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AMNESTY INTERNATIONAL

Amnesty International is a movement of 10 million people which mobilizes the humanity in everyone and campaigns for change so we can all enjoy our human . Our vision is of a world where those in power keep their promises, respect international and are held to account. We are independent of any government, political , economic interest or and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. Amnesty International is impartial. We take no position on issues of sovereignty, territorial disputes or international political or legal arrangements that might be adopted to implement the right to self- determination. This report is organized according to the countries we monitored during the year. In general, they are independent states that are accountable for the situation on their .

First published in 2021 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is International’s work and House, licensed under a concerns through 2020. 1, Easton Street, CreativeCommons (attribution, The absence of an entry in this WC1X 0DW non-commercial, no derivatives, report on a particular country or international 4.0) licence. territory does not imply that no https://creativecommons.org/ © Amnesty International 2021 human rights violations of licenses/by-nc-nd/4.0/legalcode concern to Amnesty International Index: POL 10/3202/2021 For more information please visit have taken place there during ISBN: 978-0-86210-501-3 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 2020/21 AMNESTY INTERNATIONAL REPORT 2020/21 THE STATE OF THE WORLD’S HUMAN RIGHTS iv Amnesty International Report 2020/21 CONTENTS ANNUAL REPORT 2020/21

Abbreviations 7 Czech 137 Preface 9 Democratic Republic of the Global Analysis 14 Congo 138 regional overview 18 Denmark 142 Americas regional overview 26 Dominican Republic 143 Asia-Pacific regional overview 34 145 and Central Asia regional 146 overview 41 El Salvador 151 and Equatorial 153 regional overview 49 155 58 156 Albania 61 157 62 158 65 161 68 162 70 163 72 166 73 168 74 Ghana 170 76 172 79 174 82 Guinea 176 86 Honduras 178 Benin 87 Hungary 180 Bolivia 89 182 91 186 93 190 94 195 99 199 101 and the Occupied 103 Palestinian 200 106 204 108 Japan 207 110 209 Central African Republic 113 212 115 214 Chile 117 Kosovo 217 119 218 Colombia 125 220 Congo (Republic of the) 129 222 Côte d'Ivoire 131 223 133 226 134 Libya 228 136 232

Amnesty International Report 2020/21 v Madagascar 233 Switzerland 343 236 345 237 349 239 350 241 352 243 355 247 357 Mongolia 249 Trinidad and Tobago 359 Montenegro 250 360 / 251 363 255 368 257 369 Nepal 260 372 262 376 New Zealand 263 United Kingdom 378 Nicaragua 264 of America 382 Niger 266 387 268 388 273 390 North Macedonia 275 Viet Nam 395 Norway 276 397 277 401 279 403 Palestine (State of) 282 Papua New Guinea 285 Paraguay 287 289 291 293 296 Puerto Rico 297 298 301 Russian 302 307 309 313 314 316 318 319 320 322 325 328 South 330 334 337 Sudan 340 342

vi Amnesty International Report 2020/21 ABBREVIATIONS

ASEAN ICCPR Association of Southeast Asian Nations International Covenant on Civil and Political Rights AU ICESCR International Covenant on Economic, Social CEDAW and Cultural Rights UN Convention on the Elimination of All Forms of 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, and CIA US Central Intelligence Agency NATO North Atlantic Organization COVID-19 Coronavirus disease-19 NGO Non-governmental organization ECOWAS Economic Community of West African States OAS Organization of American States EU OCHA Office for the Co-ordination of European Committee for the Prevention of Humanitarian Affairs European Committee for the Prevention of OHCHR Torture and Inhuman or Degrading Treatment Office of the United Nations High or Commissioner for Human Rights

European Convention on Human Rights OSCE (European) Convention for the Protection of Organization for Security and Co-operation in Human Rights and Fundamental Freedoms Europe

ICC PPE International Criminal Personal protective equipment

Amnesty International Report 2020/21 vii UK UNICEF United Kingdom United Nations Children’s Fund

UN UPR United Nations UN Universal Periodic Review

UN Convention against Torture USA Convention against Torture and Other Cruel, United States of America Inhuman or Degrading Treatment or Punishment WHO World Health Organization UN Convention Convention relating to the of

UN Special Rapporteur on extrajudicial executions UN Special Rapporteur on extrajudicial, summary or arbitrary executions

UN Special Rapporteur on extreme poverty UN Special Rapporteur on extreme poverty and human rights

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 Special Rapporteur on contemporary forms of racism, racial discrimination, 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 Special rapporteur on violence against women, its causes and consequences

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

viii Amnesty International Report 2020/21 PREFACE

In 2020, a mere cluster of molecules shook the whole world. Smaller than can be seen by the naked eye, a very local virus unleashed with marked rapidity a global pandemic. Whatever will be proven to be its precise genesis, the coronavirus (COVID-19) and its casualties flourished in part thanks to our global milieu of deeper, broader inequalities within and between countries. It has been made far worse by austerity policies that weakened public infrastructure and public health systems; by international architecture enfeebled in form, function and leadership. And it has been made far worse under pressure from leaders of states who demonize and exclude, asserting archaic constructs of state sovereignty and peddling rejectionist approaches to science, and universal norms. These are exceptional times. But have we risen to meet their challenge? Exceptional times oblige exceptional responses and demand exceptional leadership. In 2020, exceptional leadership came not from power, privilege, or profits. It came instead from nurses, doctors, and health workers on the frontlines of life- saving services. It came from those who cared for older people. It came from technicians and scientists running millions of tests and trials, frantically searching for vaccines. It came from those who, bunched together more often at the very bottom of the income scale, worked to feed the rest of us; who cleaned our streets; cared for the bodies of the hundreds of thousands of deceased; repaired our essential services; patrolled our streets; drove what remained of our public transport. In 2020, as so much of the world shut down, it was those people who stood up, who stood out. So too, those who stayed home in solidarity, if they had a home to live in, who maintained emotionally costly physical distance, and who cared for those around them. But underneath that heroism, pandemic times laid bare the devastating consequences of abuse of power, structurally and historically. The COVID-19 pandemic may not define who we are, but it certainly has amplified what we should not be. Seeing this clearly, again people stood up. They rose against inequality, they rose against violence targeted disproportionately against Black people, against minorities, poor, and homeless people. They rose against exclusion, patriarchy, and the hateful rhetoric and cruel conduct of supremacist leadership. The demands of the and #MeToo movements echoed the world over. Public protest against repression and inequality poured onto the streets from Belarus to Poland, Iraq to Chile, Hong Kong to Nigeria. So often, at risk to their own safety, it was the leadership of human rights defenders and social activists the world over that urged us on. At times we caught glimpses of exceptional political leadership, often from women leaders, who took bold and difficult decisions to protect lives, sustain health systems, make the investments needed for immediate solutions to be found at unprecedented speed, and issue economic support desperately needed by those whose livelihoods had all but disappeared.

Amnesty International Report 2020/21 ix But the pandemic also amplified the mediocre and mendacious, the selfish and the fraudulent, among the world’s political leaders. As I write this, the richest countries have effected a near-monopoly of the world’s supply of vaccines, leaving countries with the fewest resources to face the worst health and human rights outcomes and thus the longest-lasting economic and social disruption. And as people die in their millions, and millions more lose their livelihoods, what are we to make of the fact that top billionaires’ incomes have soared, that tech-giants’ profits have escalated, that the stock markets across the world’s financial centres have grown? Crucially, what are their proposals for shouldering their fair share of the pandemic burden; for ensuring an enduring fair and equitable recovery? In the early days of 2021, still their silence on this is unbroken. How can it be that, yet again, this time under a pandemic, the global economy has meant that those who had the least gave the most? 2020 revealed, too, the weakness of international co-operation: a crumbling multilateral system acquiescent to the most powerful and providing feebly for the weakest; a system unable when not unwilling to scale up global solidarity. China’s gross irresponsibility in the early days of the pandemic by suppressing crucial information was utterly catastrophic, while the US decision in the midst of the pandemic to withdraw from the World Health Organization (WHO) showed an egregious disregard for the rest of the world. Paltry half-measures – such as the G20 decision to suspend debt repayments for 77 countries in 2020 while demanding that the money be repaid with interest later – threatened to entrench structural inequalities and economic hardship in the pandemic recovery, with grave consequences potentially for millions of people’s economic and social rights. After years of magisterial failure, 2020 provided only further evidence that our global political institutions are not fit for the global purpose they should serve. The pandemic has cast a harsh light on the world’s inability to co-operate effectively and equitably at the onset of a low-probability, high-impact global event. Therefore, we can scarcely avoid a sense of impending peril as, looking ahead, we contemplate a crisis of an altogether grander scale for which there is no vaccine – namely the climate crisis. In 2020, millions of people suffered the catastrophic effects of extreme climate events. Disasters, exacerbated by global warming and climate instability, severely affected millions of people’s enjoyment of rights to life, food, health, housing, water, and sanitation, among others: from prolonged drought in sub-Saharan Africa and India to devastating tropical storms sweeping across Southeast Asia, the Caribbean, and the Pacific, to the catastrophic fires that afflicted California and Australia. And in reply? The commitment by developed countries, under the Agreement, to ensure at least US$100 billion worth of climate finance for developing countries by 2020 was simply not met. And States signally failed to put the commitments needed to meet the 2030 target of reducing global greenhouse gas emissions by half. A change of course is required to avert a rise in the global temperature of more than 1.5 C over pre-industrial levels that would trigger irreversible consequences.

x Amnesty International Report 2020/21 2020: 366 days that saw the fostering of lethal selfishness, cowardice, mediocrity, and toxic failures from xenophobia and racial hatred. 366 days that illustrated just how unchanged and how contemporary is the violent legacy of centuries of racism, patriarchy, and inequality. But 366 days that also gifted us rich sources of inspiration for our strength and resilience as a human family; days that showed people’s determination to stand up for their rights and for a fair and a just recovery from the pandemic. Exceptional times oblige exceptional responses and demand exceptional leadership. So what do we need to see, to create a world much more resilient to the huge challenges ahead of us? The foundations for a sustainable, post-pandemic global society rest not merely on recovery. It requires accountability, human rights, and a rethink and reformulation of our relationship to our habitat, environment and the economy. Immediately, authorities must work to accelerate production and delivery of vaccines for all. That is a most fundamental, even rudimentary, test of the world’s capacity for co-operation: to think globally, act locally, and to plan for the long-term. This includes supporting a waiver to the TRIPS agreement that will allow for much-needed expanded production of COVID-19 health products and ensuring pharmaceutical companies share their innovations and technology through open and non- exclusive licences and initiatives such as the WHO’s COVID-19 Technology Access Pool (C-TAP). Beyond that first step, recovery that “builds back better” will demand more than a reboot. It requires a reset that addresses the root causes of the crisis by protecting and respecting rights, indivisibly and universally. Firstly, it requires an end to governments’ agenda towards increasing “security” which, since 9/11, has driven a widespread suppression of that has even expanded during the pandemic. That agenda, lending the false hue of normality to extraordinary and policing powers, now risks becoming permanent. It must be dismantled. Secondly, fair and sustainable recovery demands resetting the world’s public taxation regimes. Adequate taxation is a must to mobilize the resources needed to fulfil economic and social rights including our rights to health, education, and social security. Fair and human rights-compliant taxation of transnational profits will be key, as will be concerted efforts to end tax evasion and aggressive tax avoidance. States should put in place a new fossil fuel tax on the components of energy companies’ profits and payments to shareholders derived from their fossil fuel business, in order to push shareholders and companies to move to renewable energy, and without imposing the burden on consumers. Short-sighted decision-making has no place in a post-pandemic society. So long as under-regulated, speculative, hyper-acquisitive investment in carbon- intensive assets dominates the global economy, the climate crisis will only deepen, carrying in its path multiple violations and accelerating us towards an irreversible singularity that imperils the very existence of the human family. Thirdly, we must confront the reality that the sovereign acting on its own for its own, is no better equipped to address these global challenges than is a bicycle handbrake to halt a passenger jet. Reforming global governance and repurposing global institutions to strengthen and enable delivery on human rights is preconditional to robust

Amnesty International Report 2020/21 xi recovery. We cannot accept the “pick and choose” approach adopted by some states, who take their preferred cherries from the global governance cake while leaving behind the “inconvenient” ingredients of human rights, accountability, and transparency. Fit-for-purpose global governance requires global scrutiny of how the international norms and standards of human rights are implemented for the prevention of and against humanity; of abuse of power and corruption; of ruthless censorship and suppression of dissent; and of discrimination, brute force and torture by those whose job it is to protect us. The innovation, creativity and inventiveness that we need to find our way to sustainable resilient recovery demand that our freedoms be upheld, defended and protected, not curtailed. Global governance will not be fit for global purposes until and unless, systematic engagement with, valuing of, and respect for global civil society are woven deep into its operations. We must demand that. We must claim that. We must organize for that. And as civil society, we must ensure we are fit for that too. 2020 taught us, yet again, lessons that we ignore at the peril of generations to come: the interdependence of the human family; the universality of what “we, the peoples” require of governance in times of crisis, and just how indivisible is our own future from the future we are creating for our planet. It taught us again the essence, in other words, of human rights. The question that remains to be answered is: will we be bold enough to see what must be done and courageous enough to get on and do it, at scale and at pace? Agnès Callamard General

xii Amnesty International Report 2020/21 AMNESTY INTERNATIONAL REPORT 2020/21 GLOBAL ANALYSIS AND REGIONAL OVERVIEWS

GLOBAL ANALYSIS

During 2020 the world was rocked by COVID-19. The pandemic and some of the measures taken to tackle it had a devastating effect on the lives of millions, but also revealed, and sometimes aggravated, existing patterns of abuses and inequalities. Some had roots in discrimination based on race, gender and other grounds, which often intersected and rendered certain populations uniquely vulnerable. Those abuses and inequalities were spotlighted and vigorously challenged by people-powered movements such as Black Lives Matter and women’s rights campaigns, whose resilience led to a few hard-won victories. The pandemic threw into stark relief the human rights impact of years of political and financial crises and flaws in global systems of governance and co-operation, which some states exacerbated by shirking their responsibilities or attacking multilateral institutions. These dynamics were illustrated by trends in three areas: violations of the rights to life, health and social protection; gender-based violence and threats to sexual and ; and repression of dissent. Meanwhile, in both long-running and new conflicts, government forces and armed groups carried out indiscriminate and targeted attacks on civilians, killing thousands, and caused or prolonged mass displacement and humanitarian crises. Despite a few notable convictions for crimes and , in times of war and remained the norm and, in some countries, the was eroded. Millions of people suffered from disasters exacerbated by the climate crisis. The overall picture was of a world in disarray. However, by grounding measures aimed at recovery from the pandemic and other crises in human rights, leaders have an opportunity to resuscitate international co-operation and fashion a more just future. LIVES, HEALTH AND SOCIAL PROTECTION COVID-19 killed at least 1.8 million people worldwide in 2020. Health systems and social protection programmes, weakened by decades of underinvestment and a lack of preparedness, were ill-equipped to respond. Workers’ incomes were hit by rising unemployment and inactivity, while the number of people facing acute food insecurity doubled to 270 million. Governments failed to adequately protect health and other essential workers. Thousands lost their lives due to COVID-19 and many others were taken seriously ill due to shortages in personal protective equipment (PPE). Amnesty International documented allegations that state authorities harassed or intimidated health or other essential workers in the context of the pandemic in 42 out of the 149 countries it monitored; some faced reprisals, including arrest and dismissal, for raising concerns about safety or working conditions. Women health and care workers were particularly affected as they comprised 70% of the global workforce in the health and social sector, where they already experienced a significant gender pay gap. Some government measures to tackle COVID-19 had a discriminatory impact on marginalized groups. Lockdowns and curfews led to particularly high numbers of workers in the informal economy losing their incomes without recourse to adequate social protection. Since they dominated the sector, women and girls were disproportionately affected. Another measure, the introduction of online-only education without ensuring access to appropriate technology, disadvantaged many learners from marginalized groups. Women primarily bore the burden of homeschooling, as well as other unpaid care resulting from closures of public services, including looking after sick relatives.

14 Amnesty International Report 2020/21 Furthermore, COVID-19 worsened the already precarious situation of refugees and migrants, trapping some in squalid camps or facilities and leaving others stranded by border closures. In 42 of the 149 countries Amnesty International monitored, there were reports of refugees and migrants being subjected to refoulement. While some governments took steps to release detainees to curb the spread of COVID-19, overcrowding and unhygienic conditions in places of detention endangered inmates. Continuing forced evictions (Amnesty International recorded allegations of these in 42 out of the 149 countries it monitored) increased people’s exposure to the virus by making them homeless. In many countries, ethnic minorities and Indigenous peoples had disproportionately high rates of infection and death, due in part to pre-existing inequalities and lack of access to health care. Political and religious figures stigmatized marginalized groups, blaming them for spreading the virus. in some South Asian countries and LGBTI people in several African and European ones were among the targets. When COVID-19 was declared a pandemic, states consistently referred to the urgent need to contain, mitigate and defeat the pandemic while fully respecting human rights. While the World Health Organization’s (WHO) COVAX facility represented a positive global initiative aimed at ensuring more countries could access vaccines, it was undermined by the non-participation of and the USA, the hoarding of vaccines by rich countries and the failure of companies to share their intellectual . More than 90 countries introduced export restrictions affecting items including medical equipment, PPE, pharmaceutical products and food. Wealthy states also blocked adoption of a proposal at the World Trade Organization for a temporary waiver of rights for COVID-19 products that was designed to facilitate universal access. Disagreement in the UN Security Council between the USA and China over reference to the WHO delayed the passing of a resolution on a global to support the COVID-19 response for three months. While the G20 agreed a limited suspension of debt payments from the poorest countries, it fell far short of delivering its own stated aim of a co-ordinated large-scale response. To reaffirm international co-operation and meet their human rights obligations, all governments should ensure COVID-19 vaccines are available and accessible to everyone and make them at of care. They should also support the development of a global social protection fund grounded in human rights standards. Rich countries and international financial institutions should ensure that all states have the resources needed to respond to and recover from the pandemic, including through the suspension and cancellation of debt. GENDER-BASED VIOLENCE New to counter violence against women and girls passed in Kuwait, South Korea and Sudan. Some countries, including Croatia, Denmark, the Netherlands and Spain, took steps to improve their to make them consent-based. In several African countries there were unprecedented judicial developments aimed at ending impunity for rape and other in peace and conflict. The African Union looked set to a new regional treaty to combat violence against women. However, implementation of the Convention, the ’s equivalent, was obstructed in three member states. In practice, gender-based violence, including “” killings and -based, domestic and sexual violence, remained shockingly high worldwide and authorities generally failed to take adequate action to prevent it, prosecute perpetrators and grant survivors access to remedies. Some authorities themselves carried out violence by, for example, punishing women for perceived transgressions of Islamic law or subjecting men to anal testing amounting to torture. Long-standing discrimination in law and practice underpinned the violence and manifested itself in other ways. Amnesty International recorded allegations of LGBTI individuals being

Amnesty International Report 2020/21 15 arrested or taken into detention in 2020 because of their or in 24 out of the 149 countries it monitored. The situation was exacerbated by COVID-19 control measures. Support organizations across the world reported a marked increase in gender-based and ; many women and LGBTI people were confined with abusers under lockdown. Some governments took steps to assist survivors. However, many others classified support for them, including sexual and reproductive health and counselling services, as non-essential, leading to their suspension during lockdowns. Some jurisdictions categorized abortion care in the same way, disproportionately impacting marginalized groups. Others, on the contrary, adopted progressive policies such as allowing access to abortion pills through telemedicine to mitigate the risk of infection. In positive developments outside the context of the pandemic, abortion was decriminalized in Argentina, Northern Ireland and South Korea. Nevertheless, abortion remained criminalized in most countries in the Americas and a judicial decision further restricted access to it in one EU state. At the international level, UN states marked the 25th anniversary of the Declaration and Platform for Action by adopting a welcome political declaration to reaffirm commitments to advance women’s human rights and eliminate “all forms of violence and harmful practices against all women and girls”. However, they did not include any explicit reference to sexual and reproductive health and rights. Separately, some governments sought to undermine the existing consensus around women’s rights and by continuing attempts to remove “sexual and reproductive rights” from long-standing international commitments. Governments must take urgent concerted action to stop the backlash against the rights of women and LGBTI people and implement concrete measures to achieve gender justice. They must also translate global initiatives such as the Beijing Declaration and Platform for Action and the Women, Peace and Security agenda into concrete measures to eliminate gender-based violence, address its root causes, including discrimination, and guarantee sexual and reproductive health and rights for all. REPRESSION OF DISSENT Many governments repressed dissent and otherwise restricted civic space. In response to protests against unaccountable rulers, the erosion of social and economic rights and structural racism (such as those led by the Black Lives Matter movement), security forces misused firearms and less lethal weapons including tear gas, unlawfully killing hundreds and injuring many more. They also targeted human rights defenders, journalists and political opponents with intimidation and arbitrary detention. Some had exposed corruption or human rights violations. Some were pursued in the context of elections marred by credible allegations of or restrictions on basic freedoms. Women human rights defenders often faced additional risks due to their gender. In a few countries, particularly in Asia and the Middle East and North Africa, authorities prosecuted and even imprisoned human rights defenders and journalists using vaguely worded charges such as spreading misinformation, leaking state secrets and insulting authorities, or labelled them as “terrorists”. Some governments invested in digital surveillance equipment to target them. Some hamstrung the operations of human rights organizations, including Amnesty International. In Latin America and the Caribbean, which remained the most violent for human rights defenders, scores were killed by criminal groups in actions linked to the state or business interests. Some authorities in the Americas and the Middle East and North Africa issued legislation criminalizing commentary related to the pandemic and subsequently prosecuted people for spreading false news or obstructing government decisions. Others in Europe conflated the

16 Amnesty International Report 2020/21 public health crisis with national security concerns, rushing through national security legislation or bolstering, or threatening to bolster, surveillance capabilities. To enforce restrictions on assemblies during the pandemic, many governments imposed blanket bans on demonstrations or used unlawful force, particularly in Africa and the Americas. Furthermore, authorities punished those who criticized government actions on COVID-19, exposed violations in the response to it or questioned the official narrative around it, particularly in Asia and the Middle East and North Africa. Hundreds were detained arbitrarily and, in some cases, charged and prosecuted. In some countries, the government used the pandemic as a pretext to clamp down on unrelated criticism. At the international level, progress was made at the UN Human Rights Council to address human rights crises such as those in Libya, Venezuela and Yemen, by creating, maintaining and enhancing investigative mechanisms that could contribute to criminal prosecutions. UN member states failed, however, to deliver a credible response to repression of dissent and other patterns of grave human rights situations in countries including China, Egypt and India. Some governments fuelled the problems by continuing to sell crowd control equipment and munitions to states that were highly likely to use them to commit violations of in , as well as conflict, situations. Several flagrantly violated UN Security Council arms embargoes. International Criminal Court (ICC) investigations were opened on Afghanistan and continued on Myanmar/Bangladesh. Preliminary examinations were concluded on Nigeria and Ukraine, with the Prosecutor announcing her intention to seek investigations into alleged war crimes and crimes against humanity. The Prosecutor also sought a ruling on the scope of the ICC’s territorial jurisdiction in the Occupied Palestinian Territories, with a view to opening an investigation. However, powerful states continued to seek to block accountability for, and undermine collective responses to, other patterns of serious human rights violations. The USA imposed sanctions on employees of the ICC. UK obstructionism was a dominant factor in the Office of the Prosecutor’s regrettable decision not to open an investigation into allegations concerning the UK in Iraq. China and Russia attacked the international human rights framework and independent UN human rights monitors. Continuing political deadlock at the UN Security Council hamstrung its ability to respond in a timely and effective way to human rights crises. More broadly, various governments hampered the engagement of civil society actors with the UN through reprisals and intimidation. The UN’s human rights mechanisms and institutions also faced a funding and liquidity crisis caused by late or non-payment of contributions by member states. The challenges were compounded by the pandemic. To build a future where the institutions mandated to protect international law can effectively prevent, respond to and pursue accountability for repression of dissent and other patterns of grave human rights violations, all states should strengthen and fully finance the UN’s human rights mechanisms and institutions. They should also fully co-operate with the ICC on ongoing cases and call out political interference.

Amnesty International Report 2020/21 17 Meanwhile, elections were characterized by AFRICA REGIONAL widespread human rights violations. OVERVIEW ARMED CONFLICT AND ATTACKS ON CIVILIANS If there was ever a glimmer of hope that Conflicts with armed groups and attacks on 2020 would see a break in the cycle of civilians continued or escalated in most parts armed conflicts in Africa, continued of the region. Armed groups maintained a fighting in several war-torn countries foothold in and the Sahel region, dashed any cause for optimism. The 2013 attacking civilians in Burkina Faso, Mali, pledge by African leaders to “silence the Niger and Nigeria. In response, state security guns” by 2020 remained unrealized. forces also committed grave human rights Instead, the sound of gunfire grew louder, violations against civilians. In , claiming thousands of lives in the process. armed groups blighted many lives in Serious violations and abuses of Cameroon, the Central African Republic international humanitarian and human rights (CAR) and Chad. In Southern Africa, the long law remained common features of conflicts. simmering violence in Mozambique’s Cabo From the 10-year conflict in northeastern Delgado intensified, becoming a Nigeria to the newly erupted conflict in the full-blown armed conflict. The Great Lakes of Ethiopia, security forces, and Horn of Africa remained home to armed groups and committed protracted conflicts. In the Democratic atrocities with impunity. Republic of the Congo (DRC), Somalia, South The devastating impact of conflict was Sudan and Sudan, conflicts continued to compounded by the COVID-19 pandemic, as fester, albeit with varying degrees of intensity well as locust invasions and climatic shocks. and geographical coverage. A new conflict These converging factors took their toll on flared in the Tigray region of Ethiopia, a populations, revealing deep seated barriers country also plagued by communal violence. to, and structural fissures within, systems for Between February and April, governments the protection of human rights. The in Burkina Faso, Mali and Niger increased pandemic particularly exposed the deplorable military operations to fight armed groups. In conditions of public health care as well as the process, security forces committed inequalities in access to basic socio- serious human rights violations against economic rights. Meanwhile lockdowns and civilians, notably extrajudicial executions and curfews increased the risk of sexual and enforced disappearances. In Nigeria, other gender-based violence which targeted government forces launched indiscriminate women and girls while survivors struggled to attacks in the context of the conflict in the access , justice, and health care. On Northeast. In one such incident, at least 10 the positive side, there were some notable children and seven women were killed when advances in the protection of women and the bombed a in Borno girls from discrimination, ranging from the state. first ever conviction in Eswatini In Mozambique, by September, 1,500 to criminalization of female genital mutilation people had been killed in the conflict in the (FGM) in Sudan. Cabo Delgado province. While armed groups Governments used excessive force to beheaded civilians, burned houses, looted enforce COVID-19 and to break and abducted women and girls, up protests. The pandemic also served as a security forces arbitrarily detained, forcibly pretext for governments to escalate disappeared, tortured and extrajudicially crackdowns and the repression of dissent.

18 Amnesty International Report 2020/21 executed alleged armed groups members or on 9 November. This attack was carried sympathizers. out by local . In Somalia, the US military’s Africa In Niger, armed groups, including the Command (USAFRICOM) continued to use Islamic State in the Greater Sahara (ISGS), drones and manned aircrafts to carry out targeted civilians and humanitarian workers. more than 53 during the year. Two In June, 10 humanitarian workers were airstrikes in February killed two civilians and abducted by gunmen in Bossey Bangou in injured three others. In , the Tillabéry region while in August, seven sporadic clashes between parties to the humanitarian workers were killed by ISGS armed conflict continued. Soldiers looted members at the Kouré giraffe reserve. Similar civilians’ belongings, burned villages and violations were recorded in CAR where there destroyed , including hospitals, were 267 attacks against aid workers, churches and schools. resulting in two deaths. In Mali, attacks by In Burkina Faso, clashes between armed armed groups extended to UN personnel, two groups, and attacks against civilians, often of whom were killed. along ethnic lines, continued. Attacks and Al-Shabaab continued to target civilians killings by different armed groups took place and civilian infrastructure in Somalia. In in villages, and cattle markets in the August, it detonated a car bomb in a Northern, Sahel and Eastern regions of the beachside hotel in the capital, Mogadishu, country. In Mali, dozens of civilians were killing at least 11 people and injuring 18 killed by various armed groups, especially in others. In South Sudan, fighting between the central regions. Notably, in July, gunmen ethnic groups and clans surged, resulting in thought to be affiliated with the Group for the the killing of at least 600 people and 450 Support of and Muslims, attacked injuries and the displacement of thousands several villages in the Tori and Diallassagou more. communes, killing at least 32 civilians. In All parties to armed conflicts should Nigeria, was responsible for immediately end indiscriminate or targeted more than 420 civilian deaths and continued attacks on civilians, non- or to recruit child soldiers and abduct women civilian infrastructure. The African Union and girls. (AU), the UN and member states need to The crisis in the Anglophone region of enhance pressure for protection of civilians Cameroon continued unabated. Separatist and respect of international law during armed groups targeted people perceived as conflicts. government supporters. A new low in October saw gunmen kill eight school children and injure several others in the South-West IMPUNITY region. In the Far North region, the armed Impunity for crimes under international law group Boko Haram continued to carry out and other serious human rights violations and hundreds of attacks targeting civilians. abuses remained pervasive. In conflict Inter-communal violence intensified in countries, the pursuit of justice presented a Ethiopia. In November, at least 54 people mixed picture of progress undercut by from the Amhara in Gawa retrogressive steps taken by governments. Qanqa village in Guliso of West CAR’s criminal court of Bangui convicted Welega Zone were killed in an attack by five leaders of the armed group Anti-Balaka suspected members of the Oromo Liberation of war crimes and crimes against humanity in Army, an armed group. In the same month, February while the Special Criminal Court an armed conflict erupted in the Tigray region confirmed in September that 10 cases were and scores of ethnic-Amhara residents, likely under investigation. Yet several armed group hundreds, were massacred in Mai-Kadra leaders continued to hold roles in

Amnesty International Report 2020/21 19 government while their members committed Developments connected to the 1994 human rights abuses. genocide in Rwanda included the arrest, in In DRC, the North-Kivu operational military France during May, of Félicien Kabuga, court sentenced Ntabo Ntaberi alias Sheka, suspected chief financier of the genocide, leader of the militia group Nduma Defence of and his transfer in October to the custody of Congo, to life for crimes the International Residual Mechanism for against civilians in North-Kivu between 2007 Criminal (IRMCT) in The Hague. and 2017. Charges included rape of some Also in May, the IRMCT’s Chief Prosecutor 400 women, men and children in 2010. confirmed that Augustin Bizimana, indicted In South Sudan, civilian and military by the International Criminal for convicted several soldiers of conflict-related Rwanda in 2001 for genocide, had died in sexual violence. At the same time, there was 2000 in the Republic of the Congo. no discernible action to establish the Hybrid African governments must re-commit to the Court for South Sudan, provided for in the fight against impunity by undertaking 2015 and 2018 peace agreements. thorough, independent, impartial, effective, Moreover, the President appointed a former and transparent investigations into crimes opposition commander suspected of under international law and by bringing widespread conflict-related sexual violence as suspected perpetrators to justice. governor of Western Equatoria state. ICC REPRESSION OF DISSENT There were new developments at the ICC AND FREEDOMS concerning several country situations, including Mali, Nigeria and Sudan. In a region where state overreach and In June, Ali Ali Abd-Al- repression were already major concerns, Rahman (also known as Ali Kushayb), a 2020 saw the situation worsen. Governments former Sudanese senior militia commander, took advantage of the COVID-19 pandemic to surrendered to the ICC after 13 years spent intensify restrictions on the rights to freedom evading justice for crimes against humanity of expression, peaceful assembly and and war crimes allegedly committed in association. In almost every country Darfur. However, by the year’s end, the monitored, states of emergency were Sudanese authorities had failed to hand over imposed to curb the spread of COVID-19. former President al-Bashir and two others to However, these measures were frequently the ICC to answer allegations against them. used to violate human rights, including by In July, the trial of Al Hasan ag Abdoul Aziz security forces using excessive force to ag Mohamed before the ICC began. He is enforce them. accused of crimes against humanity and war Crackdowns on human rights in the crimes committed in Timbuktu while he was context of elections also deepened. While 22 a member of the Ansar Eddine, an armed elections were scheduled to take place, group which controlled the during the several were postponed or suspended. Those Islamist occupation of northern Mali between that went ahead took place in a climate of 2012 and 2013. fear and formed the backdrop for widespread In December, the Office of the Prosecutor human rights violations. of the ICC concluded a 10-year preliminary investigation into crimes against humanity EXCESSIVE USE OF FORCE and war crimes allegedly committed by Boko The use of excessive force to enforce Haram and Nigerian security forces. It COVID-19 regulations was common. In many decided it will request authorization to open a instances, such force led to deaths and formal investigation. injuries, including in Angola, Kenya, South Africa, Togo and Uganda.

20 Amnesty International Report 2020/21 In Angola, a 14-year-old boy was among days following the October presidential dozens of people shot dead by . In election, security forces killed at least 16 Kenya, at least six people, including a 13- people while they protested the results. year-old boy, died from police violence in the Crackdowns on protests took other forms, first 10 days of a nationwide curfew. While including unlawful bans, judicial the President publicly apologized, police and arbitrary arrests. In Burkina Faso, several excesses continued throughout the year. protests were arbitrarily banned or stopped, In Rwanda, an outcry on social media including a January sit-in outside the prompted the President and the of Court that had been organized Justice to condemn police violence in curfew to demand justice for the killing of 50 people enforcement and promise accountability. In by an armed group in 2019. In Côte d'Ivoire, Uganda, security forces killed at least 12 dozens of people were arbitrarily arrested in people, including an 80-year-old . In August for having participated in South Africa, the death of Collins Khosa after demonstrations against President Ouattara’s he was brutally beaten by military and police running for a third term. In Cameroon, officers enforcing a national lockdown authorities issued a nationwide ban on reflected a longstanding concern about the demonstrations after the opposition security forces’ use of excessive force. Cameroon Renaissance Movement (MRC) called for street action against the CRACKDOWN ON PEACEFUL PROTESTS government’s decision to hold regional Security forces continued to unleash violence elections in December. On 22 September, at on peaceful protesters. In Ethiopia, security least 500 MRC supporters who turned up for forces used excessive force to break up protests were arbitrarily arrested. protests, killing hundreds of people. In June, On a positive note, Uganda’s Constitutional the violent dispersal of protests triggered by Court in nullified parts of the Public the killing of a renowned Oromiffa musician, Order Management Act which had given led to at least 166 deaths in alone. In police excessive powers to prohibit public August, security forces killed at least 16 gatherings and protests. people following protests over the arrest of zone administration officials, community ATTACKS ON HUMAN RIGHTS leaders and activists in Wolaita zone. DEFENDERS AND OPPOSITION In Nigeria, the #EndSARS protests led to ACTIVISTS the dissolution of the Special Anti-Robbery Even amid a pandemic, attacks on human Squad (SARS), a police unit notorious for rights defenders and opposition activists did human rights violations. But this came at a not relent. This was particularly the case in heavy price when, in October, at least 56 countries that held or headed towards people were killed nationwide as security elections, like Burundi, Côte d'Ivoire, Guinea, forces attempted to control or stop the Niger, Tanzania and Uganda. protests. Among the dead were 12 killed after In Burundi, more than 600 opposition the military opened fire on protesters at the party members were arrested before and Lekki Toll Gate in city. during election day on 20 May. In Niger, a In Guinea, seven people were killed in May wave of arrests of political activists preceded during demonstrations against the security the December presidential election. In forces’ enforcement of COVID-19 movement Tanzania, at least 77 opposition leaders and restrictions. Many more died during supporters were arrested and arbitrarily demonstrations against a bid to change the detained in the aftermath of the October to allow President Conde to run elections. Before the Tanzanian elections, for a third term. On 22 March, the day of the authorities had suspended the activities or constitutional referendum, 12 demonstrators frozen the bank accounts of several human were killed, nine of them by gunfire. In the rights NGOs.

Amnesty International Report 2020/21 21 Elsewhere, human rights defenders were In Togo, a new Press and Communication abducted, forcibly disappeared or killed. In Code passed in January provided for Mali, an anti-corruption activist was abducted journalists to be punished with hefty fines for by hooded intelligence service agents and insulting government officials. In March, two detained incommunicado for 12 days. newspapers were suspended for running a Spurious charges brought against him were story about the French ambassador. A third later thrown out by a court. In Mozambique, newspaper was suspended for criticizing the security forces arrested two activists who suspensions. Journalists, including in Niger were later found dead along with another 12 and the Republic of the Congo, were also civilians. Meanwhile, community radio harassed for criticizing the governments’ journalist Ibraimo Abú Mbaruco was forcibly response to COVID-19. disappeared by army officers; his In a positive development, Somalia’s whereabouts were unknown at the end of the Attorney General established the office of a year. Special Prosecutor to deal with crimes In Niger, South Sudan and Zimbabwe, against journalists. human rights defenders and activists Governments must ensure that security exposing allegations of corruption and forces act in accordance with international demanding accountability were particularly human rights standards on the use of force targeted. In Zimbabwe, the and firearms and that cases of excessive system was misused to persecute use of force are promptly, thoroughly, investigative journalist Hopewell Chin’ono, independently and transparently among other human rights defenders. investigated and suspected perpetrators A few positive developments were brought to justice. recorded. A Ugandan ordered the They must respect the rights to freedom of release of Stella Nyanzi for wrongful expression and peaceful assembly, release conviction and violation of her human rights, all those arbitrarily detained, and carry out in February, days before she had completed prompt, effective and transparent an 18-month sentence after a investigations into reports of excessive use ’s court found her guilty of the of force against protesters, bring to justice cyber harassment of the President. In June, suspected perpetrators and ensure access the Burundian Supreme Court set aside an to justice and effective remedies for appeal court decision upholding Germain victims. Rukuki’s conviction and ordered a fresh They must end harassment and intimidation hearing of the appeal. of human rights defenders and immediately and unconditionally release those who are MEDIA FREEDOM detained or imprisoned. Repression of dissent was also manifest in Governments must respect media freedom governments’ curtailment of media freedom. and ensure that media outlets are free to In Mozambique, unidentified assailants operate independently, and that media firebombed the offices of independent practitioners are able to carry out their job newspaper, Canal de Moçambique, around without intimidation, harassment and fear the same time that the authorities issued of reprisals. trumped-up charges against two of the paper’s senior staff members. In Tanzania, newspapers and broadcasting stations critical of the government were penalized, suspended or banned. Regulations on radio and television broadcasting were also amended to limit international media coverage of the elections.

22 Amnesty International Report 2020/21 ECONOMIC, SOCIAL AND HEALTH WORKERS’ RIGHTS CULTURAL RIGHTS Governments across the region failed to adequately protect health workers from exposure to COVID-19. Workers operated in RIGHT TO HEALTH insanitary and unsafe environments due to The first case of COVID-19 in sub-Saharan shortages of PPE and sanitizers. In South Africa was reported in Nigeria on 28 Africa, by early August, at least 240 health February. By the year’s end, there were more workers had died after contracting COVID-19. than 2.6 million confirmed cases and more By July, about 2,065 health workers in Ghana than 63,000 COVID-19-related deaths had been infected and six had died due to throughout Africa. With a dire lack of medical COVID-19-related complications. equipment, such as ventilators and PPE for Despite facing increased workloads and health workers, most health care systems in additional occupational risks, health workers the region were ill-prepared to respond in most countries remained without adequate adequately to the pandemic. Insufficient compensation. As the pandemic’s impact testing capacity led to serious delays in the became unbearable, health workers resorted provision of test results. Lesotho, for instance, to industrial action to demand better working had no testing capacity until mid-May, before conditions. Health workers across the region which samples were sent to South Africa. raised their concerns through formal Some countries withheld or stopped complaints, protests and strikes, including in publishing COVID-19-related information, Burkina Faso, Kenya, Lesotho, the Republic while others disregarded WHO public health of the Congo, Sierra Leone, South Africa, guidance. In May, the governments of Togo and Zimbabwe. Meanwhile, Burundi and expelled governments responded with various forms of senior WHO staff members from their reprisal. countries. Response to the pandemic was In Equatorial Guinea, a nurse faced also hampered by poor road infrastructure, executive and judicial harassment for and a lack of hospitals and health care complaining in a WhatsApp message about workers. the lack of oxygen in Malabo’s Sampaka The pandemic highlighted decades of Hospital. In Zimbabwe, 17 nurses were neglect and chronic under-resourcing of arrested for contravening lockdown public health sectors across the region, regulations after they protested to demand despite commitments made by African improved wages and working conditions. governments in 2001 to devote at least 15% of their annual budgets to health care. The IMPACT ON LIVELIHOOD AND THE RIGHT pandemic also exposed inherent corruption TO FOOD in the sector. Theft and misappropriation of COVID-19 had a devastating impact on the COVID-19 funds, medical equipment and region’s already fragile economies. Curfews, care packages were reported in many lockdowns and stay-at-home orders had a countries, including in Kenya, Nigeria, South disproportionate impact on people working in Africa, Zambia and Zimbabwe. the informal economy who constituted 71% On the positive side, at least 20 of the region’s workforce. Many of them lost governments in the region sought to their livelihoods and incomes and could not decongest as part of broader afford food or other essential supplies. This responses to the pandemic. Even so, most exacerbated an already dire situation for prisons in the region remained overcrowded, those facing long-term food insecurity putting ’ health at risk. including as a result of recurrent droughts and the locust invasions.

