule of Organisations Act (NGO Act) came into force. law and the good governance principles of Some of its provisions were vaguely worded the East African Community Treaty. On 27

374 Amnesty International Report 2016/17 September, the Court refused to consider the petition on the basis that the Anti- 1. Uganda: Violations against opposition party impeding its efforts to contest election outcome (News story, 26 February) Homosexuality Act had been declared null 2. Uganda: Denounce unlawful killings and ensure accountability in and void by Uganda’s Constitutional Court in aftermath of deadly clashes (News story, 28 November) August 2014. 3. Uganda: Investigate break-ins at groups’ offices (News story, 13 June) CRIMES UNDER INTERNATIONAL LAW The pre-trial hearing of former Lord’s Resistance Army (LRA) commander Colonel Thomas Kwoyelo, charged with war crimes UKRAINE and crimes against humanity in northern Ukraine Uganda, began on 15 August in the Head of state: Petro Poroshenko International Crime Division of Uganda’s High Head of government: Volodymyr Hroysman (replaced Court. The hearing was adjourned because Arseniy Yatsenyuk in April) Thomas Kwoyelo’s lawyers were not notified in time. The prosecution also introduced new charges relating to sexual and gender-based Sporadic low-scale fighting continued in violence. In September, a court in Gulu, eastern Ukraine with both sides violating northern Uganda, ruled that victims could the ceasefire agreement. Both the participate in the proceedings in line with Ukrainian and pro-Russian separatist forces their right to participate before the continued to enjoy impunity for violations of International Criminal Court (ICC). Thomas international humanitarian law, including Kwoyelo, who was captured by the Ugandan war crimes, such as torture. Authorities in army in 2008, remained in detention. Ukraine and the self-styled People’s On 23 March, the ICC Pre-Trial Chamber Republics of Donetsk and Luhansk confirmed 70 charges against Dominic conducted unlawful detention of individuals Ongwen, a former LRA commander who had perceived to support the other side, been abducted as a child and forcibly including for use in prisoner exchanges. The recruited into the LRA. The charges included long-awaited State Investigation Bureau, crimes against humanity and war crimes, intended to investigate violations by the sexual and gender-based crimes, and military and law enforcement officials, was conscription and use of child soldiers in formally established but not operational by northern Uganda. the end of the year. Independent media and activists were not allowed to work freely in COUNTER-TERROR AND SECURITY the People’s Republics of Donetsk and On 26 May, the High Court convicted seven Luhansk. Media perceived as pro-Russian of 13 people charged in relation to the 2010 faced harassment in government-controlled World Cup bombing in Kampala. The Somali- territories. The largest-ever Pride march for based armed group al-Shabaab claimed lesbian, gay, bisexual, transgender and responsibility for the attack, which killed 76 intersex (LGBTI) people in the capital, Kyiv, people. The Court said the prosecution had was supported by the city authorities and failed to link five of the defendants to the effectively protected by the police. In bombing. The five were immediately Crimea, the de facto authorities continued rearrested and charged with new offences of their campaign to eliminate pro-Ukrainian creating documents and materials while in dissent. It increasingly relied on Russian Luzira Prison connected with “preparations to anti-extremism and anti-terrorism facilitate, assist or engage co-conspirators to legislation and criminal prosecution of undertake terrorist acts in Uganda”. dozens of people perceived to be disloyal.

Amnesty International Report 2016/17 375 BACKGROUND TORTURE AND OTHER ILL-TREATMENT Following a two-month political crisis, after Little progress was made in bringing to justice several reform-oriented politicians resigned law enforcement officials responsible for the from top government positions alleging abusive use of force during EuroMaydan widespread corruption, Parliament accepted protests in Kyiv in 2013-2014. The Arseniy Yatsenyuk’s resignation on 12 April. investigation was marred by bureaucratic He was replaced by Volodymyr Hroysman. hurdles. On 24 October, the Prosecutor Sporadic fighting and exchange of fire General reduced the staff and the powers of between government and Russia-backed the special department responsible for the separatist forces continued. Gunfire, shelling EuroMaydan abuses investigations, and and unexploded ordnance continued to created a new unit to investigate only former cause civilian deaths and injuries. The UN President Vyktor Yanukovych and his close Human Rights Monitoring Mission estimated confidants. that there were more than 9,700 conflict- The new State Investigation Bureau was related deaths, of which around 2,000 were formally created in February to investigate civilians, and at least 22,500 conflict-related crimes committed by law enforcement injuries since the beginning of the conflict in officials and the military, but the selection of 2014. its head, on an open competition basis, was The International Criminal Court (ICC) not completed by the end of the year.1 published its preliminary examination of The UN Subcommittee on Prevention of Ukraine on 14 November. It concluded that Torture (SPT) suspended its visit to Ukraine the “situation within the territory of Crimea on 25 May after the Security Service of and Sevastopol amounts to an international Ukraine (SBU) denied it access to some of its armed conflict between Ukraine and the facilities in eastern Ukraine where secret Russian Federation” and that “information… prisoners were reportedly held as well as would suggest the existence of an tortured and otherwise ill-treated. The SPT international armed conflict in the context of resumed and completed its visit in armed hostilities in eastern Ukraine”. An September and produced a report which the amendment to the Constitution was passed in Ukrainian authorities did not give their June, postponing the ratification of the Rome consent to publish. Statute of the ICC for an “interim period” of three years. ENFORCED DISAPPEARANCE The Ukrainian authorities continued to Lawyer Yuriy Grabovsky went missing on 6 heavily restrict the movement of residents of March and was found murdered on 25 the separatist-controlled Donetsk and March. Before his disappearance, Yuriy Luhansk regions to government-controlled Grabovsky complained of intimidation and territory. harassment by the Ukrainian authorities in an The Russian authorities held parliamentary attempt to make him withdraw from the case elections in Crimea, which were not of one of two alleged Russian servicemen internationally recognized. who were captured in eastern Ukraine by The conflict-affected economy started to government forces. During a press grow slowly: GDP increased by 1%. Prices of conference on 29 March, the Chief Military basic commodities and services such as Prosecutor of Ukraine announced that two heating and water continued to rise, adding suspects had been detained in connection to the declining living standards of the with Yuriy Grabovsky’s murder. At the end of majority of the population. Living standards in the year, they remained in pre-trial detention the separatist-controlled areas continued to and the investigation was ongoing.2 deteriorate.

376 Amnesty International Report 2016/17 “supporting” the “Ukrainian side”. A court in ARBITRARY ARRESTS AND DETENTIONS Donetsk sentenced Volodymyr Fomychev to Both the Ukrainian authorities and separatist two years in jail on 16 August. Igor Kozlovsky forces in eastern Ukraine engaged in remained in pre-trial detention at the end of unlawful detentions in the territory under the year. their respective control. Civilians they suspected of sympathizing with the other side INTERNALLY DISPLACED PEOPLE were used as currency for prisoner The CERD Committee highlighted a number exchanges.3 Those unwanted by the other of concerns about difficulties faced by side remained in detention, often internally displaced people (IDPs) in its 2016 unacknowledged, for months with no legal review of Ukraine. These included the linking remedies nor prospect of release. of social benefits, including pensions, to the Kostyantyn Beskorovaynyi returned home status of IDPs and residence in government- on 25 February after his abduction and controlled areas. indirect official acknowledgement of his secret arrest became the subject of FREEDOM OF EXPRESSION – international campaigning.4 In July, Ukraine’s JOURNALISTS Chief Military Prosecutor promised an Media outlets perceived as espousing pro- effective investigation into his allegations of Russian or pro-separatist views, and those enforced disappearance, torture and 15- particularly critical of the authorities, faced months’ secret detention by the SBU, but no harassment including threats of closure or tangible outcomes of the investigation were physical violence. The TV channel Inter was reported by the end of the year. threatened with closure repeatedly by the Dozens more individuals were held Interior Minister, and on 4 September around secretly on SBU premises in Mariupol, 15 masked men attempted forcefully but Pokrovsk, Kramatorsk, Izyum and Kharkiv, unsuccessfully to enter Inter’s premises, and possibly elsewhere. Some were accusing it of pro-Russian news coverage. eventually exchanged for prisoners held by They then threw petrol bombs into the the separatists. Amnesty International and building, starting a fire. received the names of Popular TV presenter Savik Shuster (who 16 individuals from three separate sources, holds Italian and Canadian nationality) had all independently confirming them as secret his work permit annulled by the Ukrainian prisoners held by the SBU in Kharkiv since Migration Service, in violation of the existing 2014 or 2015, and shared the list with the procedure. The Kyiv Appeals Court reinstated Ukrainian authorities. At least 18 people, the permit on 12 July. Subsequently, criminal including the 16 independently confirmed proceedings were launched against Savik prisoners, were subsequently secretly Shuster’s TV channel 3STV by the tax released; their detention was never officially authorities. On 1 December, Savik Shuster acknowledged. Of them, Vyktor Ashykhmyn, decided to close the channel due to the Mykola Vakaruk and Dmytro Koroliov decided pressure and lack of funds. to speak out and submit official complaints.5 Ruslan Kotsaba, a freelance journalist and In the self-proclaimed People’s Republics blogger from Ivano-Frankivsk, was sentenced of Donetsk and Luhansk, local “Ministries of to three-and-a-half years in jail on 12 May, for State Security” used their powers under local “obstructing legitimate activities of the “decrees” to detain individuals arbitrarily for Ukrainian Armed Forces in a ”. up to 30 days and repeatedly extend this. He had been arrested in 2015 after posting a Igor Kozlovsky (arrested on 27 January), and video on YouTube in which he demanded an Volodymyr Fomychev (arrested on 4 immediate end to fighting in Donbass and January), were both accused of possessing called on Ukrainian men to resist illegal weapons, which they denied, and of

Amnesty International Report 2016/17 377 conscription. He was fully acquitted on the organizers were forced to cancel the appeal on 12 July and immediately released. event. On 20 July, journalist Pavel Sheremet was An LGBTI Pride march, supported by the killed by a bomb planted in his car in the Kyiv authorities and heavily protected by capital Kyiv. No perpetrators had been police, was held in central Kyiv on 12 June. identified by the end of the year. The With around 2,000 participants, it became investigation into the killing of journalist Oles the largest-ever event of its kind in Ukraine.6 Buzina, shot dead by two masked gunmen in 2015, had likewise yielded no results. CRIMEA Journalists with pro-Ukrainian views or None of the enforced disappearances that reporting for Ukrainian media outlets were followed the Russian occupation were not able to operate openly in separatist- effectively investigated. Ervin Ibragimov, controlled areas and Crimea. A Russian crew member of the World Congress of Crimean from the independent Russian Dozhd TV Tatars, was forcibly disappeared near his channel was arrested in Donetsk and home in Bakhchisaray, central Crimea, on 24 deported to Russia by the Ministry of State May. Available video footage from a security Security after recording an interview with a camera shows uniformed men forcing Ervin former separatist commander. Ibragimov into a minivan and driving him In Crimea, independent journalists were away. An investigation was opened, but no unable to work openly. Journalists from progress had been made at the end of the mainland Ukraine were denied access and year.7 turned back at the de facto border. Local Freedoms of expression, association and journalists and bloggers critical of the peaceful assembly, already heavily restricted, Russian occupation and illegal annexation of were further reduced. Some of the Crimea risked prosecution, and few dared to independent media that had been forced to express their views. Mykola Semena, a relocate to mainland Ukraine in earlier years veteran journalist, was investigated under had access to their websites blocked by the “extremism” charges (facing up to seven de facto authorities in Crimea. On 7 March, years’ imprisonment if convicted) and placed the mayor of Crimean capital Simferopol under travel restrictions. He had published banned all public assemblies except those an article online under a pseudonym in organized by the authorities. which he supported the “blockade” of Ethnic Crimean Tatars continued to bear Crimea by pro-Ukrainian activists as the brunt of the de facto authorities’ a necessary measure for the peninsula to be campaign to eliminate all remaining vestiges “returned back” to Ukraine. He was officially of pro-Ukrainian dissent.8 The Mejlis of the designated as a “supporter of extremism”, Crimean Tatar People, a body elected at an and his bank account was frozen. At the end informal assembly, Kurultai, to represent the of the year, the investigation into his case was community, was suspended on 18 April and ongoing. banned by a court as “extremist” on 26 April. Its banning was upheld by the Supreme RIGHTS OF LESBIAN, GAY, BISEXUAL, Court of the Russian Federation on 29 TRANSGENDER AND INTERSEX PEOPLE September.9 On 19 March, a court in Lviv, western The trial continued of the Mejlis’ deputy Ukraine, banned the holding of the LGBTI leader, Ahtem Chiygoz, on trumped-up Festival of Equality in the street due to public charges of organizing “mass disturbances” safety concerns. The organizers moved the on 26 February 2014 in Simferopol (a event indoors, but on 20 March the venue predominantly peaceful rally on the eve of the was attacked by a group of masked right- Russian occupation, marked by some wing activists. No injuries were reported but clashes between pro-Russian and pro- Ukrainian demonstrators). Held in a pre-trial

378 Amnesty International Report 2016/17 detention centre in the vicinity of the court building, he was only allowed to attend his UNITED ARAB court hearings via a video link, purportedly because of the “danger” he would pose. Ahtem Chiygoz remained one of several EMIRATES prisoners of conscience in Crimea. Ali Asanov United Arab Emirates and Mustafa Degermendzhi also continued to Head of state: Sheikh Khalifa bin Zayed Al Nahyan be held in pre-trial detention for allegedly Head of government: Sheikh Mohammed bin Rashed Al participating in the same “mass Maktoum disturbances” on 26 February 2014. The Russian authorities used allegations of possession of “extremist literature” and of The authorities continued to arbitrarily membership of the Islamist organization Hizb restrict the rights to freedom of expression ut-Tahrir as a pretext for house searches of and association, detaining and prosecuting ethnic Crimean Tatars (predominantly government critics, opponents and foreign Muslims) and arrests. At least 19 men were nationals under criminal defamation and arrested as alleged members of Hizb ut- anti-terrorism laws. Enforced Tahrir. Of them, four men from Sevastopol disappearances, unfair trials and torture were put on trial in a military court in Russia, and other ill-treatment of detainees in violation of international humanitarian law remained common. Scores of people governing occupied territories, and sentenced after unfair trials in previous sentenced to between five and seven years in years remained in prison; they included prison. During the trial, nearly all prosecution prisoners of conscience. Women continued witnesses tried to retract their earlier to be discriminated against in law and in statements, claiming that these had been practice. Migrant workers faced exploitation forcibly extracted under threat of criminal and abuse. The courts continued to impose prosecution by members of the Russian death sentences; no executions were security service. reported.

1. Ukraine: Two years after Euromaydan – The prospect for justice is BACKGROUND threatened (EUR 50/3516/2016) The United Arab Emirates (UAE) remained 2. Ukraine: Further information – Body of missing lawyer has been part of the Saudi Arabia-led international found (EUR 50/3734/2016) coalition engaged in armed conflict in Yemen 3. “You don't exist”: Arbitrary detentions, enforced disappearances, and (see Yemen entry) and participated in torture in eastern Ukraine (EUR 50/4455/2016) international military action in Syria and Iraq 4. Ukraine: Authorities must disclose missing man’s fate: Kostyantyn against the armed group Islamic State (IS). Beskorovaynyi (EUR 50/3275/2016) In August, the authorities agreed to the 5. Five men in secret detention in Ukraine (EUR 50/4728/2016) transfer of 15 detainees from the US 6. Ukraine: Kyiv Pride – A genuine celebration of human rights (EUR detention centre at Guantánamo Bay, Cuba, 50/4258/2016) to the UAE. 7. Ukraine: Crimean Tatar activist forcibly disappeared – Ervin The government failed to respond to Ibragimov (EUR 50/4121/2016) requests to visit the UAE made by the Special 8. Ukraine: Crimea in the Dark – The silencing of dissent (EUR Rapporteur on torture and other UN human 50/5330/2016) rights experts. 9. Ukraine: Crimea – Proposed closure of the Mejlis marks culmination of repressive measures against the Crimean Tatar community (EUR FREEDOMS OF EXPRESSION 50/3655/2016) AND ASSOCIATION The authorities tightened the law relating to electronic information and restricted online expression and association, enacting

Amnesty International Report 2016/17 379 legislation to ban the use of virtual private months in secret and unacknowledged networks. They also arrested and prosecuted detention for interrogation. Upon release, peaceful critics and others, including foreign many reported that they had been tortured nationals, under criminal defamation and otherwise ill-treated. provisions of the Penal Code, the 2012 ‘Abdulrahman Bin Sobeih was subjected cybercrime law and the 2014 anti-terrorism to enforced disappearance for three months law in unfair trials before the State Security by UAE authorities after he was forcibly Chamber (SSC) of the Federal Supreme returned to the UAE by Indonesia in Court. The SSC’s proceedings fell far short of December 2015. He had been sentenced in international fair trial standards. his absence in 2013 to a 15-year prison term In May, the SSC acquitted Moza ‘Abdouli after the unfair UAE 94 trial. Following a of “insulting” UAE leaders and political retrial, in November he was sentenced to 10 institutions and “spreading false years’ imprisonment, followed by three years’ information”. She had been arrested in surveillance. November 2015 together with her sister, Prisoner of conscience Dr Nasser Bin Amina ‘Abdouli, and brother, Mos’ab Ghaith, an academic and economist arrested ‘Abdouli. Another brother, Waleed ‘Abdouli, in August 2015, was subjected to enforced arrested in November 2015 for criticizing his disappearance until April when he was siblings’ detention at Friday prayers, was brought before the SSC. He faced charges released without charge in March. relating solely to the peaceful exercise of his Tayseer al-Najjar, a Jordanian journalist rights to freedom of expression and arrested in December 2015, remained in association. He told the court that officials detention at the end of the year awaiting trial had tortured and otherwise ill-treated him, before the SSC, apparently in connection with but the judge failed to order an investigation. Facebook posts criticizing the UAE and In December his case was transferred to an alleged links to Egypt’s banned Muslim appeal court. Brotherhood organization. In October, he told his wife that his eyesight was deteriorating in TORTURE AND OTHER ILL-TREATMENT detention. Torture and other ill-treatment of detainees, In August, the government appeared to be particularly those subjected to enforced behind an attempt to remotely hack into the disappearance, remained common and were iPhone of human rights defender Ahmed committed with impunity. Neither the Mansoor. If successful, it would have allowed government nor the SSC conducted remote access to all information on the independent investigations into detainees’ phone, and remote control of his phone’s allegations of torture. applications, microphone and camera. The Between March and June the authorities sophisticated spyware used to carry out this released six of at least 12 men of Libyan operation is sold by NSO Group, an Israel- origin whom they had arrested in 2014 and based, US-owned company which claimed to 2015. They were released after the SSC sell their product exclusively to governments. acquitted them of providing support for Human rights defender and prisoner of Libyan armed groups. During 2015, State conscience Dr Mohammed al-Roken Security officials had subjected at least 10 of remained in prison, serving a 10-year the men to months of incommunicado sentence imposed after the unfair “UAE 94” detention and torture, including beatings, mass trial in 2013. electric shocks and sleep deprivation, before they were brought to trial. The fate of two of ENFORCED DISAPPEARANCES the men remained undisclosed, while those The authorities subjected scores of freed in 2016 included Salim al-Aradi, a detainees, including foreign nationals, to Canadian-Libyan national, and Kamal Eldarat enforced disappearance, holding them for

380 Amnesty International Report 2016/17 and his son, Mohammed Eldarat, both US- migrant workers who engaged in strike action Libyan nationals. faced deportation and a one-year ban on returning to the UAE. UNFAIR TRIALS In January, Ministerial Decrees 764, 765 Scores of people, including foreign nationals, and 767 of 2015 came into effect, which the were prosecuted before the SSC, often on government said would address some abuses vaguely worded charges relating to national against migrant workers, including the security. The SSC denied defendants the longstanding practice of contract substitution right to an effective defence and accepted whereby employers require migrant workers evidence obtained under torture to convict to sign new contracts with reduced wages defendants. In December, the government when they arrive in the UAE. enacted legislation providing for an appeal in The decrees did not apply to domestic state security cases. workers, mostly women from Asia and Africa, In March, the SSC convicted 34 men on who remained explicitly excluded from labour charges that included establishing Shabab al- law protections and particularly vulnerable to Manara (Minaret Youth Group) to overthrow exploitation and serious abuses, including the government and create an “IS-style forced labour and human trafficking. caliphate”. They received prison sentences ranging from three years to life. Authorities DEATH PENALTY detained them in 2013 and subjected them Courts handed down death sentences; no to enforced disappearance for 20 months. executions were reported. Law 7/2016, Some appeared to have been convicted relating to data protection and expression, based on “confessions” they said were expanded the applicability of the death extracted through torture. penalty. In June, the SSC sentenced Egyptian national Mosaab Ahmed ‘Abdel-‘Aziz Ramadan to three years’ imprisonment for running an “international group in the UAE UNITED KINGDOM affiliated to the Egyptian Muslim United Kingdom of Great Britain and Northern Ireland Brotherhood”. Before trial, the authorities Head of state: Queen Elizabeth II subjected him to several months of enforced Head of government: Theresa May (replaced David disappearance during which he alleged that Cameron in July) security officials forced him to “confess” under torture. Full accountability for torture allegations against UK intelligence agencies and armed WOMEN’S RIGHTS forces remained unrealized. An extremely Women remained subject to discrimination in broad surveillance law was passed. Women law and in practice, notably in matters of in Northern Ireland faced significant marriage and divorce, inheritance and child restrictions on access to abortion. The custody. They were inadequately protected government failed to establish a review into against sexual violence and violence within the impacts of cuts to civil legal aid. Hate the family. crimes rose significantly following the UK’s referendum vote to leave the EU. MIGRANT WORKERS’ RIGHTS Migrant workers, who comprise around 90% LEGAL, CONSTITUTIONAL OR of the private workforce, continued to face INSTITUTIONAL DEVELOPMENTS exploitation and abuse. They remained tied to In June, the majority of the electorate in the employers under the kafala sponsorship UK and Gibraltar voted in a referendum to system and were denied collective bargaining leave the EU. rights. Trade unions remained banned and

Amnesty International Report 2016/17 381 Although the new Justice Secretary The Independent Reviewer’s annual announced in August that the government report, published in November, documented intended to continue with plans to replace that new powers to prevent suspected the Human Rights Act (which incorporates “foreign terrorist fighters” from travelling were the European Convention on Human Rights applied 24 times during 2015, and pre- into domestic law) with a British Bill of existing powers to withdraw passports from Rights, by the end of the year the Attorney British citizens were exercised 23 times, but General suggested that concrete proposals that a power available since 2015 to would be deferred until after the EU temporarily exclude returning “foreign referendum process had been completed. terrorist fighters” had not been used.

JUSTICE SYSTEM “Counter-extremism” policy Calls intensified for a review of cuts to civil Plans for a Counter-Extremism and legal aid brought about by the Legal Aid, Safeguarding Bill were announced in May, Sentencing and Punishment of Offenders Act but no concrete legislative proposal had been 2012 (LASPO), based on their impact on tabled by end of year. vulnerable and marginalized people in NGO research into the statutory “prevent various contexts, including inquests, duty” on certain public bodies, including immigration, welfare, family and housing schools, to “have due regard to the need to law.1 Official statistics published in June by prevent people from being drawn into the Legal Aid Agency showed that legal help terrorism”, found that the scheme created a in civil cases had dropped to one third of pre- serious risk of violating human rights, LASPO levels. In July, the UN Committee on including peaceful exercise of freedom of Economic, Social and Cultural Rights called expression, and that its application in on the government to reassess the impact of educational and health care settings reforms to the legal aid system. The undermined trust. government failed to establish a review. In April, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of COUNTER-TERROR AND SECURITY association warned that the government’s Counter-terrorism powers and related policy approach to “non-violent extremism” risked initiatives to counter “extremism” continued violating both freedoms. In July, the to raise concerns. Parliamentary Joint Committee for Human Rights recommended the use of existing laws Definition of terrorism rather than drafting new, unclear legislation. Despite a Court of Appeal judgment in January which narrowed the definition of Drones terrorism, and recurring criticism of the over- In May, the Joint Committee for Human broad statutory definition by the Independent Rights published its inquiry into the use of Reviewer of Terrorism Legislation, the Home drones for targeted killing. The inquiry Secretary confirmed, in October, that the examined the drone strike by the Royal Air government had no intention of changing it. Force in 2015 in al-Raqqa, Syria, killing three people, including at least one British national, Administrative controls believed to be members of the armed group In November, Parliament extended the Islamic State (IS). The inquiry called on the Terrorism Prevention and Investigation government to clarify its policy of targeted Measures (TPIM) Act 2011 for five more killings in armed conflict and its role in years. TPIMs are government-imposed targeted killing by other states outside armed administrative restrictions on individuals conflict. suspected of involvement in terrorism-related activity.