Amnesty International Report 2020/21 23 Businesses and companies were forced to all forms of harassments and arbitrary stop operations, leaving thousands of workers prosecutions. unemployed. In Lesotho, more than 40,000 Governments must also ensure that workers in the mining and manufacturing evictions comply with international sectors were laid off. While most standards and that all children have access governments implemented social relief to education. programmes, including the provision of food to those living in poverty, this support was often insufficient. RIGHTS OF REFUGEES, FORCED EVICTIONS ASYLUM-SEEKERS, Governments also continued to violate the MIGRANTS AND right to adequate housing even as COVID-19 highlighted its importance. In Ethiopia, INTERNALLY DISPLACED Ghana and Kenya, government demolitions of PEOPLE informal settlements in the capital of , Accra and , Millions of people continued to be displaced respectively, thousands of people from their homes by armed conflict, homeless and at greater risk of contracting humanitarian crises and persistent human COVID-19. Meanwhile in Eswatini and rights violations. In Burkina Faso, the number Lesotho, thousands lived in perpetual fear of of internally displaced people reached 1 forcible eviction by the authorities and private million. In CAR, 660,000 people had been actors. displaced by conflict by 31 July. In a positive development, the Zambian continued to flee the country in droves, High Court ruled in April that the forced primarily to avoid indefinite national service. displacement of the Serenje rural In Somalia, a worsening humanitarian crisis communities from their ancestral land arising from conflict, drought, floods and a violated a series of their human rights. locust invasion had displaced almost 900,000 people by August. In Mozambique, RIGHT TO EDUCATION by September, the conflict in Cabo Delgado The COVID-19 pandemic disrupted learning had displaced over 250,000 people as schools were shut down across the region, Refugees, migrants, and asylum-seekers especially in the first half of the year. The use were among those disproportionately affected of online education meant that millions of by COVID-19. Border closures left many of children were unable to access their right to them stranded. The South African education due to lack of appropriate government’s COVID-19 social relief technology. This also entrenched existing programmes excluded refugees and asylum- patterns of inequality and poverty. In conflict- seekers during the first half of the year. ridden countries, like Burkina Faso, Governments must respect the right to seek Cameroon and Mali, access to education was asylum. They must keep borders open for also undermined by insecurity and constant refugees and asylum-seekers, while taking attacks by armed groups. appropriate public health measures at African governments must utilize the border crossing points. Governments must maximum available resources to urgently also guarantee access for all asylum- address the chronic under-resourcing of seekers, refugees and migrants to national public health sectors and also seek further health and social protection systems. regional and international co-operation to strengthen their health care systems. They must also listen to and address safety and other concerns of health workers and end

24 Amnesty International Report 2020/21 woman had two toes severed in an attack by DISCRIMINATION AND an unidentified assailant. MARGINALIZATION RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) VIOLENCE AGAINST WOMEN AND GIRLS PEOPLE COVID-19 lockdowns or curfews increased Discrimination against LGBTI people the risk of sexual and gender-based violence continued and consensual same-sex relations which targeted women and girls. Survivors remained criminalized in most countries. In often struggled to access justice, health care, Madagascar, a woman was held in pre-trial legal aid and counselling services. In South detention on charges of “corruption of Africa, sexual and gender-based violence minors” after she was suspected of having a continued to soar with a rate almost five consensual same-sex relationship with a 19- times higher than the global average. year-old woman. In Eswatini, the authorities COVID-19 also had a devastating effect on rejected an application from the LGBTI women’s reproductive health and rights as it advocacy group, Eswatini Sexual and Gender disrupted access to maternal health care Minorities, for registration. In Uganda, police services. arrested 23 youths from a shelter for LGBTI Rape and other sexual and gender-based people on the pretext of enforcing COVID-19 violence also continued in conflict situations. directives. While four were released on In CAR, the UN recorded 60 cases of medical grounds during the first three days of conflict-related sexual violence, including arrest, the rest were held for 44 days without rape, forced , and sexual , access to their and medical between June and October. In DRC, there treatment. was an increase in sexual violence against Governments should strengthen measures women and girls in the context of the conflict for prevention of and protection from in the east. gender-based violence especially in the There were, however, some advances in context of lockdowns, curfews and conflict the protection from discrimination of women situations. More steps are also needed to and girls. In January, a man was convicted of eliminate all forms of discrimination against marital rape for the first time in Eswatini. In women and girls, in law and in practice, February, South Africa announced that it including ensuring conformity with would draft a regional treaty on violence international obligations. against women. Sudan criminalized FGM in African governments must take measures to April. The following month, the Rwandan end all forms of attacks and discrimination President pardoned 36 women convicted for against marginalized groups. Urgent abortion. Sierra Leone established the first measures are needed to offer effective Sexual Offences Model Court to fast-track protections for people with albinism, to rape cases in July. bring suspected perpetrators of crimes to justice and to ensure access to justice and PEOPLE WITH ALBINISM effective remedies for victims. Governments People with albinism continued to face must also repeal laws which marginalize violent attacks and mutilation. In Zambia, the LGBTI people and criminalize same-sex dismembered body of a 43-year-old man was relations. discovered in March; his eyes, tongue and arms had been removed. In April, a man’s body was exhumed from a grave and his body parts stolen. In Malawi, the grave of a two-year-old boy was tampered with in January. The following month, a 92-year-old

Amnesty International Report 2020/21 25 assembly were also denied or unduly restricted by the police or military, with AMERICAS unlawful use of force recorded in more than a dozen countries. Impunity and a lack of REGIONAL access to justice remained a serious concern. Arbitrary arrests were common and often OVERVIEW linked to the enforcement of COVID-19 restrictions. In some countries, people were forcibly quarantined in state-run centres that The Americas began 2020 as the world’s failed to meet sanitary and physical most unequal region and the impact of the distancing standards. A denial of the right to COVID-19 pandemic exacerbated this health was also seen in the prison systems of inequality. Some of those most affected about one third of the region’s countries. were from marginalized communities and, Some governments detained refugees, by the end of the year, poverty levels were asylum-seekers and migrants in conditions set to soar. Government responses to the that left them at high risk of contracting crisis had far reaching impacts on human COVID-19. Others forcibly returned people rights, with frequently devastating without proper consideration of their asylum consequences for vast numbers of people. claims. COVID-19 restrictions hit the region’s large The unprecedent Regional Agreement on informal economy hard, while government Access to Information, Public Participation measures frequently undermined the social, and Justice in Environmental Matters in Latin economic and cultural rights of those in the America and the Caribbean (Escazú most precarious situations. Confused health Agreement) was finally set to come into force, messages, lack of transparency and following its ratification by Mexico in inadequate protective measures for November. However, the rights of Indigenous marginalized communities compounded Peoples remained under threat and the already weak and unequal access to health Americas continued to be one of the world’s care, with devastating results. The region, most dangerous regions for human rights home to just 13% of the world’s population, defenders, especially those working on issues recorded 49% of all COVID-19 deaths related to the land, territory and the globally. Lack of PPE, plus poor and environment. precarious working conditions, exacted a terrible toll on health workers, who were often prohibited from speaking out and sanctioned ECONOMIC, SOCIAL AND if they did. CULTURAL RIGHTS Across the region, COVID-19 confinement measures led to a marked increase in In October, the UN Economic Commission for violence against women, including domestic Latin America and the Caribbean forecast violence and killings. Almost everywhere, that the region’s economies would measures to protect women and girls were by 9.1%, with 37.3% of the population living inadequate. In some countries support in poverty by the end of the year: the worst programmes were cut; in others, state actors figure since 2006. themselves perpetrated the violence. Several In some cases, the hardship was governments did not do enough to prioritize particularly severe. By June, 40.9% of the sexual and reproductive health as essential Argentine population was living in poverty. In services during the pandemic. July, 96% of Venezuelan households were in Freedom of expression was threatened by income poverty, with 79% in extreme income governments in at least a dozen countries. poverty and unable to purchase basic foods. Rights to freedom of association and peaceful

26 Amnesty International Report 2020/21 Many governments failed to mitigate the recorded COVID-19 deaths per million social and economic effects of COVID-19 on inhabitants, the countries worst affected were the most vulnerable. In Brazil, financial aid to Argentina, Brazil, Chile, Mexico, Peru and the those on a low income was insufficient and USA. implementation of the federal assistance Many governments broadly followed World programme was flawed. In Guatemala, Health Organization (WHO) guidelines in their and communities were left responses to the pandemic. However, the without access to water, preventing people governments of Brazil, Nicaragua, the USA from adopting appropriate hygiene practices and Venezuela often issued confused health during the pandemic. messages, failed to implement policies to Some government measures resulted in protect those most at risk and showed a lack discriminatory practices that undermined of transparency. social, economic and cultural rights. For In Brazil, health messages from federal example, the Colombian government stepped and state authorities were often contradictory, up its forced eradication of coca production, while measures to mitigate the impact of despite its effects on campesino communities COVID-19 among Indigenous Peoples were that depend on coca for their livelihoods. In ineffective. According to the Articulation of Venezuela, the government delayed providing Indigenous Peoples of Brazil, 158 Indigenous full access to the Peoples were affected by the pandemic and while national food distribution systems by 8 October more than 840 deaths had continued to operate according to politically been registered. discriminatory criteria. The governments of In Nicaragua, the authorities promoted Ecuador and Mexico implemented austerity mass gatherings where physical distancing measures at the height of the pandemic was not possible and official information without sufficient protection of the basic about the response to COVID-19 lacked social and economic needs of disadvantaged transparency. individuals and groups. In the USA, inadequate and uneven Governments must guarantee access to government responses to the pandemic had economic, social and cultural rights without a disproportionate and discriminatory impact discrimination. Plans for economic recovery on many people based on their race, socio- should include all necessary measures to economic status and other characteristics. address the disproportionate effects that The USA also initiated its withdrawal from the the pandemic and the crisis has had on WHO. certain people historically disadvantaged In Venezuela, there was a lack of due to ethno-racial, gender, legal and socio- transparency from the authorities on testing, economic status. Before embarking on rates of infection and deaths due to austerity measures, states must COVID-19. There were also reports that exhaustively examine all other options and pregnant women suspected of having conduct a human rights impact assessment, COVID-19 were denied adequate care by as well as prioritizing the most public health services. disadvantaged people when allocating resources. HEALTH WORKERS The pandemic had a devastating impact on health care workers in the region; at least RIGHT TO HEALTH 8,000 died with COVID-19. On 2 September, The pandemic had a devastating impact in the Pan American Health Organization many countries where access to health care reported that some 570,000 health care was limited and unequal. During the year, workers had contracted COVID-19 in the more than 750,000 people died from Americas, “the highest number of health care COVID-19 in the Americas. In terms of workers infected in the world”.

Amnesty International Report 2020/21 27 Health professionals in almost every cases and 199 deaths caused by COVID-19 country complained about governments’ had been registered in Brazilian prisons. failure to provide sufficient PPE and safe Between March and May, there were some working conditions, which many blamed for 90 riots in different prisons in the region high levels of deaths and infections. El protesting the precarious conditions and Salvador’s President vetoed 620, increasing concern about COVID-19. In two which aimed to guarantee health insurance of the worst incidents, 73 people died, 50 in and biosafety equipment to health workers; Los Llanos in Venezuela and 23 in the the Constitutional Chamber subsequently Modelo prison in Bogotá, Colombia. declared the Decree constitutional. The Governments have a duty to guarantee the Brazilian Association of Collective Health and right to health of people held in custody. the Brazilian Society of Family and This means ensuring that preventive care, Community Medicine criticized the lack of goods and services are available to social protection for health workers’ families everybody. COVID-19 vaccine, treatment and precarious . and testing plans should be accessible, Health workers in Mexico faced irregular inclusive and non-discriminatory. States contracts and lack of sick pay and benefits. should consider factors that may heighten Health workers who spoke out about an individual’s or a community’s risk to inadequate health provision and working COVID-19 and pay attention to marginalized conditions faced sanctions. In several groups and those with intersecting Honduran hospitals, health workers were identities. asked to sign confidentiality agreements prohibiting them from speaking publicly about their concerns. In Nicaragua, at least FREEDOM OF EXPRESSION 31 health workers were dismissed after The right to freedom of expression was under expressing concerns about working threat in Bolivia, Brazil, Cuba, Mexico, conditions, lack of PPE and the state Uruguay and Venezuela, sometimes because response to the pandemic. Venezuelan of COVID-19 restrictions. health workers who made critical public In Mexico, at least 19 journalists were statements about the government’s response killed during the year. A letter signed by 650 to the pandemic faced short-term detention journalists and intellectuals accused the and subsequent restrictions. President of actions harmful to the right to freedom of expression. Information also PRISON CONDITIONS emerged showing that the state Poor sanitary conditions and overcrowding was involved in a social media smear were features of many of the region’s prisons, campaign, allegedly financed with public including in Brazil, Chile, El Salvador, funds, against several journalists. Nicaragua, Paraguay, Trinidad and Tobago In Brazil, between January 2019 and and the USA. Inadequate state measures September 2020, members of the federal denied prisoners their right to health and put government attacked journalists and their them at risk of contracting and dying of work 449 times. In Venezuela, civil society COVID-19. organizations reported that between January Thousands of prisoners, including those and April 2020 there were more than 400 awaiting trial, were held in overcrowded and attacks on journalists and other media insanitary conditions in Uruguay, which had workers, including intimidation, arbitrary one of the highest incarceration rates in the detentions and physical assaults. Health region. workers and journalists reporting on the According to Brazil’s National Council of pandemic were also harassed, threatened Justice, as of October, more than 39,000 and charged with inciting hatred.

28 Amnesty International Report 2020/21 Between March and July, Nicaragua’s allegedly for not wearing a mask. In Chile, the Observatory of Aggressions on the government filed over 1,000 lawsuits against Independent Press reported 351 attacks peaceful protesters using the State Security including unjust prosecutions, arbitrary Law, which is not in line with international detentions and harassment of media workers human rights law and can facilitate politically and their families. motivated charges. Governments should recognize the All governments should ensure that important role journalists play in society protocols and practices are consistent with and ensure that they are able to carry out international standards, including the UN their work free of harassment and violence. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. EXCESSIVE USE OF FORCE Excessive use of force by law enforcement ARBITRARY DETENTION officials and the military was recorded in Cases of arbitrary detention were reported in more than a dozen countries in the region. It the Dominican Republic, Guatemala, Mexico, was often used to deny people their right to Nicaragua, Venezuela and at the US Naval freedom of peaceful assembly, and Base in Guantánamo Bay. In some countries, marginalized communities were arbitrary detentions were linked to measures disproportionately targeted. adopted to curb the spread of COVID-19. In Brazil, during the first six months of the The Venezuelan human rights organization year, at least 3,181 people were killed by the Penal Forum reported that arbitrary, police, an increase of 7.1% compared to the politically motivated detention increased after same period in 2019. According to the the declaration of a in Brazilian Public Security Forum, 79.1% of March in response to the COVID-19 the people killed by the police were Black. pandemic. It recorded 413 arbitrary Unlawful use of force by the police, detentions as of October. Venezuelans military and armed groups against returning to the country were placed in demonstrators was widespread in Venezuela. mandatory quarantine in state-run centres The OHCHR reported that at least 1,324 from at least April onwards. By August, people were killed in the country in the 90,000 people were officially reported to have context of security operations between 1 passed through the centres known as January and 31 May. Comprehensive Social Service Points. In the USA, at least 1,000 people were In Mexico, police officers arbitrarily killed in 2020 by police using firearms. detained at least 27 people during protests in Between 26 May and 5 June alone 125 the city of Guadalajara in June. Protesters separate incidents were documented, in 40 were abducted in unmarked vehicles and states and Washington DC, of unlawful use of their whereabouts were unknown for several force by the police against people protesting hours. at unlawful killings of Black people. In the Dominican Republic, police carried In other countries, there were also out an estimated 85,000 detentions between examples of excessive or unnecessary use of 20 March and 30 June, for alleged non- force in the context of the enforcement of compliance with the evening curfew imposed COVID-19 lockdowns. In Argentina, police in response to the pandemic. Among those were involved in physical attacks on detained were people on their way to buy members of an Indigenous community food and other essentials. After Guatemala during operations related to supposed introduced a mandatory curfew in March, violations of COVID-19 restrictions. In Mexico, more than 40,000 people were detained, a 30-year-old bricklayer was beaten to death including people working in the informal by police after being detained in Jalisco state, economy.

Amnesty International Report 2020/21 29 In some countries the authorities placed based on less serious administrative tens of thousands of people in state-run offences. quarantine centres. These often fell well short In September, UN Fact- of minimum sanitary and physical distancing Finding Mission on Venezuela called for standards to protect people from COVID-19. those suspected of criminal responsibility for In El Salvador, more than 2,000 people were crimes against humanity to be held detained in such centres for alleged violations accountable. The Mission investigated 53 of the mandatory quarantine imposed in extrajudicial executions and 5,094 killings by March; some were held for up to 40 days. In members of the security forces. The Mission Paraguay, some 8,000 people – mostly concluded: “these crimes were coordinated Paraguayans returning from neighbouring and committed pursuant to State policies, Brazil – were in mandatory quarantine as of with the knowledge or direct support of late June. commanding officers and senior government Governments in the region must not use the officials.” pandemic as an excuse to justify excessive Governments must ensure redress and use of force or arbitrary detention. for victims of human rights Repression is not protection. violations, carry out prompt and impartial investigations and bring those bearing criminal responsibility to justice in fair IMPUNITY AND ACCESS TO trials to break the cycle of violations JUSTICE fostered by impunity. Impunity for human rights violations and crimes under international law remained a VIOLENCE AGAINST serious concern in several countries – WOMEN AND GIRLS including Bolivia, Brazil, Chile, El Salvador, Guatemala and Venezuela – as did violations Across the region, COVID-19 confinement relating to the past US secret detention measures led to a marked increase in programme. violence against women, including domestic Those responsible for human rights violence, rape, homicide and . violations during Bolivia’s post-election crisis One of the worst affected countries was that began in October 2019 were not brought Mexico: in 2020, 3,752 killings of women to justice. At least 35 people were killed and had been reported, 969 of which were 833 injured by the National Police and the investigated as . Over the year, armed forces who used excessive force to reports of incidents of violence against repress demonstrations. An International women in the country were set to exceed the Group of Independent Experts to investigate 197,693 reported in 2019. these events, announced by the interim In Brazil, almost 120,000 cases of physical government in January, was finally domestic violence were reported in the first established in November. six months of the year. The femicide rate Chile’s National Human Rights Institute increased in 14 out of 26 states between expressed concern at the slow pace of March and May, with increases of between investigations into human rights violations 100% and 400% in some states. committed during mass protests in October In Colombia, according to the NGO No es 2019; formal charges against some of the Hora de Callar, 99 femicides were reported in policemen involved were filed almost a year the first six months of 2020, including cases after the incidents took place. Administrative in which women were impaled, set on fire, investigations and sanctions by the Chilean sexually abused, tortured and dismembered. National Police were ineffective and often In Argentina, emergency calls about violence against women to helplines had

30 Amnesty International Report 2020/21 increased by over 18% compared to 2019, essential services during the pandemic. This and there were at least 298 femicides was an indirect consequence of strained according to civil society monitoring groups. health care systems, disruption in care and In some countries, government leaders redirected resources to the pandemic. downplayed violence against women and cut By August, Paraguay’s Ministry of Health support programmes. In others, state actors had registered 339 births to girls aged themselves perpetrated the violence. For between 10 and 14, and 9,382 births to example, in the Dominican Republic, which adolescents aged 15 to 19. In June, Peru’s has one of the highest rates of gender-based Ombudsperson’s Office highlighted cases killings of women in the world, the authorities where emergency kits for victims of sexual failed to implement a national protocol for violence were not being provided to girls and investigating torture. This was despite women during the pandemic. compelling evidence that the police routinely A bill to legalize abortion was approved by raped, beat and humiliated women engaged the Argentinian Congress in December. in sex work in actions that may amount to Despite some signs of progress, abortion torture or other ill-treatment. remained criminalized in most countries in Measures to protect women and girls were the region, posing a serious obstacle to the inadequate throughout the region and cases right to health. In the Dominican Republic, El of violence against women were not Salvador, Haiti, Honduras, Jamaica and thoroughly investigated. For example, in its Nicaragua there was a total ban on abortion, response to recommendations from the UN while in countries such as Brazil, Guatemala Committee against Torture, the Canadian and Paraguay it was only permitted to save a government failed to commit to ensure justice woman’s life. In El Salvador, 18 women for survivors of forced and coerced remained in jail on charges related to sterilization of Indigenous women and girls. obstetric emergencies. In the USA, where gun shops were Governments must ensure access to sexual classified as essential businesses during the and reproductive rights, including abortion, pandemic, an exponential rise in purchases and repeal laws that criminalize the of firearms increased the risks of gun procedure. violence against women and children from unsecured firearms in homes where people were forced to quarantine with their abusers. RIGHTS OF LESBIAN, GAY, The COVID-19 pandemic underscored and BISEXUAL, TRANSGENDER intensified the global crisis of violence against women and girls. The voices of AND INTERSEX (LGBTI) women and girls must be central to governments’ post-COVID-19 recovery PEOPLE plans, which should prioritize eliminating LGBTI people were the targets of violence gender-based violence and addressing its and killings in several countries in the region, root causes. including Colombia, Honduras, Paraguay, Puerto Rico and the USA. At least 287 trans and gender-diverse people were killed in the SEXUAL AND continent. The most deaths in a single REPRODUCTIVE HEALTH country happened in Brazil. COVID-19 also had an impact on LGBTI AND RIGHTS people. As health systems focused on the Many governments – including those of pandemic, other key services for LGBTI Argentina, Chile, Paraguay, Peru, Uruguay people, such as mental health and sexual and Venezuela – did not do enough to counselling, were harder to access. In many prioritize sexual and reproductive health as countries, HIV testing has been suspended.

Amnesty International Report 2020/21 31 Despite some positive judicial rulings in groups challenging construction of the Trans Bolivia and Chile, same-sex partnerships and Mountain pipeline. marriage were not recognized in many Governments must ensure the right of countries. Indigenous Peoples to free, prior and Governments must ensure mechanisms to informed consent on all projects affecting protect LGBTI people against all forms of their rights substantially. violence and discrimination and include their specific needs in measures to reduce the socio-economic impact of the RIGHTS OF REFUGEES, pandemic. ASYLUM-SEEKERS AND MIGRANTS RIGHTS OF INDIGENOUS Tens of thousands of people – mostly from PEOPLES Cuba, El Salvador, Honduras and Venezuela – continued to flee violence, poverty and Indigenous Peoples in the Americas were inequality. heavily affected by the COVID-19 pandemic As part of COVID-19 border control because of inadequate access to clean water, measures, some governments, including sanitation, health services and social Canada, Peru and the USA, prohibited the benefits, as well as a lack of culturally entry of refugees, asylum-seekers and appropriate mechanisms to protect their migrants. Many countries, including rights to health and livelihoods. This was Colombia, Guatemala, Mexico, Trinidad and particularly acute in Argentina, Bolivia, Chile, Tobago, and the USA, forcibly returned Colombia, Ecuador, Paraguay, Peru and people without proper consideration of their Venezuela. refugee and asylum claims. In many countries, governments failed to The US authorities halted all processing of ensure the free, prior and informed consent asylum-seekers on the US-Mexico border of Indigenous Peoples before allowing major and unlawfully detained and expelled nearly extractive, agricultural and infrastructure 330,000 migrants and asylum-seekers projects affecting them to proceed. In between March and September, including Argentina, concerns remained over projects approximately 13,000 unaccompanied for possible lithium extraction on Indigenous children. In Mexico, migrants, refugees, and Peoples’ lands without the consent of asylum-seekers continued to be subject to affected communities. In several countries excessive use of force and arbitrary detention mining was declared an essential sector by the authorities, and abductions, assaults during the pandemic, exposing Indigenous and killings by non-state actors. The Mexican Peoples to contagion. authorities detained 87,260 migrants, In Brazil, the rights of Indigenous Peoples including more than 11,000 children, and and other traditional communities continued deported 53,891 people. to be threatened by illegal mining, wildfires Refugees, asylum-seekers and migrants and the seizure of land for illegal cattle detained in centres in Mexico, farming and agrobusiness. The National Trinidad and Tobago, and the USA were at Institute for Space Research registered a high risk of contracting COVID-19 due to poor 9.5% increase in forest destruction in Brazil sanitary conditions and the impossibility of between August 2019 and July 2020 physical distancing. For example, despite a compared to the same period a year earlier. serious outbreak of COVID-19 in civil In Canada, there was some progress in facilities, US recognizing the land rights of Indigenous Immigration and Customs Enforcement Peoples. However, Canada’s Federal Court of refused to release detainees, over 8,000 of Appeal dismissed an appeal by Indigenous whom contracted the virus in detention.

32 Amnesty International Report 2020/21 Governments should release all people held affecting at least 5.2 million people. in detention solely for immigration purposes Argentina, Brazil’s western border areas and and ensure refugees and asylum-seekers are Paraguay were hit by severe drought causing protected in accordance with international vast agricultural losses. The USA recorded law. the largest wildfires ever, as a result of widespread drought and extreme heat. However, action on climate change HUMAN RIGHTS remained limited. Although Chile was the first DEFENDERS country in the region, and one of the first in the world, to submit a 2030 emission The Americas remained one of the world’s reduction target, major wealthy emitters failed most dangerous regions to defend human to follow suit. The Canadian government rights. tabled a bill to achieve carbon neutrality by Human rights defenders were killed in 2050, but NGOs indicated that it failed to Brazil, Colombia, Mexico, Peru and demonstrate it was taking all feasible steps to Venezuela. A 2020 report by the NGO Global reach zero carbon emissions before this Witness described Colombia as the world’s period. most lethal country for environmental and Argentina submitted an improved but still human rights workers. By August, the insufficient emission reduction target for OHCHR had documented 97 killings of 2030 and in early 2020 the government tried human rights defenders and verified 45 to amend the Native Forest Protection Act, a homicides in the country. potentially backward step. Brazil significantly Human rights defenders and journalists weakened its climate ambition target and its were also subjected to attacks, threats, international commitments to stop illegal prosecutions, arbitrary detention and deforestation and restore forests. unlawful surveillance in Bolivia, Brazil, In an important sign of progress, the Colombia, Cuba, Ecuador, El Salvador, Escazú Agreement was finally due to enter Guatemala, Honduras, Mexico, Nicaragua, into force. However, several governments, Peru, the USA and Venezuela. including those of Bolivia, Ecuador, El In Venezuela, the Centre for Defenders Salvador, Guatemala, Honduras, Nicaragua and Justice reported that, as of June, there and Paraguay, had yet to adopt policies and had been more than 100 attacks against protocols to protect human rights defenders women human rights defenders, including working on environmental issues. criminalization, harassment, digital attacks Governments must urgently adopt and and arbitrary detention. implement emission reduction targets and Governments must create a safe strategies that protect human rights from environment for human rights defenders. the climate crisis and ensure a just and They must ensure that protection measures human rights-consistent transition to a zero- are comprehensive, including aspects of carbon economy and resilient society. They individual and collective protection, taking should also ratify and implement the into account the intersectional dimensions Escazú Agreement. of violations and the particular needs of women human rights defenders. CLIMATE CRISIS A range of climate-related impacts continued to undermine human rights in the Americas. Central America experienced unprecedented back-to-back hurricanes in November,

Amnesty International Report 2020/21 33 demanding political reforms. As the year progressed, however, people in India, ASIA- Thailand and Hong Kong in particular took to the streets to oppose government oppression. PACIFIC REGIONAL Police used excessive and unnecessary force to disperse these public assemblies. OVERVIEW Many governments also further responded to the COVID-19 pandemic by adopting or weaponizing repressive national security or The onslaught of the COVID-19 pandemic counter- laws. These laws exacerbated the human rights situation in consolidated the power that some of the the Asia-Pacific region. It was the first governments in this region already wielded. region affected by the COVID-19 pandemic In India, peaceful dissent was punished and as the first cases were reported in the restrictions on communications and key Chinese city of in December 2019. freedoms in Jammu and Kashmir continued; When Chinese authorities reprimanded journalists and human rights defenders were health workers who had raised warnings questioned for allegedly “anti-national” about a new virus, it sparked calls for activities. transparency not only from people in China, While the Asia-Pacific region suffered but also from other countries in the region. fewer deaths than other parts of the world, It was the first of many moments the pandemic was economically devastating throughout the year when governments and further deepened pre-existing social seized on the pandemic as a pretext to divides. It disproportionately affected already muzzle critical voices and unduly limit the disadvantaged groups such as migrant right to freedom of expression, including workers, refugees, people living in poverty, the right to receive and impart information ethnic and religious minority groups, and on COVID-19. incarcerated people. Many governments in the region enacted The policies developed and imposed by laws and measures to punish the spreading many governments to address the spread of of “misinformation” or “false information” COVID-19 reflected existing patriarchal about COVID-19. In countries where norms that discriminate against women. The authorities had a history of routinely abusing lockdowns also contributed to a sharp their powers, these laws were used to increase in the number of cases of sexual intensify existing crackdowns especially on and gender-based violence against women the freedoms of expression, association and and girls, and governments in the region did peaceful assembly. Open debate and not provide adequate resources to address criticism of government responses to the this issue. pandemic were severely restricted. Religious and ethnic minorities were Governments across the region subjected attacked across the region. The Chinese many human rights defenders, journalists, authorities pressed on with their systematic lawyers and members of the political repression of Uyghurs and other Turkic opposition to attacks, including harassment, Muslims in the Xinjiang region. Muslims intimidation, threats, violence and arbitrary came under attack in India and were arrests for their legitimate expression of demonized during the pandemic and denied dissent and criticism of government actions. medical access. The Myanmar military To prevent the further spread of COVID-19, continued to elude accountability for its various degrees of lockdown and other crimes against the Rohingya. In Afghanistan limitations on movement were put in place by and Pakistan, members of the minority governments. Public assemblies were often communities were killed by armed groups. not allowed, greatly restricting protests

34 Amnesty International Report 2020/21 The Asia-Pacific region was swept by the police warned that legal action would be natural disasters related to climate change. taken against people publishing posts on Countries in the region responsible for high social media that were critical of the percentages of global greenhouse gas government’s COVID-19 response. Several emissions failed to set adequate reduction social media commentators were arrested targets that would contribute to avoiding the following the announcement. In Bangladesh, worst human rights impacts of climate nearly 1,000 people were charged under the change. country’s Digital Security Act, while 353 people were detained. Among the first targets were journalists Mohiuddin Sarker and Toufiq FREEDOM OF EXPRESSION Imroz Khalidi, both editors of online portals. Within days of the news of the COVID-19 The authorities arrested them in April for their outbreak, authorities in several countries reports which alleged corruption in the use of across the region tried to suppress funds designated for COVID-19 relief efforts. information about it and punished those who In Pakistan, the Electronic Crimes Act was criticized government actions. The Chinese repeatedly invoked to charge or arrest authorities sought to control information journalists for critical comments made online, about COVID-19, both online and offline. often accompanied by vicious and co- Hundreds of keywords related to the virus ordinated online attacks. were blocked and online protests demanding Journalists continued to face reprisals for the right to receive and impart information on reporting news not favoured by the COVID-19 were deleted. Doctor , government. In Myanmar, following the one of eight people who tried to spread designation of the ethnic minority armed information about the new virus before the opposition group the Arakan Army as a government disclosed the outbreak, was “terrorist organization”, at least three reprimanded by the police after he messaged journalists were prosecuted under counter- colleagues to wear PPE to avoid infection. He terrorism laws and the Unlawful Associations subsequently died from the effects of Act for contacting the group. In Jammu and COVID-19. Kashmir, the Indian police attacked or Several other countries in the region summoned 18 journalists for their reporting imposed similar restrictions on what could or and the offices of the Kashmir Times were could not be said about COVID-19, often on sealed after its editor sued the government the pretext of suppressing false or inaccurate over its shutdown of internet and telephone information. In April, the Indonesian services in the region. In Nepal, the authorities ordered the police to scour the government introduced several new bills that internet and act against “hoax spreaders” threatened the right to freedom of expression, and those who insulted the government. At online and offline. In Singapore, even as it least 57 people were arrested. Journalists, was being challenged in court, the authorities academics, students and activists were used the Protection from Online Falsehoods subjected to intimidation online, including and Manipulation Act throughout the year to threats of physical violence through text muzzle government critics and independent messages. In India and Nepal, authorities media outlets. In the Philippines, journalists arrested or charged dozens of individuals, and Reynaldo Santos, were many of them journalists, for allegedly convicted of “cyber libel” and lawmakers spreading “misinformation” or “” denied the renewal of the franchise of ABS- about the pandemic. CBN, one of the country’s largest Many individuals, including journalists, independent broadcasting networks. who criticized government responses The right to freedom of expression, which regarding the COVID-19 pandemic were includes the right to receive and impart punished under draconian laws. In Sri Lanka, information, is especially critical during a

Amnesty International Report 2020/21 35 public health crisis. Governments must close its operations after Indian authorities understand fully that access to credible, froze the organization’s bank accounts. objective and evidence-based information During the year, the organization had on the COVID-19 pandemic saves lives. The published reports on human rights violations role of journalists and media in providing that occurred during and after the riots in reliable information to the public during a in February where 53 people, mostly public health crisis is vital. They also play Muslims, were killed and more than 500 an important role in calling attention to injured. The riots followed incendiary matters of public interest and upholding speeches by government officials and human rights. Rather than thwarting such lawmakers, but had not been effectively efforts, governments must enable, promote investigated months later, including and protect robust and independent media documented complicity and participation in in the region. the riot by Delhi police. Amnesty International India also released a report on Jammu and Kashmir, documenting the violations that HUMAN RIGHTS occurred there after the territory’s special DEFENDERS status was revoked in August 2019. In Malaysia and Afghanistan, human rights Human rights defenders, including defenders who called attention to corrupt journalists, lawyers and members of the practices of government authorities faced political opposition continued to be attacked, serious challenges during the year. Cynthia harassed, intimidated, threatened and killed Gabriel of the Center to Combat Corruption for their legitimate support for human rights, and Cronyism, together with other human expression of dissent and criticism of rights defenders Thomas Fann and Sevan government actions and corruption. Doraisamy, were investigated by Malaysian In China, human rights defenders and authorities for raising corruption scandals activists were subjected to harassment, linked to public officials. Human rights intimidation, enforced disappearances, defenders who made allegations of corruption torture and other ill-treatment, and arbitrary against officials in Helmand province in and incommunicado detention. They were Afghanistan were hospitalized for injuries also often charged with vaguely worded they suffered after government officials had offences such as “leaking state secrets”. assaulted them. Also, human rights Their trials were routinely held in secret and defenders, activists, journalists and moderate they were deprived of their right to access religious authorities were subjected legal counsel. Many lawyers of these human to targeted attacks and assassinations by rights defenders were denied their right to armed groups in particular. and were unable to Governments used counter-terrorism meet with their clients and access case measures against human rights defenders or materials. labelled them as “terrorists” in countries During the year, many governments in the including the Philippines and India. region attempted to undermine the Philippine authorities continued the practice operations of human rights NGOs to prevent of “red-tagging” human rights defenders and human rights defenders from continuing to activists as “terrorists” or sympathizers of expose human rights violations. Cambodian armed communist groups. In August, Randall authorities used the repressive Law on Echanis and Zara Alvarez were killed within a Associations and NGOs (LANGO) to week of each other in different cities. They designate as illegal groups of human rights had both been “tagged” as “terrorists” by the defenders exposing practices that caused government for their activism and human environmental degradation. In September, rights work. During the year India’s National Amnesty International India was forced to Investigation Agency (NIA), the country’s

36 Amnesty International Report 2020/21 main counter-terrorism agency, arrested chronic illnesses compounded the situation several human rights defenders and raided of those infected with COVID-19. their homes and offices. Among those The anti-drug campaigns which arrested were seven human rights defenders emphasized criminalization and the practice who worked with marginalized groups and of arbitrarily detaining without charge people nine students who protested peacefully who used drugs continued in Cambodia and against the discriminatory Citizenship the Philippines, which led to excessively (Amendment) Act. The NIA also raided the overcrowded prisons that continued to violate offices and homes of Kashmiri defender detainees’ right to health. In the Philippines, Khurram Parvez and three of his associates. the Supreme Court ordered the release of As the conflict in Afghanistan entered its over 80,000 prisoners to prevent the spread twentieth year, human rights defenders were of COVID-19 in prisons. In Cambodia, the also wounded and killed by unknown authorities revealed plans to reduce prison gunmen thought to belong to armed groups, overcrowding, but implementation was including two staff members of the Afghan limited. Independent , In Malaysia, the authorities conducted who were killed in an attack on their car in immigration raids in areas with high migrant- Kabul. In December, President Ghani created worker populations and arrested and a joint commission for the protection of detained many migrants and refugees. A human rights defenders. This was viewed by COVID-19 outbreak hit immigration detention human rights organizations as a first centres, and over 600 people were infected. significant move forward. However, it Governments must ensure access to health appeared to be the only development in the facilities and services without region that promised to address the discrimination. systematic patterns of violations against human rights defenders. In Sri Lanka, the new government DISCRIMINATION - continued to crack down on human rights ATTACKS ON ETHNIC AND defenders, including activists, journalists, law enforcement officers and lawyers. RELIGIOUS MINORITIES Governments must effectively address acts Across the region, ethnic and religious of violence against human rights defenders minorities continued to experience and perpetrators of these acts must be held discrimination, violence and other forms of accountable. It is crucial that human rights at the hands of authorities. defenders are able to do their work free of In January, the International Court of fear of punishment, reprisal or intimidation Justice ordered the government of Myanmar so that everyone can effectively enjoy all to prevent genocidal acts against the human rights. Rohingya. The Myanmar authorities failed to ensure accountability for the military operations in Rakhine State during 2017, RIGHT TO HEALTH which caused over 700,000 Rohingyas to flee The COVID-19 pandemic highlighted and to Bangladesh. In the context of counter- exacerbated gaps in equal access to health insurgency operations, the security forces care and pre-existing social divides in the continued to commit human rights violations region. In North Korea, the lack of medical and violations of international humanitarian supplies prompted the emerging middle class law against other ethnic minority groups in to secure medicines or health services in the Rakhine, Chin, Kachin and Shan States. so-called “grey markets”. In Papua New In China, authorities justified their Guinea, high rates of poverty and other discrimination and persecution of Tibetans and of Uyghurs and other Turkic Muslim

Amnesty International Report 2020/21 37 peoples in the region of Xinjiang on the Tablighi Jamaat, was accused of spreading grounds of countering “separatism”, the virus at a public gathering, many Muslims “extremism” and “terrorism”. The Chinese were denied access to medical services and authorities continued to subject Uyghurs and essential commodities. On social media, other Turkic Muslims to arbitrary detention there were calls to boycott Muslim without trial, political indoctrination, and businesses. In Sri Lanka, the authorities forced cultural assimilation. They tightened prevented Muslims from burying people who restrictions on access to Xinjiang and had died as a result of COVID-19 according continued to establish mass to religious rites and forcibly cremated the camps throughout the year. bodies instead. The Sri Lankan government Iminjan Seydin, who had disappeared for reportedly racially profiled the country’s three years, appeared in May and praised Muslim community by identifying it as a Chinese authorities in an apparently coerced source of higher risk during the pandemic. testimony. Mahira Yacub, a Uyghur who In Afghanistan, at least 25 people were worked for an insurance company, was killed when the armed group calling itself charged with “giving material support to “Islamic State” attacked one of the few Sikh terrorist activity” for sending money to her temples in the country. The country’s mainly parents in Australia to help them buy a Shi’a Hazara community also suffered many house. Nagyz Muhammed, a Kazakh writer attacks from armed groups, including an who has been detained since March 2018, October bombing of a school that killed 30 was convicted in secret for “separatism” for a people, mostly children, in Kabul. dinner he had with friends on Kazakhstan In Pakistan, the community Independence Day nearly a decade ago. was subjected to attacks, social and Uyghurs also faced pressure outside of economic boycotts and at least five targeted China. Chinese embassies and agents killings. During the Muslim holy month of continued to harass and intimidate people Muharram, hate preachers incited violence who had left the country and gone into exile. against the country’s Shi’a minority as nearly Chinese security agents harassed Uyghurs 40 cases were filed against Shi’a abroad through messaging apps, demanding clerics. In July, bowing to pressure from their ID numbers, locations of residence and politicians, some media outlets and clerics, other details. Some received phone calls from the Pakistani authorities halted the the Chinese security police, asking them to construction of a in the capital, spy on Uyghur diaspora communities. , denying the community its right In , protests erupted over a to and belief. The new language policy for schools that would Pakistani government failed to take effective change the teaching medium for some action against the forced conversions to Islam classes from Mongolian to Mandarin Chinese. of women and girls from Hindu and Christian Hundreds of people who protested – communities. students, parents, teachers, pregnant Governments must ensure that the human women, children – were reportedly arrested rights of ethnic and religious minorities are for “picking quarrels and provoking trouble”. protected. Moreover, they must facilitate Hu Baolong, a human rights who equal access to health care for all minority spoke out during the protests, was reportedly groups and take steps to end systemic arrested on charges of “leaking state secrets discrimination against them. overseas”. In some countries, ethnic and religious minority groups suffered the brunt of the WOMEN AND GIRLS impact of the COVID-19 pandemic. India’s The COVID-19 pandemic highlighted and Muslims were among those who were further exacerbated the existing inequalities between marginalized. After a Muslim group, the men and women in the region. Government

38 Amnesty International Report 2020/21 responses to the pandemic reflected demeaning statements about women. In patriarchal norms and gender stereotypes South Korea, the pervasiveness of online that undervalue women. violence against women and girls became In the informal sector, where women were increasingly apparent with the arrests of the typically paid less than men, thousands of perpetrators of digital sex crimes, who had women were suddenly deprived of their blackmailed more than 70 women and girls livelihoods and forced to assume additional into sharing sexually exploitative videos and care responsibilities at home, such as photographs that the perpetrators then homeschooling children or caring for sick circulated through messaging apps. relatives. In previous years, women across In Cambodia, Prime Minister led the Asia-Pacific region carried out more than a public attack on women’s right to freedom four times as much unpaid work at home of expression, invoking arbitrary notions of than men. Those numbers rose sharply “tradition” and “culture” to justify the policing during the pandemic. of women’s bodies and choices. In January, Women also constituted the majority of he ordered the police to take action against essential workers during the pandemic, women advertising products on in including doctors, nurses, sanitation workers purportedly “revealing” clothes. Within days, and other roles. In Pakistan, when violence a Facebook vendor was arrested and charged against health workers erupted in May, a with producing “pornography” for the clothes group of women health workers were forced she wore. The assault on women’s rights in to lock themselves in a room for their own Cambodia intensified in June, when the protection as disgruntled relatives of patients government sought to turn these penalties vandalized the hospital they were working in. into law, criminalizing the wearing of clothes Migrant domestic workers in the Gulf, who that were deemed “too short” or “too see- overwhelmingly come from the Asia-Pacific through”. The draft law triggered online region, lost their jobs and were forced to protests from many women and girls. return home at the onset of the pandemic. In Violence against women and impunity for most of the national financial stimulus these crimes persisted in several countries. packages in the region, there was no special In Papua New Guinea, allegations of sorcery provision for the needs of these women, put women at a heightened risk of violence. including social protections. In Afghanistan, women continued to face Many governments in the region did not discrimination and gender-based violence, classify services for women as essential and especially in -controlled areas, where that could continue during lockdowns, violent “” were meted out for including those that are aimed to support or perceived transgressions of the armed assist women experiencing sexual or gender- group’s interpretations of Islamic law. Over based violence. Women and girls who had 100 murder cases related to violence against already been living with abusive partners or women were reported in Afghanistan during family members were at further risk of the year, and these highlighted the persistent violence. The number of cases of domestic failure of the government to investigate these violence and intimate partner violence rose murders or tackle violence against women sharply across the region. In Japan, there effectively. In Fiji, a former rugby captain were 13,000 cases reported in April alone – a convicted of rape and sentenced to eight 29% increase on the same month in 2019. years’ imprisonment was allowed to resume Women continued to be subjected to training after serving less than a year of his vicious misogynistic attacks. In Indonesia, the sentence. targets of digital attacks included feminist In Pakistan, an annual march on news outlets. One journalist’s account was International Women’s Day came under hacked, and she was harassed by attackers sustained attack, first from the courts, when who sent pornographic pictures and there was an attempt to ban the march, and

Amnesty International Report 2020/21 39 then on the day, when a religious group policy and budgetary decision-making attacked marchers in Islamabad with rocks. processes in developing the post-pandemic The police failed to protect the protesters. In response and recovery plans of governments September, the gang rape of a woman on a in the region. national highway sparked national outrage, with calls for the resignation of the top provincial police officer and harsher FAILURE TO PREVENT punishments for rapists. In December, the CLIMATE CHANGE government passed an ordinance that sought to speed up trials for rape and punish The Asia-Pacific region is particularly perpetrators with forced chemical castration. vulnerable to the effects of the climate crisis. Amnesty International expressed its concern In 2020, a series of climate shocks affected that forced chemical castration violates human rights in the region. India was Pakistan’s international and constitutional severely hit by super-typhoon Amphan, while obligations to prohibit torture and other cruel, Bangladesh, Nepal and Myanmar suffered inhuman, or degrading treatment. widespread flooding that left In India and Nepal, the of millions displaced. Australia women sparked fury. In May, a 12-year-old experienced unprecedented bushfires which Dalit girl was forcibly married to her alleged caused displacement and air pollution. rapist, a man from a dominant caste, in Despite the severity of the impacts, Nepal’s Rupandehi district. In September, countries in the region most responsible for another 12-year-old Dalit girl was raped and global emissions failed to set adequate killed in Bajhang district, allegedly by a man reduction targets that would contribute to who had evaded prosecution for another rape avoiding the worst human rights impacts of of a 14-year-old girl a month before. Also in climate change. Australia, which became the September, a Dalit woman was raped and largest fossil fuel exporter in the world, failed murdered by a group of men from the to set a more ambitious emission reduction dominant caste in Hathras, in India’s Uttar target for 2030 or commit to reach net-zero Pradesh state. Her body was cremated by the emission in the long-term. While Japan and police without the consent of the family. The South Korea announced carbon neutrality accused men were only arrested after targets for 2050 – and China for 2060 – they protests erupted across the country failed to demonstrate that they were taking all demanding justice and accountability. feasible steps to reach zero carbon emissions To address the various problems of before this date as they are required to do in violence against women, steps were taken in order to refrain from causing significant harm South Korea, where the government passed to the human rights of people in and outside laws to enhance the protection of women and of their countries. girls from sexual exploitation and abuse. The Governments must urgently adopt and National Assembly increased punishments implement emission reduction targets and for digital sex crimes. The was strategies that protect human rights from also raised from 13 to 16, without the climate crisis and ensure a just and discrimination, and the of limitations human rights-consistent transition to a zero- was removed for crimes involving the sexual carbon economy and resilient society. exploitation of children. In developing their post-pandemic response and recovery, governments must give priority to advancing gender equality and eliminating gender-based violence and harmful gender stereotypes. Women must also be involved in all stages of legislative,

40 Amnesty International Report 2020/21 risk as they were forced to live in overcrowded and unhealthy conditions. EUROPE AND States failed to set targets to reduce greenhouse gas emissions at a pace which CENTRAL ASIA would avoid the worst human rights impacts of the climate crisis. Attacks on the European REGIONAL human rights framework continued. Arms sales to Saudi Arabia and the United Arab OVERVIEW Emirates persisted, despite the risk of human rights violations in the Yemen conflict.