382 Amnesty International Report 2016/17 TORTURE AND OTHER ILL-TREATMENT SURVEILLANCE Internment in Northern Ireland In November, the Investigatory Powers Act In December, the government responded to (IPA), which overhauled the existing, questions put to it by the European Court of piecemeal domestic legislation on Human Rights (ECtHR), following a 2014 surveillance, became law. The IPA granted request by the Irish government to review the increased powers to public authorities to 1978 judgment in Ireland v UK, on torture interfere with private communication and techniques used in internment in Northern information in the UK and abroad. It Ireland in 1971-72. permitted a broad range of vaguely defined interception, interference and data retention Rendition practices, and imposed new requirements on In June, the Crown Prosecution Service private companies, facilitating government (CPS) decided not to bring any criminal surveillance by creating “internet connection charges relating to allegations by two Libyan records”. The new law lacked a requirement families that they had been subject to for clear prior judicial authorization. rendition, torture and other ill-treatment in In October, the Investigatory Powers 2004 by the US and Libyan governments, Tribunal (IPT) ruled that the secret, bulk with the knowledge and co-operation of UK collection of domestic and foreign officials. In November, the two families – communications data and the collection of Abdul-Hakim Belhaj and Fatima Boudchar, “bulk personal datasets” had violated the and Sami al-Saadi and his wife and children right to privacy previously, but were now – began judicial review proceedings to lawful. challenge the CPS decision. Proceedings were pending before the ECtHR regarding the legality of the pre-IPA Armed forces mass surveillance regime and intelligence In September, it emerged that the Royal sharing practices. The Court of Justice of the Military Police were investigating EU ruled in December that the general, approximately 600 cases of alleged indiscriminate retention of communications mistreatment and abuse in detention in data under the Data Retention and Afghanistan between 2005 and 2013. Investigatory Powers Act 2014 was not As of November, the Iraq Historic permitted. Allegations Team, the body investigating allegations of abuse of Iraqi civilians by UK NORTHERN IRELAND: LEGACY ISSUES armed forces personnel, had concluded or The former and current Secretaries of State was about to conclude investigations into for Northern Ireland both referred to those 2,356 of 3,389 allegations received. raising allegations of collusion or focusing on The Iraq Fatality Investigations, a separate human rights violations by state agents as body established in 2013, reported in contributing to a “pernicious counter September on the death of 15-year-old narrative”. NGOs advocating for Ahmad Jabbar Kareem Ali, finding that he accountability for victims raised concerns drowned after being forced into the Shatt-al- that such language placed their work as Basra canal in southern Iraq in 2003 by UK human rights defenders at risk. soldiers. The Ministry of Defence apologized In November, the Special Rapporteur on for the incident. the promotion of truth, justice, reparation and Allegations of war crimes committed by UK guarantees of non-recurrence urged the UK armed forces in Iraq between 2003 and 2008 government to address structural or systemic remained under preliminary examination by patterns of violations and abuses, rather than the Office of the Prosecutor of the focusing solely on existing “event-based” International Criminal Court. approaches. He suggested widening the

Amnesty International Report 2016/17 383 focus of measures from cases of death to include torture, sexual abuse and unlawful DISCRIMINATION detention, with a gender-sensitive approach. The National Police Chiefs’ Council’s official The Special Rapporteur also urged limiting statistics in June and September showed a national security arguments against claims 57% spike in reporting of hate crime in the for redress, and ensuring that reparations for week immediately following the EU all victims be tackled seriously and membership referendum, followed by a systematically. decrease in reporting to a level 14% higher The Lord Chief Justice of Northern Ireland than the same period the previous year. The set out a detailed five-year plan to address UN High Commissioner for Human Rights the backlog of “legacy” coroner’s inquests, expressed his concern in June. Government but failed to receive funding from the statistics published in October showed an Northern Ireland Executive and central increase in hate crimes of 19% over the government. previous year, with 79% of the incidents The government continued to refuse to recorded classified as “race hate crimes”. In establish an independent public inquiry into November, the CERD Committee called on the 1989 killing of Patrick Finucane, despite the UK to take steps to address the increase having acknowledged previously that there in such hate crimes. had been “collusion” in the case. In the first inquiry of its kind, the UN Committee on the Rights of Persons with SEXUAL AND REPRODUCTIVE RIGHTS Disabilities reported on the cumulative Access to abortion in Northern Ireland impact of legislative changes on welfare, care remained limited to exceptional cases where and legal assistance. The government the life or health of the woman or girl was at disagreed with the Committee’s findings of risk.2 The abortion law in Northern Ireland “grave or systematic violations of the rights of was criticized by both the Committee on persons with disabilities.” Economic, Social and Cultural Rights and the Committee on the Rights of the Child in July. REFUGEES’ AND MIGRANTS’ RIGHTS Women in Northern Ireland faced criminal The Immigration Act became law in May. It prosecution for taking WHO-approved extended sanctions against landlords whose medication to induce abortions. A woman tenants’ immigration status disqualifies them was given a three-month suspended from renting, while increasing landlords’ sentence after pleading guilty to two offences eviction powers; extended powers to block under the 1861 law governing abortion in limited appeal rights against removal from the Northern Ireland. UK until after the person has left the country; Official statistics for the previous year and introduced a scheme whereby separated showed that 833 women from Northern children seeking asylum in the UK may be Ireland had travelled to England or Wales to transferred between local authorities. access abortion, and that 16 lawful abortions The government continued to resist calls to had been performed in Northern Ireland. take more responsibility for hosting refugees. In June, the Northern Ireland Court of In April, the government announced it would Appeal heard appeals of a 2015 High Court, resettle up to 3,000 people from the Middle ruling that the region’s abortion law was East and North Africa by May 2020. In incompatible with domestic and international October, the government accepted a few human rights law. dozen separated children from the “Jungle” In November, Scotland’s First Minister set camp in Calais, France, alongside a larger out proposals to provide access to abortion number of other children relocated to join services through the National Health Service family under provisions of the Dublin III in Scotland for women and girls from regulations. Northern Ireland.

384 Amnesty International Report 2016/17 In January, an Independent Review into the welfare in detention of vulnerable persons 1. United Kingdom: Cuts that hurt – the impact of legal aid cuts in England on access to justice (EUR 45/4936/2016) made strong criticisms of the scale and 2. United Kingdom: Submission to the UN Committee on Economic, longevity of immigration detention. In August, Social and Cultural Rights (EUR 45/3990/2016) the Home Office responded with a new “adults at risk” policy. However, NGOs criticized the policy for further removing safeguards against harmful detention, UNITED STATES OF including by adopting a narrow definition of “torture” when considering the risk posed by AMERICA detention to a person’s welfare. In November, the High Court permitted a challenge to the United States of America policy, ordering that the previous wider Head of state and government: Barack Obama definition of torture be used for the time being. Two years after a Senate committee reported on abuses in the secret detention VIOLENCE AGAINST WOMEN AND GIRLS programme operated by the CIA, there was In December, the House of Commons voted still no accountability for crimes under to ratify the Council of Europe Convention on international law committed under it. More preventing and combating violence against detainees were transferred out of the US women and domestic violence (Istanbul detention centre at Guantánamo Bay, Cuba, Convention), which the government had but others remained in indefinite detention signed in 2012. In July, the UN Committee there, while pre-trial military commission on the Rights of the Child recommended proceedings continued in a handful of improved collection of information on cases. Concern about the treatment of violence against children, including domestic refugees and migrants, the use of isolation and gender-based violence. in state and federal prisons and the use of Serious concerns remained about the force in policing continued. There were 20 reduced funding of specialist services for executions during the year. In November, women who had experienced domestic Donald Trump was elected as President; his violence or abuse. Research by the domestic inauguration was scheduled for 20 January women’s rights organization Women’s Aid 2017. showed that refuges were being forced to turn away two in three survivors due to lack INTERNATIONAL SCRUTINY of space or inability to meet their needs, and In August, the UN Human Rights Committee that the rate for ethnic minority women was expressed concern that the investigation into four in five. torture in the counter-terrorism context, which the USA was legally obliged to TRADE UNION RIGHTS conduct, had not taken place. The In May, the Trade Union Act, which placed Committee noted that the USA had provided more restrictions on unions organizing strike no further information on the Senate Select action, came into force. During the year, the Committee on Intelligence (SSCI) report into UN Special Rapporteur on the rights to the secret detention programme operated by freedom of peaceful assembly and of the CIA after the attacks of 11 September association and the UN Committee on 2001 (9/11). The full 6,963-page report Economic, Social and Cultural Rights called remained classified top secret and the SSCI on the government to review and revise had not released it by the end of the year. the law. On 16 August, the Committee noted that the USA had provided no further information on reports that Guantánamo Bay detainees

Amnesty International Report 2016/17 385 had been denied access to judicial remedy it was committed, could not be shielded from for torture and other human rights violations judicial review. incurred while in US custody. COUNTER-TERROR AND SECURITY IMPUNITY At the end of the year, nearly eight years after No action was taken to end impunity for the President Obama made the commitment to systematic human rights violations, including close the Guantánamo Bay detention facility torture and enforced disappearance, by January 2010, 59 men were still held committed in the secret CIA detention there, the majority of them without charge or programme after 9/11. trial. During 2016, 48 detainees were In May, the US Court of Appeals for the transferred to government authorities in District of Columbia (DC) Circuit ruled that Bosnia and Herzegovina, Cape Verde, the SSCI report into the secret CIA detention Ghana, Italy, Kuwait, Mauritania, programme remained a “congressional Montenegro, Oman, Saudi Arabia, Senegal, record” and was not subject to disclosure Serbia and the United Arab Emirates. under the Act. A In August, the UN Committee against petition seeking US Supreme Court review of Torture said that its recommendation to end the ruling was filed in November. Separately, indefinite detention without charge or trial, in late December, a DC District Court judge which amounted per se to a violation of the ordered the administration to preserve the UN Convention against Torture, had not been SSCI report, and to deposit an electronic or implemented. paper copy of it with the Court for secure Pre-trial military commission proceedings storage. At the end of the year, it was not continued against five detainees accused of known if the government would appeal the involvement in the 9/11 attacks and charged order. in 2012 for capital trial under the MCA of On 12 August, the DC Circuit Court of 2009. The five – Khalid Sheikh Mohammed, Appeals dismissed a lawsuit for damages Walid bin Attash, Ramzi bin al-Shibh, Ammar brought on behalf of Afghan national al Baluchi and Mustafa al Hawsawi – were Mohamed Jawad who had been held in US held incommunicado in secret US custody military custody from 2002 to 2009. During for up to four years prior to their transfer to that time he was subjected to torture or other Guantánamo Bay in 2006. Their trial had not cruel, inhuman or degrading treatment. He begun by the end of 2016. was under 18 years old when taken into US Pre-trial military commission proceedings custody in Afghanistan and transferred to also continued against ‘Abd al-Rahim al- detention in Guantánamo Bay.1 The Court of Nashiri. He was arraigned for capital trial in Appeals upheld a lower court decision to 2011 on charges relating to the attempted dismiss the lawsuit on the grounds that the bombing of the USS The Sullivans in 2000, federal courts lacked jurisdiction under and the bombings of the USS Cole in 2000 Section 7 of the Military Commission Act and of the French supertanker Limburg in (MCA) of 2006.2 2002, all in Yemen. He had been held in In October, the US Court of Appeals for the secret CIA custody for nearly four years prior Fourth Circuit overturned a lower court’s to his transfer to Guantánamo Bay in 2006. dismissal of a lawsuit brought by Iraqi In August 2016, the DC Circuit Court of nationals who claimed they were tortured by Appeals ruled that a decision on his claim, interrogators employed by CACI Premier that the offences with which he had been Technology, Inc. at Abu Ghraib prison in Iraq charged were not triable by military in 2003 and 2004. The Court held that commission because they were not intentional conduct by contracted committed in the context of and associated interrogators, which was unlawful at the time with hostilities, had to await a final appeal in