Government responses to COVID-19 threatened a wide range of rights in Europe RIGHTS TO HEALTH AND and Central Asia and exposed the human SOCIAL SECURITY cost of social exclusion, inequality and state overreach. Under-resourcing of health The Europe and Central Asia region was hit systems and failure to provide adequate hard by the COVID-19 pandemic, with some PPE exacerbated the death rates, workers 27 million cases and 585,000 deaths in the faced barriers in accessing adequate social region by the year’s end, amounting to close security, and public health measures to a third of the global total. Numbers may disproportionately affected marginalized well have been higher due to under-reporting, individuals and groups. Many governments which, in some cases, was deliberate as in also used the pandemic as a smokescreen Turkmenistan. Government responses to the for power grabs, clampdowns on freedoms pandemic varied dramatically, as did the and a pretext to ignore human rights quality of health care and data collection. obligations. This led to vastly differing reported rates of In a number of countries, governments infection and death. continued to erode the independence of the Infections and deaths also varied widely . Contested presidential elections in across different groups of the population. Belarus provoked a human rights emergency According to the WHO, up to half of those in which all semblance to the right to a fair who died due to COVID-19 in some countries trial and accountability was eroded. were older people in long-term care homes. Unresolved conflicts in the region negatively Health care workers and care home workers affected freedom of movement and rights were infected and died at a greater rate than such as to health. Armed conflict between the rest of the population, sometimes owing Armenia and Azerbaijan saw all sides use to a failure to provide adequate and sufficient banned cluster munitions on civilian areas, PPE. As of September, as per available data, and commit war crimes. the highest rate of death among health The space for human rights defenders workers was in the UK, Russia, Italy, shrank, through restrictive laws and a Kyrgyzstan, and Spain. The pandemic pandemic-related reduction in funding. highlighted the weakened state of many Support organizations reported spikes in western European health care systems after domestic violence during COVID-19 years of austerity measures, and the chronic lockdowns, while such measures limited under-resourcing of health systems in eastern access to services. Europe and Central Asia. The pandemic also worsened the already COVID-19–related lockdown measures had precarious situation of refugees and an immediate impact on the economy and migrants. Several countries delayed or workers’ rights. Many workers, especially suspended asylum requests, and many those in informal employment, experienced refugees and migrants were particularly at barriers to accessing social security schemes,

Amnesty International Report 2020/21 41 including furlough, sick leave and other lockdown measures and the wearing of income-supporting mechanisms. Particularly masks, but the human toll of the virus affected were gig workers, seasonal workers, underlined the importance of science and cleaners, care home workers, and sex facts. President Alyaksandr Lukashenka in workers. The pandemic revealed the Belarus, for example, defied both when he essential role of migrant workers in the dismissed COVID-19 as a “psychosis”. agricultural and other sectors, as some A record number of countries (10 at mid- governments such as the UK and Germany year) derogated from provisions of the flew them in at the peak of the first lockdown, European Convention on Human Rights, and others such as Spain, Italy and Portugal several for extended periods of time. While quickly regularized some. under certain conditions countries can In many countries, people of colour and derogate from some of their human rights ethnic minority origin had disproportionately obligations in times of crisis, restrictions must high rates of infection and death. This be temporary, necessary and proportionate. reflected multiple challenges faced by these The enforcement of lockdowns and other populations, including barriers to adequate COVID-19 related public health measures health care and a higher incidence of disproportionately hit marginalized individuals underlying health conditions, exacerbated by and groups who were targeted with violence, poverty, systemic racism and discrimination. discriminatory identity checks, forced Authorities generally failed to fulfil early quarantines and fines. Such practices promises to release older prisoners and highlighted institutional racism, detainees or juveniles, women with children discrimination and the lack of accountability or those with underlying health conditions. A regarding allegations of unlawful use of force tragic consequence was the death on 25 July by law enforcement officials. Roma and – reportedly of pneumonia – of Kyrgyzstani people on the move, such as refugees and and of asylum-seekers, were placed under Azimjan Askarov. He had been discriminatory “forced quarantines” in sentenced to in 2010 on Bulgaria, Cyprus, France, Greece, Hungary, false charges and repeated calls had been Russia, Serbia, and Slovakia. Monitors made for his release including due to the recorded the unlawful use of force by law COVID-19 risk to his health. enforcement officials together with other Governments must investigate the violations in Belgium, France, Georgia, disproportionate deaths in settings such as Greece, Italy, Kazakhstan, Kyrgyzstan, care homes, and failures to provide Poland, Romania and Spain. In Azerbaijan, adequate PPE. Equal access to vaccines arrests on politically motivated charges within and across countries is also urgent, intensified under the pretext of containing the and co-operation between states imperative, pandemic, and government critics were to ensure that treatment and vaccines are arrested, when in March the President acceptable, affordable, accessible and declared he would “isolate” and “clear” the available to all. opposition. In contexts where freedoms were already severely circumscribed, 2020 saw several STATE OVERREACH countries restricting them even further. Close to one half of all countries in the region Russian authorities moved beyond imposed states of emergency related to organizations, stigmatizing individuals also as COVID-19. Governments restricted not only “foreign agents” and clamped down further freedom of movement, but also other rights on single person pickets. The authorities in such as freedoms of expression and peaceful Kazakhstan and Uzbekistan adopted or assembly. Some political movements sought proposed new restrictive laws on assemblies. to hijack human rights discourse in opposing When allegations of election fraud prompted

42 Amnesty International Report 2020/21 mass protests, police in Belarus responded use of predictive technologies at the expense with massive and unprecedented violence, of freedom of expression and the right to torture and other ill-treatment. Independent privacy, fair trial and non-discrimination. voices were brutally suppressed as arbitrary Governments must cease using the arrests, politically motivated prosecutions and pandemic as a pretext to crack down on other reprisals escalated against opposition dissent, rein in police overreach, ensure candidates and their supporters, political and accountability for misconduct, and stop the civil society activists and independent media. slide into surveillance states. While the need for timely, accurate, science-based information was urgent to combat the pandemic, a number of UNDERMINING JUDICIAL governments imposed unjustified restrictions INDEPENDENCE on freedom of expression and access to information. Governments misused existing In a number of countries, governments and new legislation to curtail freedom of continued to take steps that eroded the expression in Armenia, Azerbaijan, Belarus, independence of the judiciary. One common Bosnia and Herzegovina, France, Hungary, measure was to discipline judges or interfere Kazakhstan, Poland, Romania, Russia, with their appointment or the security of their Serbia, Tajikistan, Turkey, Turkmenistan and tenure, for demonstrating independence, Uzbekistan. criticizing the authorities, or passing Governments took insufficient measures to judgments that went against the wishes of the protect journalists and whistle-blowers, government. including health workers, at times targeting In Poland, Parliament adopted a new law those who criticized government responses to prohibiting judges from questioning the COVID-19. This was the case in Albania, credentials of judges appointed by the Armenia, Belarus, Bosnia and Herzegovina, President at the Disciplinary Chamber of the Hungary, Kazakhstan, Kosovo, Poland, Supreme Court. The state initiated Russia, Serbia, Turkey, Ukraine and disciplinary proceedings in August against Uzbekistan. In Tajikistan and Turkmenistan, 1,278 judges who had asked the OSCE to medical and essential workers did not dare monitor the presidential election. Despite an speak out against already egregious freedom April decision by the Court of Justice of the of expression restrictions. In Turkey, the EU (CJEU) requiring the Polish government government orchestrated troll armies and to immediately suspend its new system of imposed online restrictions and mis- disciplinary proceedings against judges, the navigations to distract from certain websites, authorities refused to implement this ruling. accounts and inconvenient information. In Hungary, senior members of the Some governments conflated the public government contested final judgments in health crisis with national security concerns, official government communications and in such as in Hungary. In France and Turkey, the media, delaying their execution. In for example, national security legislation was Turkey, the Council of Judges and rushed through in expedited proceedings, Prosecutors initiated disciplinary proceedings while governments in Russia and elsewhere against the three judges who acquitted the bolstered surveillance capabilities, hoarded Gezi trial defendants, following the and sometimes disclosed personal data, President’s criticism of the acquittal decision. posing a long-term threat to privacy and other The authorities in Turkey also undermined rights. The EU’s Counter-Terrorism Agenda, fair trial guarantees by taking steps to control launched in December, promised to harness associations and targeting lawyers for the power of technology to keep people safe their professional activities. In July, from violent attacks. But the Agenda would Parliament passed a law changing the vastly expand surveillance capacity and the structure of the bar associations, weakening

Amnesty International Report 2020/21 43 their ability to voice concerns about issues affecting medical provisions to the local such as the lack of independence of the population. In Ukraine both government judiciary and human rights. In September, 47 forces and those of Russian-backed lawyers were detained by police on suspicion separatists in the east of the country imposed of “membership of a terrorist organization”, restrictions on travel across the contact line, based solely on their work. Also, in often appearing as reciprocal measures, with September, the Court of Cassation upheld the the number of crossings dropping from a prison sentences of 14 lawyers prosecuted monthly average of one million to tens of under terrorism-related charges. thousands by October. These and COVID-19 In Russia and in much of restrictions meant that scores of people and Central Asia, violations of the right to a suffered family separation, and lack of access fair trial remained widespread and the to health care, pensions and workplaces. authorities cited the pandemic to deny Older people and vulnerable groups were detainees meetings with lawyers and prohibit among those most severely affected. public observation of trials. During Belarus’ The most serious clashes were in human rights emergency all semblance of September when heavy fighting erupted adherence to the and between Azerbaijan and Armenia and accountability was eroded: not only were Armenian-supported forces in Azerbaijan’s killings and torture of peaceful protesters not breakaway region of Nagorno-Karabakh. investigated, but authorities made every effort More than 5,000 deaths resulted. All sides to halt or obstruct attempts by victims of used heavy explosive weapons with wide-area violations to file complaints against effects in densely populated civilian areas, perpetrators. including ballistic missiles and notoriously Governments must ensure respect for the inaccurate rocket salvos. These rule of law, protect the independence of the caused civilian deaths, injuries and judiciary and uphold fair trial guarantees. widespread damage to civilian areas. Cluster munitions banned under international humanitarian law were deployed on HUMAN RIGHTS IN Stepanakert/Khankendi, the capital of CONFLICT ZONES Nagorno-Karabakh, and on Barda city in an area under Azerbaijan government control. Conflicts in countries of the former Soviet Both Azerbaijani and Armenian forces Union continued to hold back human committed war crimes including extrajudicial development and regional co-operation, and execution, torture of captives and desecration lines of contact along unrecognized territories of corpses of opposing forces. constrained the rights of residents on both All parties to the conflicts must fully sides. respect international humanitarian law and In Georgia, Russia and the breakaway protect civilians from the effects of territories of and / hostilities. Any restrictions on freedom of Region continued to restrict movement should be strictly necessary, freedom of movement with the rest of the dictated by genuine security and military , including through the further considerations, and proportionate. installation of physical barriers. Crossing points shut in 2019 remained closed, and at least 10 residents were said to have died HUMAN RIGHTS after being refused permission for medical DEFENDERS transfer to the rest of Georgia. In Moldova, the de facto authorities in the unrecognized Some governments further limited the space Transdniestria region introduced restrictions for human rights defenders and NGOs on travel from government-controlled territory, through restrictive laws and policies, and

44 Amnesty International Report 2020/21 stigmatizing rhetoric. This trend accelerated Governments must halt the stigmatization during the pandemic, which thinned the of NGOs and human rights defenders and ranks of civil society through financial ensure a safe and enabling environment in attrition, as funding streams from individuals, which it is possible to defend and promote foundations, businesses and governments human rights without fear of punishment, dried up as a consequence of COVID-19- reprisal or intimidation. related economic hardship. Turkey continued to repress and harass NGOs, human rights defenders and RIGHTS OF WOMEN AND dissenting voices, while failing to implement a LESBIAN, GAY, BISEXUAL, key European Court of Human Rights judgment calling for the immediate release of TRANSGENDER AND unjustly detained civil society activist . The governments in Kazakhstan and INTERSEX (LGBTI) PEOPLE Russia continued moves to silence NGOs Progress on combating domestic violence through smear campaigns, and tax stalled – and even reversed – in many authorities in Kazakhstan threatened over a countries. The year saw no new signatures or dozen human rights NGOs with suspension ratifications to the Council of Europe based on alleged reporting violations around Convention on Preventing and Combating foreign income. In Russia peaceful Violence against Women and Domestic protesters, human rights defenders and civic Violence (the ). On the and political activists faced arrests and contrary, the Hungarian Parliament refused prosecution. In Kyrgyzstan proposed to ratify it, while the Polish Minister of Justice amendments to NGO legislation created announced plans to withdraw from the onerous financial reporting requirements. Convention and Turkey’s President mooted In the context of counter-terrorism, France the same idea. and Austria moved to dissolve a number of As many women were confined in their Muslim associations on the basis of homes with abusers under lockdown, support problematic procedures. Restrictive new organizations in a number of countries NGO legislation was mooted in Bulgaria, reported spikes in domestic violence, while Greece, Poland, and Serbia, while accessing support services became more governments in France, Italy, Malta and difficult. In Ukraine and many other countries elsewhere continued to obstruct and in Eastern Europe and Central Asia, strict sometimes criminalize the work of NGOs quarantine measures meant that many involved in rescuing or providing survivors could not access free legal aid humanitarian assistance to migrants and offered online as they continued to share asylum-seekers. living space with their abuser or could not In a positive development, the CJEU struck travel to shelters. Some governments in the down a 2017 restrictive NGO law in Hungary EU took special steps to assist victims during as being in breach of EU law. The year also the pandemic by renting hotel rooms instead saw the strengthening of social movements of sending women to shelters where the risk focussed on the environment, accountability, of infection was higher, or creating new women’s rights and anti-racism. Protesters helplines. Some countries, including Croatia, mobilized against contested election results Denmark, the Netherlands and Spain finally in Belarus, corruption in Bulgaria and took steps to improve their rape laws to make regressive moves by the new government in them consent-based. Slovenia. Thousands challenged a Under lockdown, some jurisdictions controversial security law proposed in France categorized abortion care as non-essential and a ruling further restricting access to safe medical treatment, placing new obstacles to abortion care in Poland. women’s sexual and reproductive health and

Amnesty International Report 2020/21 45 rights. While a legislative initiative to further countries delayed or suspended processing restrict access to abortion care in Slovakia asylum requests. Many refugees and narrowly failed, the Constitutional Tribunal in migrants were particularly at risk of COVID-19 Poland struck down a provision which as they lived in overcrowded, insalubrious allowed women to terminate a pregnancy in detention facilities, camps, or squats. The cases of fatal or severe foetal abnormality. most emblematic case was the Moria camp This move prompted mass protests by on the Greek island of Lesvos, where a fire women and allies in the country. Peaceful left 13,000 refugees and migrants without protesters were met with police violence and shelter. Border closures deprived seasonal faced administrative and criminal charges. workers and labour migrants of subsistence Meanwhile, 11 women’s rights activists in and their families of remittances, including in Greece were arrested and charged for Central Asia. breaching public health rules after staging a Pushbacks and violence at land and sea symbolic action against gender-based borders continued. In a cynical and violence. dangerous move, Turkey instrumentalized In several countries, religious and political refugees and migrants for political purposes figures used COVID-19 as an excuse for by encouraging them to travel from Turkey to engaging in advocacy of hatred against the Greece’s land border, sometimes even LGBTI community, blaming them for the facilitating their transport. In turn, the Greek pandemic. Monitors also reported COVID- authorities committed human rights violations related spikes in domestic abuse against against people on the move, including LGBTI people. Some countries used the excessive use of force, beatings, use of live pandemic as a pretext to restrict access to ammunition, and pushbacks into Turkey. hormone therapy and other medical Croatia continued forcible expulsions of treatment for trans people. A number of local asylum-seekers, often accompanied with governments in Poland declared themselves violence and abuse. Governments throughout to be “LGBTI-free zones” and incumbent southern Europe prohibited ships in the President engaged in advocacy Mediterranean from disembarking rescued of hatred against the LGBTI community migrants and refugees, leaving them during his campaign for re-election. At the stranded at sea for record periods of time. In end of the year, the Hungarian government a clear attempt to circumvent legal proposed a raft of legislation restricting LGBTI obligations against pushbacks, Italy, Malta rights. In a related development, the and the EU continued to co-operate with Romanian Parliament passed a law Libya, where disembarked migrants and prohibiting the teaching of gender studies, refugees were subjected to serious human which remained contested at the rights violations. The EU began to discuss a Constitutional Tribunal at the year’s end. new migration pact which continued the EU’s Governments must bolster support services main policy thrust of deterring migration for women and LGBTI victims of domestic rather than managing it in a human rights violence, remove obstacles to accessing compliant manner. sexual and reproductive rights, and combat Governments must expand the provision of discrimination against women and LGBTI safe and regular pathways of migration, people. particularly for persons in need of protection to come to Europe, including humanitarian visas, resettlement, RIGHTS OF REFUGEES AND community sponsorship and family MIGRANTS reunification. COVID-19 worsened the already precarious situation of refugees and migrants. Several

46 Amnesty International Report 2020/21 standards through businesses’ entire global PREVENTION OF CLIMATE value chains. In November, while a majority CHANGE AND CORPORATE of Swiss voters voted in favour of introducing a similar law, the initiative failed as it did not ACCOUNTABILITY receive the support of most cantons. In December, the decided Governments must accelerate inadequate to cut greenhouse gas emissions by at least timetables to reduce greenhouse gas 55% by 2030. While an advance from its emissions, reach zero-carbon emissions and previous, even more inadequate, pledge, this eliminate loopholes delaying climate action. target would still fail to reduce emissions at a They should condition any economic pace that avoids the worst human rights support measure to high-emitting impacts of the climate crisis and would put companies with time-bound commitments an excessive burden on developing countries. to phase out fossil fuels. EU legislators At national level, the vast majority must ensure laws effectively hold of European countries announcing net-zero businesses accountable for human rights emission targets continued only to commit to and environmental harm within their value reaching this by 2050. In order to refrain chain and provide victims with access to from causing significant harm to rights of remedy. people in and outside of Europe, they are required to aim for carbon neutrality well before this date. In addition, in most cases HUMAN RIGHTS AT HOME net-zero plans included loopholes that could AND IN THE WORLD delay climate action, together with measures that would be detrimental for the enjoyment Attacks on the European human rights of human rights. Several countries, framework continued in 2020. In the OSCE, such as France, Germany, Italy, Russia and states could not agree on the leadership of the UK allowed fossil fuel companies, the the key human rights institutions and allowed aviation industry and other carbon-polluting mandates to lapse for many months before companies to benefit from economic stimulus approving replacements. Council of Europe measures, such as tax rebates and loans, member states continued to delay the without any conditions to reduce their carbon implementation or selectively implement footprint. judgments of the European Court of Human There was a significant increase in climate Rights. A striking indicator of backsliding was litigation targeting governments and the growth in judgments finding a violation of corporations, with major new cases being Article 18 of the European Convention on filed in France (applying the recent ‘law of Human Rights, which prohibits using vigilance’), Germany, Poland, Spain and restrictions on rights for any purpose other the UK, among others, as well as a case than those prescribed by the Convention. by six Portuguese children and young Member states such as Azerbaijan, Russia adults to the European Court of Human and Turkey were found to have abusively Rights targeting 33 member states. The Irish detained or prosecuted individuals or Supreme Court required the government to otherwise restricted their rights. Article 18 adopt more ambitious emissions reductions violations should ring loud alarm bells: they targets, whereas the Swiss Federal Court indicate political persecution. rejected a similar claim. The EU continued to struggle to address Following years of pressure from civil the ongoing erosion of the rule of law in society and trade unions, the European Hungary and Poland, although it activated Commission began the process of proceedings against the two states for risking introducing a law obliging corporations to a serious breach of the union’s core values. respect human rights and environmental At the year’s end, EU member states agreed

Amnesty International Report 2020/21 47 to link EU funding, including COVID-19 recovery and climate-related funds, to compliance with the rule of law, but how this linkage could be triggered in the future remained unclear. Despite some important human rights-related judgments of the CJEU on the independence of the judiciary and attacks on NGOs, the failure of the EU to reverse or arrest the shrinking space for NGOs and migration-related human rights violations strained internal/external coherence and made it more difficult for the EU to engage credibly on human rights in foreign policy. In Eastern Europe and Central Asia, Russia and China continued to wield political, economic and sometimes military influence, and undermined the international human rights framework and the institutions mandated to protect it. Russia offered financial and media support to the Belarusian authorities as they waged a full-fledged violent assault on the population, and the EU, UN and regional human rights institutions were unable to muster political weight to halt the egregious violations. In Western Europe, Belgium, the , France and the UK were among those permitting arms sales to Saudi Arabia and the United Arab Emirates, despite the high likelihood that these arms would be used to commit human rights violations in the conflict in Yemen. Notwithstanding internal challenges, the EU and its member states remained important players in promoting human rights worldwide. In 2020, the EU took significant steps to boost its human rights policy, including by adopting a new Human Rights Action Plan. States must fulfil the treaty obligations they have chosen to take upon themselves and respect the human rights architecture of which they are a part. Where they have undertaken to respect the decisions of international human rights courts, they must implement those rulings.

48 Amnesty International Report 2020/21 several countries displaced hundreds of thousands of people from their homes. MIDDLE EAST AND Workers across the region faced summary dismissal or reduced wages as the NORTH AFRICA pandemic’s economic impact caused hardship. Migrant workers were particularly REGIONAL vulnerable given that the kafala (sponsorship) system ties their residency to employment in OVERVIEW many countries. Domestic violence increased, especially during national lockdown periods, and “honour” killings Governments across the region responded to continued with impunity. the COVID-19 pandemic by declaring states Authorities heavily repressed the rights of of emergency or passing legislation with lesbian, gay, bisexual, transgender and excessive restrictions on freedom of intersex people, arresting them for their real expression. People were prosecuted for their or perceived sexual orientation or gender legitimate criticism of their governments’ identity and subjecting some men to forced handed response to the pandemic. Health anal examinations. workers protested a lack protection at work, including inadequate protective gear and access to testing, but faced arrest and RIGHT TO HEALTH prosecution for raising concerns about Health workers in Tunisia and Morocco conditions of work and public health. organized protests against the lack of Governments discriminated in their adequate protection measures provided to responses to the pandemic, including in them, citing insufficient PPE, access to vaccine distribution. testing and failures to designate COVID-19 as The region’s human rights defenders an occupational disease. In Egypt and Iran, continued their work despite the high risk of health workers faced reprisals, including imprisonment, prosecution, travel bans or arrests, threats and intimidation for voicing other reprisals. Security forces used unlawful their concerns or other criticism of the lethal or less-lethal force that killed or injured authorities’ response. The Egyptian hundreds of people with impunity. authorities arrested at least nine workers who Overcrowding and insanitary conditions put expressed safety concerns or criticized the prisoners in the region at particular risk of government’s handling of the pandemic and COVID-19, a situation that was exacerbated detained them pending investigations into by inadequate health care and torture or “terrorism”-related charges and “spreading other ill-treatment in prisons. false news”. Parties to armed conflicts committed war The Syrian government failed to provide crimes and other serious violations of adequate protective gear or access to testing international humanitarian law. In the midst for health workers. In December, the Israeli of the pandemic, the authorities restricted Health Ministry distributed COVID-19 humanitarian aid, exacerbating the poor state vaccines exclusively to citizens and residents of health care systems which were already of Israel, including living in depleted. Other military powers fuelled illegally annexed East , violations through illicit arms transfers and discriminating against the nearly 5 million direct military support to combatants. Smaller Palestinians living under Israeli military countries continued to host over 3 million occupation in the West Bank and Gaza in refugees from Syria but a range of push violation of its obligation as occupying power factors forced many to return. Military to ensure preventive measures to combat the offensives and other fighting and insecurity in spread of epidemics. In southern Libya,

Amnesty International Report 2020/21 49 Tabus and Touaregs faced barriers in Lebanese authorities investigated dozens of accessing adequate health care as rival journalists or activists who had taken part in armed groups controlled access to major the October 2019 protest movement. In hospitals and, in some cases, because they Tunisia, nine social media users faced did not have identity documents. criminal investigation and, at times, brief Authorities should ensure that the health periods of detention for publishing Facebook care they provide, including preventive posts criticizing local authorities or the police. vaccines, is delivered without Regional governments continued to censor discrimination, that health care workers are the internet; the Egyptian and Palestinian adequately protected and that any authorities blocked access to websites, and restrictions on rights to combat the the Iranian authorities blocked social media pandemic are necessary and proportionate. channels. Governments invested in expensive digital surveillance equipment like that produced by the NSO Group, an Israeli FREEDOM OF EXPRESSION spyware company, to target human rights Governments across the region used the defenders. Amnesty International COVID-19 health crisis to justify further investigations revealed how the Moroccan clampdowns on freedom of expression, authorities used the NSO Group’s notorious thereby denying people the right to Pegasus software to target human rights information on the virus or to debate defender and academic Maati Monjib and government responses. The authorities in independent journalist Omar Radi, both of Algeria, Jordan and Morocco issued whom were arrested and faced prosecution or legislation citing a state of emergency that on trumped-up charges. In July, a criminalized legitimate expression about the court rejected a case brought by Amnesty pandemic. These were promptly International and others asking the Israeli implemented, with the authorities Ministry of Defense to revoke the NSO prosecuting people for “spreading false Group’s security export licence. news” or “obstructing” government Governments must release all prisoners of decisions. In Bahrain, Iran, Oman and Saudi conscience immediately and Arabia judicial authorities dedicated teams to unconditionally, halt all investigations or prosecuting people for spreading “rumours” prosecutions related to peaceful online or about the pandemic that disturb public offline expression, and stop blocking opinion. Authorities in Egypt and Iran websites without due process. As a priority, arrested or otherwise harassed journalists authorities should repeal subjective and social media users for questioning the provisions that criminalize “insult” and official narrative around COVID-19. Shorter- must decriminalize . term arrests or criminal investigations occurred in Jordan and Tunisia for criticizing the government or local authorities’ handling HUMAN RIGHTS of the crisis. DEFENDERS AND FREEDOM Across the region, authorities used overly broad and subjective Penal Code provisions, OF ASSOCIATION criminalizing “insult” to silence online Human rights defenders continued to pay a criticism of the authorities and leading to heavy price for their bravery. The authorities harsh prison sentences including against the tried to silence and punish them for their writer Abdullah al- in Saudi Arabia, who work, using various tactics. The Israeli was sentenced to seven years. Journalists in authorities used raids, judicial harassment Egypt and Libya faced prosecution and and travel bans against critics of the military imprisonment for their work and additionally, occupation, including Amnesty International in Iran, one journalist was executed. The employee Laith Abu Zeyad whose travel ban

50 Amnesty International Report 2020/21 was upheld by the Jerusalem District Court in protesters faced arrest, beatings and, at November. The Iranian authorities unlawfully times, prosecution for participating in closed businesses or froze assets of human protests. In Iraq, federal security forces rights defenders and carried out reprisals arrested thousands of protesters in the first against their relatives, including their children few months of the year. Regional or parents. In Egypt, security forces arrested Government officials cited COVID-19 as three staff members from the Egyptian justification for dispersing protesters in May Initiative for Personal Rights and, in a rare in the city of Dohuk and charged them with move, released them weeks later, following a “misusing electronic devices” in organizing a global campaign. At the same time, judicial protest. authorities arbitrarily added at least five Security forces throughout the region used human rights defenders to “terrorists lists” for force to disperse protests, including through five years. Virtually all Saudi Arabian human use of less-lethal weapons. The force used rights defenders were in exile or imprisoned. was frequently unlawful, often because it was In December, a court sentenced women’s unnecessary or excessive, and weapons were rights defender Loujain al-Hathloul to five used in a manner they were not designed for. years and eight months in prison. In Iraq, security forces used live ammunition The Algerian authorities passed legislation and military-grade tear gas grenades, killing further restricting freedom of association, dozens of protesters in , , introducing a 14-year prison sentence for Karbala, Diyala, and Nasriya. In receiving foreign funding to undermine “the Lebanon, security forces used rubber pellets fundamental interests of Algeria”. The in a shoot-to-harm manner in January and Moroccan authorities arrested Maati Monjib February, injuring hundreds of protesters. In in December and investigated him on Tunisia, police used unnecessary and charges related to the receipt of foreign excessive force when dispersing a peaceful funding. protest in the southern of In June, , head of the Tataouine, recklessly firing tear gas in densely outlawed Bahrain Centre for Human Rights, populated residential areas with canisters was released on probation, after serving a landing inside homes and near a hospital. In four-year prison sentence for a post in Iran, security forces fired pointed pellets, which he criticized the government’s human rubber bullets and tear gas, beating and rights record. arresting scores of peaceful protesters. States must recognize their obligations to As economic hardship increased, sporadic respect and guarantee the right to defend protests took place later in the year against human rights by ensuring that human rights worsening living conditions in a number of defenders are able to work free from countries. In Libya, there were rare protests arbitrary arrest and prosecution, threats, in the east and west against corruption and attacks and harassment. Authorities must unaccountable militias and armed groups, respect the right to freedom of association who responded to protests by abducting and remove arbitrary restrictions on civil protesters and using live ammunition against society organizations. them, killing at least one man. In the city of Sulaymaniyah in northern Iraq, protests against unpaid wages and corruption were PROTESTS AND THE met with live ammunition by Kurdish UNLAWFUL USE OF FORCE authorities leading to scores of deaths. In Egypt, rare protests led to the arrests of Protest movements in Algeria, Iraq and hundreds of protesters and bystanders who Lebanon continued to organize in the first few remained in detention pending investigations months of the year until the spread of into "terrorism" and protest-related charges. COVID-19 led to their suspension. Peaceful

Amnesty International Report 2020/21 51 Authorities should ensure that their law complications and, in some cases, denial of enforcement officers comply with adequate health care. international standards on the use of Torture or other ill-treatment in state firearms and less-lethal weapons, custody continued in at least 18 countries, investigate the unlawful use of force and particularly during the interrogation phase to hold law enforcement officers to account. extract “confessions”. Across the region, States should always uphold the right to courts convicted defendants on the basis of freedom of peaceful assembly. torture-tainted evidence. Prison officials in Bahrain, Egypt, Iran and Morocco used prolonged and indefinite solitary DETENTION CONDITIONS confinement, itself often amounting to AND TORTURE torture, to punish prisoners for their political views or speech or to extract “confessions”. Prisoners in several countries were at Authorities should prioritize medical care heightened risk of contracting COVID-19 due and overcrowding in prisons. To counter the to overcrowding, insanitary conditions and spread of COVID-19, they should release all poor ventilation in conditions that amounted those arbitrarily detained or detained to torture and other cruel and inhuman without necessity, such as pre-trial treatment. Overcrowding was common detainees. Judicial officials should because of arbitrary detention practices, investigate torture and other ill-treatment in including prolonged pre-trial detention places of detention as well as punitive ill- without effective appeal, as in Egypt for treatment in prisons, including the use of example, or , such as prolonged , and end the in Israel and Palestine. In Morocco, the use of torture-tainted statements in legal authorities increased the prison population proceedings. when they imprisoned people solely for breaching pandemic-related measures. Prison visits were banned during national IMPUNITY AND ACCESS TO lockdowns and sometimes beyond, for JUSTICE example in Bahrain and Egypt. Prisoners were not provided with alternative means to Across the region, security forces enjoyed communicate with their families. impunity for human rights violations, In Egypt, prison officials failed to distribute especially for the unlawful use of lethal or adequate sanitation products or to introduce less-lethal force and torture. In June, the testing and isolation measures and punished Iranian authorities revealed for the first time prisoners who raised safety concerns. In Iran, the official figures for those killed during the where prison authorities themselves November 2019 protests, but continued to acknowledged the lack of resources cover up the real death toll , and publicly to respond to the pandemic, security forces praised security and intelligence forces for responded to prison protests and riots calling their role in the crackdown. In Iraq, the new for better protection from COVID-19 with Prime Minister’s promises to investigate the unlawful force, including by using live killing of hundreds of protesters and to ammunition, pellets and tear gas, in some compensate their families were not realized. cases leading to killings. Prison health care In Lebanon, judicial authorities failed to was often inadequate and in Egypt, Iran and investigate over 40 complaints of torture and Saudi Arabia, prisoners with a political the unlawful use of less-lethal weapons that background were sometimes deliberately had caused hundreds of injuries to protesters denied health care as a punishment. In between 2019 and 2020. In Egypt, Egypt, at least 35 detainees died in prison or prosecutors routinely failed to effectively shortly after release, following medical investigate torture and enforced

52 Amnesty International Report 2020/21 disappearance complaints, with the rare investigation into crimes under international exception of deaths in custody in non- law. political cases like that of shop owner Islam Israel continued to impose institutionalized al-Australy who died two days after his arrest discrimination against Palestinians living in September. under its rule in Israel and the OPT, There were some steps towards displacing at least 996 Palestinians in Israel accountability, often a long struggle, at the and the occupied West Bank through home international level. In June, the UN Human demolitions. Rights Council established a fact-finding National judicial authorities should hold mission to investigate violations and abuses members of security services to account for of international human rights law and abuses, to ensure judicial oversight of the international humanitarian law committed by executive, and uphold due process all parties to the conflict in Libya since 2016. standards without recourse to the death In December, seven UN experts wrote to the penalty. Iranian government warning that past and ongoing violations related to prison massacres in 1988 may amount to crimes VIOLATIONS IN ARMED against humanity and that they would call for CONFLICT an international investigation if these violations persisted. The lives of civilians in Iraq, Libya, Syria and Ten years after its revolution, Tunisia’s Yemen continued to be afflicted by years of transitional justice process continued, with armed conflict, where fluctuating levels of the government finally publishing the Truth violence by state and non-state parties to and Commission’s concluding report these conflicts reflected shifting alliances on and establishing a reparations fund. Dozens the ground and the interests of external of trials continued before dedicated criminal military powers. Multiple parties in the courts but security force and police unions conflicts committed war crimes and other continued to boycott the process while serious violations of international accused officers refused to respond to court humanitarian law. Some carried out direct summons. attacks against civilians or civilian In countries including Egypt, Iran, Israel infrastructure. In Libya, armed groups and and the Occupied Palestinian Territories militias continued to attack medical facilities (OPT), Libya, Saudi Arabia and Syria, and abduct health workers. Al-Khadra exceptional courts, such as military, General Hospital in the capital, , revolutionary and security courts, were used designated by the Health Ministry to treat extensively, and trials grossly violated fair trial COVID-19 patients, was shelled in April and standards. Trials before ordinary criminal May. Syrian and Russian government forces courts were often equally problematic, with carried out direct attacks on civilians and mass trials continuing to take place. In some civilian objects, including hospitals and countries, notably Egypt, Iran, Iraq and Saudi schools, through the aerial bombing of cities Arabia, the death penalty was imposed and in the of Idlib, and implemented following grossly unfair trials. . Israel continued to carry out systematic Almost all parties to the fighting in the violations, including crimes under region carried out indiscriminate attacks that international law, against Palestinians with killed and injured civilians in the form of air impunity. A pre-trial chamber at the strikes and shelling of residential areas with International Criminal Court was still looking artillery, mortars and rockets. The transfer of at the question of the court’s jurisdiction in weapons used to commit war crimes and the OPT, the result of which may allow for the other violations continued. The United Arab Office of the Prosecutor to open an Emirates (UAE) continued to illicitly divert

Amnesty International Report 2020/21 53 weapons and military equipment to militias in Yemen. In Libya, countries including Russia, RIGHTS OF REFUGEES, Turkey and the UAE, continued to supply ASYLUM-SEEKERS, their allies with arms and military equipment, including banned anti-personnel mines in MIGRANTS AND violation of the UN arms embargo. Turkey and the UAE directly intervened in hostilities INTERNALLY DISPLACED through airstrikes which killed civilians and PEOPLE people not directly participating in hostilities. In Syria, Russia maintained its direct support Already at heightened risk due to of military campaigns by government forces overcrowding, refugees, migrants that violated international law, while Turkey and internally displaced people (IDPs) living backed armed groups that engaged in in camps were hit hard by movement abductions and summary killings. restrictions imposed to prevent the spread of Some actors continued to restrict COVID-19, limiting their access to humanitarian access as a tactic, exacerbating employment outside the camps and the socio-economic hardship and particularly ability of humanitarian workers to deliver aid. undermining the access of affected civilians The of attacks on civilians and to health care during the pandemic. In civilian infrastructure in northwest Syria Yemen, all parties to the conflict arbitrarily increased the population of already restricted humanitarian assistance, further overstretched IDP camps close to the Turkish worsening the state of the already depleted border by nearly 1 million people. In Iraq, the health care system, which had only 50% of authorities closed at least 10 IDP camps, its hospitals and other medical facilities subjecting tens of thousands of people to operating. The Syrian government continued secondary displacement and, for those to impede access to UN humanitarian aid perceived to have ties to the armed group agencies and -based international calling itself Islamic State, the risk of arbitrary NGOs, so that the UN Security Council- detention and enforced disappearance. authorized mechanism for cross-border aid Jordan, Lebanon and Turkey continued to from Turkey remained the only lifeline for host most of the 5 million refugees who had some communities, although the number of fled Syria since the start of the crisis in 2011, crossing points was reduced from four to two. illustrating the failure of the international In Gaza and southern Israel, sporadic community to share the burden of bursts of armed hostilities flared up between responsibility. In Jordan, Syrian refugees Israel and Palestinian armed groups. Israel were among those most affected by the maintained its illegal blockade on the Gaza national lockdown due to their largely Strip. informal employment and a lack of written Parties to armed conflicts must abide by contracts, social security and health international humanitarian law. In particular insurance cover or valid work permits. they must end direct attacks against In Libya, the suffering of refugees, asylum- civilians or civilian infrastructure and seekers and migrants was compounded by indiscriminate attacks, and refrain from the economic impact of COVID-19, border using explosive weapons with wide-area closures and movement restrictions. State effects in civilian areas. Military powers and non-state actors subjected them to must halt arms transfers where there is a indefinite arbitrary detention, abductions, significant risk that they will be used in unlawful killings, torture and other ill- violation of international law, as was the treatment, rape and other sexual violence, case in the ongoing conflicts in the region. and forced labour. Thousands were forcibly disappeared upon disembarkation by the EU- supported Libyan Coast Guard, while at least

54 Amnesty International Report 2020/21 6,000 were expelled from eastern Libya kind and cash assistance was limited to without due process. country nationals, for example in Jordan, Authorities continued to arrest and detain where only daily workers who were Jordanian undocumented migrants, often without legal were eligible. Thousands of migrant workers grounds. Algerian authorities denied detained who lost their jobs also lost their residency migrants any access to legal recourse, status, and were therefore at risk of arrest, sometimes for months, expelling over 17,000 detention and deportation. Those wishing to of them. In Tunisia, a group of 22 migrants leave the country often could not do so won a case challenging their detention in because of COVID-19-related travel Ouardia Center and the Ministry of Interior restrictions. Governments, including in complied by releasing them gradually. Kuwait and Saudi Arabia, extended residency Governments must halt the direct and permits or announced amnesties for permit constructive refoulement of refugees and violators, allowing them to leave the country asylum-seekers to Syria and other countries, without paying fines if they had no debts or while western and other states must take a ongoing court cases. much greater share of their responsibilities, Reforms to improve protection for migrant including through resettlement. workers were announced in several countries, particularly in the Gulf, where they constituted a high proportion of the WORKERS’ RIGHTS workforce. In Oman and Qatar, the authorities The economic impact of the pandemic led to made legislative changes to allow migrant widespread job losses across the region. In workers to change jobs without their Egypt, tens of thousands of private sector employers’ permission. In Kuwait, the workers were dismissed, forced to accept authorities prosecuted at least three cases of reduced wages, work without protective physical abuse by employers against migrant equipment or take open-ended unpaid leave. domestic workers as well as cases of human Workers and trade unionists often faced trafficking and illegal visa traders. arrest solely for exercising their right to strike. Governments should ensure that workers’ In Jordan, a protracted dispute between the rights are upheld, that they protect the right government and the teachers’ union was to strike, extend protections to exacerbated by the government’s decision to migrant workers, including migrant freeze public sector pay until the end of 2020 domestic workers, and abolish the kafala due to COVID-19, which was met by new system. protests in August. Jordanian police raided 13 union branches, arrested dozens of union and board members and a court ordered the WOMEN AND GIRLS’ union’s dissolution. RIGHTS The pandemic aggravated the already vulnerable position of migrant workers whose Women’s rights organizations, helplines or employment was governed by the kafala shelters for survivors of violence reported an system in Bahrain, Jordan, Kuwait, Lebanon, increase in calls for help due to domestic Oman, Qatar, Saudi Arabia and the UAE. violence, and requests for emergency shelter Inadequately protected from abuse by their during national lockdown periods, including employers and agents, migrant workers faced in Algeria, Iraq, Jordan, Morocco and Tunisia. arbitrary dismissals and unpaid wages and “Honour” killings continued in Iraq, Jordan, were also at heightened risk of COVID-19, Kuwait and Palestine where the authorities due to insanitary conditions and failed to take action to prosecute the overcrowding in camps or shelters. They perpetrators. In Libya, state and non-state rarely had access to social protection or actors subjected women and girls to alternative employment since emergency in- gendered abuse, intimidation online,

Amnesty International Report 2020/21 55 abduction and assassination, as in the case countries, forced anal examinations, a of lawyer Hanan al-Barassi in Benghazi. In practice amounting to torture, took place to Iran, the “morality” police enforced gather evidence of same-sex sexual conduct discriminatory forced veiling laws by in the case of . Criminal courts subjecting women and girls to daily continued to treat consensual same-sex harassment and violent attacks. sexual relations as a , often sentencing Women continued to face entrenched men, and sometimes women, either under discrimination in law, including in relation to public decency or dedicated provisions. marriage, divorce, child custody, inheritance Algerian police arrested 44 people for a party and, in Saudi Arabia and Iran, employment they described as a “homosexual wedding”, and political office. The suspension of court and a court later sentenced the hosts and all proceedings during lockdowns had an guests to three years and one year in prison, adverse impact on women’s access to a respectively, for “inciting homosexuality” and remedy, including in prosecutions of violence “debauchery”. Tunisian courts convicted at against women in Morocco. least 15 men and one woman under Article In Egypt, an online campaign by young 230 of the Penal Code, which criminalizes feminists led to the arrest of several men “”. In Libya, Al-Radaa Forces accused of rape, resulting in one trial, but the continued to detain men for their perceived authorities also arrested survivors and sexual orientation or gender identity, and witnesses who had testified in these cases. At tortured and otherwise ill-treated them. least nine women social media influencers in Governments must release all those Egypt were prosecuted on charges of detained for their real or perceived sexual “violating family principles” for their videos orientation and drop all charges against on TikTok. those facing prosecution. Legislative In a positive step, the Kuwaiti Parliament authorities must repeal provisions approved a bill criminalizing domestic criminalizing consensual same-sex sexual violence, offering further protections for relations, scrap anal examinations and victims of domestic violence as well as legal enact legislation prohibiting discrimination and medical services. on the basis of sexual orientation or gender In addition to addressing long-standing identity. discrimination against and practice, authorities should publicly condemn all forms of violence against women. They should prioritize policies to ensure that women and girls who are victims of violence are accorded an effective remedy and that their abusers are held to account. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PEOPLE Throughout the region, LGBTI people faced harassment, arrest and prosecution, on the basis of their real or perceived sexual orientation or gender identity. In some

56 Amnesty International Report 2020/21 AMNESTY INTERNATIONAL REPORT 2020/21 A-Z COUNTRY ENTRIES

soldiers. However, under pressure from the USA they too were released; a few who were accused of killing foreign citizens were AFGHANISTAN subsequently transferred to Qatar. Eventually, Islamic Republic of Afghanistan more than 5,000 Taliban prisoners were and government: Mohammad Ashraf released, including prisoners accused of Ghani serious crimes. The US-Taliban peace agreement deferred The current conflict in Afghanistan entered the question of a political settlement in its twentieth year and continued to claim Afghanistan to direct talks between large numbers of . Attacks representatives of the Afghan government by the Taliban and other armed groups and various mainly political groups on one deliberately targeted civilians and civilian side, and representatives of the Taliban on objects in violation of international the other. The so-called “intra-Afghan talks” humanitarian law; sites that were attacked began in September in Doha, Qatar. There included a maternity hospital and was little representation of women on the side educational institutions. There was no of the Afghan government, and no accountability for these crimes as impunity representation of women in the Taliban persisted. Women and girls continued to . There was also no representation face violence, harassment and intimidation. of conflict victims, despite the demands of Violence against children persisted. Afghan human rights groups. By December, the asylum-seekers continued to be forcibly negotiating teams had only agreed on an returned to Afghanistan, particularly from internal guiding principle for the negotiation Iran where some had been attacked by the processes. Iranian security forces. The Afghan Government established a Joint Commission ARMED CONFLICT for protection of human rights defenders Despite the peace talks, the armed conflict and civil society activists in Afghanistan; continued to see civilians injured and killed the Commission will work under the Second throughout the year and a rise in the number Vice-President Mohammad Sarwar Danish, of people internally displaced. According to and the members include activists and the the UN Assistance Mission in Afghanistan Afghanistan Independent Human Rights (UNAMA), 2,177 civilians were killed and Commission. 3,822 wounded between 1 January and 30 September. Although the figures represented BACKGROUND a 30% reduction in civilian casualties In February the Afghan Taliban signed a compared with the same period in 2019, the peace agreement with the USA ahead of a number of civilian deaths remained proposed withdrawal of US troops. The almost the same. agreement included a pledge to release “up UNAMA reported that the Taliban was to 5,000” Taliban fighters held in Afghan responsible for 45% of the civilian casualties, government prisons from a list initially given and the armed group calling itself the Islamic to the USA, in exchange for 1,000 members State in Khorasan was responsible for 7% of of the Afghan security forces held by the the civilian casualties between 1 January and armed group. The Afghan government 30 September. Armed groups were resisted releasing 400 fighters from the list, collectively responsible for the deliberate who were alleged to be responsible for targeting and killing of civilians, including serious crimes. The proposed release of teachers, health workers, humanitarian certain Taliban fighters also triggered workers, judges, tribal and religious leaders, concerns from France and Australia as it and state employees. The attacks included included those responsible for killing their violations of international humanitarian law,

58 Amnesty International Report 2020/21 including war crimes, with civilians and who was poised to lead an investigation into civilian objects deliberately targeted. In May, war crimes and crimes against humanity by a maternity hospital in the Dasht-e-Barchi all parties to the conflict since 2003. in the west of the capital, Kabul, was attacked by gunmen. They killed RIGHT TO HEALTH 24 people, including new-born babies, Afghanistan’s weak health care infrastructure pregnant women and health workers. No was overwhelmed when COVID-19 swept group claimed responsibility for the attack. across the country. A total of 52,011 cases Pro-government forces were responsible and 2,237 deaths were recorded, which for more than a quarter of all deaths and almost certainly did not represent the true injuries between 1 January and 30 scale of infection in the country. In most September, with 602 people killed and 1,038 Afghan there was no possibility of injured. These included 83 people killed and receiving a COVID-19 test, and samples were 30 injured by international military forces. transported to the capital. The government’s According to UNAMA, the number of civilian response – implemented with the support of casualties attributed to the Afghan National international donors – was sharply criticized, Army had increased in comparison to the with allegations of corruption, and people previous year, mainly from airstrikes and with the greatest need of assistance being left ground engagements. UNAMA said violence behind. During quarantine, there were many increased in the lead-up to the peace talks. reported cases of poor households having not Children continued to be recruited for been included in lists for the distribution of combat, particularly by armed groups and bread because they were not members of the the Afghan security forces – pro-government community , while those who were militias and local police – and faced multiple relatively better off received bread. abuses, including sexual abuse. Afghanistan Internally displaced people, who were continued to be, according to UNAMA, “one already living in precarious conditions before of the deadliest countries in the world for the pandemic, faced particular difficulties in children”, with both pro-government and accessing health care and basic amenities. anti-government forces responsible for more Across the country, the number of people than 700 child casualties each. In October, living in poverty remained high, at 55% of the First Vice-President Amrullah Saleh population, and this figure was predicted to announced ordering the arrest of an rise because of economic slowdown caused individual who reported civilian casualties in by the pandemic. an Afghan government air strike on a school, which had killed 12 children. Later, the REFUGEES AND INTERNALLY provincial governor’s spokesperson DISPLACED PEOPLE reported that he was removed from his Iran, Pakistan, Turkey and EU countries position for reporting on child civilian continued to forcibly return migrants and causalities caused by the Afghan security asylum-seekers to Afghanistan, in violation of forces. the principle of non-refoulement. These returns, which slowed for a period during the IMPUNITY pandemic, were alarming in light of the The peace agreement between the USA and health care situation in Afghanistan, the the Taliban made no mention of human rights unabated conflict, and high levels of poverty. or of women. Under the agreement, impunity The Iranian authorities forcibly returned was preserved for serious crimes under nearly 700,000 people between 1 January international law by all parties. In September, and 31 October. Iranian border forces were the US administration cemented this position also responsible for attacks on Afghan by imposing sanctions, including asset migrants, including cases of torture and freezes, against the Prosecutor of the ICC, drowning in May and an arson attack on a

Amnesty International Report 2020/21 59 vehicle carrying migrants in June. The provincial and local governments remained attacks were not investigated, and no action largely restricted, particularly in the social was taken against the perpetrators. protection and education sectors. The few According to the International Organization faced intimidation, for Migration, there were 4 million people harassment and discrimination. They were internally displaced in Afghanistan in 2020, not able to access office resources on an increase from 1.2 million in 2016 and half equitable terms with male colleagues and a million in 2013. Throughout this time, were often denied overtime work and internally displaced people languished on the payment. Women were further denied brink of survival, in many cases living in adequate opportunities in decision-making densely populated camps and facing roles and the attacks they faced while constant difficulties accessing clean water, working in government offices were rarely health care and employment. Their situation investigated, with impunity persisting for the deteriorated further as a result of the perpetrators. COVID-19 pandemic. CHILDREN’S RIGHTS WOMEN’S AND GIRLS’ RIGHTS Children continued to face harassment and Violence against women and girls sexual violence. Despite the sexual abuse of Women and girls continued to face gender- children being well-publicized, and the based discrimination and violence throughout abusive practice of “bacha bazi” (male Afghanistan, especially in areas under children being sexually abused by older men) Taliban control, where their rights were being criminalized in 2018, the authorities violated with impunity and violent made little effort to end impunity and hold “punishments” were meted out for perceived perpetrators accountable. transgressions of the armed group’s Children lacked adequate opportunities to interpretation of Islamic law. pursue their right to quality education. Violence against women and girls According to UNICEF, over 2 million girls remained chronically under-reported, with remained out of school, and according to women often fearing reprisals and lacking government figures about 7,000 schools in confidence in the authorities if they came the country had no building. Large numbers forward. According to the Afghanistan of children continued to be pressed into Independent Human Rights Commission forced labour or begging on the streets. (AIHRC), more than 100 cases of murder were reported during the year. Where these FREEDOMS OF EXPRESSION, cases were reported, there was a persistent ASSOCIATION AND ASSEMBLY failure to investigate them. In some cases, The conditions grew more difficult for victims of violence came under pressure from journalists, media workers, and activists to their communities or state officials to function due to increasing insecurity and the withdraw their complaints, or “” targeted killings of activists, journalists, and was used to resolve complaints beyond the moderate religious scholars. Journalists protection of the law. As a result, there was raised concerns over the lack of access to widespread impunity for the perpetrators of information and did not enjoy adequate beatings, killings, torture and other ill- protection from attacks by armed groups. treatment, and corporal punishments. The government introduced a draft mass media bill, which would have imposed Women’s participation in government further restrictions on the right to freedom of Women’s participation in government expression. It was forced to withdraw the bill remained limited despite some key in the face of widespread criticism. improvements in the situation of women Discussions were ongoing in parliament since 2000. Women’s participation in roles in over a draft bill on public gatherings, strikes

60 Amnesty International Report 2020/21 and demonstrations, which if passed would COVID-19. Roma and LGBTI people significantly restrict the right to freedom of continued to face discrimination. peaceful assembly. The cabinet rejected a third draft bill on BACKGROUND NGOs after Amnesty International raised Between 31 March and 23 June, Albania concerns that it placed unnecessary derogated from certain European Convention restrictions on registration processes and on Human Rights obligations in the name of operational independence. containing COVID-19. Excessive measures were used to enforce the lockdown. HUMAN RIGHTS DEFENDERS Attacks and targeted killings against activists, VIOLENCE AGAINST WOMEN AND GIRLS human rights defenders and journalists Gender-based violence worsened during the increased. Human rights defenders lockdown. A women’s rights NGO reported a continued to come under attack, facing threefold annual increase in calls to the intimidation, violence and killings. In March, national Counseling Line for Women and Girls government officials in Helmand province during the March-May period. physically assaulted human rights defenders The sexual abuse of a 15-year-old girl by who had alleged corruption. They needed her school’s guard and three other men hospital treatment for their injuries. In May, sparked public outrage in June. Hundreds Mohammad Ibrahim Ebrat, a facilitator of the protested gender-based violence in the Civil Society Joint Working Group, was capital, Tirana. attacked and wounded by unknown gunmen in Zabul province. He subsequently died of FREEDOM OF EXPRESSION his injuries. In June, two staff members of the In March, the Prime Minister threatened AIHRC, Fatima Khalil and Jawad Folad, were media organizations with closure for killed in an attack on their car in Kabul. “spreading panic” over COVID-19. In December, the Afghan government The authorities retracted a controversial established the Joint Commission for anti-defamation law that threatened online protection of human rights defenders and media freedom. civil society activists in Afghanistan. The In August, the authorities seized Ora News Commission will work under the Second Vice- TV following an investigation into the owner’s President Mohammad Sarwar Danish, and assets. The media group remained the members include activists and the operational. AIHRC. It remained too early to assess the Commission’s effectiveness in protecting REFUGEES, ASYLUM-SEEKERS AND activists or ensuring attacks and threats are MIGRANTS investigated and perpetrators are prosecuted. UN Rapporteurs expressed concern and the Ombudsman found serious human rights violations in Harun Çelik’s expulsion to Turkey on 1 January. Harun Çelik, a Turkish teacher ALBANIA linked to the so-called Gülen movement, had Republic of Albania applied for asylum in Albania. Head of state: Ilir Meta Head of government: DISCRIMINATION In April, Roma activists protested Domestic violence against women increased discrimination in the government’s allocation during lockdown. The Prime Minister of financial emergency assistance that did threatened to use extraordinary powers to not cover those working in the informal close media for “spreading panic” over sector.

Amnesty International Report 2020/21 61 Parliament adopted amendments to the news” and for receiving certain types of law on discrimination, significantly expanding foreign funds. A new Constitution was the scope of groups covered by legal adopted, which improved protection for protection. women but imposed undue restrictions on rights and freedoms by making the exercise LESBIAN, GAY, BISEXUAL, of conditional on TRANSGENDER AND INTERSEX (LGBTI) religious and cultural values. The PEOPLE authorities prevented Christian churches LGBTI people remained subject to from operating and harassed members of widespread discrimination, including being the Ahmadiyya religious community. They denied the right to same-sex partnerships. also proceeded with mass and arbitrary The Order of Psychologists prohibited its expulsions of migrants. Discrimination members from performing conversion against women in law and practice therapy. The Ministry of Health banned continued, as did gender-based violence medical intervention on newborn intersex and femicide. Consensual same-sex sexual children. relations remained criminalized and several arrests were made. The right to form trade EXCESSIVE USE OF FORCE unions remained restricted. Activists protesting the demolition of the National Theatre in Tirana on 17 May faced BACKGROUND disproportionate use of police force. Two The peaceful protest movement Hirak, which journalists covering the protest were verbally began in 2019 calling for radical political assaulted and hit by police officers; one was change in Algeria, continued early in the temporarily detained. year, with protests halting in March due to Street clashes erupted in several cities COVID-19 restriction measures. following the shooting of a 25-year-old man The country went into a national lockdown by a police officer enforcing a COVID-linked in response to COVID-19 from 4 April until curfew on 8 December. Two journalists June, when measures were eased. In covering the protests were detained and December, the National Syndicate of Liberal assaulted. The Council of Europe’s Doctors reported that at least 139 health Commissioner for Human Rights called on workers had died as a result of COVID-19. authorities to reverse blanket bans on In April, Parliament adopted the freedom of assembly. Preventing and Combating Discrimination and Hate Speech Law, which includes a penalty of up to 10 years’ imprisonment for those who breach it. However, the Law failed ALGERIA to refer to discrimination based on religion, People’s Democratic Republic of Algeria sexuality or gender identity. Head of state: Abdelmadjid Tebboune In November, a new Constitution was Head of government: Abdelaziz Djerad adopted by referendum that saw a very low turnout due to controversy over the process. The authorities continued to detain and The Constitution improved language on prosecute peaceful protesters, journalists, women's rights and social and economic activists and citizens for exercising their rights, but maintained the death penalty and rights to peaceful assembly and expression fell short of international standards on relating to the mass protest movement freedoms of expression, assembly and known as Hirak. Legislative changes judicial independence. imposed further restrictions on freedoms of expression and association, by imposing heavy criminal sanctions for spreading “fake

62 Amnesty International Report 2020/21 gathering” and “harming the integrity of the FREEDOMS OF EXPRESSION AND national territory” for his independent ASSEMBLY reporting on Hirak. A court in also Hirak protests continued until March when sentenced activists Samir Benlarbi and protesters decided to suspend protests to Slimane Hamitouche to a year in prison, eight prevent the spread of COVID-19. In January months of which were suspended, for their 2020, the authorities released more than 70 online publications and participation in the protesters, but at least 93 people, including protests.3 journalists as well as civil society and political On 8 October, over 20 people were activists, remained in detention for online arrested in the north-western city of Oran posts or for participating in Hirak at the end during a protest organized by women’s rights of the year, according to the National groups to denounce the prevalence of Committee for the Liberation of Detainees. gender-based violence and the rape and The authorities used COVID-19 as a murder of a 19-year-old woman. All those justification to increase the arrests of arrested were released later that day without activists, journalists and bloggers for online charge. speech critical of the authorities, prosecuting Also in October, 42 peaceful many of them under Penal Code provisions. demonstrators were arrested in Algiers while The authorities took advantage of the commemorating the 1988 youth protests. international focus on the COVID-19 Thirty-three, including at least five women, pandemic to pass amendments to the Penal were provisionally released, and nine were Code that criminalize the spread of “fake imprisoned in El Harrach prison, in a suburb news”, punishable by up to three years in of Algiers, before eventually being released. prison.1 In November, a first instance court in the In March, an appeals court in the capital, north-western city of Relizane, sentenced Algiers, sentenced Karim Tabbou, head of the political activist Abdallah Benaoum to one unrecognized opposition year in prison for Facebook posts he Democratic and Social Union, to one year in published criticizing the authorities and prison and a fine for videos published on opposing the holding of presidential Facebook in which he criticized the army’s elections. role in politics. He was released on parole on 2 July after nine months of detention. FREEDOM OF ASSOCIATION On 15 April, the authorities admitted A Penal Code provision introduced in April blocking two online independent media provided for up to 14 years’ imprisonment for outlets, Maghreb Emergent and Radio M, members of associations who receive foreign pending legal proceedings against their funding to carry out activities deemed Director for defamation of the President. As detrimental to state security and the of December, both sites remained blocked. "fundamental interests of Algeria”. This vague On 21 June, a court in Chéraga, a suburb language could lead to the limitation of of Algiers, sentenced Amira Bouraoui, a legitimate activities of associations disliked by doctor and activist, to one year in prison for the authorities. online posts that criticized the President, The authorities kept many associations, before provisionally releasing her pending including Amnesty International Algeria, in appeal.2 On 8 November, another court in legal limbo by failing to respond to Algiers sentenced her to three years in prison registration applications submitted in line in her absence for an online post she with the highly restrictive Associations Law. published about the Prophet Muhammed. In August, prominent journalist Khaled FREEDOM OF RELIGION AND BELIEF Drareni was sentenced, on appeal, to two The 2006 Decree 06-03 continued to restrict years in prison for “incitement to unarmed the exercise of other than Islam. The

Amnesty International Report 2020/21 63 Decree stipulates that non-Muslim religious using violence and confiscating their can only take place in buildings that belongings. have received a licence from the “National Algerian authorities denied detained Commission for Non-Muslim Religious migrants any possibility to exercise legal Groups”, though it is unclear how operational recourse, sometimes for months. As of 31 the Commission is. According to the December, at least seven Yemeni asylum- Protestant Church of Algeria, authorities seekers registered with UNHCR, the UN rarely approve their request for licensing, refugee agency, and awaiting approval of putting their churches at constant risk of their asylum applications, remained in closure. government detention centres in Algiers, at The Ahmadiyya community, who consider risk of imminent expulsion and deportation to themselves as Muslims, continued to face Yemen. harassment on the basis of their religious beliefs. In January, the Prosecutor’s Office in WOMEN’S RIGHTS Constantine interrogated seven Ahmadis and The Penal Code and Family Code continued confiscated their passports after interviewing to unlawfully discriminate against women in them in relation to their religious beliefs and matters of inheritance, marriage, divorce, practices, then prosecuting them for forming child custody and guardianship. The Penal an illegal association. At the end of Code’s “forgiveness clause” allows rapists to December, the Court of First Instance escape sentencing if they obtain a acquitted them but the authorities did not from their victim, and does not explicitly return their passports. recognize marital rape as a crime. On 25 November, an appeals court in the The Centre of Information on the Rights of eastern city of Khenchela sentenced Amazigh Women and Children reported 39 cases of and Hirak activist Yacine Mebarki to one year homicide and intentional assault and battery in prison and a fine of DZD50,000 (around resulting in the death of women during the US$385), for “insulting Islam” in relation to COVID-19 lockdown period. The women’s social media posts in which he appeared to group Feminicides Algérie said the true criticize a Salafi scholar for calling for . number of cases of violence against women In December, a judge at a court in Tizi far exceeded the official figures. Women’s Ouzou sentenced 31 Ahmadis to a two- rights group Réseau Wassila recorded an month suspended prison sentence on increase in calls to their helpline reporting accusations of “undermining the integrity of domestic violence perpetrated by family the national territory” under Article 79 of the members in May, suggesting this was due to Penal Code, because of their religious beliefs. confinement measures. RIGHTS OF REFUGEES, ASYLUM- RIGHTS OF LESBIAN, GAY, BISEXUAL, SEEKERS AND MIGRANTS TRANSGENDER AND INTERSEX (LGBTI) Detentions and mass expulsions of migrants PEOPLE from Algeria to neighbouring Niger and Mali The Penal Code continued to criminalize continued throughout the lockdown period, consensual same-sex sexual relations, despite closed borders and the health risks carrying a prison sentence of between two related to COVID-19 in removal centres. months and two years and a fine. According to humanitarian organizations in In September, police in Constantine Niger, between January and October, the arrested 44 people for attending a party that Algerian authorities expelled over 17,000 the media falsely described as a migrants to Niger – around 8,900 Nigeriens “homosexual wedding”. The majority of those and 8,100 people of other nationalities. Local arrested were sentenced to one year in NGOs said that Algerian military personnel prison, while the host and his supposed treated migrants harshly during expulsions, partner were both sentenced to three years’

64 Amnesty International Report 2020/21 imprisonment. The court convicted them of 2. Algeria: Constitutional reform process undermined by crackdown “inciting homosexuality” and “debauchery” (Press release, 25 June) under Article 338 of the Penal Code, and of 3. Algeria: Authorities pursue crackdown on Hirak, sentencing journalist Khaled Drareni to three years in prison (Press release, 10 August) breaking lockdown measures. WORKERS' RIGHTS The continued to restrict the ANGOLA right to form trade unions by limiting and confederations to Republic of Angola single occupational sectors; allowing only Head of state and government: João Lourenço Algerian-born people or those who had held Algerian nationality for at least 10 years to The security forces used excessive force to create trade union organizations; and impose COVID-19 restrictions and dozens of imposing restrictions on foreign funding for people, including children, were unlawfully trade unions. killed. Human rights defenders were The authorities continued to deny arrested for disseminating health registration to the independent General information and distributing masks and Autonomous Confederation for Algerian hand sanitizer to Indigenous communities. Workers, which first filed its application in The rights to freedom of expression, 2013. assembly and association were restricted and activists faced arbitrary arrests and INDEPENDENCE OF THE JUDICIARY detentions. Commercial farmers colluded The new Constitution failed to end the with government officials to forcibly evict executive’s control over the judiciary and agro-pastoral communities from their land, uphold judicial independence. undermining their rights to food, water and In February, the Justice Ministry ordered housing. The government failed to the transfer of prosecutor Mohamed Sid guarantee the right to food for low-income Ahmed Belhadi to El Oued, 600km south of families during the nine-month lockdown Algiers, two days after he had urged an period. Algiers court to acquit 16 people arrested for their peaceful participation in Hirak in BACKGROUND January. The National Union of Algerian In February, international media disclosed described the transfer as the “Luanda Leaks” which revealed how “political punishment and retaliation”. former President dos Santos’ daughter Lawyers organized a national strike on 30 embezzled state funds in offshore bank September and 1 October to demand respect accounts. In October, President Lourenço for the rights of defence and fair trial. said that his predecessor’s administration illegally withdrew US$24 billion from the DEATH PENALTY country through fraudulent contracts with The Justice Minister announced on 11 state oil and diamond companies. Also in October that a new law to prevent kidnapping October, the Public Prosecutor confiscated would include for child assets worth billions of dollars which had abduction resulting in the victim’s death. been acquired fraudulently by the former Courts continued to hand down death President’s military generals and his Vice- sentences. No executions have been carried President. out since 1993. Economic and social conditions worsened amid the groundswell of pressure from youth who demanded that the President fulfil his 1. Algeria: End repression against Hirak activists and journalists amid COVID-19 (Press release, 27 April) promise, made during the 2017 electoral

Amnesty International Report 2020/21 65 campaign, to create 500,000 jobs, and gunpoint. When he said he was tired and ill, protests against the high cost of living. an officer fired into the air next to his head On 27 March, the government introduced causing him to fall. Neighbours told the a state of emergency which was followed by officers that João de Assunção suffered from natural disaster regulations to address the a heart problem and hypertension. The police COVID-19 pandemic. These remained in took him to Hospital Cajueiros, where he died force until October and were used to impose the same day. arbitrary restrictions which undermined On 3 July, the police shot and killed 15- human rights. Lockdown measures restricting year-old Mabiala Mienandi in Luanda movement between provinces continued at province. At around 7am, he was playing the end of the year. soccer with friends. Witnesses said a police vehicle approached and, without warning, RIGHT TO FOOD officers shot at the boys who ran for cover. During the nine-month lockdown period, the Mabiala Mienandi was hit by a bullet, after government failed to guarantee the right to which three policemen got out of their car food, especially in low-income and kicked him three times before driving neighbourhoods where most people away. depended on the informal economy for their The next day, police officers shot 16-year- livelihoods, for example by selling goods in old Clinton Dongala Carlos dead as he the streets and daily markets. returned from dinner at his aunt’s house in The authorities took punitive measures the Cacuaco , Luanda province. against those in poor neighbourhoods who According to witnesses, two FAA and three were forced to leave their homes in search of PNA officers pursued him and one of them food, an act which was criminalized under shot him in the back. the state of emergency rules. While the On 13 July, José Manuel was shot dead in government introduced a food relief street in the Prenda neighbourhood at programme for those living in poverty, around midnight. He and his 16-year-old families in the Luanda and Benguela friend, Maurício, heard local people shouting provinces said they were not properly that the police were coming and while they informed about who qualified for the aid or were running away, a police officer fired at how the government decided which them hitting Maurício in the shoulder and communities should benefit.1 Rural killing José Manuel instantly. communities in the south were also These cases and others were under police disproportionately affected by food shortages investigation at the end of the year. No as a result of the ongoing drought. findings or information as to the progress of investigations were made public and UNLAWFUL KILLINGS impunity for such crimes remained The security forces used excessive force to widespread. impose restrictive COVID-19 measures which resulted in dozens of deaths. Most of those ARBITRARY ARRESTS AND DETENTIONS killed were young people, the youngest being Those deemed to have flouted the a 14-year-old boy, and were from poor COVID-19 restrictions, including political neighbourhoods. In many cases, Angolan activists and human rights defenders, were National Police (PNA) and Angolan Armed subjected to arbitrary arrests, detentions and Forces (FAA) officers were responsible.2 torture or other ill-treatment. On 17 June, PNA officers stopped 20- On 2 April, nine human rights defenders year-old João de Assunção for not wearing a from MBATIKA, a local civil society mask in the Palanca neighbourhood. He organization, were distributing information offered to get his mask but the officers about COVID-19 and essential protective ordered him to perform acrobatics at products like soap and sanitizer, to the San

66 Amnesty International Report 2020/21 Indigenous people and other traditional detention. Maurício Gimbi and João communities in Cuando Cubango province. Mampuela were refused bail on grounds of Police beat them with batons and threatened prior criminal records. The records related to them with guns before arresting them. They their participation in a peaceful were released eight hours later without demonstration in 2019 after which they had charge.3 been charged with “outrage against the On 4 April, police beat 10 men in the state” and “public disturbance and street in Buco-Zau municipality, Cabinda resistance”, among other trumped-up province, and arrested them. Local people charges. The men remained in detention in said that seven of them had been on their Cabinda Province Civil Prison at the end of way to buy food. They were initially held the year.5 together in one cell in poor conditions and released without charge at various points FORCED EVICTIONS between 5 and 7 April. Diversion of land use in favour of business, mainly in the southern province of Huíla, FREEDOMS OF EXPRESSION, continued to devastate local pastoral and ASSOCIATION AND ASSEMBLY peasant farmer communities. Large scale The authorities continued to repress the farming landowners, as well as local rights to freedom of expression, association authorities, blocked local communities from and peaceful assembly in Cabinda province. accessing their farmlands and diverted their Political activists and human rights defenders water supplies to force them from their land. were harassed, beaten and arbitrarily Civil society organizations who lodged formal detained. From September onwards, people complaints with the government, or took regularly protested against widespread other action to try and halt evictions, received hunger, poverty and the high cost of living. no response. The authorities failed to carry Authorities responded with unlawful force, out meaningful consultations with the with security forces using water cannons, affected communities or to provide them with rubber bullets, batons and tear gas to compensation or reasonable alternatives. unlawfully disperse the protesters.4 Consequently, families were forcibly evicted On 28 June, plain-clothes police officers from their land, denied their livelihoods, physically assaulted, arbitrarily arrested and seriously undermining their rights to food, detained Maurício Gimbi, President of the water, housing and health. Union for the Independence of Cabinda In August, a spate of land diversion moves (UIC), and André Bonzela, Director of the affected families. A commercial farmer UIC President’s Office, at a taxi stop in initiated an extrajudicial process to evict the Cabinda city. Some days before, they and community of Kamphanda, a remote village their colleague, João Mampuela, UIC Vice- in Gambos municipality, from their President, had displayed leaflets in Cabinda communal land. He coerced illiterate city bearing the slogan “Cabinda is not residents to sign over their land using their Angola” and calling for an “end to the right to fingerprints. bear arms”. In the same month, the Communal On 29 June, the police searched João Administrator for Cainda, Quipungo Mampuela’s home at 5am and arrested him municipality, made an order for communal after finding UIC leaflets. Charges brought agro-pastoral land farmed by local families to against the three men included “rebellion”, be fenced off and handed over to another “criminal association” and “outrage against commercial farmer. When residents the state”. In September, the Cabinda Court protested, the local authorities threatened granted André Bonzela bail of 300,000 them with imprisonment. Angolan kwanza (US$350), a sum which he Local government officials colluded with could not afford, and he remained in farming businesses to evict the Cuvangue

Amnesty International Report 2020/21 67 communities from their land in the Matala the unemployment rate was 13.1%. municipality, in order to privatize areas of the Concerns remained over debt repayments Cunene river, blocking the communities’ and the obligation of states to protect access to water. economic and social rights during the The water company, Água Preciosa, began pandemic and the recovery period. an unlawful process to force the Tyihonguelo In March, Decree 297/20 imposed a community, in Lubango municipality, from its nationwide lockdown and restricted freedom communal land, home to hundreds of of movement to curb the spread of families, obstructing the canal that supplied COVID-19. their water. Strict controls on movement between By the end of the year, the government provinces left hundreds of people stranded had not acted to protect communities from across borders, without access to adequate forced evictions, or to protect their rights to health care, hygiene and, in some cases, basic necessities. family reunification. In November, the National Supreme Court ordered the province of Formosa to allow 8,300 people return to 1. Southern Africa: Governments must move beyond politics in distribution of COVID-19 food aid (Press release, 6 May) their homes after eight months of the 2. Angola: Witnesses describe horrific killings of teenagers by police restrictive measures. Full implementation of (Press release, 25 August) the ruling was pending. 3. Angola: Activists prevented from distributing COVID-19 essentials The Ministry of Security approved a new (AFR 12/2146/2020) police protocol that provides for the use of 4. Angola: Authorities escalate use of excessive force to crack down on open-source intelligence during the health dissent (Press release, 8 December) emergency, raising concerns about potential 5. Statement on the Continued Detention of André Bonzela, Maurício online mass surveillance. Gimbi and João Mampuela and the Human Rights Situation in Health and essential workers were central Cabinda, Angola (Joint statement with Advancing rights in Southern to the COVID-19 response. By 18 December, Africa and , 6 October) 64,958 health workers had been infected with the virus. ARGENTINA WOMEN’S RIGHTS The pandemic exacerbated and underscored Argentine Republic existing gender inequalities. Data showed Head of state and government: Alberto Fernández that unpaid domestic and care work would represent 16% of GDP if it were paid. Women The COVID-19 pandemic exacerbated the performed over 75% of domestic and care country’s ongoing economic crisis. work in the country. Measures to curb the spread of the virus saw an increase in gender-based violence. VIOLENCE AGAINST WOMEN AND GIRLS Indigenous Peoples were disproportionately During the pandemic there was a rise in impacted by the pandemic. Enforced violence against women; by November, disappearances and excessive use of force emergency calls to helplines had increased by the police were reported. Abortion was by an average of more than 18% compared decriminalized and legalized within the first to 2019. 14 weeks of pregnancy. According to civil society monitoring groups, there were at least 298 femicides in BACKGROUND 2020. Argentina continued to experience a As lockdown measures led to a greater profound economic and social crisis. engagement online, women experienced According to official figures, by June, 40.9% violence and abuse on social media, of the population was living in poverty and

68 Amnesty International Report 2020/21 especially when seeking to defend women’s Indigenous communities continued to human rights. demand information about the potential impacts of mining on their water sources. SEXUAL AND REPRODUCTIVE RIGHTS In December, the Congress took a historic IMPUNITY step by decriminalizing and legalizing Trials before ordinary civilian courts abortion within the first 14 weeks of continued for crimes against humanity pregnancy. After that, abortions are permitted committed under the 1976-1983 military where the pregnancy poses a risk to the life regime. Between 2006 and December 2020, or health of the pregnant person or is the 250 rulings were handed down, bringing the result of rape. The Thousand Days total number of convictions to 1,013 and Programme – to strengthen comprehensive acquittals to 164. care for women and children in the first years In September, the Inter-American of life – was unanimously approved Commission on Human Rights found the by the in December. state responsible for violating the rights to life According to official data, every four hours and physical integrity of the victims, as well a girl aged under 15 gives birth in Argentina. as for cover-up operations that resulted in Most are forced to carry to term pregnancies impunity, in relation to the bombing of the that are the result of sexual violence. Jewish mutual society AMIA in During the pandemic, there were in July 1994. increased barriers to accessing legal At the end of the year, the investigation abortion. In addition, women and adolescents into the disappearance and death of Santiago had their contraceptive treatment interrupted Maldonado continued. His body had been for fear of COVID-19 at health facilities. found in 2017 in a river on Mapuche territory in Chubut province, 78 days after the security INDIGENOUS PEOPLES’ RIGHTS forces had closed off the area. Indigenous communities still lacked legal recognition of their land rights, even though EXCESSIVE USE OF FORCE AND the Constitution recognizes their right to ENFORCED DISAPPEARANCES ancestral territories. There were numerous incidents of excessive Encroachment on the ancestral territories use of force in the context of the enforcement of Indigenous Peoples by private individuals of COVID-19 lockdowns. Police officers killed or state forces continued. Communities were Luis Espinoza in Tucumán province in May; subjected to violence, restrictions on their his body was not discovered until a week movement and food supplies, inadequate after his death. access to clean water and a lack of hygienic In May, security forces violently entered and sanitary conditions. the homes of members of the Concerns were raised over the impact of Indigenous People in Fontana, Chaco COVID-19 on Indigenous Peoples, who province, and took three men and a 16-year- continued to experience obstacles to old girl into custody. Those held reported that accessing social benefits. they were tortured and otherwise ill-treated, The federal government declared mining including the sexual abuse of the girl. an essential sector during the pandemic. The body of Facundo Astudillo Castro was Concerns remained over projects for possible found 107 days after he was reported lithium extraction on Indigenous Peoples’ missing in late April. He was last seen at a lands without an exhaustive study of the police checkpoint in Buenos Aires province. possible impact on natural resources and The autopsy found he died of asphyxiation. without ensuring the free, prior and informed Contradictory police accounts and other consent of the Indigenous communities evidence suggested that the Buenos Aires affected. In the Salinas Grandes Salt flat,

Amnesty International Report 2020/21 69 police could be responsible for his carried out indiscriminate attacks in disappearance and death. populated areas, resulted in numerous Concerns remained over the lack of civilian deaths, injuries and displacement. institutional public policies on effective Freedoms of expression and peaceful searches for missing persons and assembly were restricted by the state of investigations of enforced disappearances. emergency introduced to deal with the COVID-19 pandemic, and by martial law RIGHTS OF MIGRANTS, REFUGEES AND declared because of the conflict. ASYLUM-SEEKERS Environmental concerns remained regarding Executive Order 70/2017, which modified the the Amulsar gold mine, amid Migration Act and introduced serious demonstrations which saw dozens of regressive measures regarding migrants' peaceful protesters arrested and fined. rights, remained in force even though several human rights mechanisms had deemed it BACKGROUND unconstitutional. On 27 September, heavy fighting erupted Migrants, refugees and asylum-seekers between Azerbaijan and Armenia and experienced obstacles to completing Armenian-supported forces in Azerbaijan’s regularization proceedings and accessing break-away region of Nagorno-Karabakh. On social assistance programmes. With limited 9 November, under a Russian-brokered access to the formal labour market and ceasefire agreement, Armenia conceded adequate housing, these groups were among most of the Azerbaijani territory it had the most affected by the COVID-19 crisis. previously occupied. The regional capital of The closure of borders affected the Stepanakert/Khankendi and parts of the resettlement of refugees through Argentina’s disputed Nagorno-Karabakh region remained community sponsorship-based Syria under the control of the Armenia-backed de Programme. Nine Syrian refugee families facto authorities, dependent for protection on who had been approved to travel to Argentina Russian peacekeepers. The defeat caused had their resettlement stalled and new political unrest and calls for the Prime community sponsorship applications were Minister’s resignation, plunging the country suspended. into a political crisis. Twelve opposition figures were arrested on 12 November for FAILURE TO PREVENT CLIMATE CHANGE their role in violent unrest that saw the Prime Argentina ratified the Regional Agreement on Minister’s residence raided and the Access to Information, Public Participation parliamentary speaker hospitalized after he and Justice in Environmental Matters in Latin was severely beaten by an angry mob. America and the Caribbean (the Escazú According to the UN High Commissioner Agreement). for Human Rights, at the height of the More than 120,000 hectares in 11 conflict, some 90,000 ethnic Armenians fled provinces were affected by forest fires, many the fighting in Nagorno-Karabakh for of them linked to deforestation. Armenia, a displacement which worsened the already dire effects of the COVID-19 pandemic. Promised judicial and anti-corruption ARMENIA reforms stalled, in part due to their Republic of Armenia fragmented nature and the inability to sustain Head of state: Armen Sarkissian institutional change. Reforms were also Head of government: Nikol Pashinyan impacted by the conflict and the pandemic, both of which ravaged the economy and the Military conflict with Azerbaijan, in which health care system. Hospitals and the health both sides committed war crimes and care sector remained overwhelmed. They

70 Amnesty International Report 2020/21 struggled to provide care to a rising number “conducive to spreading panic”. The of patients during the pandemic and warfare. restrictions on the media were lifted in April, The government provided limited financial following harsh criticism by local and aid to those who lost jobs and to families with international rights groups. young children. Martial law placed renewed restrictions on the rights to freedom of expression and INDISCRIMINATE ATTACKS assembly. On 9 October, Parliament Both sides of the conflict over Nagorno- approved a bill banning dissemination of Karabakh used heavy explosive weapons with “unofficial information” on the conflict and wide-area effects in densely populated national security matters, and any public civilian areas, including ballistic missiles and criticism of military actions and statements by notoriously inaccurate rocket artillery salvos, government officials. Martial law restrictions causing civilian deaths, injuries and on freedom of peaceful assembly were widespread damage to civilian areas. Verified invoked in November, after the ceasefire was evidence indicated that both sides used reached, to ban the anti-government cluster munitions, which is banned under demonstrations demanding the resignation of international humanitarian law, including in the Prime Minister. the attack on Stepanakert/Khankendi in Nagorno-Karabakh region on 4 October, and ENVIRONMENTAL DEGRADATION on the city of Barda in an area under In April, the government proposed legislative Azerbaijan government control, on 28 amendments which would allow it to withhold October (see Azerbaijan entry).1 information that could “negatively affect the environment.” Environmental NGOs raised WAR CRIMES concerns that the government was seeking to War crimes were committed by Armenian reduce transparency over environmental forces in Nagorno-Karabakh. Several verified issues to benefit mining interests at the videos depicted the mistreatment of prisoners expense of local communities. This was of war and other captives, and desecration of against the backdrop of ongoing tensions the dead bodies of enemy soldiers by the over the Amulsar gold mine in southern Armenian side. This included a video Armenia. showing the murder of an Azerbaijani border Local residents had been blocking the guard who had his throat cut.2 access to the Amulsar mine since 2018, protesting that it posed a threat to the FREEDOMS OF EXPRESSION AND environment and their livelihoods. On 4 ASSEMBLY August, hundreds of activists gathered at the The rights to freedom of expression and Amulsar mining site, after the company’s new peaceful assembly were restricted throughout security personnel had forcibly removed the the year, firstly as a result of a state local residents who were blocking the mine’s emergency imposed from March to access. On 5 August, police arrested 12 September in response to COVID-19, and people following a violent confrontation with then on account of martial law imposed from security personnel. In the capital Yerevan, September until the end of the year in police broke up simultaneous protests in response to hostilities with Azerbaijan. support of environmental activists, detaining Under the state of emergency the dozens of peaceful protesters. All those government, among other things, prohibited detained in Amulsar and Yerevan were issued public gatherings of more than 20 people with administrative fines for disobeying police and the publishing of “unofficial information” and released. about pandemic-related issues. The authorities forced 20 media outlets to amend or delete information that officials deemed as

Amnesty International Report 2020/21 71 substantial public support, despite national 1. Armenia/Azerbaijan: First confirmed use of cluster munitions by lawmakers declining to bring Australia into Armenia ‘cruel and reckless’ (News story, 29 October) line with international standards. Almost 2. Armenia/Azerbaijan: and war crimes in gruesome videos must be urgently investigated (News story, 10 December) three in five children in detention were Indigenous. In August, the Australian Capital Territory (ACT) announced that it would be the first jurisdiction in Australia to increase AUSTRALIA the age to 14. Australia REFUGEES AND ASYLUM-SEEKERS Head of state: Elizabeth II, represented by David Hurley The harsh offshore detention regime for Head of government: refugees and asylum-seekers continued for a seventh year. At least 241 people were held Violations of the rights of Indigenous offshore, despite repeated offers from the Peoples, refugees and asylum-seekers New Zealand government to resettle up to continued to cause concern. The 150 people per year. enforcement of government COVID-19 Those who had been evacuated from measures lacked accountability and immigration detention in Papua New Guinea, transparency. including Manus Island, for medical care in Australia remained in so-called alternative BACKGROUND places of detention (APODs) with no The year began with the worst bushfires in indication of when they would be released. Australia’s living memory. Thirty-four people The re-opening of the died and thousands remained displaced. A immigration detention centre in August raised state of emergency was introduced in March. alarm among refugees and asylum-seekers In response to the COVID-19 pandemic, the as they feared that they would still remain in government placed vast swathes of the . country into lockdown. Australia suspended its humanitarian resettlement programme due to the INDIGENOUS PEOPLES’ RIGHTS pandemic in March, but the government As the #BlackLivesMatter movement protests began a review of the Community took place around the world, Australia Sponsorship Program for refugees in July. confronted the fact that since the Royal Commission into Aboriginal Deaths in FREEDOM OF MOVEMENT Custody handed down its recommendations Overzealous policing of COVID-19 in 1991, more than 400 Indigenous people restrictions, a lack of transparency on police had died in police custody with no charges enforcement guidelines, the disproportionate ever having been brought against detaining application of new regulations on officers. marginalized communities and the extension The over-representation of Indigenous of the state of emergency caused significant people in prisons received heightened concern. attention in both the media and in During the lockdown, police issued and government policy. A report from the then retracted fines for activities such as Australian Bureau of Statistics in September mountain biking, putting old holiday photos showed Aboriginal and Torres Strait Islander on social media and for a teenager taking people made up 29% of the prison driving lessons. People in Aboriginal population but only 5% of the total communities with overcrowded and population. inadequate housing reported being harassed The movement to raise the age of criminal by police for having too many people in one responsibility from 10 to 14 gained dwelling.