386 Amnesty International Report 2016/17 the case in what was still likely a decade numbers at nearly 1,000 individuals killed. away. The US Department of Justice (DOJ) Omar Khadr who pleaded guilty in 2010 to announced plans to create a system to track charges under the MCA relating to conduct in these deaths under the Deaths in Custody 2002 in Afghanistan when he was aged 15, Reporting Act, to be implemented in 2017. and was transferred to his native Canada in However, the programme is not compulsory 2012, sought disqualification of one of the for law enforcement agencies and the data judges on the Court of Military Commission compiled may not reflect the total numbers. Review (CMCR) on grounds of lack of According to the limited data that is available, impartiality. The DC Circuit Court of Appeals black men are disproportionately victims of rejected the challenge, again ruling that the police killings. claim would have to wait for a final appeal to At least 21 people across 17 states died be decided. after police used electric-shock weapons on During the year, Omar Khadr’s appeal to them, bringing the total number of such the CMCR against his conviction, including deaths since 2001 to at least 700. Most of on grounds that he had pleaded guilty to the victims were not armed and did not offences that were not war crimes triable by appear to pose a threat of death or serious military commission, was held in abeyance injury when the electric-shock weapon pending the Court of Appeals’ decision on the was deployed. case of Guantánamo Bay detainee Ali Hamza Suliman al Bahlul who is serving a life FREEDOM OF ASSEMBLY sentence imposed in 2008 under the MCA of In July, the deaths of Philando Castile in 2006. In 2015, a three-judge panel of the Falcon Heights, Minnesota, and Alton Court had overturned Ali Hamza Suliman al Sterling in Baton Rouge, Louisiana, sparked Bahlul’s conviction for conspiracy to commit protests against the police across the country. war crimes on the grounds that the charge Similar protests against police use of force was not recognized under international law occurred in other cities such as Tulsa in and could not be tried by a military tribunal. Oklahoma and Charlotte in North Carolina. The government successfully sought The use of heavy-duty riot gear and military- reconsideration by the full court, which in grade weapons and equipment to police October 2016 upheld the conspiracy these demonstrations raised several concerns conviction in a fractured vote involving five in terms of the demonstrators’ right to separate opinions and no resolution of the peaceful assembly. ultimate issue. Three of the nine judges Protests in and around Standing Rock, dissented, arguing that Congress did not North Dakota, against the Dakota Access have the power to make conspiracy an Pipeline to transport crude oil, despite being offence triable by military commission, largely peaceful, drew a heavy police stressing that “whatever deference the response from local and state law judiciary may owe to the political branches in enforcement authorities. Local law matters of national security and defense, it is enforcement agencies placed a police not absolute”. Two judges wrote separately to barricade on the road leading to the protest say that it was improper to decide the sites. Officers responded in riot gear and with ultimate issue for procedural reasons unique assault weapons and used pepper spray, to Ali Hamza Suliman al Bahlul’s case. rubber bullets and electric-shock weapons against protesters. There were more than 400 EXCESSIVE USE OF FORCE arrests after August, mainly for acts of The authorities continued to fail to track the trespassing and non-violent resistance. exact number of people killed by law Authorities targeted reporters and activists for enforcement officials during the year – low- level offences such as trespassing. documentation by media outlets put the

Amnesty International Report 2016/17 387 evidence – and other essential health care GUN VIOLENCE services. Attempts by US Congress to pass legislation Disparities in women’s access to sexual to prevent the sale of assault weapons or and reproductive health care, including implement comprehensive background maternal care, continued. The maternal checks for weapon buyers, failed to pass. mortality ratio rose over the last six years; Congress continued to deny funding to the African-American women remained nearly Center for Disease Control and Prevention to four times more likely to die of pregnancy- conduct or sponsor research into the causes related complications than white women. of gun violence and ways to prevent it. The threat of criminal punishment for drug use during pregnancy continued to deter REFUGEES’ AND MIGRANTS’ RIGHTS women from marginalized groups from More than 42,000 unaccompanied children accessing health care, including prenatal and 56,000 individuals who comprised family care. However, a harmful amendment to units were apprehended crossing the Tennessee’s “fetal assault” law expired in July southern border irregularly during the year. after successful advocacy ensured the law Families were detained for months, some for did not become permanent.3 more than a year, while pursuing claims to remain in the USA. Many were held in RIGHTS OF LESBIAN, GAY, BISEXUAL, facilities without proper access to medical TRANSGENDER AND INTERSEX PEOPLE care and legal counsel. The UN High Legal discrimination against LGBTI people Commissioner for Refugees called the persisted at the state and federal level. No situation in the Northern Triangle a federal protections existed banning humanitarian and protection crisis. discrimination on the grounds of sexual The authorities resettled more than 12,000 orientation and gender identity in the Syrian refugees by the end of the year and workplace, housing or health care. While said they would go from taking in 70,000 some individual states and cities enacted refugees per year to accepting 85,000 in non-discrimination laws that included fiscal year 2016 and 100,000 in the year protection on the grounds of sexual 2017. Legislators introduced bills attempting orientation and gender identity, the vast to prevent lawfully admitted refugees from majority of states provided no legal living in their state. In September, Texas protections for LGBTI people. Conversion announced its withdrawal from the federal therapy, criticized by the UN Committee Refugee Resettlement Program on the basis against Torture as a form of torture, remained of alleged security concerns, despite refugees legal in most states and territories. being required to undergo an exhaustive Transgender people continued to be screening process before entering the USA. particularly marginalized. Murder rates of Kansas and New Jersey also withdrew from transgender women were high and the Program. discriminatory state laws, such as North Carolina’s “bathroom bill” which bans cities WOMEN’S RIGHTS from allowing transgender individuals to use Native American and Alaskan Native women public bathrooms in accordance with their remained more than 2.5 times more likely to gender identity, undermined their rights. be raped or sexually assaulted than non- Indigenous women. Gross inequalities PRISON CONDITIONS remained for Indigenous women in accessing Over 80,000 prisoners at any given time were post-rape care, including access to held in conditions of physical and social examinations, rape kits – a package of items deprivation in federal and state prisons used by medical staff to gather forensic throughout the country. In January, the DOJ issued guiding principles and policy

388 Amnesty International Report 2016/17 recommendations that would limit the use of December, the Florida Supreme Court ruled solitary confinement and restrictive housing – that the Hurst ruling applied to those death prison or jail housing that had different rules row inmates – just over 200 of nearly 400 – than were in place for the general prison whose death sentences had not yet been population – in federal prisons. The finalized on mandatory appeal by 2002. They recommendations emphasized housing could be entitled to new sentencing hearings prisoners in the least restrictive environment as a result. possible, diverting persons with mental illness In August, the Delaware Supreme Court out of isolation, and drastically limiting the struck down Delaware’s capital sentencing use of solitary confinement for juveniles. statute in the wake of Hurst v Florida, because it gave judges the ultimate power DEATH PENALTY to decide whether the prosecution Twenty men were executed in five states, had proved all facts necessary to impose the bringing to 1,442 the total number of death penalty. Delaware’s Attorney General executions since the US Supreme Court announced that he would not appeal the approved new capital laws in 1976. This was ruling. the lowest annual total since 1991. States continued to face difficulties with Approximately 30 new death sentences were their lethal injection protocols and the passed. Around 2,900 people remained on acquisition of drugs. Louisiana will not carry death row at the end of the year. out any executions throughout 2017 due to Texas carried out fewer than 10 executions the litigation in federal court on its lethal for the first time since 1996. Oklahoma did injection protocol. Ohio continued to face not carry out any executions for the first time problems sourcing lethal injection drugs and since 1994. Texas and Oklahoma combined there were no executions for the second year accounted for 45% of executions in the USA running in Ohio. In March, Ohio Supreme between 1976 and 2016. Court ruled 4-3 that the state could try to In the November elections, the Oklahoma execute Romell Broom for the second time. electorate voted to amend the state The first attempt in 2009 was abandoned constitution to prohibit Oklahoma’s state after the lethal injection team failed to courts from declaring the death penalty a establish an intravenous line during two “cruel or unusual” punishment. In California, hours of trying. An execution date for Romell the state with the largest death row Broom had not been set by the end of the population, voters opted not to repeal the year. death penalty; and in Nebraska the electorate The US Supreme Court intervened in a voted to reject the legislature’s 2015 repeal of number of capital cases. In March, it granted the death penalty. Louisiana death row inmate Michael Wearry a Execution moratoriums remained in force new trial, 14 years after he was convicted. in Pennsylvania, Washington State and The Court found that prosecutorial Oregon throughout the year. misconduct, including the withholding of Florida, where executions had been on the exculpatory evidence, had violated Michael increase in recent years, saw them on hold Wearry’s right to a fair trial. In May, it granted all year after the US Supreme Court ruled in Georgia death row inmate Timothy Foster a Hurst v Florida in January that Florida’s new trial because of racial discrimination at capital sentencing statute was jury selection. Timothy Foster, an African- unconstitutional for giving juries only an American, was sentenced to death by an all- advisory role in who was sentenced to death. white jury after prosecutors had peremptorily Florida legislature passed a new statute, but removed every black prospective juror from in October the Florida Supreme Court ruled it the jury pool. unconstitutional because it did not require In August, the National Hispanic Caucus juror unanimity on death sentencing. In of State Legislators “overwhelmingly”

Amnesty International Report 2016/17 389 approved a resolution calling for abolition of Conference. The exercise of conscientious the death penalty across the USA. The objection among medical practitioners resolution cited racial discrimination, continued to pose significant barriers to ineffectiveness, cost and the risk of error. women’s access to safe and legal abortion. In April, Gary Tyler was released after 42 years in prison in Louisiana. Gary Tyler, an BACKGROUND African-American, had originally been The Action Plan 2016-2019 “for a life free of sentenced to death for the fatal shooting of a gender violence”, drafted by the National 13-year-old white boy in 1974 during a riot Advisory Council against Domestic Violence, over school integration. Gary Tyler, aged 16 at came into effect. the time of the shooting, was convicted and In July, the UN CEDAW Committee urged sentenced to death by an all-white jury. His Uruguay to increase action to reduce death sentence was overturned after the US discrimination against Afro-descendant Supreme Court ruled Louisiana’s mandatory women and to improve their access to death penalty statute unconstitutional in education, employment and health. The 1976; and his life sentence was overturned Committee also expressed concern about the after the Court in 2012 barred mandatory life lack of a specific mechanism to ensure without parole sentences for crimes reparations for women who had suffered committed by under-18-year-olds. The sexual violence under the civil-military prosecution agreed to vacate the murder government, among other issues. conviction, allowed him to plead guilty to In August, the UN Committee on the manslaughter, and he received the maximum Rights of Persons with Disabilities called for prison sentence of 21 years, less than half the creation of consultation mechanisms for the time he had already served.4 people with disabilities to enable them to participate in the adoption of public and legislative policies and to ensure accessible 1. USA: From ill-treatment to unfair trial − the case of Mohamed Jawad, child "enemy combatant" (AMR 51/091/2008) methods for reporting discrimination on 2. USA: Chronicle of immunity foretold (AMR 51/003/2013) grounds of disability. 3. USA: Tennessee "Fetal Assault" Law − a threat to women’s health and human rights (AMR 51/3623/2016) PRISON CONDITIONS In June, the Parliamentary Commissioner for 4. USA: The Case of Gary Tyler, Louisiana (AMR 51/089/1994); Louisiana: Unfair Trial – Gary Tyler (AMR 51/182/2007) the Penitentiary System, with the support of other national institutions and the UN High Commissioner for Human Rights, facilitated workshops on human rights education for URUGUAY prison directors. These workshops aimed to improve public servants’ understanding of Eastern Republic of Uruguay Head of state and government: Tabaré Vázquez human rights-based approaches in order to avoid internal conflicts and the excessive use of force. Despite efforts by the Working Group for Truth and Justice, little progress was made IMPUNITY in the few criminal prosecutions of crimes The Truth and Justice Working Group, under international law and human rights established in May 2015 to investigate crimes violations committed during the period of against humanity committed between 1968 civil-military government (1973-1985). and 1985, continued to collect testimonies, Discrimination against people with conduct exhumations, and locate the disabilities persisted and lack of gender remains of missing persons. It also gained equality remained a concern. Uruguay access to important documentation, hosted the Global LGBTI Human Rights including archives at the headquarters of

390 Amnesty International Report 2016/17 Naval Fusiliers and was due to make its findings public in 2017. UZBEKISTAN

RIGHTS OF LESBIAN, GAY, BISEXUAL, Republic of Uzbekistan TRANSGENDER AND INTERSEX PEOPLE Head of state: Shavkat Mirzioiev (replaced Islam In July, Uruguay hosted the Global LGBTI Karimov in September) Human Rights Conference. Uruguay chaired Head of government: Abdulla Aripov (replaced Shavkat the thematic group discussion calling for Mirzioiev in December) LGBTI people to be included in the 2030 Agenda for Sustainable Development. Torture in detention centres and prisons For the first time Uruguay carried out a continued to be pervasive. The authorities census of transgender people to better secured the return, including by secret understand their situation. The multiple rendition, of hundreds of people they discrimination suffered by transgender suspected of criminal activity, of being in people remained a problem, despite efforts opposition to the government or of being a and policies to improve the situation. threat to national security; they were at risk Homophobia-free health centres were of torture. Forced labour was widely used. successfully developed; however, the lack of The rights to freedom of expression and of comprehensive health care for LGBTI people association remained severely restricted. remained a challenge. Human rights defenders continued to face routine harassment and violence. SEXUAL AND REPRODUCTIVE RIGHTS The UN CEDAW Committee commended BACKGROUND Uruguay for a drastic reduction in maternal President Karimov died on 2 September, after mortality and the expansion of women’s 27 years in power. The authorities controlled access to sexual and reproductive health all information surrounding his death and services. However, it expressed concern that launched sustained attacks on social media such access remained limited in rural areas. against independent news outlets and human The Committee expressed further concern at rights activists who criticized the late the widespread use of conscientious President’s human rights record. objection among medical practitioners, which Prime Minister Mirzioiev, appointed acting limited women’s access to safe and legal President in September, was elected abortion services. The Committee called on President on 4 December. the government to assess the nationwide availability of sexual and reproductive health TORTURE AND OTHER ILL-TREATMENT services in order to identify underserved The authorities continued to categorically areas and ensure appropriate funding; to deny reports of pervasive torture and other ill- take measures to ensure that women have treatment by law enforcement officials. In access to legal abortion and post-abortion October, the Director of the National Centre services; and to introduce more rigorous for Human Rights said that torture allegations requirements to prevent blanket use of were based on fabricated evidence and conscientious objection in cases of abortion. “clearly designed as a means of disinformation… to put undue pressure” on Uzbekistan.1 Human rights defenders, former prisoners and relatives of prisoners continued to provide credible information that police and National Security Service (NSS) officers routinely used torture to coerce suspects,