72 Amnesty International Report 2020/21 In July, in the city of Melbourne, state of spaces was generally prohibited. After Victoria, 3,000 ethnically diverse people in restrictions were lifted at the end of April, the seven public housing buildings, many of Constitutional Court ruled in July that a whom had experienced war or persecution, blanket ban regarding public spaces was not were put into “hard lockdown” without provided by law and was therefore notice, unable to leave their homes for any unconstitutional. reason and without any indication of when the lockdown would lift. The Victorian FREEDOM OF ASSEMBLY Ombudsman found the lockdown breached Under lockdown restrictions, all public Victorian human rights law. gatherings and protests were banned by the The COVID-19 restrictions coincided with relevant authorities. Public assemblies were major protests across the permitted again from May, provided the country. During this time, some politicians necessary COVID-19 precautions were taken. claimed that COVID-19 cases were linked to However, the authorities continued to impose the protests, which was strenuously refuted unnecessary and disproportionate restrictions by health authorities. on some demonstrations for health reasons despite precautions being put in place by LESBIAN, GAY, BISEXUAL, organizers. In September, a “Fridays for TRANSGENDER AND INTERSEX (LGBTI) Future” march to demand action against PEOPLE climate change in was restricted to a Attacks on the rights of the LGBTI community rally with a maximum number of 1,000 were made throughout the year through participants. In October, a regional various attempts to change anti- administrative court ruled that these discrimination laws at a federal and state restrictions were illegal. level, which would prioritize the right to freedom of religion over other rights. Some ECONOMIC, SOCIAL AND CULTURAL advances were made by the state of South RIGHTS Australia and the ACT to end “conversion” In July, concerns were expressed at the practices for LGBTI people. multiple bureaucratic hurdles that 24-hour care workers from other EU countries had to overcome in order to access benefits AUSTRIA provided by the COVID-19 hardship fund.1

Republic of Austria RIGHTS OF WOMEN AND GIRLS Head of state: Alexander Van der Following the March lockdown, domestic Head of government: (replaced Brigitte violence helplines reported a 38% increase in Bierlein in January) calls from women seeking support and safety. According to media reports, there were 24 There was an increase in calls to helplines femicides in 2020. from victims of domestic violence during In December, the Constitutional Court the COVID-19 lockdown. Afghan nationals overturned a law prohibiting primary school continued to be deported to Afghanistan. children from wearing religious head The Federal Government continued to coverings, finding that it breached the rights refuse child asylum-seekers. There was a of Muslim girls who wear the headscarf, rise in online abuse against Black people, including their right to freedom of religion Muslims and refugees. and non-discrimination, and could lead to their marginalization. FREEDOM OF MOVEMENT In March, a nationwide lockdown due to COVID-19 was imposed and being in public

Amnesty International Report 2020/21 73 urged the creation of an independent and RIGHTS OF REFUGEES AND ASYLUM- effective mechanism. They also expressed SEEKERS concern that the lack of identification badges In February it was announced that contracts for law enforcement officials was hindering with civil society organizations providing legal access to justice.2 advice to asylum-seekers were to be terminated at the end of the year and the COUNTER-TERRORISM AND SECURITY responsibility given to an agency embedded Following a terrorist attack in in in the Ministry of Interior. Concerns were November, authorities dissolved a number of raised by several organizations about the Muslim associations on the basis of potential implications for the fairness of the problematic procedures. In December, the asylum procedure.2 government proposed several law reforms Between January and March, 37 Afghan related to terrorism which gave rise to nationals whose asylum claims had been concerns about how some of the new rejected were deported to Afghanistan, in provisions may impact the human rights of violation of the principle of non-refoulement particular groups of people. which prohibits states from returning individuals to a country where they would be 1. Kurzanalyse: Soziale Menschenrechte und COVID-19: Amnesty Fordert at real risk of serious human rights violations. Verfassungsänderung in Österreich (Press release, 1 July, in German There were no deportations to Afghanistan only) from April to November due to the COVID-19 2. Austria: Human rights challenges persist - Amnesty International pandemic, but in December, Austria submission for the UN Universal Periodic Review, 37th Periodic resumed deportations to Afghanistan and 10 Review (EUR 13/2855/2020) further Afghan nationals were deported. The Federal Government continued to refuse to accept asylum-seekers from the AZERBAIJAN Greek islands, despite a resolution by the Vienna State Parliament committing to Republic of Azerbaijan receive 100 asylum-seeking children for Head of state: relocation. Head of government: Ali Asadov

FREEDOM OF EXPRESSION The civilian population suffered widespread According to civil society organizations, from human rights abuses as a result of heavy the beginning of the pandemic there was a fighting that erupted between Azerbaijan significant increase in abuse and attacks and Armenian forces in Nagorno-Karabakh online, especially against Muslims, Black in September. Conflict-related violence led people and refugees. In December, a to deaths, injuries, destruction of controversial bill regulating hate speech livelihoods and displacement. Authorities online was approved by Parliament. Several intensified a clampdown on dissent using organizations raised concerns that the bill the conflict with Armenia and the was overly broad. COVID-19 pandemic as a pretext. Dozens of opposition leaders and activists were EXCESSIVE USE OF FORCE arbitrarily arrested and detained. Freedoms In January, the newly elected government of assembly and expression were further committed to establishing an independent restricted in response to growing public investigation and complaints mechanism for discontent; freedom of association allegations of ill-treatment and excessive use remained curtailed. Lawyers were harassed of force by police. In August, over 40 and reports of torture and other ill- individuals and civil society organizations, in treatment of government critics in detention a joint letter to the responsible ministries, remained widespread.

74 Amnesty International Report 2020/21 opposition activist Tofig Yagublu was arrested INDISCRIMINATE ATTACKS on trumped-up charges of hooliganism. On On 27 September, heavy fighting erupted 18 September, the Court of Appeals in the between Azerbaijan and Armenia and capital, , replaced his prison sentence Armenian-supported forces in Azerbaijan’s of four years and three months with house break-away region of Nagorno-Karabakh. All arrest with immediate effect. Human rights sides of the conflict used heavy explosive defender Elchin Mammad was arrested on weapons with wide-area effects in densely 30 March on charges of theft, and sentenced populated civilian areas, including ballistic to four years’ imprisonment on 18 October by missiles and notoriously inaccurate rocket a court in Sumgait. Both men had publicly artillery salvos, causing civilian deaths, criticized the authorities. Farkhaddin injuries and widespread damage to civilian Abbasov, an ethnic Talysh activist areas. Verified evidence indicated that both incarcerated for criticizing the authorities, sides used cluster munitions, which is died in prison on 9 November, allegedly as a banned under international humanitarian law, result of . By the year’s end there had including in the attack on Stepanakert/ been no effective investigation into his death. Khankendi, capital of Nagorno-Karabakh Harassment of the political opposition region, on 4 October, and on the city of climaxed when President Ilham Aliyev Barda in an area under Azerbaijan blamed mass protests held on 15 July in government control, on 28 October (see Baku on the opposition Popular Front Party Armenia entry). of Azerbaijan (PFPA), accusing it of staging an insurgency. Forty PFPA party activists, WAR CRIMES including four senior leaders, were detained War crimes were committed by Azerbaijani on politically motivated charges ranging from forces in Nagorno-Karabakh. Several verified violating public order to resisting police. videos depicted the mistreatment of prisoners International concern over the repression of war and other captives, , and of dissent continued. In January, the Council desecration of the dead bodies of enemy of Europe’s Parliamentary Assembly soldiers.1 condemned “retaliatory prosecutions” and a “troubling pattern of arbitrary arrest and FREEDOM OF EXPRESSION detention of government critics”. In at least The authorities intensified their crackdown as three separate cases during the year, the increasing numbers of people voiced their European Court of Human Rights (ECtHR) discontent in the streets, through social found political motives were behind the media and other means. arbitrary detention of government critics; the More than a dozen individuals, including cases concerned activists Bayram journalists and opposition activists who Mammadov and Giyas Ibrahimov, prominent criticized the authorities’ handling of the human rights defenders Leyla and Arif pandemic, were sentenced to so-called Yunus, and investigative journalist Khadija “administrative detention” of between 10 and Ismayilova. 30 days on bogus charges, including On 4 September, the Committee of disobeying police orders or breaking the rules Ministers of the Council of Europe ended of lockdown. infringement proceedings against Azerbaijan, The authorities intensified arrests on after the Supreme Court of Azerbaijan politically motivated criminal charges. A acquitted Ilgar Mammadov and Rasul string of arrests of government critics Jafarov, two of the applicants the ECtHR had followed the announcement by President ruled were wrongfully imprisoned for their Ilham Aliyev on 19 March on “isolating” and criticism of the government. Six other “clearing” his country’s opposition in the face applicants, including prominent human rights of pandemic. On 25 March, prominent defenders who were in the Ilgar Mammadov

Amnesty International Report 2020/21 75 group of cases, were not acquitted despite peacefully in front of the Parliament building the call by the Committee to quash their in Baku to demand a stronger military convictions. They continued to endure the response against Armenian forces following consequences of arbitrary criminal clashes at the border. The protests turned convictions, such as travel bans and the violent when a small group of protesters inability to access bank accounts. entered the building without permission. Police and security forces used excessive FREEDOM OF ASSOCIATION force, including water cannons, to remove Despite the commitment to simplify NGO the intruders and disperse the crowd outside. registration requirements and streamline the The clashes that ensued left several receipt of foreign funding, as per an Action protesters and journalists injured, and police Plan for Open Government adopted by the officers confiscated the equipment of some Azerbaijani government in February, journalists covering the rally. Seventy people obstacles to officially registering independent were detained immediately after the NGOs remained in place and the arbitrary demonstration. denial of registrations and grant applications continued. Independent NGOs were unable TORTURE AND OTHER ILL-TREATMENT to resume their activities, while their leaders Reports of torture and other forms of ill- continued to face penalties arising from treatment remained widespread. unfounded criminal convictions, which also In February, ruling in the case of prevented them from standing in elections. Ibrahimov and Mammadov v. Azerbaijan, the Human rights lawyers continued to face ECtHR found that the two activists “had been harassment for performing their professional subjected to ill-treatment by police officers duties, affecting their independence and which had been aimed at forcing them to willingness to take on human rights cases. In confess to serious charges”, and that the June, lawyer Javad Javadov was arbitrarily authorities had failed to effectively investigate reprimanded by the Bar Association in the torture allegations. retaliation for publicizing information on People detained following the 15 July social media about the alleged ill-treatment of protests were held in crowded, hot, his client Kerim Suleymanli in police custody. unventilated police detention rooms with Also in June, the ECtHR ruled that the limited food and water. They were reportedly suspension and disbarment of prominent beaten and abused while being denied lawyer Khalid Bagirov for questioning the access to lawyers and their families. fairness of the court decision in the case of his client, had violated his right to private life 1. Armenia/Azerbaijan: Decapitation and war crimes in gruesome videos and freedom of expression. must be urgently investigated (News story, 10 December) FREEDOM OF ASSEMBLY The right to freedom of assembly remained severely restricted while protesters continued BAHRAIN to be penalized simply for participating Kingdom of Bahrain peacefully in public gatherings. Head of state: On 11 and 16 February, police violently Head of government: Salman bin Hamad Al Khalifa broke up and dispersed protests against (replaced Khalifa bin Salman Al Khalifa in November) electoral fraud in parliamentary elections in front of the Central in Baku, beating and arresting protesters. Unfair trials of protesters, online critics of On 15 July, police used excessive force to the government and relatives of these break up a demonstration begun the previous individuals continued, as did other day, when thousands had gathered suppression of freedom of expression.

76 Amnesty International Report 2020/21 Group trials of excessive numbers of days later, the Ministry of Interior announced defendants, in some cases amounting to that its Cyber Crime Directorate had assigned mass trials, as well as other unfair trials, employees to “monitor and track offending also continued. Detainees were ill-treated [social media] accounts”. This led to scores and, in some cases, tortured. The Ministry of new investigations and prosecutions under of Interior’s Ombudsman, the government’s Article 168 of the Penal Code, which National Institution for Human Rights criminalizes publication of “false news”. (NIHR) and the Office of Public Individuals who spoke out about human Prosecution’s Special Investigation Unit rights violations, and their relatives, faced (SIU) remained ineffective in safeguarding reprisals. The authorities brought more than human rights and punishing violations. 20 cases against Kameel Juma Hasan, the Women faced discrimination under Bahraini 17-year-old son of former prisoner Najah law. Prison conditions were poor. Dire living Ahmed Yusuf, after they both refused to be conditions for migrant workers left them informants for state security, and after Najah particularly vulnerable to infection during Ahmed Yusuf had told international human the COVID-19 pandemic. rights groups and media that she had been sexually assaulted during interrogation in BACKGROUND 2017.2 The Bahraini authorities’ response to the In June, Nabeel Rajab, head of the COVID-19 pandemic included significant outlawed Bahrain Centre for Human Rights, restrictions on movement and social life. was released from prison on probation, after There were reportedly very high levels of serving four years for posting on Twitter testing, but this lacked basic transparency criticizing the government’s human rights and did not include adequate protections for record. migrant workers. The authorities rolled out an Twelve of the country’s most prominent invasive contact tracing app, putting the Shi’a civic, religious and political leaders privacy of millions at risk by tracking users’ remained in prison. Eleven had been in locations in real time.1 prison since 2011 for their participation in Bahrain continued to deny access to mass opposition demonstrations that year. independent human rights monitors, Sheikh Ali Salman, leader of the largest legal including Amnesty International, Human political bloc in Bahrain between 2006 and Rights Watch and UN human rights bodies. 2011, continued serving a life sentence Bahrain remained a member of the coalition imposed in 2018 based on falsified charges led by Saudi Arabia in the armed conflict in of “spying” for Qatar. Yemen. The prominent Shi’a cleric Sheikh Isa Qasim remained in forced exile in Iran, where FREEDOM OF EXPRESSION he went in 2018 after the Bahraini authorities Bahrain has no independent media. All had revoked his citizenship. locally based newspapers and broadcasters support the government and are owned and/ TORTURE AND OTHER ILL-TREATMENT or managed by people close to the Prosecutors failed to effectively address government. complaints of torture brought before them, Bahrain used the pretext of COVID-19 to despite widespread reports of it at specific further repress freedom of expression. In sites, with detainees often identifying the March, the Office of Public Prosecution agency and sometimes the name and rank of threatened to act against anyone publishing the alleged torturers. In Bahrain there is no or circulating “false news” or “biased known record of a successful prosecution for rumours” on the grounds that “the current torture to force a confession in the past four circumstances” called for “support for the years. agencies and institutions of the state”. A few

Amnesty International Report 2020/21 77 On 13 July, the Court of Cassation, pandemic and infections among prison staff, Bahrain’s highest judicial authority, upheld prisoners at Jaw were not given masks, for the second time the death sentences gloves, hand sanitizer, or regular testing for handed down in 2014 on Mohamed the virus. Ramadhan Isa and Husain Ali Moosa. In a Ahmed Merza Ismaeel, a prisoner with rare investigation into a torture complaint, the sickle cell anaemia – which can cause prosecution’s Special Investigation Unit had extreme pain when left untreated – continued found “suspicion of the crime of torture” to receive only sporadic medication from the behind Husain Ali Moosa’s “confessions.” prison administration. However, the appellate court’s verdict once In August, just after the Shi’a holy day of again relied on Husain Ali Moosa’s Ashura, guards at Dry Dock Juvenile Reform “confession” as evidence, and stated and Rehabilitation Centre near al-Hidd incorrectly that Mohamed Ramadhan Isa had confiscated personal religious items from the also signed a confession. cells of some of the children, including from Also in July, the Ministry of Interior’s 17-year-old Kameel Juma Hasan. In Ombudsman asserted that multiple cases September, his family complained to the referred to it relating to detainees who had NIHR that he was suffering from dental pain, been held incommunicado were beyond its but no treatment was given. Another child remit. This was despite its clear statutory held in the same wing reported that he mandate to investigate all violations of law by received no treatment for pain and bleeding Ministry of Interior personnel.3 in his ear canal. In September, credible reports emerged There were no statements or reported that guards in Jaw prison had beaten Ali prison visits by the Prisoners and Detainees AbdulHusain al-Wazeer, breaking many of his Rights Commission, a monitoring body bones. However the Ombudsman, the SIU established following the 2011 political and the NIHR all failed to effectively address unrest. the case despite being informed of it. WOMEN’S RIGHTS Prison conditions Women continued to face discrimination Prison conditions, especially in the central under Bahraini law. Article 4 of the prison at Jaw in south-eastern Bahrain, were prevents Bahraini women poor, with lack of sanitation and frequent ill- from passing on their nationality to their treatment, including arbitrary confiscation of children, and Article 353 of the Penal Code personal items, reprisals for speaking out, provides impunity for rape if the rapist and denial of adequate medical care. marries his victim. In April, the administration of Jaw prison In a positive step, in August the Ministry of put the jailed journalist Mahmood Labour and Social Development’s Decision AbdulRedha al-Jazeeri in several days of No. 51 annulled the that had solitary confinement after he had sent out a limited professions available to women. recorded message criticizing as a whitewash However, the Minister retained the authority a televised COVID-19 safety inspection of the to impose such restrictions under Article 31 prison by the NIHR. The NIHR failed to of the Domestic Privsate Sector Labour Law investigate or condemn this punishment. of 2012. In January, following an outbreak of Bahrain maintained its reservation to the scabies lasting for several months at Jaw core principle of Article 2 of CEDAW, prison, the NIHR – instead of urging better maintaining that it would not be bound by conditions for prisoners – reiterated the call any provisions of the treaty that do not by prison authorities for prisoners with comply with “Islamic Shari’a”. “allergies” to comply with official “health instructions”. Despite the COVID-19

78 Amnesty International Report 2020/21 MIGRANTS’ RIGHTS BANGLADESH The sponsorship (kafala) system for employing migrant workers in Bahrain put People’s Republic of Bangladesh migrant workers in an even more vulnerable Head of state: Abdul Hamid position and at risk of contracting COVID-19 Head of government: during the pandemic.4 This was in addition to unsanitary living conditions in overcrowded Journalists were increasingly persecuted for accommodation, scarce legal protection and reporting corruption and criticizing the limited access to preventive health care and government’s COVID-19 policies. The treatment. draconian Digital Security Act (DSA) 2018 was widely enforced to curtail freedom of UNFAIR TRIALS expression. Police and other law The Court of Cassation continued to uphold enforcement agencies continued to carry the outcomes of flawed mass trials. In June, out extrajudicial executions. Violence it rejected 48 of 49 appeals from a mass trial against women increased during the of 169 individuals charged with joining a COVID-19 pandemic. Implementation of the terrorist organization. A group trial of 39 Shi’a Hill Tracts Agreement remained defendants, including 14 children, concluded stalled and a crackdown on Indigenous on 13 September with prison sentences for activists intensified. People’s right to health all defendants, some of whom were care was not adequately protected or prevented from attending court for the fulfilled during the pandemic. Bangladesh verdict. On 3 November another mass trial of continued to shelter nearly 1 million 52 alleged members of a “terrorist cell” Rohingya refugees from Myanmar as little concluded with 51 convictions. progress was achieved towards their safe, dignified return. DEATH PENALTY Courts continued to hand down death BACKGROUND sentences, in some cases following grossly Bangladesh’s health care system and unfair trials. economy suffered heavily because of the The Court of Cassation confirmed the COVID-19 pandemic. Since the first death sentences against Zuhair Ebrahim confirmed COVID-19 case on 8 March, Abdulla and Husain Abdulla Khalil on 15 infections spread quickly throughout the June, and against Mohamed Ramadhan Isa country and the health care system was and Husain Ali Moosa on 13 July. No overwhelmed. The economy took a double hit executions were reported. due to the slump in domestic demand and a sharp decline in exports. Millions of workers, especially those working on low wages, for 1. Bahrain, Kuwait and Norway contact tracing apps among most dangerous for privacy (Press release, 16 June) example in the garment industries and in the 2. Bahraini youth targeted in family reprisal (MDE 11/3011/2020)) informal sector, were badly affected by the economic shock. There was also rampant 3. Bahrain: Joint public letter to calling for commutation of death sentences ((MDE 11/2861/2020)) mismanagement and corruption in relief distribution, and the authorities increased 4. Bahrain: Ensure protection of migrant workers in COVID-19 response ((MDE 11/2168/2020)) their repression of journalists and media outlets that reported these scandals. Rallies and marches could not take place because of physical distancing rules.

Amnesty International Report 2020/21 79 University and Begum Rokeya University FREEDOM OF EXPRESSION were sacked for Facebook comments they The government continued to use the made about a deceased ruling party Member draconian Digital Security Act (DSA) 2018 to of Parliament. suppress the right to freedom of expression and to target and harass journalists and FREEDOM OF ASSEMBLY human rights defenders. Despite repeated The right to freedom of peaceful assembly calls from civil society and human rights continued to be severely restricted. The organizations to repeal controversial and COVID-19 pandemic limited outdoor political punitive provisions of the DSA, the law was activities after March, and indoor meetings of not amended. opposition parties were targeted by the According to official statistics, more than authorities. Between January and December, 900 cases were filed under the DSA between the government officially blocked 17 public January and December; nearly 1,000 people gatherings using Section 144 – a legal were charged and 353 detained.1 At least provision under the Penal Code 1860 that 247 journalists were reportedly subjected to permits the authorities to prohibit gatherings attacks, harassment and intimidation, by of five or more people and the holding of both state agencies and individuals affiliated public meetings on grounds of public safety. with the government. The government also blocked or dispersed a In April, Mohiuddin Sarker, the acting number of other political gatherings. editor of Jagonews24.com, and Toufiq Imroz In January, members of the ruling party, Khalidi, editor-in-chief of bdnews24.com, Awami League, physically attacked the were charged under the DSA for publishing opposition Bangladesh Nationalist Party’s reports on embezzlement of relief materials (BNP) mayoral candidate in Dhaka City North intended for people economically affected by during his campaign, injuring him and the COVID-19 lockdown. Both men were several of his followers. granted bail from the High Court and were In February, police baton-charged and awaiting trial at the end of the year. violently dispersed a series of meetings In May,Ramzan Ali Pramanik and Shanta organized by the BNP and its affiliated Banik, news editor and staff reporter organizations across the country. In July, respectively of Dainik Grameen Darpan police stopped an indoor discussion meeting newspaper, and Khandaker Shahin, of the newly formed Amar Bangladesh Party publisher and editor of the online news portal in district without any Narsingdi Pratidin, were arrested for provocation. reporting on a death in custody at Ghorashal In August, police in the southern district of police station. In June, AMM Bahauddin, the Barguna violently dispersed a peaceful rally editor of Bangla national newspaper Inqilab, and human chain organized to demand the was charged for publishing a story about an release of a graduate student of Stamford adviser to the Prime Minister. The trial was University in Dhaka. Videos suggest that the pending with the court at end of year. police broke up the human chain violently Academics were also persecuted for without any provocation from the protesters.2 peacefully exercising their right to freedom of expression. In September, the Dhaka EXTRAJUDICIAL EXECUTIONS AND University authorities dismissed Professor ENFORCED DISAPPEARANCES Morshed Hasan Khan for publishing an At least 222 people were killed by the opinion piece in a national newspaper, and security forces in alleged extrajudicial the National University authorities dismissed executions – 149 people were killed without Professor AKM Wahiduzzaman for posting a being arrested, 39 were killed after arrest, comment on Facebook about the Prime and others died during torture or in other Minister. In June, two professors at Rajshahi circumstances. At least 45 Rohingya

80 Amnesty International Report 2020/21 refugees were allegedly extrajudicially Indigenous activists accused military and executed by members of different law intelligence agencies of sowing divisions enforcement agencies during the year, mostly between Indigenous political groups. These during operations as part of the “war on divisions continued to contribute to drugs”, a government campaign launched in communal violence in the CHT region. At 2018 which has resulted in thousands of least 69 Indigenous political activists were extrajudicial executions. killed in local clashes during the year. At least Nine incidents of enforced disappearance 50 Indigenous activists were abducted, and were reported during the year: a college approximately 82 houses belonging to teacher, an editor, a businessperson, two Indigenous people were set on fire in clashes students, and four opposition activists. Three between local political groups. were later “found” by the police and then In June, three Indigenous activists were detained, and a student leader was released abducted in Sadar in Rangamati by undisclosed captors after 48 hours amid district. Their families accused the United intensified protests from civil society and People’s Democratic Front – a breakaway human rights organizations. One political faction of the main Indigenous political party, activist was found dead, and four others which is allegedly backed by the state remained missing at the end of the year. security agencies – of the abduction. In August, an Indigenous woman and girl VIOLENCE AGAINST WOMEN AND GIRLS were gang-raped by settler Bengali men in According to the human rights organization Lama, . In September, ASK, at least 2,392 cases of violence against Indigenous political activist U Thowai Aoi women were reported during the year. These Marma was subjected to enforced included 1,623 reported rapes (331 against disappearance in Rowangchhari in girls under 12 years old), 326 attempted Bandarban district. His family and local rapes, and 443 cases of physical assault. The people accused members of the Bangladeshi victims included Indigenous women and military of the abduction. His whereabouts girls. At least 440 women and girls were remained unknown at the end of the year. murdered after physical assault, rape, or attempted rape. REFUGEES AND ASYLUM-SEEKERS In October, a video was shared widely on Bangladesh continued to host nearly 1 social media showing a woman being million Rohingya refugees, a persecuted stripped of her clothes, kicked, punched and ethnic minority group whose members fled sexually assaulted by a group of five men. Myanmar in August 2017. Despite little The attack, which is believed to have taken progress in repatriation discussions with place on 2 September, triggered a mass Myanmar, Bangladesh maintained its official public outcry and nationwide protests. position that only safe, dignified and voluntary returns of the Rohingya refugees INDIGENOUS PEOPLES’ RIGHTS – could put an end to their current situation. The refugees faced restrictions of their At least 285 human rights violations were rights in Bangladesh. The authorities’ recorded in the Chittagong Hill Tracts (CHT) construction of barbed wire fences around during the year, including three extrajudicial the refugee camps curtailed their right to executions, 99 arbitrary detentions, 54 cases freedom of movement. Restrictions on the of physical abuse, 104 house raids and 25 refugees’ access to high-speed mobile incidents of property damage by state internet services, in place since September security agencies. Of those arbitrarily 2019, were partially lifted on 24 August.3 detained, 50 were sent to prison and the rest The outbreak of COVID-19 affected an were released. already overburdened health care system in the camps, and refugees lacked access to

Amnesty International Report 2020/21 81 health care. In May, the Bangladeshi movement was restricted. The disruption to authorities took more than 300 Rohingya economic activity and the closure of refugees to Bhashan Char, a remote silt businesses led many workers to either lose island in the Bay of . By December the their jobs or experience a significant drop in authorities had relocated a further 1,642 income. The workers affected by the crisis Rohingya refugees to the island. The had little or no social protection, so their right authorities planned to relocate about to work and to an adequate standard of living 100,000 refugees to Bhashan Char, a move were significantly undermined. More than five which was largely opposed, principally by million workers in the informal sector, and human rights organizations, as the island is approximately four million garment workers prone to regular floods, especially during the (80% of whom were women), were most rainy season, and is vulnerable to frequent affected. cyclones. In interviews with Amnesty International, at least five Rohingya family 1. Bangladesh: Escalating attacks on the media must stop (Press members representing 23 refugees alleged release, 8 October) that the authorities had coerced them to 2. Bangladesh: Rising attacks on freedom of expression and peaceful 4 relocate to the island. assembly must be urgently stopped (Press release, 11 August) 3. Let us speak for our rights: Human rights situation of Rohingya RIGHT TO HEALTH refugees in Bangladesh (ASA 13/2884/2020) The COVID-19 pandemic put an enormous 4. Bangladesh: Plan to relocate hundreds of Rohingya to remote island strain on the country’s health care system. must be dropped (Press release, 20 November) Given the history of low public health care 5. Bangladesh must put human rights at the centre of its COVID-19 spending in the country, facilities were found response strategies (ASA 13/2268/2020) to be inadequate, ill-prepared and ill- equipped to tackle the crisis.5 According to the Bangladesh Medical Association, more BELARUS than 8,000 health workers, including 2,887 physicians, 1,979 nurses and 3,245 other Republic of Belarus medical staff tested positive for COVID-19. Head of state: Alyaksandr Lukashenka Among them, at least 123 physicians died, Head of government: Raman Halouchanka (replaced and the Doctors’ Association stated that the Sergei Rumas in June) infections among medical staff could have been reduced if immediate measures had The year was characterized by recurrent been taken. peaceful protests, with the presidential The lack of available and accessible election in August serving as a catalyst for critical health care services related to the most egregious crackdown on freedoms COVID-19 created a major public health of expression, peaceful assembly and crisis across the country, as many public and association in Belarus’ post-independence private hospitals turned away patients with history. Opposition candidates, their COVID-19 symptoms due to fear of infection, campaign teams and associates were even though they had capacity. This practice arrested on false charges or forcibly exiled. led to the deaths of hundreds of people. Police used excessive and indiscriminate force to disperse demonstrations. Tens of WORKERS’ RIGHTS thousands of peaceful protesters and When the COVID-19 pandemic broke out in bystanders were detained, and many of early March, the Bangladeshi authorities them tortured or otherwise ill-treated. introduced nationwide lockdown measures Journalists, medics, students, union leaders termed “public holidays”, from late March to and others were also targeted with arrest, May. During the lockdown, major business beatings and prosecution. The government’s activities were disrupted, and freedom of initial response to the COVID-19 pandemic

82 Amnesty International Report 2020/21 was inadequate. Death sentences continued legislative changes, administrative pressure to be imposed. and the use of technical means such as internet blackouts. BACKGROUND The media remained under tight A worsening economic outlook, poor handling government control. Independent journalists of the COVID-19 pandemic and numerous and media organizations were harassed and incendiary comments by President prevented from carrying out their legitimate Alyaksandr Lukashenka, amongst other work. Local monitors documented over 400 issues, saw his popularity drop dramatically. such instances, including arrests, torture and In the run-up to the presidential election on 9 other ill-treatment of media workers, between August, he made misogynistic May and October alone. International media pronouncements in statements broadcast on outlets had their accreditation denied or prime time television while arbitrary arrests, revoked to prevent uncensored reporting. politically motivated prosecutions and other Domestic newspapers, such as reprisals escalated against opposition Komsomolskaya Pravda in Belarus, faced candidates and their supporters, political and refusals from state-controlled printing houses civil society activists, and independent to print issues criticizing authorities. Major media. An opposition coalition around online news outlet TUT.by had its licence presidential candidate Svyatlana suspended by the authorities. Natallia Tsikhanouskaya led women to the forefront of Lyubneuskaya, a journalist working for the a burgeoning protest movement which independent newspaper Nasha Niva, was spread across the country and society. one of at least three journalists shot at by President Alyaksandr Lukashenka claimed a police with rubber bullets, on 10 August. She landslide victory, although the result was required surgery and was hospitalized for 38 strongly disputed by Svyatlana days. Several bloggers and journalists were Tsikhanouskaya and regarded as fraudulent targeted with politically motivated criminal by numerous independent election monitors. prosecutions, including the co-author of a The OSCE, which was prevented from popular Telegram channel, Ihar Losik, observing the elections, noted credible arrested on 25 June on trumped-up charges reports of widespread irregularities and pending trial. serious administrative misconduct. Protests The authorities co-opted internet providers against the conduct of the election and the and imposed a near-total shutdown of mobile results quickly engulfed Belarus and were internet during the first three days of post- overwhelmingly peaceful despite a brutal election protests − and subsequently during crackdown by the authorities. Individuals weekly protests − to prevent the co-ordination regarded as protest opinion leaders were of demonstrations and undermine the swiftly arrested or forcibly exiled. Relations exchange of information. Access restrictions with much of the international community were routinely imposed on independent deteriorated drastically and targeted media websites. sanctions were introduced against scores of Dissenting views that spread across all Belarusian officials implicated in electoral sectors of society were brutally and directly and human rights violations. Russia suppressed. Students, academics, athletes, expressed its support for the Belarusian religious and cultural figures and employees authorities, providing financial assistance. of state enterprises were expelled or sacked from their posts and many faced FREEDOM OF EXPRESSION administrative and even criminal sanctions The right to freedom of expression was for speaking against the authorities, severely curtailed in an attempt to curb all supporting peaceful protest, or taking part in opposition and dissent, including through the strikes. targeting of individuals and media outlets,

Amnesty International Report 2020/21 83 in a single day.3 Local human rights Women organizations documented over 900 criminal Women with dissenting views faced gendered cases with at least 700 individuals facing reprisals and were targeted via their charges. perceived vulnerabilities, including through Police (often plain-clothed) used excessive threats of sexual violence or of their young and indiscriminate force, including rubber children being placed in state care.1 bullets fired at short-range into crowds, stun grenades, chemical irritants, water cannons, FREEDOM OF ASSEMBLY automatic firearms with blank cartridges, The right to freedom of assembly remained truncheons and other means to disperse severely and unduly restricted. Penalties peaceful crowds and apprehend individuals. issued to peaceful protesters under At least four people were killed by were often heavier than government forces4 and several others died sanctions applied for certain criminal under suspicious circumstances. offences. While many protesters and bystanders At the start of the year, dozens of activists were attacked randomly and arbitrarily, were heavily fined or sentenced to others were targeted for their professional “administrative arrest”, including lengthy activity, including media workers consecutive multiple terms of 15 days (the documenting events or medics who legal maximum) for “administrative voluntarily attended to the wounded. Others offences”, purportedly committed during were singled out because of their sexual peaceful protests at the end of 2019. identity. On 26 September, human rights Overall, between the start of the defender Victoria Biran was detained on her presidential campaign in May and the way to a rally after being identified by police election, hundreds of peaceful protesters, officers as an LGBTI activist and sentenced online activists, independent journalists and to 15 days’ “administrative detention”. others were arbitrarily detained, including by men in plain clothes using unlawful force and FREEDOM OF ASSOCIATION unmarked vehicles, and dozens received The authorities waged a campaign of brutal fines or “administrative arrest”. Following the persecution against all forms of independent election, hundreds of thousands of association intended to protect human rights Belarusians regularly and peacefully took to and peaceful opposition to the regime, the streets across Belarus to protest, tens of including monitoring initiatives, opposition thousands were arrested, and hundreds were campaigning teams and independent trade subjected to torture and other ill-treatment unions. Scores of people were subjected to and heavily penalized. Amnesty International arrest, unfounded criminal prosecution or directly witnessed the unfounded, arbitrary, “administrative detention”, threats of and brutal nature of a number of these imprisonment and forcible exile. arrests.2 On 6 May popular blogger and presidential Between 9 and 12 August alone, the hopeful Syarhei Tsikhanouski was subjected government confirmed the detention of 6,700 to 15 days’ unfounded administrative protesters. Weekly peaceful protests detention to prevent his candidacy, continued across the country, both on the prompting his wife, Svyatlana streets and within government-owned Tsikhanouskaya, to stand herself. On 29 May, enterprises, theatres, universities and while he was gathering signatures for her in elsewhere. By mid-November, official and Hrodna, an attempt was made to provoke independent figures estimated that over him and he was immediately arrested 25,000 people had been detained including alongside at least seven of his associates.5 numerous bystanders and journalists. They and several other prominent opposition Repeatedly, over 1,000 people were detained bloggers were later prosecuted as part of the

84 Amnesty International Report 2020/21 same criminal investigation under Article 342 for the same “offence”, between September of the Criminal Code (“organization or active and November. participation in group actions that grossly violate public order”). TORTURE AND OTHER ILL-TREATMENT Another presidential hopeful, Viktar The authorities systematically used torture Babaryka, his son Eduard Babaryka, and other ill-treatment against people members of his team and former colleagues detained during protests, including were also detained on trumped-up economic participants, journalists and bystanders. charges, to exclude him from the election Local and international groups documented and warn other presidential hopefuls. hundreds of cases across the country. The opposition Coordination Council, UN human rights experts received 450 formed by Svyatlana Tskhanouskaya and led testimonies of ill-treatment of detainees by a Presidium of seven people, was supported by photo, video and medical condemned as “an attempted seizure of evidence, documenting a horrific litany of power” by President Lukashenka, and on 20 abuses. They describe how protesters were August a criminal investigation was opened tortured and ill-treated during arrest, under Article 361 of the Criminal Code (“calls transportation and detention in severely to actions seeking to undermine national overcrowded facilities. Protesters were security”). By the end of the year, all humiliated, brutally beaten, subjected to Presidium members were under arrest or sexual violence, including against women forced into exile, as were many of their and minors, and deprived of access to food, associates.6 clean water and medical care during lengthy On 7 September, the authorities abducted periods of detention. Detainees were also opposition leader Maryia Kalesnikava and denied the right to inform their relatives of drove her and two colleagues to the border of their whereabouts, in some instances for the Ukraine, demanding that they leave the entire period of “administrative arrest”, and country under threat of imprisonment. The denied access to their lawyers. Parcels and colleagues crossed into Ukraine but Maryia letters were withheld, and warm clothes and Kalesnikava tore up her passport to prevent hygiene products were confiscated including expulsion. She remained in unacknowledged, for menstruating women. incommunicado detention for two days, after The Belarusian authorities admitted which she was remanded as a criminal receiving some 900 complaints of abuse by suspect on trumped-up charges, as was police in connection with the protests but by another Presidium member, Maksim Znak. the end of the year not a single criminal Marfa Rabkova from the NGO Human investigation had been opened, nor had any Rights Centre “Viasna”, was arrested on 17 law enforcement officer been charged with September and remanded as a criminal respective violations. suspect, charged with “preparation of mass riots” in connection with her human rights RIGHT TO HEALTH work. The government’s initial response to the The leader of the Belarusian Independent pandemic was inadequate. President Trade Union, Anatoli Bakun, was repeatedly Alyaksandr Lukashenka dismissed COVID-19 arbitrarily detained in connection with as a “psychosis”, blamed the first confirmed political strikes at the Belaruskali potash casualties on their own lifestyle, mine in Salihorsk, and consecutively recommended tractor driving, vodka and sentenced to a total of 55 days of visits to the sauna as remedies and refused “administrative arrest” for violating the law on to impose major restrictions. mass gatherings. Three other trade union activists, Yury Karzun, Syarhei Charkasau and Pavel Puchenya, served 45 days each

Amnesty International Report 2020/21 85 DEATH PENALTY RIGHT TO HEALTH Belarus remained the sole country in Europe Older people in care homes and the former to impose death Over half of the deaths from COVID-19 were sentences. At least four men were on death older people living in care homes. Violations row at the end of the year, and at least three of the residents’ right to health, life and non- death sentences were handed down; two of discrimination resulted from government which were to brothers aged 19 and 21. No failures, including: structural shortcomings; executions were reported. lack of priority attention at the onset of the pandemic; failure to ensure access to hospitals; insufficient provision of personal 1. Crackdown from the top: Gender-based reprisals against women activists in Belarus (Public statement, 17 July) protective equipment for staff and lack of 1 2. Belarus: Police unleash appalling violence on peaceful protesters access to testing. (News story, 10 August) 3. Belarus: More than 1,000 people arrested in a single day of peaceful Prison conditions protests amid escalating repression of rights (News story, 9 Overcrowding in dilapidated prisons November) continued, with insufficient access for 4. Belarus: Peaceful protester held by police after beating dies in inmates to basic services, including health hospital (News story, 13 November) care and sanitary facilities. COVID-19 5. Belarus: A criminal case involves a growing number of the regime’s measures – including temporary, early and critics (Public statement, 30 July) conditional release – temporarily reduced 6. Belarus: “They are stealing the best of us”. Arbitrary arrests and overcrowding. But other measures limited forced expulsion of leading opposition activists (Public statement, 10 September) prisoners’ rights, including by reducing their contact with the outside world. EXCESSIVE USE OF FORCE BELGIUM A police chase in April in the capital, , resulted in the death of a 19-year- Kingdom of Belgium old who fled for fear of being fined for breach Head of state: Philippe of COVID-19 restrictions. His scooter collided Head of government: (replaced 2 Sophie Wilmès in October) with a police car. In August, media released leaked video footage from inside a holding cell at Charleroi The government response to COVID-19 Airport, where Slovakian national Jozef raised human rights concerns, including in Chovanec was detained in February 2018. relation to health, asylum-seekers, policing He suffered a cardiac arrest following a and privacy. The government established violent altercation with police officers and extra care centres for survivors of rape and later died in hospital. The footage shows sexual violence. The Wallonia region officers joking and one making a Nazi salute authorized arms transfers to the Yemen next to the restrained man. A criminal conflict. investigation was ongoing. BACKGROUND GENDER-BASED VIOLENCE A was formed in In March, a survey on sexual violence in October, following elections in May 2019. Belgium was published which had Almost 20,000 people were estimated to interviewed 2,300 people aged 15 to 85. In it, have died from COVID-19. Lockdown 20% of female and 14% of male respondents measures restricted freedom of movement said they had been raped.3 and other human rights. In June, the government decided to establish seven extra care centres for

86 Amnesty International Report 2020/21 survivors of sexual violence; such centres including by ensuring the swift erasure of already existed in three cities. data allowing identification.4 RIGHTS OF REFUGEES, ASYLUM- IRRESPONSIBLE ARMS TRANSFERS SEEKERS AND MIGRANTS Concerns remained that continued In March, due to COVID-19, the authorities authorization of arms transfers by the closed the office accepting asylum claims. Wallonia region to the Saudi-led coalition in Hundreds of people were temporarily denied Yemen could mean such arms being used to access to asylum and consequently to food commit or facilitate serious violations of and housing. The authorities established an international human rights and humanitarian online registration system that was law. Following legal action by NGOs, the inadequate. In over 100 individual cases, the Council of State annulled several such Labour Court ordered the Federal Service for licences. reception of asylum-seekers to ensure access to material assistance. 1. Les maisons de repos dans l’angle mort: Les droits humains des In September, a government commission personnes âgées pendant la pandémie de COVID-19 en Belgique (in tasked with reviewing returns and removal French only) (Report, November) procedures and practices, presented its 2. Policing the pandemic: Human rights violations in the enforcement of report to Parliament, which called for COVID-19 measures in Europe (EUR 01/2511/2020) increased use of repressive measures, 3. Sondage sur le viol: Chiffres 2020 (in French only) (Article, 4 March) including pre-removal detention and harsher 4. Global: COVID-19, surveillance and the threat to your rights (Press penalties for irregular entry. Civil society release, 3 April) organizations criticized the regressive approach and presented an alternative report with human rights-compliant proposals. BENIN

DISCRIMINATION Republic of Benin “Stop Ethnic Profiling”, a platform launched Head of state and government: Patrice Athanase in June, expressed concern that ethnic Guillaume Talon profiling by police increased during lockdown. The rights to freedom of expression and In July, four local police forces adopted a peaceful assembly were unduly restricted; framework outlining how police should avoid journalists and health workers were unjustly ethnic profiling. prosecuted, harassed and intimidated. The police used excessive force while policing FREEDOM OF ASSEMBLY demonstrations and enforcing public health In June, 10,000 people protested against restrictions. Discrimination against women racism and police violence in Brussels. In and minorities persisted and LGBTI people response to the pandemic, public gatherings suffered harassment and violence. were banned, but the authorities tolerated the protest. In several other , local BACKGROUND authorities banned smaller protests. Tensions between the government and opposition parties persisted following RIGHT TO PRIVACY disputed parliamentary elections in 2019. The state response to COVID-19 included the The African Court on Human and Peoples’ increased collection, retention and Rights (African Court) requested that Benin aggregation of personal data. Privacy experts suspend the May local elections, pending its and civil society organizations advocated for decision on a case brought by political safeguards to protect the right to privacy, opponent, Sébastien Ajavon, concerning the exclusion of the Social Liberal Union Party

Amnesty International Report 2020/21 87 from local elections. A few days later, the media criticizing the President and other government barred individuals and NGOs institutions. from submitting direct complaints to the African Court, and the May elections went FREEDOM OF ASSEMBLY ahead. Restrictions introduced to control the spread In December, the African Court ordered of COVID-19 were used to prevent political Benin to take all measures to repeal the opponents from organizing meetings and for all the criminal offences rallies. However, demonstrations by relating to the 2019 legislative elections. government supporters went ahead without The government responded to the interference. COVID-19 pandemic by implementing certain In August, the police prevented a meeting restrictions on human rights and releasing organized by Frédéric Aïvo, a political 411 prisoners. opponent, on the grounds that it was unauthorized. FREEDOM OF EXPRESSION The authorities continued to detain and EXCESSIVE USE OF FORCE prosecute journalists under certain provisions In March, the police shot dead Théophile in the 2018 Digital Code that unduly Dieudonné Djaho, a student, during a restricted the right to freedom of expression. demonstration against the arrests of three On 3 January, Aristide Fassinou National Student Federation members at the Hounkpevi, editor of the online L’Autre Figaro University of Abomey-Calavi. The Honorary newspaper, was arrested by agents of the Chairman of the NGO Voices of Students filed Central Office for the Repression of an appeal with the Constitutional Court Cybercrime. He was charged with against the President and the Minister of “harassment through electronic Interior and Public Security for human rights communication” in connection with violations. The government announced an comments he made on social media about investigation. the possible appointment of the Foreign In April, videos were distributed on social Minister as ambassador to France. He was media showing the police beating people for released on 9 January but his case was kept not wearing face masks. open for further investigation. In May, Antonin Lokossi was shot dead by Ignace Sossou, a journalist, was released a Forest Service guard in the town of Toffo in from Cotonou Prison in June, after the Atlantique department while he was Cotonou Court of Appeal reduced his gathering firewood. He was at the time sentence to 12 months, including six months accompanied by two members of his suspended for “harassment through community, who said they were unarmed electronic communication” after he posted when guards fired at them. on Twitter quoting the Public Prosecutor. In July, the High Authority of Audiovisual HEALTH WORKERS’ RIGHTS Communication ordered unauthorized online In March, health sector unions raised media outlets to close. The decision was concerns with the authorities about their viewed by some in the media as a way to exclusion from initiatives to manage the silence opposition media. impact of COVID-19 on the health and safety On 10 November, Loth Houénou, a of their members. In July, they issued a political opponent, was sentenced to two public statement denouncing the lack of PPE years in prison and a fine of XOF200,000 and poor working conditions. (US$370) for “harassment through electronic Police arrested a health worker on 8 June communication”. He was arrested on 26 after he posted a warning on social media June after he published audios on social about a COVID-19 outbreak at Ouémé- Plateau Departmental Hospital Centre. He

88 Amnesty International Report 2020/21 was charged with breaching confidentiality photographed her face and genitals, and held and sentenced to six months in prison, her in a cell with male detainees. She was including five months suspended and a fine. released without charge the next day. He was released on 8 July. On 8 July, Adolphe Houssou, a spokesperson for health sector unions, publicly criticized the government for not BOLIVIA doing enough to protect health workers from Plurinational State of Bolivia COVID-19. On 25 July, he fled the country in Head of state and government: Luis Alberto Arce fear of reprisals after police officers went to Catacora (replaced Jeanine Áñez Chávez in November) the Health Ministry asking for his address. The social, economic, political and human DISCRIMINATION rights crisis in Bolivia which began in the In March, the UN Committee on Economic, aftermath of the 20 October 2019 elections Social and Cultural Rights issued its continued in 2020. The crisis was concluding observations on Benin’s periodic exacerbated by the COVID-19 pandemic, review. It raised concerns about widespread which reached very worrying dimensions in attacks against people with albinism; killings the country, disproportionately affecting of so-called “witch children”; and local those in vulnerable situations. Those customs which deprived women of their defending human rights and the rights of inheritance and property rights. Indigenous Peoples, journalists and political A government civil service recruitment opponents, or those perceived as such, competition excluded people with disabilities. continued to be threatened and harassed. GENDER-BASED VIOLENCE BACKGROUND The widespread use of violence and sexual On 13 August, after two postponements due harassment against women and girls to public health considerations relating to continued. In May, Angela Kpeidja, a COVID-19, the Plurinational Legislative journalist for a national television station, Assembly, the interim government and the publicly denounced sexual harassment and Supreme Electoral Tribunal agreed that a other abuses in her workplace. The general election should be held on 18 authorities suspended the station's deputy October 2020. On 23 July, after the second editor-in-chief. postponement was announced, demonstrations, including roadblocks, RIGHTS OF LESBIAN, GAY, BISEXUAL, intensified amid complaints by the authorities TRANSGENDER AND INTERSEX (LGBTI) and the general population that the PEOPLE blockades were preventing key supplies for In Cotonou in April, unknown assailants beat dealing with COVID-19 from reaching various a transgender woman unconscious. She communities that needed them. There were regained consciousness in Godomey police also reports of violence by some protesters station, where officers beat, insulted and and between groups of protesters, with threatened her. They stripped her naked, interventions by the security forces. Early on photographed her and sent her home without 14 August, there were reports of an attack her clothes after five days in detention. with explosives on the office of the Bolivian In July, a transgender woman was Union of Workers (COB) in . The COB attacked by a mob who stripped her and beat had played a key role in the demonstrations. her as they chased her through the streets. Bolivia reported its first cases of COVID-19 Later that night, police arrested her at her in March 2020 and on 12 March the acting home for no legitimate reason, took her to the President declared the situation a national Sodohomè police station in Zou department, emergency. Supreme decrees and

Amnesty International Report 2020/21 89 subsequent laws established additional quarantine measures and mandatory stay-at- HUMAN RIGHTS DEFENDERS home regulations, among other economic Human rights defenders, such as Waldo and social measures to deal with the Albarracín, continued to be threatened and pandemic. As of 31 December, the Ministry harassed while criminal investigations into of Health had reported 160,124 confirmed attacks on them remained stalled, and the cases of COVID-19 and 9,165 deaths related authorities failed to provide human rights to the virus. defenders with appropriate protection so that On 18 October, general elections for the they could carry out their legitimate work. President, Vice-President and members of the Legislative Assembly were held. On 8 FREEDOM OF EXPRESSION November, Luis Arce, the Movimiento Al Journalists and social communicators Socialismo party candidate, took office as reported that the right to freedom of President. expression was being unduly restricted in Bolivia by means of threats, attacks and EXCESSIVE AND UNNECESSARY USE OF attempts to silence the national and FORCE international media. The interim government In the context of the post-election crisis, created a climate of fear and censorship human rights violations were perpetrated, through its public statements and including the use of excessive and regulations, and harassed and threatened unnecessary force by the National Police and political opponents and those perceived as the Armed Forces to repress demonstrations. such. It issued public threats, accusing At least 35 people died and 833 were political leaders of spreading injured. These human rights violations were “misinformation” and journalists of not adequately investigated, tried and “”. The government also accused punished, resulting in impunity.1 people of participating in “destabilization and disinformation movements” and of IMPUNITY conducting a “virtual war” against it. On 23 January the Inter-American In the context of the pandemic, the Commission on Human Rights (IACHR) government also issued regulations that announced an agreement with the interim raised a number of concerns, such as government of Bolivia for the creation of an Supreme Decrees 4199, 4200 as well as Interdisciplinary Group of Independent 4231 which modifies the first two. Some Experts (GIEI) to investigate acts of violence articles of these decrees violated the right to and human rights violations committed freedom of expression, for example between 1 September and 31 December establishing a crime against public health for 2019. However, the government publicly “spreading wrong information” about questioned the independence of two of the COVID-19 or “generating uncertainty in the four members of the GIEI announced by the population”. These decrees were later IACHR. On 28 April, the IACHR announced repealed. Nevertheless, they served to that it would include a fifth member “to intensify the harassment against political strengthen the GIEI” and that the Group opponents and those perceived as such, as would be installed soon. On 23 November, did criminal proceedings and detentions. the GIEI was installed and on 22 December it announced that it had concluded the INDIGENOUS PEOPLES’ RIGHTS “preliminary stage” of its work, which Indigenous Peoples were disproportionately entailed meetings with groups of victims and affected by the pandemic. Their right to witnesses and with civil society organizations. participate in decision-making processes on issues affecting their rights continued to be undermined by the granting of licences for

90 Amnesty International Report 2020/21 economic projects on community lands people and children due to COVID-19 were without their free, prior and informed disproportionate. State of emergency consent. According to the Office of the measures further limited the rights to Ombudsperson, in the context of the freedom of peaceful assembly and pandemic, there was a lack of a public health expression. Unlawful disclosures of personal policy to protect Indigenous Peoples and an data of COVID-19 patients violated the right increase in the use on social media of racist to privacy. Prosecution of war crimes was rhetoric that stigmatized them. further delayed. RIGHTS OF LESBIAN, GAY, BISEXUAL, REFUGEES, ASYLUM-SEEKERS AND TRANSGENDER AND INTERSEX (LGBTI) MIGRANTS PEOPLE Bosnia and Herzegovina (BiH) failed to On 3 July the Second Constitutional Chamber provide effective access to asylum and of La Paz Departmental Court of Justice adequate reception conditions for thousands annulled a decision by the National Civil of migrants and asylum-seekers travelling Registry to deny registration for a same-sex through the country on their way to the EU. . The Chamber ordered the Civil Despite reduced numbers in March and April Registry to issue a new resolution upholding due to COVID-19 movement restrictions, international human rights standards. The close to 10,000 people were stranded in BiH order was not complied with and the Civil at the end of the year, the majority in Una- Registry lodged a request with the Sana Canton on the border with Croatia. Plurinational Constitutional Tribunal for a The asylum system remained largely precautionary measure to suspend the ineffective due to persisting institutional gaps, effects of the ruling; this remained pending at including limited capacity in the Ministry of the end of the year. On 9 December, the Civil Security, resulting in a significant backlog of Registry complied with the Chamber’s order pending cases and people awaiting and issued a new resolution, allowing two registration. men to become the first same-sex couple to Political inaction from the Council of register their civil union. Ministers, and the reluctance of authorities at all levels to co-operate, led to failures in identifying additional suitable 1. Healing the pandemic of impunity: 20 human rights recommendations for candidates in the 2020 presidential elections in accommodation and prevented the transfer Bolivia (AMR 18/2871/2020) of existing reception centres from the International Organization for Migration (IOM) to BiH authorities. BOSNIA AND In August, citing the lack of support from the national government, Una-Sana Canton authorities prohibited new arrivals on their HERZEGOVINA territory and imposed strict measures targeting migrants and asylum-seekers living Bosnia and Herzegovina outside official accommodation centres. The Head of state: Rotating presidency − Milorad Dodik, measures included severe restrictions on Željko Komšić, Šefik Džaferović Head of government: freedom of movement, prohibition on gatherings in public places and using public transport, and a ban on letting The authorities failed to provide support to accommodation to migrants.1 thousands of refugees, asylum-seekers and In September, the Una-Sana Canton migrants stranded in the country. The authorities forcibly evicted residents from the Constitutional Court declared that official reception centre operated by the IOM movement restrictions imposed on older in Bihac, leaving close to 400 people without

Amnesty International Report 2020/21 91 shelter and assistance in deteriorating social media about the lack of equipment weather conditions.2 In the last days of and capacities in local hospitals. Federation December, around 900 migrants and asylum- BiH authorities actively monitored private seekers were stranded in inhumane social media accounts and criminally conditions and without access to food, water charged at least five people for “spreading or electricity in the temporary camp Lipa after false information and panic” in March. At the the authorities failed to agree to their end of the year, there was no credible relocation to more suitable facilities in other information on whether any of the charges parts of the country. The European were dropped. The Council of Europe Commission strongly condemned the actions Commissioner for Human Rights warned that saying they “undermined the rule of law and the measures limited the right to freedom of put lives at risk”. expression. At the end of the year, around 3,000 asylum-seekers and migrants were living in FREEDOM OF ASSEMBLY squats, abandoned houses and forests According to the , laws across Una-Sana Canton. regulating assemblies were contrary to international law as they severely restricted FREEDOM OF MOVEMENT public places for protests and placed a As a part of the COVID-19 emergency disproportionate burden on organizers, who measures in March, the authorities imposed had to cover the costs for additional security a blanket 24-hour curfew on children and and emergency measures during events. people aged 65 and older. The curfew was eased after several weeks but over 300 RIGHT TO PRIVACY people found in violation of the order In March, authorities in several parts of the received fines that could exceed the average country cited public health grounds in monthly pension. In April, the Constitutional disclosing personal data of individuals, Court ruled the measures were including minors, who were diagnosed with disproportionate and breached the right to COVID-19 and of those with orders to self- freedom of movement enshrined in the isolate. The BiH Data Protection Agency Constitution and the European Convention on warned that it breached national data Human Rights. protection legislation and prohibited further public disclosure of personal data by the FREEDOM OF EXPRESSION authorities. The BiH Association of Journalists recorded nearly 30 cases of serious violations of media RIGHT TO TRUTH, JUSTICE AND freedom, including physical assault and REPARATION death threats against journalists and other In September, the BiH Council of Ministers media workers. adopted the long-delayed revised War Crimes Journalists and others criticizing the Strategy, which set new deadlines for government’s COVID-19 response faced completion of backlog cases. By the end of backlash and censorship. In several cantons, 2020, over 600 cases were pending before independent journalists were denied access various courts in BiH. to government briefings on the COVID-19 Prosecution of war crimes continued to be crisis. In March, the Republika Srpska delayed due to systemic deficiencies in the government issued a decree prohibiting the Prosecutor’s Office. “incitement of panic and disorder” and In March, a survivor of wartime rape in imposed heavy fines for violations. At least 18 Novi Travnik received financial people were charged under the decree compensation, the first such award in before it was repealed in late April, including criminal proceedings. a medical doctor who expressed concern on

92 Amnesty International Report 2020/21 In August, the UN Committee for Later that month, the President pardoned Elimination of Discrimination against Women 149 prisoners to ease (CEDAW) ruled in a wartime rape case that during the COVID-19 pandemic. Twenty of BiH failed to ensure an impartial and those released were reportedly foreign effective investigation and adequate nationals. It was not clear which crimes were reparation to the victim. The Committee pardoned or how long the prisoners had left called on BiH to provide immediate and on their sentences. comprehensive support to survivors of . TORTURE AND OTHER ILL-TREATMENT In July, the country marked the 25th According to the NGO Ditshwanelo (the anniversary of the Srebrenica genocide when Botswana Centre for Human Rights), a 16- more than 8,000 Bosnian Muslim men and year-old boy was flogged at a traditional court boys were killed; survivors continued to face in Mahetlwe village in Kweneng District by insurmountable obstacles to obtaining truth, the village’s Deputy Chief, and on instructions justice and remedy.3 from the police, for not wearing a face mask. Over 7,200 people remained missing as a result of the armed conflict. Political pressure ECONOMIC, SOCIAL AND CULTURAL and lack of resources continued to impede RIGHTS the work of the BiH Missing Persons Institute. Food insecurity remained widespread, mainly as a result of recurring drought. It was compounded by an African Migratory Locust 1. Bosnia and Herzegovina: Reckless restrictions of movement leave refugees and migrants stranded without protection (News story, 25 outbreak in February which affected staple August) crops. These factors, combined with 2. Bosnia and Herzegovina: Authorities create gratuitous suffering for COVID-19 pandemic mitigation measures like hundreds left without shelter (News story, 1 October) border closures, adversely affected food 3. Bosnia and Herzegovina: 25th anniversary of Srebrenica massacre is supplies and further exacerbated food a sombre warning from history (News story, 9 July) insecurity levels. The impact of lockdown and movement restrictions was particularly harsh for people BOTSWANA working in the informal economy, among the most vulnerable to a socio-economic shock, Republic of Botswana who represented the majority of workers Head of state and government: across the country, and particularly those who mainly worked in the agricultural sector Food insecurity remained widespread. State as well as street vendors. of emergency legislation was introduced in In May, the government enforced the response to the COVID-19 pandemic which wearing of face masks in public and imposed further restricted the right to freedom of a maximum fine of BWP5,000 (approximately expression. Police subjected political US$432) or up to five years’ imprisonment activists to torture and other ill-treatment. for anyone who failed to comply. Death by was maintained as a punishment for crimes including murder. FREEDOM OF EXPRESSION Powers Act prohibited BACKGROUND journalists from using “source(s) other than On 2 April, the President declared a state of the Director of Health Services or the World public emergency and also introduced Health Organization” when reporting on legislation under the Emergency Powers Act. COVID-19. Journalists failing to obey faced a He ordered a 28-day national lockdown fine of up to BWP100,000 (approximately subject to parliamentary oversight, which was US$8,100) or a five-year jail term. The Act extended for another week on 28 April. outlawed publishing information with “the

Amnesty International Report 2020/21 93 intention to deceive” the public about space fomented by an official narrative that COVID-19, or information about the stigmatized NGOs, journalists, activists, government’s measures to control the spread human rights defenders and social of the virus. movements continued. Obstacles to Several people were believed to have been freedom of expression and attempts to charged either under the Emergency Powers restrict this right impacted the work of Act or the Penal Code for expressing their journalists and media workers. Attacks and opinions. For example, Justice Motlhabane, killings of human rights defenders, the spokesperson for the Botswana Patriotic members of Indigenous Peoples, Front, an opposition party, was arrested by Quilombola communities and environmental police on 16 April for “degrading and defenders remained chronic problems. maligning the leadership” after he was Protection of natural resources and accused of suggesting on Facebook that the traditional territories was neglected as President would prolong the state of government structures to protect Indigenous emergency to “deal with his political rivals Peoples and the environment were further and business competitors”. Justice dismantled and weakened. Violence against Motlhabane told journalists that he was women increased in the context of tortured by being electrocuted while in police measures introduced to curb the spread of custody on this and several other occasions. COVID-19. The pandemic exposed deep- seated inequalities in Brazilian society, Journalists impacting communities that face On 18 June, journalists David Baaitse and discrimination disproportionately. The Kenneth Mosekiemang were arrested by President’s ongoing denial of the gravity of intelligence agents after they photographed a the COVID-19 pandemic only exacerbated building linked to the Directorate of the situation. Intelligence and Security, the domestic and international intelligence agency. After BACKGROUND spending a night in custody, they were On 31 March a group of people gathered in released and charged with “common front of the army´s headquarters in Brasília, nuisance”, which, under the Penal Code, the capital, to commemorate the 1964 coup, carries a fine of up to BWP5,000 (US$432) which led to a 21-year-long military or up to two years’ imprisonment. government. The demonstration was attended by President Bolsonaro, who DEATH PENALTY referred to the date as “the day of ”. Botswana continued to impose death According to Brazil’s National Truth sentences and carried out executions by Commission, under the military regime hanging for crimes including murder. It was hundreds of people were systematically the only state in Southern Africa to carry out tortured, disappeared and extrajudicially executions. executed. Mainly due to the interpretation given to the 1979 Amnesty Law, impunity continued to prevail for crimes under international law and human rights violations BRAZIL committed during the military government Federative Republic of Brazil (1964-1985). Head of state and government: Jair Messias Bolsonaro RIGHT TO HEALTH The COVID-19 pandemic hit Brazil Anti-human rights rhetoric continued to powerfully, deepening existing historic, escalate, increasing the risks to human structural and persistent inequalities and rights defenders. The shrinking of civic exacerbating the economic, political, and

94 Amnesty International Report 2020/21 public health and sanitation crisis in the protective equipment, a lack of clear country. The government failed to ensure the protocols to manage infections, the absence right to health, including access to health of mental health support, lack of social care, and social protection for all peoples. By protection for workers’ families and the end of the year, the number of people precarious employment contracts. who had died of COVID-19 was around 195,000, the second highest total of any Prisoners country in the world. Brazil was an epicentre Prisoners were denied their right to health by of the pandemic, with more than 7 million inadequate state measures to deal with and cases of infection. curb the pandemic. Systemic overcrowding, Although dealing with the COVID-19 inadequate health services, and poor living pandemic was a challenge worldwide, the and sanitary conditions posed grave outbreak in Brazil was exacerbated by concerns for the right to health of prisoners ongoing tensions between the federal and and juvenile detainees. According to the state authorities, the absence of a clear plan National Council of Justice, as of October, of action based on the best available more than 39,000 COVID-19 cases in the scientific information and the lack of adult prison system and 4,190 cases in the transparency in public policies, among other juvenile detention system were registered. In failings. terms of testing, from October to December 2020, at least five states (Amazonas, Espirito Economic and social rights Santo, Paraiba, Rondônia and Roraima) had The government failed to mitigate the social not conducted one single additional test in and economic consequences of COVID-19 on their prisons. The State of Roraima, for groups in vulnerable situations, such as low- instance, did not report testing of any income communities, women, LGBTI people, prisoners or workers in the system to date. residents of favelas, Indigenous Peoples and The administrative area with the highest Quilombola communities. Economic relief prison population rate was the Distrito programmes for low-income individuals were Federal, with 15% of the detainees tested insufficient and flawed. Many people faced from the beginning of the outbreak in March difficulties registering for these benefits and to December. the process was mired with allegations of lack of transparency. FREEDOM OF EXPRESSION In November 2020, there was a massive Attacks on journalists and media workers 21-day blackout in the State of Amapá. restricted and stifled freedom of expression. According to the National Coordination of According to a report by the NGO Article 19, Articulation of Black Rural Quilombola between January 2019 and September 2020, Communities (CONAQ), the lack of electricity members of the federal government made worsened the humanitarian crisis faced by aggressive and stigmatizing statements Quilombola and Indigenous communities in towards journalists and their work 449 times. the state. These attacks included intimidation, smear campaigns, defamation, gender Health workers discrimination and questioning the legitimacy The state failed to provide health workers of journalistic activity. with adequate assistance during the Restrictions on civil society participation in COVID-19 pandemic. According to the public debate about government policies Brazilian Association of Collective Health and intensified as a result of the hostile the Brazilian Society of Family and government approach to social movements Community Medicine, health care and NGOs. The authorities constantly and professionals faced challenging working consistently used rhetoric that stigmatized conditions, including insufficient personal activism and groups in vulnerable situations.

Amnesty International Report 2020/21 95 An emblematic example of this was the example, in the State of Acre, the rate of President’s speech at the UN General femicides increased by 400%. Other states Assembly in September. Jair Bolsonaro also saw significant increases in the number alleged that there was a “disinformation of femicides from March to May: 157.1% in campaign” about wildfires and deforestation Mato Grosso, 81.8% in Maranhão and 75% in the led by international in Pará. institutions. He also claimed the wildfires In the first six months of 2020, 1,861 were a consequence of the traditional women were murdered, and an additional practices of Indigenous Peoples and other 648 were victims of femicide, according to traditional communities. Days later, General data from 12 states compiled by the Brazilian Augusto Heleno, Chief of the Institutional Public Security Forum. Emergency phone Security Cabinet, accused the Articulation of calls to the police related to domestic Indigenous Peoples of Brazil (APIB) violence rose by 3.8% in the first six months movement of endangering national security of 2020 compared to the same period in due to its work on Indigenous Peoples’ rights, 2019. In the State of Ceará, according to the citing the same legislation that the military Popular Public Security Forum, the number dictatorship used in previous decades to of women killed increased by 66% in the first accuse the opposition of treason. seven months of the year compared to the same period in 2019, during which 216 HUMAN RIGHTS DEFENDERS women were killed. The number of girls A report by the NGO Global Witness murdered increased by 124% in the same highlighted the dangerous situation faced by state. territory, land and environmental defenders in There were over 119,546 cases of Brazil, which was third in its list of the most domestic violence resulting in physical lethal countries for environmental and human injuries to women in the first six months of rights activists. the year, equivalent to an average of 664 On 18 April, Ari Uru-Eu-Wau-Wau was cases per day. This represented an overall killed in the city of Jaru, in the State of reduction of 11% compared to the same Rondônia, after several threats in 2019. period in 2019, likely due to under-reporting The notorious killing in 2018 of Marielle during the pandemic. However, six states Franco, a defender of LGBTI, Black and registered an increase in cases of physical women’s rights, and her driver, Anderson injuries during the same period. The State of Gomes, highlighted the obstacles faced in Pará saw the highest rise in such cases: obtaining justice and reparations for attacks 2,674 cases were recorded, an increase of on human rights defenders. Two men were 46.4% compared to the same period of the charged with carrying out the killings. previous year. On average 126 girls and However, two years after the death, women were raped every day in the country investigations had yet to establish who was during 2020. behind the killings. RIGHTS OF INDIGENOUS PEOPLES AND RIGHTS OF WOMEN AND GIRLS OTHER TRADITIONAL COMMUNITIES One of the indirect consequences of Despite Brazil’s international commitments movement restriction measures to curb the and national laws for the protection of spread of COVID-19 was an increase in cases Indigenous peoples and other traditional of domestic violence against women. Data communities, the historical lack of respect for consolidated by the Brazilian Public Security the rights of these communities intensified in Forum revealed that the rate of femicide 2020. increased in 14 out of the 26 states in the Illegal mining, wildfires and the seizure of period between March and May 2020 as land for illegal cattle farming and compared to the same period in 2019. For agribusiness continued to threaten

96 Amnesty International Report 2020/21 Indigenous peoples and other traditional (ADPF) number 709, which seeks health communities, impacting the right to land of protection measures for these communities, these communities and affecting the natural due to the pandemic. According to the environment.1 lawsuit, the fatality rate among Indigenous Data collected by the National Institute for peoples was 9.6%, while the national average Space Research registered an increase of was 5.6%. The Supreme Court had 9.5% in the destruction of forests between determined that the state should implement a August 2019 and July 2020, compared to the specific emergency plan and public health same period a year earlier. More than sanitation measures in Indigenous areas. 11,000km² of forest were devastated in that However, in December a third version of the period. The progressive dismantling of plan presented by the government was national institutions responsible for rejected by the Supreme Court for not monitoring and protecting these areas providing answers to basic topics such as reflected the failure of the state to fulfil its access to water and sanitation and for not obligation to guarantee the rights of affected setting detailed measures to provide personal communities to a healthy environment, protective equipment (PPE), testing material livelihoods, and to be protected from forced and human resources. APIB claimed that a evictions. proper response to the pandemic was Wildfires in the Amazon were, in many coming from within the community, since the cases, started by farmers who illegally federal government had failed to comply with invaded the territories of Indigenous peoples the Supreme Court's determination to protect in order to prepare the land for cattle. Cattle the communities in the context of a illegally grazed in the Amazon has entered pandemic. The articulation had to create an the supply chain of JBS, the biggest meat- emergency plan to equip the special units packing corporation in the world.2 across the country by delivering tests, In a public hearing before the Inter- breathing tubes, hygiene kits, PPE and American Commission on Human Rights in cylinders of oxygen. October, Indigenous representatives The CONAQ took ADPF 742 to the Federal condemned invasions into Yanomami Court in September, demanding a national territories and threats to Indigenous leaders plan in response to the pandemic in by those seeking to carry out illegal mining Quilombola communities, inspired by ADPF activities. They also condemned the invasion 709. The plan was filed, but there was still no of the lands of the Uru-Eu-Wau-Wau, positive action. The organization launched its Karipunas, Guajajaras and Tembés own initiative to monitor the spread of communities for economic exploitation. Many COVID-19 among communities and kept members of Indigenous communities have alerting to high fatality rates and under- lost their lives in the context of these reporting. Communities also denounced invasions, including Edilson Tembé dos other difficulties – and even denial – in Santos killed in September and Ari-Uru-Eu- accessing tests. Wau-Wau, killed in April. EXCESSIVE USE OF FORCE Right to health In favelas and other marginalized Ineffective public policies and measures to neighbourhoods, police violence escalated mitigate the impact of COVID-19 among during the COVID-19 pandemic. Between traditional communities highlighted the January and June, at least 3,181 people were failure of the state to ensure the right to killed by the police across the country, an health of these groups. average of 17 deaths per day and 7.1% more In July, along with six political parties, than in 2019. While people were following APIB took to the Supreme Court the Action of recommendations to stay home, police Noncompliance with Fundamental Precept officers continued to conduct incursions in

Amnesty International Report 2020/21 97 favelas for arrests which ended in killings. known as the Anti-Crime Package has Federal and state governments and determined that an investigated policeman representatives publicly supported the idea should have a lawyer during investigations that “good criminals are dead criminals” and and if he does not have one, the police the use of force by the police in favelas and corporation should provide him one. In city outskirts. addition, the State of São Paulo determined According to the Brazilian Public Security that military policemen should have access to Forum, 79.1% of the people killed by the lawyers for free. Since public defenders do police were Black and 74.3% were under 30 not act during investigations and no private years of age. Brazil´s population comprises lawyers have been nominated for the cases, 54% Black people, according to the Brazilian the internal ordinance of the Military Police Institute of Geography and Statistics. says investigations should be suspended. Residents of marginalized neighbourhoods These conditions resulted in at least 300 were the most affected. police killings not being investigated. During the year, Rio de Janeiro’s police In the state of Bahia, police killings rose forces continued to carry out militarized from 361 in the first six months of 2019 to police operations in favelas, frequently using 512 in the same period in 2020, an increase and armoured vehicles. Police of 42%. In the state of Ceará, 96 people were killings in the state reached a level killed in the first six months of the year, a unprecedented since they began recording 12.5% increase compared with the same fatalities in 1998; between January and May, period in 2019. In July, 13-year-old Mizael 741 people were killed, the highest number Fernandes da Silva was killed by the police in the country. while he was at home asleep. Two parallel In May, 13 men were killed in Complexo procedures were initiated to conduct do Alemão, a group of favelas in Rio de investigations. The military investigation Janeiro, during a violent police operation concluded that the police officers who killed carried out by the Special Operations the boy were acting in self-defence. The Battalion (BOPE) and the police. parallel investigation by the Civil Police A few days later, 14-year-old João Pedro concluded that a police officer should be Mattos died in an operation in the Salgueiro charged with the crime of homicide and favela, São Gonçalo, Rio de Janeiro. He was violating legal procedures. The prosecution at home with friends when members of the had not pressed charges by the end of the Special Resources Unit (CORE) entered his year. home and fired over 70 rounds. João Pedro Mattos was shot in the back. ENFORCED DISAPPEARANCES The worsening situation in Rio de Janeiro Enforced disappearances remained a serious led civil society organizations, local activists, concern nationwide given the involvement of the Rio Public Defender’s Office, the paramilitary groups, including police officers Brazilian and relatives of and former state agents, in these crimes in victims to file a with the Supreme the past decades. Court to stop police incursions in the favelas. Despite families’ struggle for justice, In June, the Court issued a preliminary impunity persisted and there was no decision to suspend police operations in significant progress in clarifying past cases of favelas during the pandemic. Following the enforced disappearance. decision, killings by the police fell by 74%. Domestic law was not brought into line In São Paulo, police officers killed 514 with international and did not include civilians between January and June, a 20% a specific crime of enforced disappearance, increase compared to the same period in which continued to be dealt with under other 2019 and the highest number since records provisions, such as kidnapping. This gap in started to be collected in 2001. A recent law the law continued to pose a barrier to the

98 Amnesty International Report 2020/21 prosecution of those responsible for enforced bisexual, transgender and intersex people disappearances, as well as to the faced discrimination and social exclusion. implementation of reparation policies for victims. The justice system also lacked FREEDOM OF EXPRESSION effective and independent systems for the As a part of COVID-19 emergency measures investigations into these crimes. in March, the government proposed There was no progress in the case of Davi amendments to the Criminal Code that would Fiuza, a 16-year-old Black youth who, impose heavy fines and prison sentences for according to witnesses, was forcibly dissemination of false information. However, disappeared in October 2014. He was last the President vetoed the proposal before it seen in the city of Salvador de Bahia with his became law, citing its negative impact on hands and feet bound being put into the freedom of expression. trunk of a car that was escorted by the Bahia Media freedom continued to deteriorate, State Military Police. In 2018, the Public with journalists investigating organized crime Prosecutor´s Office indicted seven military and corruption facing intense political and police officers for kidnapping and false prosecutorial pressure in the form of threats imprisonment. In 2019 the case was and intimidation. transferred to a military court, contrary to In July, investigative reporter Nikolay international human rights law standards. Staykov was questioned by the Prosecutor’s Hearings scheduled to take place in April and Office and threatened with prosecution after June were postponed, ostensibly due to he released a documentary which implicated COVID-19. At the end of the year no date had the Prosecutor’s Office in a financial crime. been set for the rescheduled hearings to take Several journalists covering the anti- place. government protests in the capital, , in September were physically assaulted by police; one was detained for hours. The 1. Brazil: Alarming number of new forest fires detected ahead of Amazon Day (News, 3 September) Council of Europe’s Commissioner for Human 2. Brazil: Cattle illegally grazed in the Amazon found in supply chain of Rights called the actions “unacceptable” and leading meat-packer JBS (News, 15 July) urged the authorities to investigate the attacks. In its Rule of in September, the European Commission expressed serious BULGARIA concerns about the lack of transparency of Republic of Bulgaria media ownership and noted that media Head of state: remained subject to systematic political th Head of government: Boyko Borisov control. Ranking 111 out of 180 countries on the World Press Freedom Index, Bulgaria remained the EU member state with the Media freedom and freedom of association lowest standard of media freedom. further deteriorated as authorities targeted journalists and critics and cracked down on FREEDOM OF ASSOCIATION anti-government protests. Authorities In July, United Patriots, a junior partner in the placed some Roma communities under governing coalition, proposed amendments to mandatory COVID-19 quarantines and the Non-profit Legal Entities Act that would severely restricted their movement; officials impose disproportionate scrutiny and strict engaged in openly racist rhetoric towards reporting requirements for organizations Roma. Domestic violence remained receiving foreign funding. A coalition of NGOs widespread and resources to support warned that the amendments were victims were insufficient. Lesbian, gay, inconsistent with the European Convention on Human Rights and EU law and would

Amnesty International Report 2020/21 99 create a hostile environment for civil society standards. The UN Special Rapporteur on organizations. violence against women urged Bulgaria to In September, dozens of people, including amend the Criminal Code to include a rape journalists and police, were injured and provision based on lack of consent and hundreds were arrested when months-long explicitly covering marital rape. A 2018 anti-government protests in Sofia were Constitutional Court ruling declaring the forcefully dispersed by anti-riot forces. Police Istanbul Convention incompatible with the used pepper spray, tear gas and water Bulgarian Constitution continued to prevent cannons against protesters who demanded the Convention’s ratification. the resignation of the Prime Minister and Chief Prosecutor, combined with an overhaul DISCRIMINATION of state governance. The European The COVID-19 pandemic and nationwide Parliament strongly criticized the “violent and lockdown exacerbated the already disproportionate intervention” by the police widespread discrimination against Roma. and urged the authorities to investigate Between March and May, local authorities reports of excessive use of force. in Sofia, Nova Zagora, Kazanlak, Yambol and Authorities targeted businesses and Sliven imposed a special regime, including individuals associated with the protests, mandatory quarantine for all residents, which allegedly subjecting them to politically disproportionately applied only to majority- motivated prosecutions and financial audits. Roma neighbourhoods.1 The quarantines Anti-government protests continued into were enforced by armed police who set up December. roadblocks and prevented people from leaving the settlements. At the same time, the VIOLENCE AGAINST WOMEN AND GIRLS authorities failed to provide sufficient and Domestic violence remained widespread and safe access to water and sanitation, medical significantly under-reported. According to supplies and food during the quarantines, women’s rights organizations, the COVID-19 putting many families at further risk of pandemic exacerbated the situation, in which COVID-19 infection and poverty. at least eight women were killed by their In Burga municipality, the authorities used partners during the two months’ nationwide drones with thermal sensors to take the lockdown between March and May. temperature of residents in Roma settlements For domestic violence to be considered as remotely and monitor their movements. In a grave punishable offence, the Criminal the town of Yambol, the authorities used Code required it to be committed in the planes to “disinfect” the Roma context of “systemic violence” or be neighbourhood, which had registered preceded by three separate acts of violence COVID-19 infections. Such measures were by the same perpetrator. This exposed only applied to Roma communities.2 victims to prolonged risks and limited their Hostile anti-Roma rhetoric increased access to justice. Victims of violence faced during the ongoing pandemic, with officials barriers in accessing support services and openly engaging in hate speech. The legal assistance, while capacity in the existing Bulgarian National Movement (VMRO) party shelters remained insufficient. In May, the portrayed Roma as a collective threat to the government adopted a national domestic general population, while government violence prevention programme aimed at ministers threatened stricter COVID-19 improving co-ordination among relevant measures against Roma, suggesting that they institutions and organizations. deliberately flouted physical distancing rules. The definition of rape in the Criminal Code In May the UN Special Rapporteurs on did not include marital rape and required contemporary forms of racism and on evidence of physical resistance by the victim, minority issues urged officials to stop hate which was contrary to international speech and end restrictions targeting Roma

100 Amnesty International Report 2020/21 neighbourhoods, stating that they violated the recruitment of local “volunteers” to residents’ rights to equality and freedom of support military operations. movement. Seven of the 13 regions remained under a state of emergency, giving the authorities RIGHTS OF LESBIAN, GAY, BISEXUAL, extensive powers to arrest and detain people TRANSGENDER AND INTERSEX (LGBTI) and limit their movements. PEOPLE In March, a national curfew was imposed In a homophobic attack in in to control the spread of COVID-19. The September, a group of young football fans government also released 1,207 prisoners to physically attacked and injured several reduce prison overcrowding and mitigate the teenagers, some as young as 14, whom they risk of infection. perceived to be LGBTI. The attackers In September, the Electoral Code was reportedly wanted to “cleanse” the city centre amended ahead of the presidential elections of LGBTI people. The Plovdiv Prosecutor and stipulated that where polling stations initiated a criminal investigation which was were closed for exceptional security reasons, ongoing at the end of the year. election results would be based on votes cast According to an EU Fundamental Rights in stations which remained open. In Agency survey, over 70% of LGBTI people in November, President Kaboré was re-elected Bulgaria felt compelled to their sexual for a second term. orientation and 40% avoided certain locations for fear of being assaulted or ABUSES BY ARMED GROUPS threatened. There were regular clashes between armed groups, and attacks against civilians were committed, often along ethnic lines, which 1. Stigmatizing quarantines of Roma settlements in Slovakia and Bulgaria (EUR 01/2156/2020) could amount to war crimes. 2. Policing the pandemic: Human rights violations in the enforcement of Since the beginning of the year, the Group COVID-19 measures in Europe (EUR 01/2511/2020) for the Support of Islam and Muslims (GSIM) had blockaded the city of Djibo, in Soum province, Centre-North region, restricting access and peoples’ movement along a BURKINA FASO 37km stretch. Burkina Faso In March, the Koglweogo, an armed “self- Head of state: Roch Marc Christian Kaboré defence” group, raided three villages in the Head of government: Christophe Joseph Marie Dabiré Barga department in the Northern region, killing at least 43 inhabitants and destroying buildings. In the same month, at least 10 Armed groups committed human rights civilians were taken from a mosque in Cissé abuses, including killings and abductions, village in the Sahel region and killed by in the context of the armed conflict. unidentified gunmen, according to media Security forces also perpetrated reports. extrajudicial executions and torture. In May and August, at least 45 people Impunity remained pervasive. The right to were killed when unidentified assailants fired education was hindered. Freedoms of indiscriminately at cattle markets in expression and assembly were restricted. Kompienbiga town and Namoungou village in the Eastern region. BACKGROUND In July, the Mayor of Pensa and 10 others The armed conflict continued, particularly in were killed following an ambush on their the northern and eastern regions. In January, between the towns of Barsalogho and the Volunteers for the Defence of the Pensa in the Centre-North region, believed to Act was passed which allowed for be carried out by GSIM members. One

Amnesty International Report 2020/21 101 month later, El Hadj Souhaib Cissé, the marriage and , other sexual abuse leader of the Islamic community of Soum and exploitation, was exacerbated by the province, was abducted by gunmen while conflict. Victims of such violence faced travelling to his home in Djibo. His body was difficulty in getting help as sexual and found four days later on the outskirts of the reproductive health care services were either city. in short supply or were disrupted by the conflict. RIGHT TO EDUCATION The right to education was severely REFUGEES AND INTERNALLY undermined as a result of armed attacks by DISPLACED PEOPLE GSIM and Islamic State of Greater Sahara By August, according to UNHCR, 1 million members against primary and secondary people had been internally displaced by the schools; students and teachers were also conflict. Internally displaced people frequently threatened with violence. The (IDP) and refugee camps were the targets of Ministry of Education said that 222 education attacks by all parties to the conflict. workers had been “the victims of terrorist In May, army officers beat 32 refugees in attacks” between January and April. the Mentao refugee camp in the Sahel According to UNICEF, around 3,000 schools region, while searching for perpetrators of an were closed by April due to the security attack against them that day in which a situation. soldier was killed. UNHCR called on the authorities to investigate the incident, but EXTRAJUDICIAL EXECUTIONS they responded by saying the camp hosted On 9 April in Djibo, 31 people were arrested gunmen. and executed by members of the special unit In October, 25 IDPs were killed in an force during a raid. Although the government ambush by an armed group near the town of announced an investigation into the killings, Pissila, in the Central North region. Survivors which could amount to war crimes, no further said the assailants executed the men after information on the investigation was made separating them from the women and public. children, who they later released. TORTURE AND OTHER ILL-TREATMENT RIGHT TO TRUTH, JUSTICE AND On 11 May, gendarmes, accompanied by REPARATION volunteers, arrested and detained at least 25 In February, El Hadj Boureima Nadbanka, people at a market in Kpentchangou town in commander of the Koglweogo in the Eastern region. The next morning, 12 of Namentenga province, Central North region, them were found dead in their cells at the was provisionally released by the High Court Tanwalbougou gendarmerie post. The of Kaya. He had been arrested in December gendarmerie denied responsibility, but the 2019 in connection with an investigation into survivors, who were released in June, said the unlawful killings of 50 people and the that the 12 men had died as a result of enforced disappearance of 66 others in the severe beatings by the gendarmes. The village of Yirgou, in Sanmatenga province, in authorities said they would investigate the January 2019. No significant progress had incident but no public information was been made in the proceedings against him at available at the end of the year on the the end of the year. investigation. FREEDOMS OF EXPRESSION AND GENDER-BASED VIOLENCE ASSEMBLY According to UNHCR, the UN refugee In January, a car belonging to Yacouba Ladji agency, the incidence of gender-based Bama, an investigative journalist and editor of violence, including rape, early and forced the Courrier Confidentiel, was set alight