Amnesty International Report 2016/17 391 detainees and prisoners into confessing detainee or prisoner, and they were generally crimes or incriminating others. accompanied by officials, precluding Judges continued to ignore or dismiss as confidential conversations. unfounded allegations of torture or other ill- NSS officers continued the practice of treatment, even when presented with secret renditions (abducting wanted credible evidence. individuals) from abroad. In Russia, local In February, the Dzhizakh Regional security services were complicit in this Criminal Court convicted fish farmer Aramais practice in those rare instances when the Avakian and four co-defendants of plotting Russian authorities refused to comply with anti-constitutional activities and of extradition requests. membership of an “extremist organization”. Those abducted or otherwise forcibly They were sentenced to between five and 12 returned were subjected to incommunicado years in prison. detention, often in undisclosed locations, Aramais Avakian consistently denied the and tortured or otherwise ill-treated to force charges and told the court that NSS officers them to confess or incriminate others. In had abducted him, held him incommunicado many cases, security forces pressured for a month, tortured and forced him to relatives not to seek support from human confess. They broke several of his ribs and rights organizations, and not to file gave him electric shocks. In court, several of complaints about alleged human rights the prosecution witnesses said that NSS violations. officers had detained and tortured them in On 4 March, Russian intelligence officers order to incriminate Aramais Avakian and his apprehended asylum-seeker Sarvar Mardiev co-defendants. During the appeal hearing in as he was released from prison in Russia and March, his co-defendant Furkat Dzhuraev drove him away. His whereabouts were told the judge that he, too, had been tortured. undisclosed until October, when the The trial and appeal judges ignored all Uzbekistan authorities confirmed that Sarvar allegations of torture and admitted the Mardiev was detained in Kashkadaria the day defendants’ forced “confessions” as evidence after his release from prison in Russia. They against them. said he was in pre-trial detention charged with crimes against the state. He was not COUNTER-TERROR AND SECURITY granted access to a lawyer for a month. The authorities continued to secure the return – through extradition proceedings or Persecution of family members otherwise – of numerous Uzbekistani The authorities increased pressure on nationals they suspected of criminal activity, relatives of those suspected or convicted of or labelled as opponents or a threat to crimes against the state, including individuals national security. working or seeking protection abroad. The authorities used the threat of bringing Forced returns charges of membership of a banned Islamist In October, the authorities said they had group against a detained relative to prevent secured the return of 542 individuals families from exposing human rights between January 2015 and July 2016. violations and seeking help from human The government offered assurances to the rights organizations at home and/or abroad. authorities of the sending state saying that Local mahalla (neighbourhood) independent monitors and diplomats would committees continued to collaborate with have free and confidential access to security forces and local and national extradited individuals and that they would authorities in closely monitoring residents of receive a fair trial; in reality, access was their mahallas for any signs of behaviour or limited. In some cases it took up to a year for activities considered improper, suspect or diplomats to be granted permission to see a illegal. Mahalla committees publicly exposed

392 Amnesty International Report 2016/17 residents and their families and took punitive action against them. 1. Uzbekistan: Fast-track to torture − abductions and forcible returns from Russia to Uzbekistan (EUR 62/3740/2016) In February, mahalla members informed the wife of Aramais Avakian that local residents had decided to expel her and her children from their neighbourhood because VENEZUELA of the “actions of her terrorist husband” and because she had given interviews to foreign Bolivarian Republic of Venezuela journalists, slandered local officials and Head of state and government: Nicolás Maduro Moros brought Uzbekistan into disrepute. The government declared a state of FORCED LABOUR emergency which was renewed four times. Forced labour was used in the cotton Most of those suspected of responsibility for industry. International organizations crimes under international law and for estimated that the authorities compelled over human rights violations during the 2014 a million public sector employees to work in protests had yet to be brought to justice. the cotton fields, in the preparation of the Prison overcrowding and violence fields in spring and the harvest in the continued. Survivors of gender-based autumn. Uzbekistan was the world’s second violence faced significant obstacles in biggest user of modern-day slavery according accessing justice. Human rights defenders to the 2016 Global Slavery Index. and journalists frequently faced campaigns to discredit them, as well as attacks and FREEDOM OF EXPRESSION – intimidation. Political opponents and critics HUMAN RIGHTS DEFENDERS of the government continued to face The rights to freedom of expression and imprisonment. There were reports of association remained severely restricted. excessive use of force by the police and Activists who attempted to document the security forces. use of forced labour in the cotton fields were repeatedly detained and searched. BACKGROUND On 8 October, police and NSS officers On 15 January, President Maduro declared a detained the head of the independent NGO state of general emergency and economic Human Rights Defenders’ Alliance of emergency which lasted the year. The Uzbekistan, Elena Urlaeva, and independent declaration established provisions which photographer Timur Karpov as well as two could restrict the work of civil society and French activists in Buk District of Tashkent NGOs, including by allowing the authorities to Region. They were interviewing medical staff audit signed agreements between national and teachers sent to work in the cotton fields. organizations and legal entities with Elena Urlaeva reported that she was escorted companies or institutions based abroad. to an interrogation room in Buk police station The authorities failed to report on the by a group of women, two of whom pulled results of the implementation of the National her by her hair, punched and verbally Human Rights Plan, which had been insulted her. Police officers did not stop them approved in 2015. but instead threatened Elena Urlaeva and Most of the judgments and orders passed refused to call medical assistance for her. on Venezuela by the Inter-American Court of They released her without charges after six Human Rights had yet to be complied with hours. Timur Karpov was detained for 10 by the end of the year. hours and threatened. Their recording Food and medicine shortages intensified equipment and documentation materials dramatically, provoking protests throughout were confiscated. the country. In July, the executive announced a new mandatory temporary work regime

Amnesty International Report 2016/17 393 under which employees in public and private provided by the Attorney General during the companies could be transferred to state-run UPR process revealed that nine officials had food production companies, which would been convicted of various crimes and that 18 amount to forced labour. others were under investigation, even though In October, the UN High Commissioner for 298 investigations had been initiated the Human Rights stated that several Special previous year. However, the only official data Rapporteurs had experienced difficulties in published by the Public Prosecutor’s Office visiting the country because the government was about the conviction of one man for the failed to grant them the relevant permits. 2014 murder of Adriana Urquiola in the city In November, Venezuela’s human rights of Los Teques, Miranda State. record was examined for the second time According to a report presented to under the UN Universal Periodic Review Parliament by the Public Prosecutor’s Office (UPR) process. in January, over 11,000 reports of crimes There was concern that the temporary under international law and human rights nature of the positions held by more than violations were received in 2015, while only 60% of judges made them susceptible to 77 trials were initiated during that year. No political pressure. Contrary to international one had been brought to justice for the human rights standards, civilians were tried killings of eight members of the Barrios family before military courts. Police forces refused or the threats and intimidation against other to comply with release orders issued by family members in Aragua State since 1998. courts. Alcedo Mora Márquez, an employee of the The powers of the opposition-led National Government Secretariat in Merida State and a Assembly were severely limited by resolutions community leader in the area, went missing from the Supreme Court of Justice, which in February 2015. Before his disappearance, hindered the ability of MPs to represent he submitted reports on the misconduct of Indigenous Peoples. The Court also annulled local public officials. a parliamentary declaration on non- In March, 28 miners disappeared in discrimination connected with sexual Bolivar State; in October, the Public orientation and gender identity; and a Prosecutor’s Office presented a report declaration which called for compliance with revealing that it had found the miners’ the decisions issued by intergovernmental corpses and determined who was responsible organizations. for their disappearance. Twelve people were charged with murder, robbery and IMPUNITY “deprivation of liberty”.1 The country’s withdrawal from the jurisdiction of the Inter-American Court of Human Rights EXCESSIVE USE OF FORCE (in effect since 2013) continued to deny There were continued reports of excessive victims of human rights violations and their use of force by security forces, particularly in relatives access to justice, truth and the repression of protests over the lack of reparation. food and medicine. In June, Jenny Ortiz Although two officials were convicted in Gómez died as a result of several gunshots to December of murdering Bassil Da Costa and the head when police officers carried out Geraldine Moreno during the 2014 protests, public order operations. The suspected progress was slow in bringing to justice those perpetrator was charged with intentional suspected of criminal responsibility for the homicide and misuse of firearms. killing of 41 other people – including security According to the Venezuelan Observatory force personnel – as well as the torture and of Social Conflict, approximately 590 protests other ill-treatment of demonstrators during were registered each month during the year. the protests. The suspects included The majority were related to demands for members of the security forces. Information

394 Amnesty International Report 2016/17 economic, social and cultural rights, in In August, seven people were killed and particular access to food, health and housing. several others wounded by grenades during a riot at the Aragua Penitentiary Centre. HUMAN RIGHTS DEFENDERS In October, several inmates were evicted Human rights defenders continued to be from the General Penitentiary of Venezuela targeted with attacks and intimidation by after weeks of confrontation with the state media and high-ranking government Bolivarian National Guard, who allegedly officials. used excessive force in the confrontation. In April, Humberto Prado Sifontes, director The Office of the Ombudsman announced of the Venezuelan Prisons Observatory (OVP), a proposal to reduce overcrowding in pre-trial was once again the victim of threats and detention facilities. According to its annual insults when his email and social media report, presented to Parliament, 22,759 accounts were hacked following the people remained in pre-trial detention in publication of an interview where he reported police facilities, resulting in overcrowding and on crisis and violence in the prison system.2 the spread of diseases and violence. In May, Rigoberto Lobo Puentes, a member of the Human Rights Observatory of ARBITRARY ARRESTS AND DETENTIONS the University of The Andes, was shot in the Lawyer Marcelo Crovato remained under head and back with a pellet gun by police house arrest at the end of the year. He had officers in Merida State, when tending to been detained without trial in April 2014 for injured victims during a protest. The officers defending residents whose houses had been continued to shoot at him after he got into raided by the authorities during protests, and his car. was placed under house arrest in 2015. In June, lawyers Raquel Sánchez and Decisions of the UN Working Group on Oscar Alfredo Ríos, members of the NGO Arbitrary Detention had yet to be complied Venezuelan Penal Forum, were attacked by a with by the end of the year. They included group of hooded assailants who smashed the decisions on the cases of Daniel Ceballos and windscreen and side mirrors of their car Antonio Ledezma, two prominent government when they were travelling through Tachira critics. State. Raquel Sánchez was severely wounded In June, Francisco Márquez and Gabriel when she was hit on the head as she got out San Miguel, two activists supporting the of the car.3 opposition party Popular Will, were arrested while on their way from the capital, Caracas, PRISON CONDITIONS to Portuguesa State to help organize electoral Prisons remained seriously overcrowded, and activities. In August, Gabriel San Miguel was despite the announcement concerning new freed following action taken by the Spanish detention centres, prisoners’ living conditions government, while Francisco Márquez was – including their access to food and health – freed in October. worsened. The presence of weapons held by Emilio Baduel Cafarelli and Alexander prisoners remained a problem which the Tirado Lara were transferred on three authorities failed to control. According to the occasions to detention centres known as OVP, the number of prisoners exceeded dangerous, prompting concern for their lives prison capacity by 190% in the first half of and physical integrity. They had been the year. Local NGOs also denounced the convicted of incitement, intimidation using critical situation in pre-trial detention explosives and conspiracy to commit a crime facilities. during the 2014 protests. In March, 57 people – including four Opposition members Coromoto Rodríguez, inmates, a custodian and the prison director Yon Goicoechea, Alejandro Puglia and José – were injured at the Fenix Penitentiary Vicente García were arrested in May, August, Centre in Lara State. September and October respectively, under