102 Amnesty International Report 2020/21 outside his home. Journalists’ unions said the lines continued, and the President made attack was intended to intimidate him for his homophobic remarks in his speeches. work uncovering corruption and fraud. In the same month, the Ouagadougou City BACKGROUND Council arbitrarily banned a sit-in outside the The human rights situation did not improve Ouagadougou Court, organized by the following the May general elections. The Collective Against Impunity and presidential candidate for the ruling party, the Stigmatization of Communities (CISC). The National Council for the Defence of CISC were protesting at the authorities’ failure – Forces for the Defence of to secure justice for the 50 people killed by Democracy (CNDD-FDD), was elected. He the Koglweogo in Yirgou in January 2019 was inaugurated in June following the (see above, Right to truth, justice and sudden death of President Nkurunziza on 8 reparation). June. In late June, the Council of Ministers In August, the authorities stopped a were sworn in. This included the role of demonstration by supporters of deposed Prime Minister, newly created under the President Compaoré, refusing them access to 2018 Constitution. Communal and legislative the People’s House venue in Ouagadougou, elections took place in May, followed by without providing an official reason. Senate and local level or colline (hill) elections in July and August, respectively. RIGHT TO HEALTH There was no international election Workers’ rights observation mission, partly due to restrictions In March, the National Union of Human and imposed in response to the COVID-19 Animal Health Workers (SYNTSHA) raised pandemic. The Conference of Catholic concerns about the country’s preparedness Bishops of Burundi raised concerns about to tackle the COVID-19 pandemic and called “numerous irregularities” reported by its for greater protection for front-line health observers. On 4 June, the Constitutional workers. SYNTSHA regularly denounced the Court ruled that the election had been held lack of infrastructure investment and the “in a regular fashion”. government’s failure to respect the 2017 In October, the UN Human Rights Council agreement which had aimed to improve voted to renew the mandate of the health workers’ employment conditions. Commission of Inquiry on Burundi. RIGHT TO HEALTH Government representatives initially claimed BURUNDI that the country’s “special pact with God” Republic of Burundi had spared it from being impacted by Head of state: Evariste Ndayishimiye (replaced Pierre COVID-19. In late March, a government Nkurunziza in June) spokesperson threatened sanctions against Head of government: Alain Guillaume Bunyoni schools and other institutions for taking (assumed office in June) proactive containment measures ahead of the government, and for seeking “to Unlawful killings, arbitrary arrests, enforced manipulate or disorientate public opinion”. disappearances and sexual violence were Initial measures taken by government carried out, mainly against perceived included quarantine for travellers, and advice political opponents. Freedoms of on hand washing and avoiding physical expression, association and peaceful greetings. The international airport was assembly remained restricted; journalists closed from late March to early November. and human rights defenders faced reprisals Mass gatherings continued during and after for their work. Hate speech along ethnic the election campaigns. In May, some doctors told the media that testing was

Amnesty International Report 2020/21 103 insufficient and that official COVID-19 figures September, in which she stated that the underestimated the actual death rate. The country would never see gender equality, and Minister of Foreign Affairs expelled the WHO quoted from scripture to support her representative and three medical experts in argument. The Family Code recognizes mid-May. Former President Nkurunziza’s husbands as the head of the “conjugal death proved a turning point in the community”. authorities’ approach to the pandemic. On 30 President Ndayishimiye made several June, the incoming President declared homophobic remarks in his speeches. In his COVID-19 “public enemy number one”, and inauguration speech, he described same-sex the government launched mass testing. marriage as “social deviation”; in August, he suggested a correlation between countries REFUGEES AND ASYLUM-SEEKERS which accepted homosexuality and high The government continued to encourage COVID-19 rates. refugees to return to Burundi. Refugee returns, facilitated by the governments and FREEDOM OF EXPRESSION UNHCR, the UN refugee agency, continued In January, Agnès Ndirubusa, Christine from Tanzania and began in August from Kamikazi, Egide Harerimana and Térence Rwanda. Tanzanian authorities arrested, Mpozenzi, journalists at Iwacu Press Group, forcibly disappeared, tortured and arbitrarily arrested in October 2019 on their way to detained several refugees, some of whom report on clashes in Bubanza province, were were later forcibly returned to Burundi. convicted of an “impossible attempt” to Returnees continued to face difficulties threaten internal state security. They were reintegrating and received insufficient sentenced to two-and-a-half years in prison support. Some were accused of supporting and fined BIF1 million (US$525). Their driver the opposition and were threatened or Adolphe Masabarakiza was acquitted. In physically attacked by the Imbonerakure, the June, the Ntahangwa Court of Appeal upheld ruling party’s youth wing. their conviction on appeal, but in December Restrictions due to COVID-19 made it they received a presidential pardon and were harder for people to seek asylum outside released.1 Burundi. Between January and mid-March, In October, Fabien Banciryanino, a former 3,242 people sought refuge in neighbouring opposition parliamentarian, was arrested on countries in the run-up to the May elections. charges of rebellion, defamation, and Between mid-March, when border threatening state security. He was questioned restrictions were imposed, and the end of about speeches he had made in the National November, only 24 new arrivals from Burundi Assembly in which he criticized the were registered in the region. government, which would normally be covered by parliamentary immunity.2 DISCRIMINATION In the run-up to the elections, CNDD-FDD HUMAN RIGHTS DEFENDERS members increasingly used rhetoric which In June, Burundi’s Supreme Court ruled that incited violence against the political the 2019 Ntahangwa Court of Appeal’s opposition, and justified attacks against decision to uphold human rights defender opposition members. The government failed Germain Rukuki’s conviction, and 32-year to hold to account those suspected of being prison sentence, was invalid. The case was responsible for hate speech along ethnic sent back to the Court of Appeal to be heard lines. Such rhetoric continued after the again with a newly composed . elections. The trial of 12 exiled human rights Women’s groups criticized First Lady defenders and journalists for “insurrection” Angeline Ndayishimiye Ndayubaha’s speech continued before the Supreme Court. They to the Women’s Leaders Forum in were accused of involvement in the failed

104 Amnesty International Report 2020/21 coup attempt of May 2015, in connection before the elections. Reports of arrests and with their role in protests against the then disappearances of party members continued President’s third term. Their lawyers were not throughout the year. present at a hearing in February. Two days before the election, the Prosecutor General wrote to the President of FREEDOM OF ASSOCIATION the National Election Commission asking for Members of the main opposition party, the the disqualification of 59 CNL candidates in National Congress for Freedom (CNL), faced the legislative and communal elections on numerous obstacles to their political grounds that they were the subject of ongoing activities. In some places, permission to open investigations. The Constitutional Court later party offices was denied, whereas in other overturned the decision to disqualify three locations their offices were vandalized and candidates for the National Assembly. destroyed. During the electoral campaign period, local administration officials UNLAWFUL KILLINGS prevented them from holding some campaign Extrajudicial executions and other unlawful rallies.3 killings continued throughout the year. After The authorities continued to press for fighting in February between an unidentified stricter control over the operations of armed group and the police and army in international NGOs, including by demanding Bujumbura Rural province, photographs and that organizations provide individualized data videos circulated on social media showing at on the ethnicities of their national staff. In least 12 young men who had been captured May, a presidential decree was issued to and tied up, as well as photographs of the establish international NGO recruitment bodies of several of the men. The UN committees, including government Commission of Inquiry on Burundi analysed committees in each province to oversee and the evidence and concluded that the men approve all national staff hires.4 were killed after being captured and while under the responsibility of police, military and ENFORCED DISAPPEARANCES the Imbonerakure, who also featured in the Enforced disappearances continued to be images. regularly reported, and previous cases The Imbonerakure killed several members remained unresolved. The UN Working of opposition parties during the election Group on Enforced or Involuntary period. CNL and CNDD-FDD members also Disappearances raised 81 new cases died as a result of violent clashes between (primarily from 2015 and 2016) with the the parties. Richard Havyarimana, a CNL authorities. By the end of the year, the member, was abducted in May in Mwaro government had provided no response to any province and his body was found three days of the 156 cases raised by the Working later. In a rare example of accountability, two Group since 2016. Despite having signed the members of the Imbonerakure were found International Convention for the Protection of guilty of his murder. They were sentenced in All Persons from Enforced Disappearance in August to 15 years in prison and ordered to 2007, Burundi was yet to ratify and pay his family compensation of BIF10 million implement it. (US$5,200). ARBITRARY ARRESTS AND DETENTIONS GENDER-BASED VIOLENCE The CNL reported that more than 600 of its Sexual violence was used by the members, including candidates, were Imbonerakure and others as a form of arrested before and during election day. intimidation and punishment against people Some were arrested after clashes with perceived as political opponents. In its 2020 Imbonerakure members. Several CNL report, the UN Commission of Inquiry members were convicted in expedited trials highlighted acts of sexual violence committed

Amnesty International Report 2020/21 105 against men and boys, as well as women and which severely impinges upon human girls, in detention at the National Intelligence rights. Human rights defenders, peaceful Service (SNR) since 2015. SNR agents demonstrators and members of the banned subjected male detainees to torture and other opposition party continued to face ill-treatment that targeted their genitals and harassment and intimidation through included rape. They also forced them to have misuse of the justice system. Women’s sexual relations with other detainees, male rights came under sustained attack, as and female, and subjected them to forced Prime Minister Hun Sen led a public nudity and other humiliation. Women were campaign that used arbitrary interpretations raped and subjected to other forms of sexual of “tradition” and “culture” to curtail the violence. rights of women. The ongoing anti-drug campaign led to widespread violations of RIGHT TO TRUTH, JUSTICE AND fair trial rights. People arbitrarily detained REPARATION in drug detention centres faced torture and Throughout the year, the Truth and other ill-treatment including inhumane Reconciliation Commission conducted highly living conditions. The economic impact of publicized exhumations of mass graves the COVID-19 pandemic left tens of connected to past atrocities. Exhumations thousands of garment workers and others at were focused on graves linked to the 1972 risk of destitution, particularly those massacres that primarily targeted . This holding microfinance debts. focus combined with comments made by public officials was polarizing and seen as an BACKGROUND attempt to impose a single narrative. The The government crackdown targeting exhumations were carried out in a manner independent media, outspoken civil society which jeopardized the preservation of organizations and the political opposition that valuable evidence and failed to ensure began in 2017 continued throughout 2020. respectful storage of human remains.5 The EU partially revoked Cambodia’s preferential free-trade status under the Everything But Arms (EBA) trade agreement, 1. Burundi: Upholding journalists’ conviction further undermines media freedom (Press release, 5 June) citing violations of labour rights and human 2. Burundi: Release outspoken opposition politician (AFR rights. Per capita, Cambodia was the most 16/3230/2020) microfinance-indebted country in the world. 3. Burundi: Prioritise human rights in election season (AFR 16/2214/2020) FREEDOM OF EXPRESSION 4. Burundi: Drop demand on international NGOs to disclose ethnic The authorities used the COVID-19 pandemic identity of employees (Press release, 27 February) as a pretext to further repress freedom of 5. Burundi: Human rights priorities for new government (AFR expression, with journalists, human rights 16/2777/2020) defenders and government critics targeted for the expression of their views. Between January and March, Amnesty International CAMBODIA documented 22 arrests, with seven people charged for allegedly sharing “false Kingdom of Cambodia information” about the pandemic, of whom Head of state: six were affiliated with the banned opposition Head of government: Hun Sen party Cambodia National Rescue Party (CNRP).1 Journalist Sovann Rithy was The extreme restrictions on civil and arrested on 9 April and later convicted on 5 political rights implemented since 2017 October of “incitement to commit a felony” intensified, with the new State of for quoting the Prime Minister Hun Sen Emergency Law adding to a legal framework verbatim about the economic impact of the

106 Amnesty International Report 2020/21 pandemic in the country.2 In April, the Law freedom of association. Environmental on the Management of the Nation in a State activists working to expose rampant illegal of Emergency was promulgated in response logging in the Prey Lang rainforest faced to COVID-19, providing the government with arbitrary detention and physical assaults by a range of arbitrary and excessive powers in both state authorities and corporate actors.5 times of emergency.3 In September, the Ministry of Interior On 31 July, police arrested prominent characterized grassroots groups Mother trade unionist Rong Chhun for comments he Nature Cambodia and Khmer Thavrak as made about the Cambodia-Viet Nam border. illegal organizations because they had not He was charged with “incitement to commit a registered under LANGO. felony” and remained in pre-trial detention. His arrest sparked protests which were met WOMEN’S RIGHTS with a series of further arrests and charges Hun Sen led a public attack on women’s targeting young people and environmental rights, invoking arbitrary notions of “tradition” activists. Between 13 August and 7 and “culture” to justify the policing of September, at least 12 young activists, women’s bodies and choices. In a speech in including a Buddhist monk and two rap January, he ordered the authorities to take artists, were arrested and charged with action against women who allegedly wore “incitement to commit a felony”, and placed “revealing” clothing while selling products on in pre-trial detention.4 Both rap artists were Facebook. Days later, authorities arrested later convicted. Other human rights and arbitrarily charged Facebook seller Ven defenders fled Cambodia in order to escape Rachna with producing “pornography” on the prosecution. Luon Sovath, a basis of her clothing.6 In June, attacks on Award winner and renowned activist monk, women’s rights intensified when the was forced to flee into exile after authorities in government released a draft of Cambodia’s the city of Siem Reap sought to defrock and proposed Law on Public Order. The draft charge him on the basis of spurious prohibited women from wearing clothes that allegations of sexual misconduct. were “too short” or “too see-through”. Despite this oppressive environment, many FREEDOM OF ASSOCIATION women and girls engaged in online protest Members of the banned CNRP faced against the draft law, which was still pending continued arbitrary criminalization and at year end. increasing levels of physical violence. CNRP president Kem Sokha faced trial on trumped- RIGHT TO HEALTH up treason charges in January, and his trial Detention conditions characterized by remained ongoing. CNRP co-founder Sam overcrowding and ill-treatment continued to Rainsy and over 100 CNRP politicians systematically violate detainees’ right to remained banned from participating in health. The government’s anti-drug politics following the party’s dissolution in campaign, which was rife with torture, other 2017. Judicial harassment against former ill-treatment and fair trial rights violations, CNRP politicians and activists intensified in entered its fourth year, exacerbating the November as at least 126 CNRP-affiliated overcrowding crisis in prisons and drug individuals were summoned in a series of detention centres. The campaign, which politically-motivated mass trials on treason emphasized criminalization rather than and incitement-related charges. Severe measures protecting the right to health, physical assaults of individuals affiliated with disproportionately impacted women and poor the CNRP continued, with no one arrested or and at-risk populations, including children, investigated for any of the attacks. sex workers and people living with HIV.7 The repressive Law on Associations and Amid the COVID-19 pandemic, in May NGOs (LANGO) continued to be used to stifle Cambodia’s ministers of justice and interior

Amnesty International Report 2020/21 107 revealed plans to reduce prison 3. Cambodia: Proposed emergency powers would obliterate human overcrowding.8 However, progress was limited rights (News story, 2 April) and the practice of arbitrarily detaining 4. Cambodia: Youth targeted in ‘shocking’ wave of arrests (News story, 10 September) people who used drugs, without charge, continued. 5. Cambodia: Harassment of forest defenders undermines struggle against climate change (ASA 23/2004/2020) ECONOMIC, SOCIAL AND CULTURAL 6. Cambodia: Drop discriminatory ‘pornography’ charges against RIGHTS Facebook seller (News story, 21 February) 7. Cambodia: Substance abuses: the human cost of Cambodia’s anti- The economic impact of the COVID-19 drug campaign (ASA 23/2220/2020) pandemic, combined with the partial 8. Cambodian authorities must follow through with release of prisoners revocation of EBA trade preferences, amid COVID-19 (ASA 23/2768/2020) adversely affected the country’s crucial 9. Cambodia: Probe into Thai exile's enforced disappearance moving at garment sector, leaving tens of thousands of snail’s pace, has glaring gaps (News story, 8 December) workers, the majority of whom were women, out of work. Workers’ socio-economic insecurity was exacerbated by ballooning levels of microfinance debt, which many were CAMEROON unable to repay as a result of the loss of Republic of Cameroon income. NGOs and unions criticized the Head of state: government for a failure to protect those at Head of government: Joseph Dion Ngute risk of homelessness and destitution because of the widespread practice of microfinance institutions using land titles as collateral for Security forces and armed groups continued loans. These developments put at risk the to commit human rights violations and right to an adequate standard of living for abuses. Hundreds of thousands of people millions of workers and their dependents. were displaced due to violence; and gender- People dependent on fishing and small-scale based violence against women was agriculture also saw their livelihoods seriously widespread. The government continued to threatened by the increasing impacts of crack down on peaceful dissent and on climate change combined with development critics. There were reports of torture and projects, including hydroelectric dams. other ill-treatment in detention. ENFORCED DISAPPEARANCES BACKGROUND On 4 June, Wanchalearm Satsaksit, a 37- In February, the ruling Cameroon People’s year-old Thai opposition activist living in exile Democratic Movement party won the in Cambodia, was abducted by unidentified legislative and local elections. Prior to this, persons in the capital, Phnom Penh. His the Cameroon Renaissance Movement, led whereabouts remained unknown. On 15 July, by Maurice Kamto, called for a boycott of the a group of UN experts wrote to the elections, and for electoral reform. President Cambodian authorities expressing deep Paul Biya has been in power since 1982. concerns about the “lack of progress in the On 17 March, the authorities adopted investigation into the alleged abduction and measures to control the spread of COVID-19, enforced disappearance”. As of December, including by closing borders. On 31 March, the authorities had made negligible progress the President made a plea for public in the investigation.9 solidarity to help fund the health sector. Many critics raised concerns about the lack of transparency surrounding the management 1. Cambodia: Overcrowded detention centres a ticking time bomb for COVID-19 amid raft of ‘fake news’ arrests (News story, 27 March) of the funds, and about public policies which 2. Cambodia’s Government Should Stop Silencing Journalists, Media failed to address hardship resulting from loss Outlets (ASA 23/3294/2020) of earnings. In April, hundreds of prisoners

108 Amnesty International Report 2020/21 were released, but severe overcrowding data compiled from UN bodies, media and continued to put detainees at increased risk other organizations. of COVID-19. Internally displaced people (IDPs) were victims of attacks. In August, at least 18 ABUSES BY ARMED GROUPS people were killed and 11 injured when Anglophone separatist armed groups assailants threw an explosive device into a continued to commit serious human rights makeshift camp in which they were sleeping, abuses, and targeted people perceived as near Nguetchewe village. Eight hundred IDPs government supporters in the North-West had taken shelter in the area. In September, and South-West regions. according to UNHCR, the UN refugee In the North-West, a man was killed and agency, a suicide bomb attack killed seven his father injured on 15 January, near people and wounded 14 others at Koyapé, a city, when they tried to avoid a village which hosted IDPs. checkpoint held by armed separatists. On 30 Also in the Far North region, as of January, four humanitarian workers were December, at least 124 people, mainly abducted by a separatist group which women and children, were victims of accused them of working for the government. abductions by armed groups related to Boko They were released the next day. The Haram. organization for which they worked said that three of them were beaten and subjected to UNLAWFUL KILLINGS psychological torture. On 7 August a In the armed conflict with separatist armed humanitarian worker was abducted from his groups, the military carried out attacks home in the by against villages in which people were unidentified assailants and later killed. Three unlawfully killed and their homes destroyed. days later, armed men killed a teacher in There was a spike in such violence in the Nkwen district in Bamenda and threw his run-up to the elections in January and body into a river. February. On 11 August, the body of Confort In January, soldiers shot at people in a Tumassang, a 35-year-old woman, was found market in Ndoh village in the South-West on a road in , a town in the South- region, in a reprisal attack following reports of . She had been beheaded by her a soldier being killed in the area. At least 16 attackers who were believed to be people were killed and five injured, including separatists. They posted a video of her two boys aged 14 and 17. execution on social media in which they On 14 February, at least 21 people were accused her of complicity with security killed, including children and two pregnant forces. women, in the Ngarbuh neighbourhood in At least eight students were killed and the North-West region. After NGOs others injured in an attack on a school on 24 investigated the incident, the government October in the town of in Mémé established a Joint Commission of Inquiry division, South-West region. The authorities which, on 21 April, concluded that 10 accused armed separatists. children and three women had died during Meanwhile, in the conflict in the Far North “gunfire exchange” between the army, region, armed groups related to Boko Haram supported by members of a “vigilante group”, carried out hundreds of attacks, committing and an armed group. The authorities said serious human rights abuses. Some of these that disciplinary procedures would be taken amounted to war crimes. Between January against all soldiers who participated in the and December, at least 312 civilians, operation, while others would face arrest. No including children as young as 10, were official information was available on this at killed in at least 412 attacks, according to the end of the year.

Amnesty International Report 2020/21 109 December. At least 500 demonstrators were INTERNALLY DISPLACED PEOPLE arrested on 22 September, the majority of As of November, according to the UN Office whom were members or supporters of the for the Coordination of Humanitarian Affairs Cameroon Renaissance Movement. (OCHA), more than 700,000 Cameroonians According to lawyers, 160 of them remained were internally displaced within or outside the in detention in the towns of , Yaoundé, North-West and South-West regions, as a Bafoussam and Nkongsamba and, as of 9 result of violence. A further 60,000 people December, 13 had been given prison sought refuge in neighbouring Nigeria. More sentences by civilian courts, and 14 had than 320,000 people were internally appeared before a military court. displaced in the Far North region. TORTURE AND OTHER ILL-TREATMENT GENDER-BASED VIOLENCE The death in custody of journalist Samuel The OCHA recorded 676 incidents of gender- Ebuwe Ajiekia was finally revealed by based violence in the North-West and South- independent media on 2 June, and then by West regions in September (compared to 567 the National Union of Cameroonian cases in August). The organization said that Journalists. His whereabouts had been their records may not have reflected the total unknown for nearly a year, and his death had number of cases due to their limited access been kept secret by the authorities. On 5 to affected communities. Of all reported June, the Defence Ministry confirmed his cases, sexual violence represented 39%. death and said that he had died of sepsis on Survivors of gender-based violence crimes 17 August 2019 at the Cameroon Military were mostly women (64%). Hospital in Yaoundé, although photographs of his body showed signs of physical torture and FREEDOMS OF EXPRESSION AND other ill-treatment. Samuel Ebuwe Ajiekia was ASSEMBLY arrested in , the capital of the South- The authorities continued to crack down on West region, on 2 August 2019, after he had peaceful dissent, banning demonstrations criticized the government’s handling of the and arbitrarily arresting those who exercised . He was initially detained their rights to freedom of expression and at the Buea police station before being taken peaceful assembly. On 18 September, four to an undisclosed location. members of the Stand Up For Cameroon movement, a coalition of political parties, NGOs and others, were arrested by the gendarmerie in Douala city after attending a CANADA meeting at the Cameroon People’s Party Canada headquarters. They were brought before a Head of state: Elizabeth II, represented by Governor military court on false charges of attempted General Julie Payette conspiracy, revolution and insurrection. The Head of government: judge ordered their pre-trial detention in New Bell prison where they remained at the end of There were concerns about governmental the year. responses to the COVID-19 pandemic, Maurice Kamto called for peaceful Indigenous land defenders, climate change demonstrations to take place on 22 and past cases of forced and coerced September to demand the President’s sterilization of Indigenous women and girls. resignation. Governors of the West and Centre regions responded by banning all BACKGROUND demonstrations for an indefinite period. The Governments at all levels instituted public security forces surrounded Maurice Kamto’s health measures in response to COVID-19. house between 22 September and 8 There were concerns about inadequate

110 Amnesty International Report 2020/21 responses for groups experiencing appealed the Canadian Human Rights disproportionate impact, including Tribunal ruling determining eligibility for Indigenous Peoples, Black and racialized compensation for Canada’s discrimination communities, women, older persons, sex against First Nations children. workers, people seeking asylum, and migrant workers. Governments did not act on a FAILURE TO PREVENT CLIMATE CHANGE proposal from more than 300 organizations In February, the Federal Court of Appeal and experts for human rights oversight of dismissed an appeal by Indigenous groups responses to the pandemic. challenging construction of the Trans Mountain Pipeline, which is to transport INDIGENOUS PEOPLES’ RIGHTS bitumen from oilsands in Alberta. Throughout the year, Indigenous land In September, the Supreme Court of defenders were subjected to threats and Canada heard an appeal by three provinces violence throughout their territories. challenging the federal government’s In January and February, Indigenous constitutional authority to enact a nationwide Peoples organized actions in solidarity with carbon-pricing scheme. land defenders in Wet’suwet’en territory In November, the government proposed facing rights violations from the federal and climate legislation that will enshrine a British Columbia governments and the Royal commitment to net-zero carbon emissions by Canadian Mounted Police. 2050 but was criticized by civil society as In April, the federal government and being insufficient given Canada’s Asubpeeschoseewagong First Nation reached responsibilities as a wealthy nation. an agreement to fund a health care facility to In December, the government released a treat decades of mercury poisoning. new plan for meeting Canada’s climate In May, First Nations in northern Manitoba targets that includes significant increases in successfully advocated to be consulted by carbon pricing in coming years. Manitoba Hydro on measures to prevent the spread of COVID-19 from the Keeyask WOMEN’S RIGHTS Hydroelectric Dam construction site. In February, in its response to 2018 UN In July, the government of British Committee against Torture recommendations Columbia ordered an independent review of regarding forced and coerced sterilization of ongoing construction of the Site C dam, Indigenous women and girls, the government which does not have the consent of directly failed to commit to investigate cases, halt the affected First Nations and faces mounting practice or ensure justice for survivors. geotechnical risks. In September, the government committed In September, Joyce Echaquan, an to invest in a Canada-wide early learning and Atikamekw woman, live-streamed racist child care system that will be “accessible, taunts from health care workers before her affordable, inclusive, and high quality”. death at a hospital. Her death In September, the government promised to prompted calls to address racism in health “accelerate” development of a National care. Action Plan in response to the 2019 report by In October, government and police failed the National Inquiry into Missing and to respond adequately to violence and Murdered Indigenous Women and Girls, and property damage experienced by Mi’kmaq re-committed to developing a National Action fishers in Nova Scotia exercising their right to Plan on gender-based violence, but gave no fish lobster. details of the process. In December, the federal government In November, the Quebec Superior Court tabled a bill to implement the UN Declaration heard a legal challenge to the province’s on the Rights of Indigenous Peoples. The “secularism” law, which bans certain public same month, Canada contested and servants from wearing religious symbols at

Amnesty International Report 2020/21 111 work, raising concerns about gender equality, other essential services impacted by discrimination, religious freedom and COVID-19. freedom of expression. CORPORATE ACCOUNTABILITY DISCRIMINATION In February, the Supreme Court ruled that a A disproportionate number of Indigenous, lawsuit by Eritrean nationals against Black and other racialized individuals died Vancouver-based Nevsun Resources, following interactions with police during the regarding human rights abuses associated year. with the company’s mine in Eritrea, could In September, the federal government proceed in Canadian courts. The plaintiffs “pledged to address systemic racism”, reached a confidential settlement with the including in policing and the justice system, company in October. but did not ban police practices of identity In June, Alberta province passed the card checks and street checks. Critical Infrastructure Defence Act, In October, an police officer was prohibiting protests and similar actions acquitted of charges related to the 2016 targeting infrastructure deemed “essential”. death of Abdirahman Abdi, a Black man, A challenge to the law’s infringement of during a violent arrest. freedoms of speech, assembly and Also in October, the government facilitated association was pending. the return to Canada of a five-year-old In September, the Special Rapporteur on Canadian orphan from northeast Syria but toxics and human rights called on Canada to refused to act on cases of at least 46 other grant the Canadian Ombudsperson for citizens, including 25 children, arbitrarily Responsible Enterprise (CORE) promised detained in camps controlled by Kurdish powers to independently investigate alleged forces. human rights abuses associated with Canadian companies operating abroad. RIGHTS OF REFUGEES AND MIGRANTS Export Development Canada failed to act In March, as part of COVID-19 border control on civil society calls to reform its due measures, the government prohibited most diligence screenings of loans to controversial people seeking asylum from entering Canada projects such as the Hidroituango dam in from the USA. Colombia. Prosecutors did not act on a 2019 In July, the Quebec government recommendation from investigators to lay announced it would stop refusing public criminal charges against those responsible health services to children who are Canadian for the 2014 Mount Polley mine disaster. An citizens but whose non-citizen parents are appeal by affected communities of the not covered by provincial health insurance. company’s permit to discharge untreated The change had not been implemented by mine waste into Quesnel Lake was pending. the end of the year. In July, the Federal Court struck down the RIGHTS OF LESBIAN, GAY, BISEXUAL, Canada/US Safe Third Country Agreement, TRANSGENDER AND INTERSEX (LGBTI) which bars most asylum claims at official PEOPLE land border posts. The ruling was suspended In October, the government tabled proposed in October pending the outcome of an legislation to ban that appeal. seeks to change people’s sexual orientation In August, the federal government or suppress a person’s gender identity or announced a programme to provide expression. permanent resident status to asylum-seekers who worked in health care facilities between IRRESPONSIBLE ARMS TRANSFERS March and August. The programme was not In April, the federal government ended a available to refugee claimants who worked in moratorium on new arms export permits to

112 Amnesty International Report 2020/21 Saudi Arabia, despite ongoing concerns that Change to oppose the presidential election Saudi forces are responsible for war crimes in and launched several attacks in the west and Yemen. south of the country. In October, the federal government suspended arms exports to Turkey while ABUSES BY ARMED GROUPS investigating reports that Canadian drone- Armed groups were responsible for war sensor technology was improperly used in the crimes and other human rights abuses, conflict between Azerbaijan and Armenia. including killings, sexual violence against civilians and attacks against humanitarian workers. The Popular Front for the Rebirth of Central African Republic; the Central African CENTRAL AFRICAN Patriotic Movement; Return, Reclamation and Rehabilitation (known as 3R); the Union REPUBLIC for Peace in the Central African Republic; and Anti-Balaka were among the main Central African Republic perpetrators. Head of state: Faustin-Archange Touadéra According to the UN Security Council, 18 Head of government: Firmin Ngrébada civilians were killed in Ndélé city, in the north-east, in an attack by armed groups in Armed groups continued to commit war March. Between June and October, the UN crimes and other human rights abuses. Secretary-General reported 271 cases of Sexual violence remained widespread. The human rights abuses including homicides, justice system made important but limited rapes and lootings. Over the same period, the progress towards combating impunity for UN recorded 60 cases of conflict-related crimes under international law. The right to sexual violence including 55 rapes or health was severely restricted. Foreign attempted rapes resulting in the death of one companies were responsible for the victim, four forced and one case of environmental degradation of local people’s . The country continued to be land and water. one of the most dangerous places for the staff of humanitarian organizations. The UN BACKGROUND Office for the Co-ordination of Humanitarian Following the Khartoum Peace Agreement, Affairs (OCHA) recorded 424 incidents signed by the government and 14 armed targeting aid workers and their facilities – groups in February 2019, the security mainly robberies, thefts and threats – situation remained precarious. Armed including 59 cases in December. Three groups, including the Ex-Seleka and Anti- humanitarian workers were killed and 29 Balaka, continued to control most of the injured. country’s territory. In July, the UN Security According to the June report of the UN Council renewed its arms embargo on the Panel of Experts on the Central African country for one year. In November, the Republic, armed groups continued to benefit mandate of the UN Multidimensional from the increase in gold production. For Integrated Stabilization Mission in the Central instance, in Nana-Mambéré and Mambéré- African Republic (MINUSCA) was also Kadéï , the 3R imposed taxes on renewed for a year. miners. The Experts also expressed concerns On 3 December, the Constitutional Court about reports of illegal international trafficking rejected several candidacies for the networks which funded and supplied armed presidential election of 27 December, groups. including of former President Francois Bozizé. On 17 December, several armed groups formed the Coalition of Patriots for

Amnesty International Report 2020/21 113 between January and March. In 92% of RIGHT TO TRUTH, JUSTICE AND cases the violence was perpetrated against REPARATION women and girls; 52% of cases happened in Impunity for crimes under international law the victim’s home; and 63% of attacks were remained widespread. Several armed group carried out by perpetrators who were known leaders held roles in government while their to their victims. However, some victims did members committed human rights abuses. not report crimes for fear of reprisals or In February, the criminal court of Bangui stigma. convicted five Anti-Balaka leaders for war In April, the UN Human Rights Committee crimes and crimes against humanity in issued its concluding observations on the relation to the 2017 attack in Bangassou, in country’s third periodic report in which it which at least 62 civilians and 10 UN expressed concerns about various legal peacekeepers were killed. It was the first provisions in the Criminal Code, including conviction for crimes under international law Article 105 “which allows the perpetrator of since the conflict started. However, serious an abduction to marry the victim, thereby concerns arose during the trial over the rights depriving the latter of the right to take of the defendants and protection of victims proceedings against the former”. The and witnesses. The work of the criminal Committee recommended that the courts was hindered in March when the government repeal Article 105 and also that it COVID-19 pandemic brought hearings to a adopt comprehensive anti-discrimination halt for the rest of the year. legislation. The Special Criminal Court, a UN-backed hybrid court mandated to investigate and RIGHT TO HEALTH prosecute crimes under international law, According to the WHO, humanitarian and other serious human rights violations organizations provided 70% of all health committed in the country since 2003, services, and the country was among those confirmed in September that 10 cases were least prepared to deal with the COVID-19 under investigation. At least 21 people were pandemic. In October, the organization arrested as a result of investigations in 2019 reported that PPE for health care personnel and 2020 and were in pre-trial detention at met less than one third of estimated needs, the end of the year. However, proceedings and there were only two ventilators available lacked transparency and the identities of nationwide. There were just four COVID-19 those arrested were not publicly disclosed. treatment centres which were based in There were also delays in the recruitment of Bangui, the capital. Outside the capital, there international judges and the establishment of were seven centres for the treatment of mild the Court’s legal aid system. and moderate cases which provided Alfred Yekatom and Patrice-Edouard quarantine facilities. Ngaïssona, Anti-Balaka leaders, remained According to OCHA, over half the waiting to face trial before the ICC, which was population – 2.6 million people – were in scheduled to start in February 2021. They need of humanitarian assistance and were arrested for war crimes and crimes protection, including 660,000 people who against humanity and were transferred to The were, by 31 July, internally displaced by Hague in 2018 and 2019 respectively. violence. Children were particularly affected by the dire humanitarian situation. One child GENDER-BASED VIOLENCE in 18 was at a high risk of dying from severe The Gender-Based Violence Information acute malnutrition, and only one in 10 had Management System recorded 2,904 access to hygiene facilities, while one third of incidents of gender-based violence, including the population had access to safe drinking 668 cases of sexual violence, between April water. and June, compared to 1,299 incidents

114 Amnesty International Report 2020/21 ENVIRONMENTAL DEGRADATION BACKGROUND In April, seven people died in one week in the The security situation remained precarious, Bozoum region, reportedly as a result of particularly in the Lake Chad area where extensive environmental damage caused by Boko Haram and the Islamic State in West four gold mining companies who abandoned Africa Province (ISWAP) operated. Deadly their mines in late April. inter-communal violence continued including In 2018, the companies had cut down in Batha and Sila provinces. trees, diverted an area of the Ouham river Legislative elections were postponed for and excavated the riverbed, leaving it in the fifth year and scheduled for 2021 ruins. Analysis of water samples showed because, according to the Electoral evidence of mercury contamination far in Commission President, the census was excess of international safety standards. delayed by the impact of the COVID-19 Local people reported that the river water was pandemic. At the end of October, for several filthy, and fish stocks had declined. days, police units surrounded offices of Residents of Boyele village had to travel political parties and civil society organizations 10km to find safe drinking water. People who had refused or not been invited to living in the area reported that some people participate in a governmental national forum had developed skin rashes; there were also on institutional and political reforms. reports of the rate of miscarriages being The government adopted measures to disproportionately high, and several babies control the spread of the pandemic, including were born with physical deformities. a ban on gatherings, a curfew, and heavy According to the local population, they fines and prison sentences for not wearing were not consulted about the mining project, face masks; they also took steps to address nor were any environmental and social hardship. impact studies conducted prior to the excavation process, as required under Article ARBITRARY ARRESTS AND DETENTIONS 34 of the Environmental Code. There was no In January, Baradine Berdei Targuio, a established system to allow residents to make human rights defender, was taken from his compensation claims against land home in N’Djamena, the capital, by armed appropriation. men wearing balaclavas. He was believed to be held incommunicado at the National Security Agency in N’Djamena. In February, the Justice Minister confirmed he had been CHAD arrested for “subversive activities on social Republic of Chad media”. In violation of the law, he was not Head of state and government: Idriss Déby Itno presented to a prosecutor and an investigative judge until August. He was charged with breaching national security, Freedom of expression was restricted. illegal possession of weapons, and assault Measures to control the spread of COVID-19 and battery. He remained in arbitrary limited many people’s access to food. detention pending trial. Access to health care was restricted. Early On 27 November, police arrested and marriage and female genital mutilation detained Alain Kemba Didah of The Time, a (FGM) continued in violation of the law. citizen movement, at the FM Liberté radio Armed groups committed human rights station in N’Djamena, apparently in abuses against the population. connection with the authorities’ ban on an alternative forum on reforms, initiated by political parties and civil society organizations. He was charged with

Amnesty International Report 2020/21 115 “disturbing public order” and “acts of including dozens of women, were arrested in rebellion”. He was released on 11 December the streets and workplaces in May. Many after a tribunal acquitted him. were beaten with batons in detention, for violating the curfew in the Mayo-Kebbi West FREEDOM OF EXPRESSION and Oriental Logone provinces. The rights to freedom of expression and access to information continued to be ECONOMIC, SOCIAL AND CULTURAL violated. In March, the Union of Chadian RIGHTS Journalists said two national television Right to food journalists and their driver were beaten by In July, the Early Warning Systems the police in N’Djamena while they were Network (FEWS-NET) said that COVID-19 reporting on COVID-19 restrictions on measures had led to increased economic gatherings. They were interrogated for three hardship among those living in poverty, hours before being released without charge. rendering many food insecure. In the north Since 22 July, social media platforms were and east, the cost of staple foods increased partially blocked after a video was circulated by 21%. The armed conflict in the Lake Chad showing an army colonel in a fight with some area also caused widespread hunger. FEWS- men in N’Djamena. The Minister of NET said that 39 of the 107 departments Communication said that the measure, which were affected, among which 15 were in remained in place at the end of the year, was crisis, and nearly 4 million people were in taken to prevent people from sending hate need of humanitarian assistance. messages. In September, the High Authority for Right to health Broadcast Media suspended 12 perceived Access to health care was limited. According opposition newspapers for three months on to government data people travelled around grounds they did not comply with the press an average of 45km to access health centres. law which required them to employ a director There was a ratio of one doctor to 28,531 of publications and editor-in-chief who were people and one midwife to 5,902 women. trained journalists and university graduates. Medical equipment and facilities were inadequate to deal with the influx of TORTURE AND OTHER ILL-TREATMENT COVID-19 patients. In May, the WHO said On 14 April, during a military operation that the COVID-19-related death rate was 6% against armed groups in the Lake Chad area, higher than the average in the continent. known as “Bohoma Anger”, 58 suspected In June, the LTDH said that 68 health members of Boko Haram were arrested and workers were reported to have been infected detained at the N’Djamena Gendarmerie due to lack of PPE. The government’s Legion 10. By 16 April, 44 of them had died quarantine facilities for patients or others at in their cell. The Public Prosecutor said risk of having contracted COVID-19 did not autopsies concluded that they had died after provide for necessary isolation to prevent the consuming a poisonous substance. The spread of infection. According to the LTDH, National Human Rights Commission (NHRC) hygiene standards were poor, water was investigated the case and said poor detention scarce and medical care insufficient. conditions could have contributed to their deaths, and rejected claims that they had WOMEN’S RIGHTS committed suicide. The men were held in Media continued to report cases of early cramped cells, forced to sleep on the floor marriage, a practice which violated a 2015 without bedding and were denied water and law prohibiting child marriage. According to food. UNICEF, the child marriage rate was one of The Chadian League for Human Rights the highest in the world. (LTDH) reported that more than 200 people,

116 Amnesty International Report 2020/21 Women’s rights organizations said that declared a “state of catastrophe” due to the more than 200 girls were subjected to FGM pandemic in March, which was extended in July and August in the Mandoul and until December. This imposed restrictions on Logone Oriental provinces. In September, the movement and a night-time curfew. Chile was NHRC expressed concern about the increase one of the 10 countries worldwide with the in FGM which was illegal under national law. highest number of deaths per million inhabitants due to COVID-19, affecting mostly ABUSES BY ARMED GROUPS poorer communities and those in vulnerable Boko Haram and ISWAP committed serious situations. human rights abuses against the population Chile failed to adhere to the Regional in the Lake Chad area which resulted in Agreement on Access to Information, Public dozens of deaths. According to the Participation and Justice in Environmental International Organization for Migration, Matters in Latin America and the Caribbean 298,803 people were internally displaced in (the Escazú Agreement). April in the region, rising to 363,807 in In October, Chile held a referendum and September; 64% of them had left their approved a process to draft a new villages to escape the violence. Constitution. In one case, reported by the UN Secretary- General, 10 people were killed in August EXCESSIVE USE OF FORCE when Boko Haram attacked their village, Mass protests continued from January until Tinana, in the Kaya department. According to mid-March, with multiple new incidents of local authorities, during the night armed men excessive use of force. At least two new surrounded the village, fired on civilians and criminal lawsuits for alleged crimes against looted houses. humanity were filed against President Piñera and other officials. At the end of the year, the Regional Prosecutor of Valparaíso was jointly investigating these and other lawsuits filed in CHILE 2019. Republic of Chile The National Human Rights Institute Head of state and government: Sebastián Piñera expressed concern at the slow pace of Echenique investigations into human rights violations that occurred during the mass protests in Although mass protests against persistent 2019. In August, the Prosecutor’s Office filed inequalities decreased due to the COVID-19 formal charges against policemen accused in pandemic, those that did take place were cases such as the blinding of Gustavo Gatica usually met with excessive use of force by and Fabiola Campillai, almost a year after the state agents, often resulting in serious incidents to which the charges related. injuries. The government misused the law to Administrative investigations and sanctions criminalize protesters, invoking the State by the Carabineros (Chilean National Police) Security Law and introducing new criminal were slow and ineffective, often based on less laws. The pandemic had a disproportionate serious administrative offences rather than impact on those living in poverty and those human rights violations. dependent on public health services, as Organizers of “soup kitchens” set up to well as on public health workers. address widespread hunger said police resorted to excessive use of force to try to BACKGROUND shut them down. Mass demonstrations continued in the first In March, during the curfew, police shot months of the year but largely stopped in Jonathan Reyes in the chest, killing him. The compliance with measures to curb the police alleged they acted in self-defence, but spread of COVID-19. The government

Amnesty International Report 2020/21 117 video footage showed there was no evident threat when the shot was fired. INDIGENOUS PEOPLES As measures to curb COVID-19 were In June, Mapuche women who sell relaxed, protests increased. In October, a 16- vegetables on the streets in the city of year-old protester sustained serious injuries Temuco in the south of the country filed a after a policeman pushed him and he fell off criminal lawsuit against the Chilean National a bridge onto the concrete channel of the Police for torture in detention, including Mapocho River in the city of Santiago. A forced nudity. The women had been policeman was charged and the prosecution harassed for several years due to a municipal produced evidence that police officers did ban on selling goods on the street. not attempt to help the injured youth. In August, Mapuche protesters occupied Recommendations by commissions on the premises of the Municipality of police reform set up since November 2019 Curacautín in southern Chile. Private by government and Congress had yet to be individuals came to the building to “support implemented. A bill to “modernize” the the police” who were ejecting the Mapuche. police, with a narrow focus on stricter The individuals shouted racist slurs and oversight procedures, was before Congress at allegedly burned a protester’s vehicle. All the the end of the year. Mapuche were detained, but neither the government nor the police took action against REPRESSION OF DISSENT the individuals who had engaged in acts The government filed lawsuits against over against the Mapuche. 1,000 protesters using the State Security The trial of the policemen accused of Law, which is not in line with international killing Camilo Catrillanca, a Mapuche, in human rights law and carries a risk of November 2018 began in March but was political harassment. suspended due to the pandemic. It restarted An “anti-barricade” law came into force in in a partly in-person and partly virtual format January, increasing penalties for people who on 27 October. impede free movement by placing objects on streets. The broad and vague definition used SEXUAL AND REPRODUCTIVE RIGHTS in the law risks criminalizing legitimate acts of The government failed to prioritize sexual and protest. reproductive health care as essential services during the pandemic or issue protocols to RIGHT TO HEALTH provide abortion services for the limited Health workers told Amnesty International reasons allowed for in law. that, during the peak of the pandemic, they In October, Congress rejected a bill to worked in unsafe conditions, with insufficient regulate comprehensive sexuality education personal protection equipment and high for young people. levels of stress, placing their physical and mental health at risk. They also said that they RIGHTS OF LGBTI PEOPLE risked sanctions if they spoke out publicly. Changes to the anti-discrimination law to This affected mostly public hospitals that expand its scope and include prevention provide services to poorer communities. measures as well as reparation to victims was Private clinics did not report these problems before Congress at the end of the year. and had significantly lower mortality rates. In June, for the first time, a judicial To reduce overcrowding in prisons, decision recognized in law two women as the Congress passed a law that enabled over mothers of a child and ordered the Civil 1,700 prisoners at high risk from COVID-19 Registry to register them as a family, which to be released and placed under house the Civil Registry had refused to do. The arrest. child, a two-year-old boy, was registered with two mothers in July.