Amnesty International Report 2016/17 395 circumstances which amounted to arbitrary 2015 to tackle the high crime rate. The high detention. Coromoto Rodríguez and Alejandro number of civilian casualties suggested that Puglia were released in October. security forces may have used excessive In September, Andrés Moreno Febres- force or carried out extrajudicial executions. Cordero, Marco Trejo, James Mathison and On 15 October, 12 young people were César Cuellar were arrested and – despite arbitrarily detained in the region of being civilians – were brought before a Barlovento, in the state of Miranda, during an military court for participating in the OLP security operation. On 28 November production of a video for the political party their bodies were found in two mass graves. Justice First which had criticized the According to the Public Prosecutor’s Office, government.4 Marco Trejo and Andrés 18 members of the armed forces were Moreno Febres-Cordero were released in detained for their presumed participation in November. the massacre. The UN Human Rights Committee raised PRISONERS OF CONSCIENCE concerns over reports of abuses by military Political opponents of the government forces against Indigenous Peoples settled in continued to face imprisonment. In July, an la Guajira, Zulia State, on the border appeals court dismissed prisoner of with Colombia. conscience Leopoldo López’s appeal against his prison sentence, without taking into FREEDOM OF EXPRESSION account the absence of credible evidence to The authorities continued to single out media support the charges and public statements outlets and journalists critical of the made before his conviction by the authorities, government. thus seriously undermining his right to a fair In March, David Natera Febres, director of trial. He had been sentenced to 13 years and the regional newspaper The Caroní Post, was nine months in prison. sentenced to four years in prison and fined According to the Venezuelan Criminal for publishing reports on corruption. The Forum, more than 100 people remained in sentence had yet to be implemented by the detention due to political reasons. end of the year. In November, the lesbian, gay, bisexual, In June, 17 journalists and media workers transgender and intersex (LGBTI) activist and who were covering protests in Caracas over prisoner of conscience Rosmit Mantilla was the lack of food were attacked and their released from jail. He had been imprisoned equipment stolen. The case was reported to since 2014. The circumstances and the Public Prosecutor’s Office to no avail. conditions of his release remained unclear by the end of the year. VIOLENCE AGAINST WOMEN AND GIRLS Implementation of the 2007 legislation POLICE AND SECURITY FORCES criminalizing gender-based violence Recent official data on homicides remained remained slow due to a lack of resources; by unavailable. The Venezuelan Violence the end of the year there were still no shelters Observatory reported that the country had the available to victims seeking refuge. second highest homicide rate in the Statistics from the Public Prosecutor’s Americas. Office indicated that 121,168 complaints of In January, the Public Prosecutor’s Office gender-based violence were received in reported that investigations had been initiated 2015. Criminal proceedings were initiated in into 245 deaths which occurred in alleged 19,816 cases and civil protection measures armed clashes with officials during the such as restraining orders were granted in government’s Operation Liberation and less than 50% of cases. According to Protection of the People (OLP), which had women’s rights organizations, 96% of the been implemented by security forces in July

396 Amnesty International Report 2016/17 cases that did reach the courts did not result implementation of the projects was granted in convictions. without consulting with and seeking the free, prior and informed consent of Indigenous RIGHTS OF LESBIAN, GAY, BISEXUAL, communities in the area. TRANSGENDER AND INTERSEX PEOPLE In May, the National Assembly approved the RIGHT TO HEALTH – LACK OF FOOD declaration of 17 May as the “Day against AND MEDICINE Homophobia, Transphobia and Biphobia”. The economic and social crisis in the country In August, the Ministry of Interior and continued to worsen. In light of the lack of Justice and the Public Prosecutor’s Office official statistics, private and independent agreed that transgender people could freely agencies such as the Workers’ Centre for express their gender identity on the Documentation and Analysis (CENDA) photograph on their identification documents. reported an inflation of 552% for food However, there were no advances in products from November 2015 to October legislation to guarantee equal rights, 2016, which made it extremely difficult for including to provide for the possibility for an the population to purchase food even when individual to adjust their name, gender and they were able to find it. According to the other details in official documentation to Venezuelan Health Observatory, 12.1% of the correspond to their gender identity, or to population ate only twice a day or less. The criminalize hate crimes based on sexual Bengoa Foundation for Food and Nutrition orientation, gender identity or expression. estimated that 25% of children were malnourished. SEXUAL AND REPRODUCTIVE RIGHTS Studies on living conditions carried out by Access to contraceptives, including three major universities revealed that 73% of emergency contraception, was increasingly homes in the country suffered from income limited due to shortages of medicine. poverty in 2015, while official data from the Abortion continued to be criminalized in all National Institute of Statistics put that figure cases except when the life of the woman or at 33.1%. girl was at risk. The government’s refusal to allow According to a report by the UN international aid efforts to address the Population Fund, the maternal mortality rate humanitarian crisis and provide medicine in the country was 95 per 100,000 live births, exacerbated the critical health situation. The significantly higher than the regional average poor state of public health services led to an of 68 deaths per 100,000 live births. increase in preventable and treatable Contraceptive usage stood at 70% for diseases such as malaria and tuberculosis. traditional methods and 64% for modern NGOs such as the Coalition of Organizations methods, with regional averages at 73% and for the Right to Life and Health and 67% respectively. professional associations calculated that there was a shortage of 75% of high-cost INDIGENOUS PEOPLES’ RIGHTS drugs and 90% of essential drugs. The legal provisions to guarantee and regulate consultation with Indigenous 1. Venezuela: Establish the whereabouts of missing miners (AMR Peoples over matters affecting their 53/3602/2016) livelihoods were not complied with. There 2. Venezuela: Human rights defender threatened: Humberto Prado were reports of criminalization of Indigenous Sifontes (AMR 53/3952/2016) and environmental rights defenders. Concern 3. Venezuela: Human rights defenders assaulted (AMR 53/4223/2016) was raised over the impact on Indigenous 4. Venezuela: Arrested and prosecuted by military tribunal (AMR land and environment of large-scale mining 53/5029/2016) projects in the southern region of Venezuela known as the Mining Arc. Approval for the

Amnesty International Report 2016/17 397 VIET NAM REPRESSION OF DISSENT Peaceful criticism of government policies Socialist Republic of Viet Nam continued to be silenced through judicial and Head of state: Tran Dai Quang (replaced Truong Tan extra-legal means. There was extensive Sang in April) surveillance and harassment of activists, Head of government: Nguyen Xuan Phuc (replaced including those who demonstrated against Nguyen Tan Dung in April) the Formosa ecological disaster which affected the lives of an estimated 270,000 Severe restrictions on the rights to freedom people (see below). Attacks against human of expression, of association and of rights defenders were commonplace.1 peaceful assembly continued. The media The authorities continued to use vaguely and the judiciary, as well as political and worded legislation to convict peaceful religious institutions, remained under state activists under the national security section of control. Prisoners of conscience were the 1999 Penal Code, in particular: Article tortured and otherwise ill-treated, and 258 “abusing democratic freedoms to subjected to unfair trials. Physical attacks infringe upon the interests of the state, the against human rights defenders continued, legitimate rights and interests of organizations and prominent activists were subjected to and/or citizens”; Article 88 “spreading daily surveillance and harassment. Peaceful propaganda against the Socialist Republic of dissidents and government critics were Viet Nam”; and Article 79 “carrying out arrested and convicted on national security activities aimed at overthrowing the people’s charges. Demonstrations were repressed, administration”. with participants and organizers arrested In an eight-day period in March, seven and tortured. The death penalty was activists and government critics were retained. convicted and sentenced to imprisonment for the peaceful expression of their views. They BACKGROUND included Nguyễn Hữu Vinh, founder of the The five-yearly leadership change took place popular blog site Anh Ba Sàm, and his in January at the congress of the Communist assistant Nguyễn Thi Minh Thúy who were Party of Viet Nam. In May, a general election convicted under Article 258 and given five- for the 500 seats in the National Assembly and three-year prison sentences was contested by 900 Communist Party respectively.2 They had spent nearly two members nominated by central or local years in pre-trial detention. authorities and 11 independent candidates. Prominent human rights lawyer Nguyễn Over 100 non-party candidates who Văn Đài and his assistant Lê Thu Hà attempted to register, including prominent remained in incommunicado detention government critics such as Nguyễn Quang A, following their arrest on charges under Article were disqualified on tenuous administrative 88 in December 2015.3 grounds. Some were subject to harassment In October, well-known activist Nguyễn and intimidation. Ngọc Như Quỳnh, known as blogger Mẹ The implementation of key new laws, Nấm (Mother Mushroom), was arrested on scheduled for July, was postponed due to charges under Article 88 in connection with flaws in the amended Penal Code. They her blog postings criticizing the government.4 included the Criminal Procedure Code, the The Article carries a three- to 20-year prison Law on the Organization of Criminal sentence. Investigation Agencies, the Law on the Routine beatings of human rights Implementation of Custody and Temporary defenders and their relatives continued. In Detention, and the amended Penal Code April, Trần Thị Hồng, wife of prisoner of itself. conscience Pastor Nguyễn Công Chính, was

398 Amnesty International Report 2016/17 arrested and severely beaten in custody soon solitary confinement, deprivation of medical after she met with a US delegation visiting treatment and electric shocks. They included Viet Nam.5 bloggers, labour and land rights activists, political activists, religious followers, FREEDOM OF ASSEMBLY members of ethnic groups and advocates for Large peaceful demonstrations over the human rights and social justice. Formosa disaster were frequent. Weekly Land rights activist Bùi Thị Minh Hằng, demonstrations in urban centres around the and Hòa Hảo Buddhist Trần Thị Thúy country in April and May resulted in mass continued to be denied adequate medical arrests and attacks against participants by treatment since 2015; Catholic activist Đặng police and individuals in plain clothes Xuân Diệu was held in solitary confinement believed to be police or working under police for prolonged periods and tortured; and Trần orders. Many of those detained were tortured Huỳnh Duy Thức had been transferred or otherwise ill-treated, including with between several prisons since 2009, beatings and the use of electric shocks.6 apparently as a punishment or to intimidate Demonstrations continued throughout the him. year, with those in provinces affected by the Formosa disaster gathering momentum. REFUGEES AND ASYLUM-SEEKERS There were reports that 30,000 people In April and May, in two separate cases, eight demonstrated in August in Vinh City, Nghệ asylum-seekers among groups intercepted en An province. route to Australia and forcibly returned to Viet Nam were sentenced to between two and LAND DISPUTES four years’ imprisonment under Article 275 of In July, a demonstration of around 400 ethnic the Penal Code for “organizing and/or minority Ede villagers in Buôn Ma Thuột, Đắk coercing other persons to flee abroad or to Lắk province protesting against the sale of stay abroad illegally”.10 100 hectares of the community’s ancestral land to a private company was violently RIGHT TO AN ADEQUATE STANDARD repressed by security forces; at least seven OF LIVING demonstrators were arrested and held in An ecological disaster in early April killed incommunicado detention.7 huge numbers of fish stocks along the coast In August, land activist Cấn Thị Thêu was of Nghệ An, Hà Tĩnh, Quảng Bình, Quảng Trị convicted under Article 245 of “causing and Thừa Thiên-Huế provinces, affecting the public disorder” by a court in the capital Ha livelihoods of 270,000 people. After a two- Noi and sentenced to 20 months’ month investigation, the authorities imprisonment.8 She was accused of inciting confirmed allegations by the public that a protests against reclamation of land in Hà steel plant owned by the Taiwanese Formosa Đông district, Ha Noi, by posting photographs Plastics Group had caused toxic waste online. discharges. At the end of June, Formosa publicly acknowledged responsibility and TORTURE AND OTHER ILL-TREATMENT announced that it would provide Torture and other ill-treatment, including compensation of US$500 million. In October, incommunicado detention, prolonged solitary a court in Hà Tĩnh rejected 506 cases filed by confinement, beatings, withholding of those affected. The plaintiffs were calling for medical treatment, and punitive transfers increased compensation in damages for the between facilities were practised on prisoners impact on their livelihoods. of conscience throughout the country.9 At least 88 prisoners of conscience were held in DEATH PENALTY harsh conditions after unfair trials, some of Death sentences continued to be imposed, whom were subjected to beatings, prolonged including for drug-related offences. Official

Amnesty International Report 2016/17 399 statistics remained classified as a state curtailed the rights to freedom of secret. Death sentences were reported in the expression, association and peaceful media. There was no available information assembly in areas they controlled, arbitrarily about executions. arresting critics and opponents, including journalists and human rights defenders, forcing NGOs to close. They subjected some 1. Viet Nam: Crackdown on human rights amidst Formosa related activism (ASA 41/5104/2016) detainees to enforced disappearance and to

2. Viet Nam: Convictions of Nguyễn Hữu Vinh and Nguyễn Thị Minh torture and other ill-treatment. Women and Thúy are an outrageous contravention of freedom of expression (ASA girls continued to face entrenched 41/3702/2016) discrimination and other abuses, including 3. Ending torture of prisoners of conscience in Viet Nam (News story, 12 forced marriage and domestic violence. The July) death penalty remained in force; no 4. Viet Nam: Vietnamese human rights blogger arrested (ASA information was publicly available on death 41/4979/2016) sentences or executions. 5. Viet Nam: Detained pastor on hunger strike since 8 August (ASA 41/4759/2016) BACKGROUND 6. Viet Nam: Government cracks down on peaceful demonstrations with The armed conflict between the range of rights violations, including torture and other ill-treatment (ASA 41/4078/2016) internationally recognized government of President Hadi, supported by a Saudi Arabia- 7. Viet Nam: Minority group’s protest met with violence (ASA 41/4509/2016) led international coalition, and the Huthi armed group and allied forces, which 8. Viet Nam: Failing to uphold human rights as land rights activist sentenced to 20 months in prison (ASA 41/4866/2016) included army units loyal to former President 9. Prisons within prisons: Torture and ill-treatment of prisoners of Ali Abdullah Saleh, continued to rage conscience in Viet Nam (ASA 41/4187/2016) throughout the year. The Huthis and forces 10. Viet Nam: Imprisonment of asylum-seeker forcibly returned by allied to former President Saleh continued to Australia would be unlawful and could be disastrous for her young control the capital, Sana’a, and other areas. children (ASA 41/4653/2016) President Hadi’s government controlled southern parts of Yemen including the governorates of Lahj and Aden. YEMEN The armed group al-Qa’ida in the Arabian Peninsula (AQAP) continued to control parts Republic of Yemen of southern Yemen and to carry out bomb Head of state: Abd Rabbu Mansour Hadi attacks in Aden and in the port city of al- Head of government: Ahmed Obeid bin Daghr (replaced Mukallah, which government forces Khaled Bahah in April) recaptured from AQAP in April. US forces continued to target AQAP forces with missile All parties to the continuing armed conflict strikes. The armed group Islamic State (IS) committed war crimes and other serious also carried out bomb attacks in Aden and al- violations of international law with impunity. Mukallah, mostly targeting government The Saudi Arabia-led coalition supporting officials and forces. the internationally recognized Yemeni According to the Office of the UN High government bombed hospitals and other Commissioner for Human Rights, 4,125 civilian infrastructure and carried out civilians, including more than 1,200 children, indiscriminate attacks, killing and injuring had been killed and more than 7,000 civilians. The Huthi armed group and forces civilians wounded since the conflict began in allied to it indiscriminately shelled civilian March 2015. The UN Office for the residential areas in Ta’iz city and fired Coordination of Humanitarian Affairs (OCHA) artillery indiscriminately across the border reported that more than 3.27 million people into Saudi Arabia, killing and injuring had been forcibly displaced in the conflict by civilians. Huthi and allied forces severely October and nearly 21.2 million people, 80%

400 Amnesty International Report 2016/17 of the population, relied on humanitarian and their allies also continued to lay assistance. internationally banned anti-personnel In April, UN-sponsored peace negotiations landmines that caused civilian casualties, between the parties to the conflict began in and to recruit and deploy child soldiers. In Kuwait, accompanied by a brief lull in June, the UN Secretary-General reported that hostilities. Fighting intensified after the the Huthis were responsible for 72% of 762 negotiations collapsed on 6 August. On 25 verified cases of recruitment of child soldiers August, US Secretary of State John Kerry during the conflict. announced a “renewed approach to In Sana’a and other areas they controlled, negotiations”; this had produced no clear the Huthis and their allies arbitrarily arrested outcome by the end of the year. and detained critics and opponents as well as Huthi and allied forces appointed a 10- journalists, human rights defenders and member Supreme Political Council to rule members of the Baha’i community, Yemen, which in turn appointed former Aden subjecting scores to enforced disappearance. Governor Abdulaziz bin Habtoor to lead a Many arrests were carried out by armed men government of “national salvation”. In belonging to Ansarullah, the Huthi political September, President Hadi ordered the wing, at homes, workplaces, checkpoints or Central Bank to move from Sana’a to Aden, public venues such as mosques. Such deepening the fiscal crisis caused by the arrests were carried out without judicial depletion of its reserves and the warrant or stated reasons, and without humanitarian crisis by curtailing the ability of disclosing where those arrested were being the de facto Huthi administration in Sana’a to taken or would be held. import essential food, fuel and medical Many detainees were held in unofficial supplies. locations such as private homes without being told the reason for their imprisonment ARMED CONFLICT or allowed any means to challenge its legality, Violations by armed groups including access to lawyers and the courts. Huthi and allied forces, including army units Some were subjected to enforced loyal to former President Saleh, repeatedly disappearance and held in secret locations; carried out violations of international Huthi authorities refused to acknowledge humanitarian law, including indiscriminate their detention, disclose any information and disproportionate attacks. They about them or allow them access to legal endangered civilians in areas they controlled counsel and their families. Some detainees by launching attacks from the vicinity of were subjected to torture or other ill- schools, hospitals and homes, exposing treatment. In February, one family reported residents to attacks by pro-government seeing guards beat their relative at the forces, including aerial bombing by the Saudi Political Security Office detention facility Arabia-led coalition. They also in Sana’a. indiscriminately fired explosive munitions that Anti-Huthi forces and their allies led a affect a wide area, including mortars and campaign of harassment and intimidation artillery shells, into residential areas against hospital staff, and endangered controlled or contested by opposing forces, civilians by stationing fighters and military particularly in Ta’iz city, killing and injuring positions near medical facilities, particularly civilians. By November, Huthi and allied during fighting in the southern city of Ta’iz. At forces had reportedly carried out at least 45 least three hospitals were shut down due to unlawful attacks in Ta’iz, killing and injuring threats against their staff. scores of civilians. One attack on 4 October The Huthis and their allies also curtailed killed 10 civilians, including six children, and freedom of association in areas under their injured 17 others in a street near the Bir de facto administration. Basha market, the UN reported. The Huthis

Amnesty International Report 2016/17 401 injured 24 others, according to the UN. On 8 Violations by the Saudi Arabia-led coalition October, a coalition air strike killed more than The international coalition supporting 100 people attending a funeral gathering in President Hadi’s government continued to Sana’a and injured more than 500 others. commit serious violations of international The coalition initially denied responsibility for human rights and humanitarian law with the 8 October attack but admitted liability impunity. The coalition’s partial sea and air after it was condemned internationally, and blockade further curtailed the import of food said the attack had been based on “incorrect and other necessities, deepening the information” and that those responsible humanitarian crisis caused by the conflict, would be disciplined. and prevented commercial flights to Sana’a. Coalition forces also used imprecise Coalition aircraft carried out bomb attacks munitions in some attacks, including large on areas controlled or contested by Huthi bombs made in the USA and the UK that forces and their allies, particularly in the have a wide impact radius and cause Sana’a, Hajjah, Hodeidah and Sa’da casualties and destruction beyond their governorates, killing and injuring thousands immediate strike location. The coalition of civilians. Many coalition attacks were forces also continued to use cluster directed at military targets, but others were munitions made in the USA and the UK in indiscriminate, disproportionate or directed attacks in Sa’da and Hajjah governorates against civilians and civilian objects, although such munitions were widely including funeral gatherings, hospitals, prohibited internationally because of their schools, markets and factories. Some inherently indiscriminate nature. Cluster coalition attacks targeted key infrastructure, munitions scattered explosive bomblets over including bridges, water facilities and a wide area and presented a continuing risk telecommunication towers. One attack in because of their frequent failure to detonate August destroyed the main road bridge on initial impact. In December the coalition between Sana’a and Hodeidah. Some admitted that its forces had used UK- coalition attacks amounted to war crimes. manufactured cluster munitions in 2015 and In August, the humanitarian NGO stated that it would not do so in the future. Médecins Sans Frontières (MSF) said it had lost “confidence in the Coalition’s ability to IMPUNITY avoid such fatal attacks”. MSF withdrew its All parties to the armed conflict committed staff from six hospitals in northern Yemen serious violations of international law with after coalition aircraft bombed an MSF- impunity. The Huthis and their allies took no supported hospital for the fourth time in a steps to investigate serious violations by their year, killing 19 people and injuring 24. In forces and hold those responsible to account. early December, the Joint The National Commission of Inquiry, Incidents Assessment Team (JIAT) created by established by President Hadi in September the Saudi Arabia-led coalition to investigate 2015, had its mandate extended for another alleged violations by its forces concluded that year in August. It conducted some the strike was an “unintentional error”. The investigations but lacked independence and JIAT public statement contradicted MSF’s impartiality; it was unable to access large own investigations which found that the parts of the country, and focused almost incident was not the result of an error, but entirely on violations by the Huthis and their rather of hostilities conducted “with disregard allies. for the protected nature of hospitals and The JIAT created by the Saudi Arabia-led civilian structures”. coalition to investigate alleged violations by its On 21 September a coalition air strike on a forces was also seriously flawed. It did not residential area of Hodeidah city killed 26 disclose details of its mandate, methodology civilians, including seven children, and or powers, including how it determines which

402 Amnesty International Report 2016/17 incidents to investigate, conducts to the conflict of violating international human investigations, or verifies information; nor rights law and international humanitarian law. what status its recommendations carry either In June, the UN Secretary-General with coalition commanders or member states. removed the Saudi Arabia-led coalition from an annual list of states and armed groups LACK OF HUMANITARIAN ACCESS that violate the rights of children in armed All parties to the conflict exacerbated the conflict after the Saudi Arabian government suffering of civilians by restricting the threatened to cease funding key UN provision of humanitarian assistance. Huthi programmes. forces and their allies continued to curtail the In August, the UN High Commissioner for entry of food and vital medical supplies into Human Rights called for the establishment of Ta’iz, Yemen’s third most populous city, an “international, independent body to carry throughout the year, exposing thousands of out comprehensive investigations in Yemen”. civilians to further suffering. Elsewhere, However, the UN Human Rights Council humanitarian workers accused Huthi security resolved in September that the High officials of imposing arbitrary and excessive Commissioner would continue providing restrictions on their movement of goods and technical support to the National Commission staff, seeking to compromise the established in 2015 and allocate additional independence of aid operations, and forcibly international experts to their Yemen office. closing some humanitarian aid programmes. Humanitarian aid workers accused the WOMEN’S AND GIRLS’ RIGHTS Saudi Arabia-led coalition of hampering the Women and girls continued to face delivery of humanitarian assistance by discrimination in law and in practice and imposing excessively burdensome were inadequately protected against sexual procedures that required them to inform the and other violence, including female genital coalition of their planned operations in mutilation, forced marriage and other abuses. advance, in order to avoid possible attack. DEATH PENALTY INTERNALLY DISPLACED PEOPLE The death penalty remained in force for The armed conflict caused massive civilian many crimes; no information was publicly displacement, particularly in the Ta’iz, Hajjah available about death sentences or and Sana’a governorates. In October, the UN executions. Office for the Coordination of Humanitarian Affairs reported that some 3.27 million people, half of them children, were internally displaced within Yemen, an increase of more ZAMBIA than 650,000 since December 2015. Republic of Zambia Head of state and government: Edgar Chagwa Lungu INTERNATIONAL SCRUTINY The UN Panel of Experts on Yemen released its final report on 26 January. The Panel A contested presidential election was concluded that all parties to the conflict had marked by increased political violence. The repeatedly attacked civilians and civilian authorities used the Public Order Act to objects, documenting “119 coalition sorties repress the rights to freedom of expression, relating to violations of international assembly and association; the police used humanitarian law”, including many that excessive force to disperse meetings of “involved multiple air strikes on multiple opposition parties. The authorities cracked civilian objects”. A subsequent report to the down on independent media outlets and UN Security Council by a new Panel of harassed journalists. In April, there was a Experts, leaked in August, accused all parties

Amnesty International Report 2016/17 403 wave of xenophobic violence against foreign and seditious practices following a brief nationals. meeting with party supporters at a village in Mpongwe District.1 They were released on BACKGROUND bail pending trial in October. Edgar Chagwa Lungu was returned as President in an election on 11 August which FREEDOM OF EXPRESSION saw increased tension and violence, primarily On 21 March, Eric Chanda, leader of the between members of the ruling Patriotic Fourth Revolution political party, was arrested Front and the opposition United Party for and charged with defaming the President National Development (UPND). The election in 2015. was held under a new Constitution On 20 June, the printing presses of The promulgated on 5 January following a Post newspaper were seized by the tax controversial process. authorities and its operations shut down. On The UPND questioned the independence 27 June, police beat and arrested editor-in- of the judiciary after a UPND petition was chief Fred M’membe and his wife Mutinta dismissed without being heard by three Mazoka-M’membe, and deputy managing- Constitutional Court judges who took the editor Joseph Mwenda. The charges against decision without involving two other them included breaking into The Post Constitutional Court judges. building. A constitutional referendum held on 11 On 22 August, the Zambian Independent August at the same time as the general Broadcasting Authority (IBA) suspended the election failed to gain the votes required to licences of three independent broadcasters – amend the country’s bill of rights. Muvi TV, Komboni Radio and Radio Itezhi. In April, there was a wave of xenophobic Four Muvi TV media workers − John violence against foreign nationals in Nyendwa, Mubanga Katyeka, Joe Musakanya Zingalume and George Compounds following and William Mwenge – who had reported for allegations of ritual killings. Shops belonging work were arrested and charged with criminal to Rwandan and Zimbabwean nationals were trespass. The licences were subsequently looted. Two Zambian nationals were burned reinstated. to death in the xenophobic attacks. The Despite the reinstatement of Komboni alleged perpetrators were arrested and Radio’s licence, on 5 October the station’s convicted of murder. director, Lesa Kasoma Nyirenda, was beaten The Global Hunger Index of 2016 ranked by six armed policemen who prevented her Zambia as the third hungriest country in the from accessing the premises. She was also world, with nearly half of the population charged with assaulting a police officer. undernourished. CHILDREN’S RIGHTS FREEDOM OF ASSEMBLY In March the UN Committee on the Rights of The authorities used the Public Order Act, the Child issued its concluding observations enacted in 1955, selectively; they arbitrarily on Zambia. The Committee expressed restricted the right to freedom of assembly for concern that vulnerable children were being opposition political parties. Police used denied equal access to a range of services excessive force to disperse crowds. On 8 including health and education. Under-five July, police used live ammunition to disperse and infant mortality rates remained high protesters in Chawama Township in the while adolescents lacked access to adequate capital Lusaka, killing Mapenzi Chibulo, a reproductive health services and information. young woman UPND supporter. The Committee also highlighted the On 5 October, UPND leaders Hakainde imposition of primary school fees and the Hichilema and Geoffrey Mwamba were high dropout rates for girls due to arrested and charged with unlawful assembly

404 Amnesty International Report 2016/17 discriminatory traditional attitudes and the exclusion of pregnant girls. FREEDOM OF EXPRESSION The government sought to stifle critical reporting in the privately owned media. 1. Zambia: Drop sedition charges against opposition leaders (Press release, 19 October) In January, the Permanent Secretary of the Ministry of Media, Information and Broadcasting Services (MIMBS), George Charamba, threatened the privately owned ZIMBABWE media with arrests if they reported on factional strife within ZANU-PF. His Republic of Zimbabwe comments followed the arrest in January of Head of state and government: Robert Gabriel Mugabe three members of staff of Newsday: Nqaba Matshazi, deputy editor; Xolisani Ncube, a Activists and human rights defenders reporter; and Sifikile Thabete, the legal mobilized to hold the government to assistant. The two journalists were charged account for increasing corruption, with publishing falsehoods. At the end of the unemployment, poverty and inequality. In year, their trial was pending a decision by the the face of increasing activism, the Constitutional Court on the validity of the law authorities intensified the crackdown on used to arrest them. government critics, imposing blanket bans In February, while attending World Radio on protest in central Harare, the capital, Day commemorations, Anywhere and detaining journalists and activists, Mutambudzi, Director of Urban some of whom were tortured. Communications within the MIMBS, threatened to clamp down on community BACKGROUND radio initiatives, accusing them of operating A report by the Zimbabwe Vulnerability illegally. The government has failed to license Assessment Committee released in July a single community radio station since the stated that approximately 4.1 million people enactment of the Broadcasting Services Act would experience food insecurity between (2001). January and March 2017 following a drought caused by El Niño. Journalists Cash shortages left the government Journalists faced harassment, arrest and struggling to pay civil servants their monthly assault while covering protests. The Media salaries, leading to government proposals to Institute of Southern Africa (MISA) recorded introduce bond notes. The fear of bond notes assaults on 32 journalists between January becoming a worthless currency and returning and September. the country to the unpopular period of Paidamoyo Muzulu, a Newsday journalist, hyperinflation similar to 2008 sparked was arrested and detained in June together continuous protest up to December. with 15 other activists who were holding a In June, the government introduced protest vigil in Africa Unity Square in Harare. Statutory Instrument SI64 in a desperate bid He was charged with robbery and obstructing to curb cheap imports and promote domestic or defeating the course of justice. The manufacturing, sparking protests by those activists were charged with robbery and opposed to the measure. resisting arrest. All were released on bail Tensions in the ruling Zimbabwe African pending trial at the end of the year. National Union – Patriotic Front (ZANU-PF) Five journalists were arrested while party continued to affect the functioning of covering demonstrations against the Vice- government. President’s lengthy stay in the five star Rainbow Towers Hotel. They were detained

Amnesty International Report 2016/17 405 for six hours before being released without In August, in response to the rising charge. discontent expressed on social media, the Freelancer Godwin Mangudya and three authorities introduced a draft bill on Alpha Media Holding (AMH) journalists – Computer and Cyber Crimes to curb anti- Elias Mambo, Tafadzwa Ufumeli and Richard government criticism. The bill had not Chidza – were briefly detained at the become law by the end of the year. Marimba police station for covering protests During a national stay-away on 6 July in in the suburb of Mufakose on 6 July. Police protest against corruption, fronted by the officers released them after ordering them to social media movement #ThisFlag, social delete images of the protests. media apps such as WhatsApp were shut Mugove Tafirenyika, a journalist with the down by the government. Daily News, was assaulted at the ZANU-PF headquarters by party supporters on 27 July REPRESSION OF DISSENT while covering a war veterans’ meeting. Activists and human rights defenders were On 3 August, seven journalists – Lawrence subjected to intimidation, harassment and Chimunhu and Haru Mutasa of Al Jazeera, arrests by the authorities and the youth wing and Tsvangirayi Mukwazhi, Christopher of the ruling ZANU-PF party with impunity. Mahove, Tendayi Musiya, Bridget Mananavire In July alone, 332 people were arrested in and Imelda Mhetu – were assaulted by police connection with anti-government protests. while covering demonstrations against Hundreds were arrested across the country government plans to introduce bond notes. for participating in demonstrations organized All seven were released without charge. by the National Electoral Reform Agenda On 24 August, freelance journalist Lucy (NERA), a coalition of 18 political parties Yasin was assaulted by riot police while campaigning for electoral reform. Organizers covering a march by the opposition of the protests were assaulted the night Movement for Democratic Change (MDC-T) before the demonstrations. and Tendai Mandimika, a freelance journalist, During celebrations of Independence Day was arrested and charged with public in April, state security agents brutally violence. assaulted and arrested Patson Dzamara for On 31 August, Crispen Ndlovu, a staging a one-man demonstration by raising a Bulawayo-based freelance photojournalist, placard in front of President Mugabe. He was was arrested and assaulted by riot police for protesting the abduction and disappearance taking pictures of police as they assaulted of his brother, Itai Dzamara, in March 2015. Alfred Dzirutwe in Bulawayo. He was charged Patson Dzamara was later released without with criminal nuisance and beaten up in a charge. However, in November, he was truck and later admitted to a private hospital abducted by armed men shortly before an for treatment of the injuries sustained. anti-government protest and severely beaten. In August, security and intelligence officers About 105 people were arrested and dressed in military attire made several visits charged with public violence when workers to Trevor Ncube, the publisher of Alpha on commuter omnibuses went on strike on 4 Media Holdings (AMH), in a clear attempt to July in Bulawayo and Harare and barricaded intimidate him. roads with stones and burning tyres. They were later released on bail. Social media Evan Mawarire, leader of the #ThisFlag The authorities attempted to stifle social movement, was arrested by police on 12 July media. and charged with inciting public violence. In April, President Mugabe threatened to While in court, the state changed the charges introduce laws to restrict access to the to “subverting a constitutionally elected internet. government”. He was released after the magistrate ruled the change of charges illegal

406 Amnesty International Report 2016/17 and unconstitutional. However, Evan They were charged with criminal nuisance Mawarire left the country in July following and fined US$10. continued state persecution. In August, pictures emerged of a 62-year- TORTURE AND OTHER ILL-TREATMENT old woman, Lillian Chinyerere Shumba, being Activists reported cases of attempted brutally beaten by riot police outside the abductions by unidentified armed groups Harare Magistrates’ Court. The authorities often linked to state security forces. These also arrested Sten Zvorwadza, Chairperson of took place either during the night or just the National Vendors Union of Zimbabwe before a planned demonstration. Some of (NAVUZ), and Promise Mkwananzi, those abducted and taken to ZANU-PF spokesperson for the Tajamuka/Sesjikile headquarters were subjected to torture (“We’ve had enough”), campaign, and including sexual violence. charged them with inciting public violence. On 13 September, Silvanos Mudzvova, a The unprecedented clampdown on former well-known actor, director and activist and allies of ZANU-PF intensified following the member of Tajamuka/Sesjikile, was abducted publication of a communiqué by the from his home at night by six armed men Zimbabwe National Liberation War Veterans alleged to be state security agents. He was Association renouncing President Mugabe’s blindfolded and taken to an area near Lake leadership and blaming him for the Chivero where he was tortured. He was deteriorating economic situation. Police injected with an unknown substance and left arrested five war veterans and charged them for dead. He required hospital treatment for with undermining the authority of or insulting the serious injuries sustained, which included the President in contravention of section abdominal trauma, and was still recovering at 33(2) of the Criminal Law Act. All five were the end of the year. released on bail and their trials were Unidentified men travelling in five vehicles indefinitely postponed at the end of the year. abducted Kudakwashe Kambakunje, NAVUZ Chairperson for the Central Business District, FREEDOM OF ASSOCIATION on 27 September in Harare. He was later President Mugabe launched an attack on the found 22km outside the city, badly wounded. judiciary following significant judgments that He had been severely beaten and injected upheld the right to protest. He criticized the with an unknown substance. country’s judges, labelling them “reckless” In September, pictures emerged of serious and warning them not to be negligent. lacerations sustained by Esther Mutsiru and In September, in response to an increasing Gladys Musingo while in police custody in number of demonstrations, police imposed a Harare. The women had been detained and two-week ban on protests in Harare Central tortured after participating in a NERA District under Statutory Instrument 101 A. demonstration. However, a High Court judge lifted the ban, Activist and public relations officer for the declaring it to be unconstitutional.1 Rural Teachers’ Union of Zimbabwe Ostallos On 16 September, police imposed a one- Siziba was abducted on 26 August in the month ban on protests in central Harare lead-up to the NERA demonstrations. He was under Government Notice No.239 A of 2016. taken to ZANU-PF headquarters where he An appeal to set aside this ban was was severely beaten. He stated that his dismissed by the courts.2 abductors tried to force him to have sex with On 29 September, three students at the an elderly woman, but he refused. He was University of Zimbabwe – Tonderai Dombo, later handed over to Harare Central Police Andile Mqenqele and Zibusiso Tshuma – station, charged with public violence and were arrested for raising placards in front of released on bail. President Mugabe demanding jobs during the university’s annual graduation ceremony.

Amnesty International Report 2016/17 407 Nyikavanhu Housing Cooperative without CONSTITUTIONAL AND LEGAL following due process, including consultation DEVELOPMENTS and adequate notice. The demolitions took In January the Constitutional Court outlawed place after President Mugabe ordered the child marriage by setting a minimum age for relocation of the settlers. marriage at 18 years. In February, the Constitutional Court ruled 1. Zimbabwe: Allow public demonstrations as per court ruling (News the criminal defamation law to be invalid and story, 7 September) unconstitutional. 2. Zimbabwe: Court ruling upholding police ban on protests must be rescinded (News story, 5 October) DEATH PENALTY In its report to the UN Universal Periodic Review (UPR), the government revealed that 10 death row inmates had been pardoned during the year after they requested clemency. RIGHT TO HEALTH In January, following its review of Zimbabwe’s second periodic report, the UN Committee on the Rights of the Child noted the negative impact of the severe economic decline on the delivery of services to children. The Committee expressed serious concern about the high rates of maternal, neonatal and child mortality; malnutrition among children under the age of five; and the significant number of deaths of children under five owing to inadequate sanitation and the lack of clean drinking water. In the context of continuing widespread food insecurity, particularly among poor households in the south of the country, the Zimbabwe Human Rights Commission criticized the government for partisan distribution of food aid and agricultural subsidies in five districts. CHILDREN’S RIGHTS The UN Committee on the Rights of the Child expressed extreme concern about the high rate of sexual violence experienced by adolescent girls as well as early pregnancy and child marriage and its correlation with the school dropout rate of adolescent girls. HOUSING RIGHTS On 21 January, Harare City Council demolished over 100 houses in Arlington Estate belonging to members of the

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