118 Amnesty International Report 2020/21 thousands of submissions by the public RIGHTS OF MIGRANTS calling for legalization of same-sex In December, Congress approved a new bill marriage. Hong Kong’s National Security on migration that could reduce the Law led to a clampdown on freedom of opportunities for migrants to regularize their expression. legal status once in Chile and undermine the principle of non-refoulement. A group of HUMAN RIGHTS DEFENDERS Congresspeople filed a requirement before Despite constitutional provisions and its the Constitutional Court, asking to declare international commitments and obligations, parts of the law unconstitutional. A decision China continued its unrelenting persecution was pending. of human rights defenders (HRDs) and Due to the pandemic, the government activists. Throughout the year, they were initiated a “humanitarian plan of orderly systematically subjected to harassment, return” for foreign nationals who wanted to intimidation, enforced disappearance and return to their countries. People who arbitrary and incommunicado detention, as accessed the plan were required to accept well as lengthy terms of imprisonment. The being banned from returning to Chile for nine absence of an independent judiciary and years. In July, the Supreme Court ruled that effective fair trial guarantees compounded this requirement was unlawful. such recurrent violations. Many human rights lawyers were denied their right to freedom of movement, as well as to meet and represent defendants and have access to case CHINA materials. HRDs and activists were targeted People’s Republic of China and charged with broadly defined and Head of state: vaguely worded offences such as “subverting Head of government: state power”, “inciting subversion of state power” and “picking quarrels and provoking The year was marked by harsh crackdowns trouble”. on human rights defenders and people Dozens of prominent HRDs and activists perceived to be , as well as the continued to be arbitrarily detained after systematic repression of ethnic minorities. attending a private gathering in Xiamen, The beginning of the year saw the start of Fujian province, in December 2019. On 23 the COVID-19 outbreak in Wuhan, which March, UN human rights experts expressed killed more than 4,600 people in China. grave concerns for former human rights People demanded freedom of expression lawyer Ding Jiaxi and other HRDs whom they and transparency after authorities said had been subjected to enforced reprimanded health professionals for disappearance. On 19 June, after six months’ warning about the virus. At the UN, China incommunicado detention, legal scholars Xu was strongly criticized and urged to allow Zhiyong and Ding Jiaxi were formally arrested immediate, meaningful and unfettered for “inciting subversion of state power” and access to Xinjiang. Stringent restrictions on placed under “residential surveillance at a freedom of expression continued unabated. designated location” without access to their Foreign journalists faced detention and family and lawyers of their choice.1,2 On 24 expulsion, as well as systematic delays to February, Hong Kong bookseller Gui Minhai and refusals of visa renewals. Chinese and was sentenced to 10 years’ imprisonment on other tech firms operating outside China charges of “illegally providing intelligence to blocked what the government deemed foreign entities” following his secret trial.3 politically sensitive content, extending its Anti-discrimination activists Cheng Yuan, Liu censorship standards internationally. China Yongze and Wu Gejianxiong were tried in enacted its first Civil Code, which received secret between 31 August and 4 September

Amnesty International Report 2020/21 119 on the charge of “subversion of state power” extremism” and “counter-terrorism” in the after more than a year of incommunicado Xinjiang Uyghur Autonomous Region detention. The three men were arbitrarily (Xinjiang) and the detained solely for advocating for the rights of (Tibet). Access to and from Tibet remained marginalized groups and at-risk people. highly restricted, particularly for journalists, Huang Qi, founder and director of the academics and human rights organizations, Sichuan-based human rights website “64 making it extremely difficult to investigate and Tianwang”, was finally allowed to talk to his document the human rights situation in the mother on 17 September, the first time since region. In Xinjiang, since 2017 an estimated being detained more than four years one million or more Uyghurs, and previously. Huang’s health had reportedly other predominantly Muslim peoples were deteriorated since being sentenced to 12 arbitrarily detained without trial and years’ imprisonment in January 2019 and he subjected to political indoctrination and appeared to show symptoms of malnutrition. forced cultural assimilation in Australian writer and blogger Yang Hengjun, “transformation-through-education” centres. held incommunicado since 30 December Documenting the full scope of violations 2019 and charged with espionage, was finally remained impossible due to a lack of publicly able to meet with an Australian consular available data and restrictions on access to representative and his lawyer on 31 August. the region. Despite having initially denied the Yang reportedly endured over 300 existence of camps, authorities later interrogations and continued to deny all described them as “vocational training” allegations against him. centres. Nevertheless, satellite imagery Five years after the unprecedented indicated that an increasing number of crackdown targeting human rights activists camps continued to be built throughout the and lawyers known as the “709 crackdown”, year. many lawyers remained in prison or under Missing since 2017, prominent Uyghur strict surveillance. On 17 June, human rights historian and publisher Iminjan Seydin lawyer Yu Wensheng was tried in secret and suddenly reappeared and praised the sentenced to four years’ imprisonment for Chinese government in a video published by allegedly “inciting subversion of state power” a state-run English language newspaper in after being held incommunicado for 18 early May. His comments in the video months.4 Yu was tortured in detention and his appeared to have been scripted in an attempt health deteriorated drastically, according to to discredit his daughter’s public testimony his lawyer. Human rights lawyer Jiang about his arbitrary detention. Ekpar Asat, a Tianyong, released in 2019 after serving a Uyghur entrepreneur and philanthropist, two-year sentence for “inciting subversion of went missing in 2016, after returning to state power”, remained under strict Xinjiang from attending a US State surveillance along with his parents. Human Department leadership training programme. rights lawyer Wang Quanzhang was released In January, his sister discovered that Asat from prison on 4 April after more than four had been convicted in secret on charges of years’ imprisonment for “subverting state “inciting ethnic hatred and ethnic power” and reunited with his family in late discrimination” and sentenced to 15 years in April. According to his lawyer, Wang had prison. Detained since January, Uyghur been subjected to torture. model Mardan Ghappar had not been seen or heard from since March when his AUTONOMOUS REGIONS: XINJIANG, messages and images describing his poor TIBET AND INNER MONGOLIA detention conditions were shared on social Severe and wide-ranging repression of ethnic media. Mahira Yakub, a Uyghur who worked minorities continued unabated under the in an insurance company, was indicted for pretence of “anti-separatism”, “anti- “giving material support to terrorist activity” in

120 Amnesty International Report 2020/21 January for transferring money to her parents In Inner Mongolia, there were region-wide in Australia. According to her sister, the protests over a new “bilingual education” money was transferred in 2013 to help her policy that would gradually change the parents buy a house. Kazakh writer Nagyz teaching medium of several classes from Muhammed was sentenced to life Mongolian to Mandarin Chinese throughout imprisonment in September on charges of the nine years of compulsory schooling. “separatism” in connection with a dinner he According to media reports, hundreds of had with friends on Kazakhstan people, including students, parents, Independence Day around 10 years ago. teachers, pregnant women and children, An increasing number of Uyghurs living were arrested for “picking quarrels and overseas requested of life from provoking trouble” solely because they authorities for their missing relatives in participated in peaceful protests or shared Xinjiang. Uyghurs living overseas were information about protests on the internet. reportedly told by Chinese diplomatic offices Human rights lawyer Hu Baolong was in their countries of residence that they could reportedly formally arrested on charges of only renew their Chinese passports if they “leaking state secrets overseas”. returned to Xinjiang. Chinese embassies and agents harassed and intimidated members of RIGHT TO HEALTH the Uyghur and other diaspora minority Government censorship obstructed the flow communities across the globe.5 To silence of vital information during the earliest weeks and suppress the activities of Uyghurs living of the COVID-19 outbreak in Wuhan. In the abroad, local authorities in Xinjiang reportedly early stage of the epidemic, professional and targeted their relatives there. Numerous citizen journalists, as well as health workers, Uyghurs residing overseas were contacted by were prevented from reporting on the Chinese security agents via messaging apps outbreak. The local authorities later admitted and asked to provide information, such as ID that they had withheld information, thus numbers, locations of residence, passport impeding the public’s timely access to photos and ID information of their spouses. necessary information about the virus. By 21 Others reportedly received repeated calls February, there were already more than from security police asking them to gather 5,511 criminal investigation cases against information about and spy on others in individuals who published information in overseas Uyghur communities. relation to the COVID-19 outbreak for In June, 50 independent UN human rights “fabricating and deliberately disseminating experts strongly criticized China for the false and harmful information”, according to repression of religious and ethnic minorities the Ministry of Public Security. Although in Xinjiang and Tibet, among others. On 6 health professionals had raised alarms about October, 39 UN member states issued a joint the virus in late December 2019, the statement expressing grave concerns about government’s failure to promptly respond and the human rights situation in Xinjiang, Hong its targeting of those who spoke out delayed a Kong and other regions, urging China to allow co-ordinated response.7 immediate, meaningful and unfettered Extensive application of personal and access to Xinjiang for independent observers, technological surveillance in the name of including the UN High Commissioner for public health and safety further tightened the Human Rights and relevant UN special state’s grip on society.8 Each provincial procedure mandate holders. Capitalizing on government assigned hundreds of thousands its rising political and economic influence of community workers to watch over their and expanding role within the UN, China neighbourhoods under a “grid management continued to seek ways to challenge system” deployed to enforce lockdowns. established human rights mechanisms.6 Many residents unable to produce relevant documents or who had recently been out of

Amnesty International Report 2020/21 121 town were denied entry to their own homes. February after reporting on the outbreak and In April, African residents of Guangzhou and posting footage from hospitals in Wuhan. other locations were evicted from their homes Their exact whereabouts remained unknown. and hotels and barred from restaurants, On 28 December, citizen journalist Zhang facing discrimination in relation to the Zhan was sentenced to four years’ COVID-19 pandemic. imprisonment for reporting on COVID-19 in Wuhan. Shackled 24 hours a day for more FREEDOM OF EXPRESSION than three months, Zhang was reportedly continued, driven partly tortured and forcibly fed by officials after she by efforts to suppress information about began a hunger strike. COVID-19 and extreme lockdown measures. During the year, some foreign journalists Medical professionals and activists were faced expulsion while others experienced harassed by authorities for “making false delays to and refusal of visa renewals. The comments” and “severely disturbing the Chinese foreign ministry revoked credentials social order” in Wuhan, the epicentre of the for and expelled American journalists from pandemic. Doctor Li Wenliang, one of eight multiple US media groups. In August, individuals who tried to sound the alarm Australian journalist Cheng Lei was placed in before the outbreak had been announced, “residential surveillance at a designated was reprimanded by local police four days location” on suspicion of “endangering after he sent a warning message in a chat national security”. Two other Australian group asking fellow doctors to wear personal journalists left the country after initially being protective equipment to avoid infection. His barred from exiting and interrogated by subsequent death from COVID-19 unleashed security officials. nationwide outrage and grief on the internet, In April, authorities placed new stringent with demands for freedom of expression and restrictions on academic papers about an end to censorship. The authorities tracing the origins of COVID-19, requiring blocked hundreds of keyword combinations them to be submitted to a task force on social media and messaging apps. Online appointed by the State Council for approval. posts of dissent, sensitive related to On 13 July, law professor Xu Zhangrun, who the outbreak and demands for free speech published criticism of the government’s were quickly deleted. Leaked notices response to the COVID-19 outbreak, was indicated that authorities ordered people released after six days’ detention. Xu was accused of “spreading rumours” to delete reportedly fired from his job at Tsinghua their social media accounts and posts. University one day after his release. On 19 Authorities detained or otherwise punished August, Peking University announced a new people for revealing details about the set of rules for attending online webinars and COVID-19 outbreak. Numerous journalists conferences organized by foreign entities, as and activists were reportedly harassed and well as those in Hong Kong and Macau. The subjected to prolonged incommunicado notice demanded that participants apply for detention solely for sharing information about and seek approval 15 days before an event. COVID-19 on social media. Human rights China’s censorship and surveillance defender Chen Mei, along with two other extended beyond its borders during the year. contributors to a crowd-sourced project Complying with strict domestic censorship known as Terminus2049, were detained by standards, Chinese tech firms operating police in Beijing on 19 April and remained outside China blocked and censored content out of contact with their families, solely for deemed to be “politically sensitive”, including collecting and archiving public information topics relating to ethnic minorities, political about the pandemic. Outspoken lawyer and unrest and criticism of the Chinese citizen journalist and Wuhan government. On 12 June, teleconferencing resident Fang Bin went missing in early company revealed that it had

122 Amnesty International Report 2020/21 suspended the accounts of human rights official complaint about references to gay and activists outside China at the request of the lesbian people as suffering from a “common Chinese government and suggested it would psychosexual disorder” in a government- block any further meetings that the approved textbook. The court rejected the government considered “illegal”.9 TikTok, a lawsuit in August, even though China had video-sharing app, deleted numerous videos stopped classifying “homosexuality” as a shared by Uyghurs living abroad to draw mental disorder in 2001. On 28 May, the attention to their missing relatives. Leaked National People’s Congress (NPC) adopted its internal documents showed that the platform first ever Civil Code, a draft of which had had instructed moderators to censor videos received 213,634 comments from the public featuring “politically sensitive” topics, such as regarding the marriage chapter. Although an or the 1989 crackdown in NPC spokesperson acknowledged a large Tiananmen Square. volume of calls for same-sex marriage, it was still not legalized under the Civil Code, which FREEDOM OF RELIGION AND BELIEF took effect on 1 January 2021. Regulations, effective as of 1 February, stipulated that religious groups must “follow HONG KONG SPECIAL ADMINISTRATIVE the leadership of the Communist Party of REGION China… persist in the direction of sinicization China’s top adopted the broadly- of religion, and practise core socialist values”. worded Law of the People’s Republic of The government sought to bring religious China on Safeguarding National Security in teachings and practices in line with state the Hong Kong Special Administrative Region ideology and to comprehensively strengthen (the National Security Law). The local control over both state-approved and government escalated its crackdown on pro- unregistered religious groups. Reports democracy activists and opposition leaders documented the destruction of thousands of and used national security as a pretext to cultural and religious sites, particularly in the interfere in the media and education sectors. north-west of China. The state’s repression of The right to freedom of peaceful assembly religion in Xinjiang and Tibet remained was further curtailed by seemingly arbitrary severe. People were arbitrarily detained for enforcement of physical distancing ordinary religious practices that authorities regulations in the context of the COVID-19 deemed “signs of extremism” under the “De- pandemic. extremification Regulations”. Freedoms of assembly and association LESBIAN, GAY, BISEXUAL, Repression of the right to peaceful assembly TRANSGENDER AND INTERSEX (LGBTI) persisted following the protests in 2019.10 PEOPLE Just three hours into a protest on New Year’s On 13 August, Pride, China’s Day, police declared an approved largest and longest-running LGBTI festival, demonstration “unlawful” and gave the announced the cancellation of all future organizers and tens of thousands of largely activities amid shrinking space for the LGBTI peaceful protesters 30 minutes to disperse. community. Activists faced harassment for The police then started firing tear gas and speaking out against discrimination and water cannons at protesters and arrested 287 . Online platforms, including people, including three human rights microblogs and magazines, blocked and monitors. removed LGBTI-related content and On 18 April, the authorities arrested 15 hashtags. Despite various challenges and prominent pro-democracy leaders and mounting pressure, members of LGBTI activists for violating the Public Order communities continued to fight for their Ordinance, a law frequently used to prohibit rights. A university student reportedly filed an and end largely peaceful protests. They were

Amnesty International Report 2020/21 123 accused of organizing and joining “unauthorized assemblies” that took place Freedom of expression more than six months before their arrests. National security was used as a pretext to The right to freedom of peaceful assembly restrict freedom of expression. Virtually was further curtailed after the authorities anything could be deemed a threat to imposed physical distancing regulations in “national security" under the extremely vague response to the COVID-19 pandemic. In provisions of the National Security Law March, the government introduced the adopted on 30 June without any meaningful Prevention and Control of Disease consultation and coming into effect the next (Prohibition on Group Gathering) Regulation, day. Giving the authorities new grounds to banning public gatherings of more than four prosecute peaceful activities, the law created people. The ban was revised several times a on free expression.11 By the and at year’s end applied to gatherings of year’s end, the authorities had arrested 34 more than two people. individuals for displaying political slogans, The authorities subsequently banned at establishing overseas organizations to call for least 14 protests, citing the COVID-19 Hong Kong independence or supporting pandemic. These included totally banning various political groups. The authorities also the annual June Fourth Tiananmen invoked the law’s extraterritorial provision and commemoration vigil and 1 July protest issued arrest warrants against eight activists march, despite pledges to observe physical residing outside Hong Kong. distancing by organizers of both assemblies, On 10 August, Jimmy Lai, owner of the who provided the authorities with detailed pro-democracy newspaper , was plans for preventive measures. It was the first arrested for “collusion with a foreign country time the government had prohibited either of or external elements”. Police raided the these two annual protests. Despite the ban, newspaper’s offices and searched through thousands convened to commemorate June documents, in apparent disregard for Fourth at the historical protest site, and 26 journalistic privilege. Lai remained in activists were charged with “unauthorized detention after prosecutors appealed against assembly” for joining the vigil. an earlier grant of bail. As of 4 December, the Hong Kong police On 6 October the authorities stripped a had issued at least 7,164 fixed-penalty primary school teacher of his teaching tickets under the public gathering ban. registration for “spreading the idea of Hong Peaceful protesters were often targeted under Kong independence”, reportedly for giving the new ban despite having observed pupils a worksheet containing questions such physical distancing measures. Journalists as “What is freedom of speech?” and “What covering protests were also fined, despite an is the reason for advocating Hong Kong exemption under the regulation covering independence?” those who were attending as part of their work. LGBTI rights Around 9,000 hospital health workers went On 4 March, the High Court ruled in the first on strike in February against the instance that same-sex couples who had government’s delay in implementing border married overseas could enjoy equal rights to controls in response to the COVID-19 apply for public rental housing. On 18 pandemic. The Hospital Authority later September, the High Court granted married demanded that the individuals involved same-sex couples equal rights to inheritance explain their “absence at work” and and succession if one spouse died without a threatened to retaliate, adding to a chilling will. However, in a separate judgment handed message to doctors not to organize and go on down the same day, the court ruled that to strike. deny same-sex couples the right to marry in Hong Kong was constitutional.

124 Amnesty International Report 2020/21 authorities’ excessive use of force when 1. China: Prominent legal scholar held incommunicado: Xu Zhiyong enforcing mandatory quarantines and the (ASA 17/2738/2020) failure to guarantee the right to health of 2. China: Further information: Lawyer charged for inciting subversion: Ding Jiaxi (ASA 17/2645/2020) Amazonian Indigenous Peoples in the context of the COVID-19 pandemic. The 3. China: Bookseller handed outrageous 10-year sentence must be released (News story, 25 February) police responded to nationwide protests in September with excessive use of lethal 4. China: Wife of detained lawyer Yu Wensheng tells of ongoing fight for justice (Campaign, 9 July) force, killing 10 people, and torture. The 5. China: Nowhere feels safe: Uyghurs tell of China-led intimidation Supreme Court of Justice issued a landmark campaign abroad (Research, February) ruling in September, ordering measures to 6. China: Joint NGO statement on Item 10 and Draft Resolution on guarantee the exercise of the right to "Mutually Beneficial Cooperation" delivered during Item 10 General peaceful protest and acknowledging the Debate at HRC43 (IOR 40/2563/2020) excessive use of force by state security 7. Explainer: Seven ways the coronavirus affects human rights (News officials. story, 5 February) 8. How China used technology to combat COVID-19 – and tighten its BACKGROUND grip on citizens (News story, 17 April) The government declared a state of 9. China: Zoom must not become a tool in state-sponsored censorship economic, social and environmental (News story, 12 June) emergency on 17 March to curb the spread 10. Hong Kong: Missing truth, missing justice (ASA 17/1868/2020) of COVID-19. The executive approved an 11. Hong Kong’s national security law: 10 things you need to know (News unprecedented 164 legislative decrees, some story, 17 July) of which the Constitutional Court declared unconstitutional. In August, the Supreme Court of Justice COLOMBIA ordered that former President Álvaro Uribe Vélez be placed under preventive house Republic of Colombia arrest in the context of judicial proceedings Head of state and government: Iván Duque Márquez for alleged bribery, fraud and witness tampering. This was lifted in October, but Crimes under international law and human judicial proceedings continued. rights violations and abuses in the context The UN Security Council extended the of the continuing internal armed conflict mandate of the UN Verification Mission until increased in rural areas where control of 2021. territories formerly dominated by the In October, FARC-EP dissidents Revolutionary Armed Forces of Colombia intercepted a humanitarian mission of the (FARC-EP) was disputed. The primary OHCHR Office in Colombia and the Office of victims continued to be members of rural the Ombudsperson in Caquetá department, communities. Sexual violence against and then set fire to their vehicle. women and girls persisted, as did impunity According to the Kroc Institute, which for these crimes. Colombia was widely monitors compliance with the 2016 Peace recognized as the most dangerous country Agreement between the FARC-EP and the in the world for those who defend human Colombian state, implementation of the rights. Protection measures for defenders of Agreement was slow. The National the territory, land and environment Commission on Security Guarantees (CNGS) remained limited and ineffective, and did not make progress in dismantling impunity for crimes against them criminal organizations or ensuring a state continued. In 2020, killings of social presence in the territories hardest hit by the leaders reached shocking levels. There were armed conflict, despite pressure from civil concerns about the withdrawal of protection society to step up its efforts. schemes for human rights defenders, the

Amnesty International Report 2020/21 125 There was no significant progress during were clashes between two subgroups of the the year in implementing comprehensive AGC sparked by a territorial dispute over drug rural reform and solving the illicit drug trafficking and mining areas. problem through programmes for voluntary In the Catatumbo region, the armed crop substitution, central parts of the Peace territorial conflict between the ELN and EPL Agreement. Instead, the government set a continued. In Cauca, Nariño and Meta goal of forcibly eradicating coca production departments, FARC-EP dissidents clashed on over 130,000 hectares, led by the military. with other armed actors. In Chocó Despite the health, economic, social and department, the conflict between the ELN ecological state of emergency, these and paramilitary groups over control of illegal operations continued in at least seven mining continued. departments. As a result of armed clashes, 23,128 people belonging to Indigenous and Afro- INDIGENOUS PEOPLES’ RIGHTS descendent communities in Chocó Government measures to curb COVID-19 department were confined throughout 2020. failed to adequately guarantee the At least 69 people, mostly civilians, fundamental rights of Indigenous Peoples. sustained injuries from landmines. According Communities have historically lacked to some communities, some armed groups adequate access to health, water or food and laid new anti-personnel mines. The most lacked the sanitary and social conditions to affected areas were the departments of deal with the virus. In addition, isolation Nariño, Antioquia, Norte de Santander, measures meant they were unable to access Arauca, Guaviare, Cauca, Chocó and their means of subsistence.1 Córdoba.

HUMAN RIGHTS ABUSES IN THE Internally displaced people CONTEXT OF INTERNAL ARMED According to the UN Office for the CONFLICT Coordination of Humanitarian Affairs (OCHA), Crimes under international law and human as of June, 16,190 people were the victims of rights violations and abuses in the context of mass forced displacement. The department internal armed conflict continued to claim most affected was Nariño, followed by Chocó, victims, particularly in rural areas which were Antioquia, Cauca, Caquetá and Norte de the focus of territorial disputes between Santander. The leading causes were various armed groups. The violence resulted confrontation between armed groups and in thousands of people being forcibly threats against civilians. Some 100 former displaced, confined, subjected to sexual FARC combatants were displaced from the violence or becoming victims of targeted Territorial Training and Reincorporation Area killings. (ETCR) of Ituango to Mutatá in Antioquia Guerrilla groups – the National Liberation department. Two massive displacements of Army (ELN) and Popular Liberation Army more than 1,590 members of the Emberá (EPL) – and state security forces and Dobida Indigenous Peoples were reported. paramilitary groups, such as the Gaitanista Self-Defense Forces of Colombia (AGC), all Unlawful killings committed acts of violence. By 15 December, the OHCHR had verified 66 A report by over 500 civil society massacres, defined as incidents in which organizations recorded a notable expansion three or more people are killed at the same of rearmed paramilitary groups and estimated time and place by the same alleged that the AGC had a presence in 22 of the perpetrator. The civil society organization country's 32 departments, approximately Indepaz reported 51 massacres of people 90% of Colombian territory. In the south of protected by international humanitarian law Córdoba and Antioquia departments, there between January and September.

126 Amnesty International Report 2020/21 On 16 July, the Emberá Indigenous People The Association of Traditional Authorities in Geandó community reported that a nine- and U'was Councils (ASOU’WAS) reported year-old girl died after being shot during an that the National Army killed an Indigenous armed confrontation between the ELN and leader in military operations in Chitagá the AGC. municipality, Norte de Santander The UN Verification Mission reported that department. The community refuted the 41 former FARC-EP members in the process National Army's claim that he was killed in of reintegration under the terms of the Peace combat. Agreement were killed in the first six months In May, the Catatumbo Campesino of the year. Association (ASCAMCAT) reported two violent There was some progress on justice and incidents in Catatumbo in which security victims' rights. The Inter-American force officials enforcing the forced eradication Commission on Human Rights reported that of coca indiscriminately fired on campesinos, the Special Jurisdiction for Peace (JEP) had as result of which two people died in Teorama informed the organization it had issued over municipality. 29,000 judicial decisions by July 2020. On 9 September, lawyer Javier Ordóñez Seven macro-cases were opened, including died as a result of torture and excessive use into unlawful killings presented as combat of lethal force by National Police in Bogotá.3 casualties by state agents. On 10 September, the Minister of Defence, who is in charge of the National Police, RIGHTS TO HEALTH, WATER AND FOOD reported that 403 people were injured, There were concerns that spraying operations among them 194 members of the security to eradicate coca production in some areas forces, and 10 people were killed (seven in could also destroy legal crops on which Bogotá and three in Soacha) in the context of campesino communities depend for food. In protests on 9 and 10 September in response addition, these operations expose a to Javier Ordoñez’s killing. An internal population with little access to health services investigation into Javier Ordóñez’s death was to COVID-19 virus. There were repeated calls ongoing. for the Colombian authorities to urgently take appropriate measures to guarantee the rights HUMAN RIGHTS DEFENDERS of rural communities, including their rights to Colombia was the most dangerous country in health, water and food, and to stop forced the world to defend environmental rights, eradication operations.2 according to the NGO Global Witness. On 17 August, the OHCHR stated that it had EXCESSIVE USE OF FORCE AND documented 97 killings of human rights EXTRAJUDICIAL EXECUTIONS defenders and verified 45 homicides. Those In the subregions of Bajo Cauca, northeast of targeted were members of Indigenous Antioquia and Catatumbo, and the south of Peoples and Afro-descendent communities, Bolívar department, state forces used people defending the right to land and the excessive force when enforcing isolation environment, and those involved in measures to curb COVID-19. implementing the Peace Agreement. The The Awá Indigenous People of the Pialapí Somos Defensores programme reported that reserve in Nariño condemned the killing of an between January and December 135 human Indigenous man during a protest against rights defenders had been killed because of forced eradication of coca in the area. their work and a further 65 homicides were On 19 May, Anderson Arboleda, a young awaiting verification. Afro-descendent man, died in Puerto Tejada, In March, the Attorney General's Office Cauca department, allegedly as a result of reported that there had been progress in 173 being beaten by a member of the National of the 317 cases of killings of human rights Police. defenders. These efforts were not sufficient to

Amnesty International Report 2020/21 127 combat impunity for attacks against which women were impaled, set on fire, defenders. sexually abused, tortured and dismembered. The Ríos Vivos Movement reported that Venezuelan women in an irregular collective protection measures for human migratory situation faced barriers in rights defenders were inadequate and did not accessing health services. guarantee its members’ and Organizations that work to defend women's physical integrity because they failed to rights reported that the barriers to accessing address the structural causes of the violence legal abortion services increased during the and the authorities did not fulfil their year. On 16 September, 91 civil society commitments. organizations and 134 activists presented a The Black Communities’ Process (PCN) in petition to the Constitutional Court for the Buenaventura reiterated that impunity for crime of abortion to be removed from the threats encourages new attacks. The Penal Code; this remained pending at the Catatumbo Social Integration Committee end of the year. (CISCA) reported that campesinos defending land-related rights experienced high levels of RIGHTS OF LESBIAN, GAY, BISEXUAL, violence and lack of state protection. TRANSGENDER AND INTERSEX (LGBTI) The Kubeo-Sikuani Ancestral Indigenous PEOPLE Settlement in Meta department condemned The organization Colombia Diversa reported the failure to recognize the territorial rights of that in 2020, 71 LGBTI people were killed. Indigenous Peoples and underscored that Organizations that defend LGBTI people's this was a key cause of the violence affecting rights condemned the killing of Juliana them. Giraldo, a trans woman shot by a soldier in The Association for the Comprehensive Miranda, Cauca department, in September. Sustainable Development of La Perla Amazónica (ADISPA) highlighted the threat RIGHTS OF REFUGEES AND MIGRANTS posed by new armed groups since the Peace The R4V Coordination Platform for Refugees Agreement.4 and Migrants from Venezuela reported in State security forces continued illegal May that 1,764,883 migrants and refugees surveillance and smear campaigns against from Venezuela were living in Colombia, of social leaders, journalists and government whom 8,824 applied for refugee status. opponents. The Inter-Church Commission for Refugees and migrants were subjected to Justice and Peace reported in May that the forced evictions during periods in which National Army was conducting illegal isolation measures were in place, even surveillance of two women human rights though these were prohibited by the defenders, Luz Marina Cuchumbe and Jani government during the state of emergency. Rita Silva. In May, several media outlets and Thousands of people returned to Venezuela human rights organizations reported that the due to the lack of opportunities in Colombia, military was carrying out illegal surveillance of despite the risks this posed to their lives. more than 130 people, including national There were also cases of arbitrary detention. and international journalists, human rights The NGO Dejusticia reported that illegal defenders and politicians. armed groups in La Guajira, Norte de Santander and Arauca departments on the RIGHTS OF WOMEN AND GIRLS border with Venezuela put at risk the lives During the isolation measures imposed to and physical integrity of people who had fled curb COVID-19, reports of gender-based from Venezuela to Colombia. violence increased. According to the Observatory on Feminicides in Colombia, 1. Colombia: Indigenous Peoples will die from COVID-19 or from hunger between January and November, 568 if the state does not act immediately (Press release, 17 April) femicides were reported, including cases in

128 Amnesty International Report 2020/21 2. Colombia: Decision to forcibly eradicate illicit crops could result in human rights violations (Press release, 22 July) ARBITRARY DETENTION 3. Colombia: Amnesty International condemns torture and excessive use Political opponents, human rights defenders of force by police (Press release, 11 September) and activists faced intimidation, harassment 4. Why do they want to kill us?: Lack of safe space to defend human and arbitrary detention. rights in Colombia (AMR 23/3009/2020) In March, Hallel Bouesse, a member of Ras-le-bol, a pro-democracy movement, was arrested at Maya-Maya International Airport CONGO in Brazzaville, as he was about to board a flight to Senegal to participate in a training Congo (Republic of the) event. After being questioned by airport Head of state: Denis Sassou Nguesso security officers about the reasons for his trip, Head of government: Clément Mouamba he was taken to the General Directorate of Territorial Surveillance where he was again Political activists and civil society members questioned about his trip, his links with Ras- including human rights defenders le-Bol and the Congolese Human Rights continued to face intimidation, harassment Observatory. He was released without charge and arbitrary detention. Rights to freedom the same day. His passport was confiscated of expression and peaceful assembly were for two days. restricted particularly in the context of the In June, the Prosecutor appealed against COVID-19 pandemic. The right to health the Brazzaville High Court’s decision in was hindered due to lack of adequate March to provisionally release Parfait Mabiala equipment in health care facilities. Hojeij, Franck Donald Saboukoulou, Guil Indigenous Peoples still faced Ossebi Miangué and Rolf Meldry discrimination while women in those Dissavouloud, all supporters of Incarner communities also experienced high levels of l’Espoir, an opposition movement whose gender-based violence. leader announced in June 2019 that he would run in the 2021 elections. According to BACKGROUND Article 171 of the Code, The ruling party nominated President Sassou the Prosecutor’s appeal was out of time – the Nguesso to stand again in the 2021 law stipulates that appeals must be made presidential elections. He had served as within 24 hours of a ruling. The four were President since 1997 and, prior to that, arrested between November and December between 1979 and 1992. 2019 and charged with breaching state On 30 March, the government declared a security. They remained in arbitrary detention state of emergency which established in Brazzaville until the 4 December decision measures to respond to the COVID-19 by the Brazzaville Court of Appeal which pandemic including curfews, border closures declared the Prosecutor’s appeal and mandatory wearing of face masks. At the inadmissible and freed the four detainees end of the year, curfews remained in place in pending trial. the capital, Brazzaville, and in Pointe-Noire In July, Jean-Marie Michel Mokoko, aged between 11pm and 5am and 8pm and 5am 73, was evacuated to Turkey for one month during working days and weekends, for medical treatment after his health respectively. The decline in oil revenue deteriorated in Brazzaville prison. He had during the pandemic led the authorities to been detained since June 2016 after ask the International Monetary Fund (IMF) standing as a presidential candidate in the for urgent economic aid despite their having same year. He was sentenced to 20 years’ failed to implement the conditions to secure imprisonment in 2018 after being convicted an IMF loan of over US$400 million in 2019. of an “attack on internal state security, and illegal possession of weapons of war and

Amnesty International Report 2020/21 129 munitions”. In the same year, the UN In January, unions denounced conditions Working Group on Arbitrary Detention said it at the Brazzaville University Hospital, considered his detention to be arbitrary. including water cuts, closure of some of the specialized services, non-sterile wards, an FREEDOMS OF EXPRESSION AND empty pharmacy, and broken radiography ASSEMBLY equipment. The rights to freedom of expression and On 3 April, at the beginning of the peaceful assembly were undermined in the COVID-19 outbreak, a trade union branch context of the authorities’ response to the representing workers at the Edith Lucie COVID-19 pandemic. Bongo Ondimba Hospital in Oyo city sent a Rocil Otouna, a news anchor for Télé list of complaints to the sub-prefect of Oyo Congo, a state-owned national TV channel, raising concerns mainly about the learned from his boss that he had been inoperability of the emergency operating suspended after he presented a debate on theatre and radiography equipment, and the the President’s speech about the COVID-19 lack of pharmaceutical supplies and oxygen pandemic on 30 April. During the debate he tanks. They also demanded partial payment questioned the Minister of Justice and a of their unpaid salaries. doctor who was a member of the experts’ On 30 July, health workers met in an panel on the National Committee for the Fight extraordinary General Assembly at the against COVID-19 about the lack of available Adolphe Sicé Hospital in Pointe-Noire and information on the number of people who denounced the Hospital’s outdated and were infected with, or had recovered from inadequate technical equipment and raised COVID-19; and on the social consequences concerns about shortages of PPE which of the government’s restrictive measures. further exposed them and their patients to According to Reporters Without Borders, on 3 the risk of COVID-19 infection. They also May the Ministry of Communications issued an alert about the rise in numbers of dismissed claims of his suspension. hospital workers infected with COVID-19 – Meanwhile, Rocil Otouna was sacked from more than a dozen at the time of the General his post as Press Secretary at the Assembly – and the reduced capacity to Communications Ministry. On 12 May, the provide care for patients. The workers Higher Council for Freedom of denounced the fact that they had not been Communication, the media regulator, paid for eight months and demanded three confirmed Rocil Otouna’s suspension from months' back payment. Télé Congo and called for his reinstatement. In September, health workers treating In July, the Secretary-General of COVID-19 patients at the Albert Leyono Brazzaville Department banned a municipal clinic in Brazzaville asked the demonstration organized in support of Jean- President to take responsibility for the health Marie Michel Mokoko’s evacuation to receive of front-line workers. According to the media, medical treatment. He said the ban was the clinic had been without a laundry for six issued to limit the risks posed by COVID-19. months, which meant that it was not possible to ensure sufficient hygiene standards. RIGHT TO HEALTH Crucial health care facilities lacked adequate INDIGENOUS PEOPLES equipment. This prevented the population According to the report of the UN Special from fully enjoying their right to health. Rapporteur on the rights of Indigenous Peoples published in July, despite Health workers progressive legislation adopted in recent Health workers complained about the lack of years, particularly a 2011 law to promote personal protective equipment (PPE) to Indigenous Peoples’ rights, communities protect them from COVID-19. continued to face high levels of

130 Amnesty International Report 2020/21 discrimination in both urban and rural establishing a transitional government. settings, and no progress had been made on Dozens of opposition members were the demarcation and titling of land. Illiteracy arrested, including the presidential contender remained widespread and access to justice Pascal Affi N’Guessan, who was charged with and employment with decent wages conspiracy against state authority among remained particularly inadequate. Indigenous other things. He was released under judicial women said their access to sexual and supervision on 30 December. reproductive health care was limited; they faced gender-based violence including rape FREEDOM OF EXPRESSION and early marriage; maternal and infant Political activists, journalists and others who mortality rates were high; and they were food expressed dissent were harassed and insecure. arbitrarily arrested. According to Reporters Without Borders, on 4 March Yacouba Gbané and Barthélémy Téhin of Le Temps newspaper were fined CÔTE D’IVOIRE XOF5 million (US$9,200) for publishing an Republic of Côte d’Ivoire article which criticized the authorities’ Head of state: Alassane Dramane Ouattara handling of public affairs. On 31 March, Head of government: Hamed Bakayoko (replaced Vamara Coulibaly and Paul Koffi, of Soir Info Amadou Gon Coulibaly in July) and Nouveau Réveil newspapers respectively, were fined XOF2.5 million (US$4,600) for Political activists, civil society “disseminating false information”, after they representatives, journalists and others who published a letter from MP Alain Lobognon’s expressed dissent were arbitrarily arrested. lawyers about their client’s harsh detention The government imposed a ban on public conditions. protests. Dozens of people were killed and In August, political activists, civil society hundreds injured during protests and representatives and others who had called for clashes in the context of contested demonstrations or attended peaceful protests presidential elections. Impunity for past against the President’s candidacy were human rights violations continued. arbitrarily arrested. Pulchérie Edith Gbalet, co-ordinator for the pro-democracy NGO BACKGROUND Alternatives Citoyennes, was arrested at a On 6 August, President Ouattara announced hotel in with two associates. The that he would run for re-election. In charges pending against them included September, the Constitutional Council disruption of public order and participation in accepted his candidacy and rejected 40 an insurrectionary movement. Five women other contenders, including former President from the opposition party GPS (Générations and former Prime Minister et peuples solidaires) were also arrested Guillaume Soro, in part because they were while on their way to a peaceful protest. They not on the electoral list. The latter was all remained in detention in MACA prison sentenced in April in his absence to 20 years’ in Abidjan at the end of the year. imprisonment on fraud-related charges. Several opposition figures were put under Opposition parties boycotted the 31 de facto house arrest in November after they October presidential elections and called for created the Transitional National Council. , arguing that the 2016 On 3 December, two singers, known as Constitution did not allow the incumbent to Yode and Siro, were found guilty of run for a third term. However, the President propagation of false information with tribalist was re-elected. On 2 November, the and racist overtones with the intention of opposition announced the creation of its rising a community against another, Transitional National Council, with the aim of contempt of court and discrediting the

Amnesty International Report 2020/21 131 judicial institution and its functioning, after a of Security and Civil Protection, at least 16 concert during which they questioned the people were killed and dozens injured in impartiality of the General Prosecutor in the Dabou. During the 10 days following the 31 investigation of electoral violence and called October election, the National Human Rights for the return of political opponents to the Council said there were 55 deaths and 282 country. They were fined XOF5 million injuries and that thousands of people were (US$9,200) and given a one-year suspended internally displaced due to violence in areas sentence. including the towns of , Tehiri, Tiebissou, Bougouanou, Daoukro and FREEDOM OF ASSEMBLY Toumodi. In August, several demonstrations organized by the opposition were repressed. TORTURE AND OTHER ILL-TREATMENT On 13 August in Yopougon district of François Ebiba Yapo, a cyber activist, also Abidjan, police officers apparently had known as Serge Koffi Le Drone, said that allowed groups of men, some armed with between 7 and 11 May he was tortured in the machetes and sticks, to attack protesters. custody of the Unit to Combat Organized The Minister of Security and Civil Crime. He said that officers beat him with a Protection said that between 10 and 14 machete on the soles of his feet and his August, demonstrations had led to five back and punched and stamped on his face deaths, 104 injuries and 68 arrests of people and stomach. He was charged, in relation to accused of “disrupting public order, his social media posts, with undermining incitement to revolt, violence against law national defence, disturbing public order, enforcement agents and destroying defamation and contempt on social media, property”. among other things. The torture allegations On 19 August, the Council of Ministers were not investigated. suspended all public protests. The ban was renewed several times until 15 December. RIGHT TO HEALTH However, electoral campaign meetings were On 29 March, the Platform of Health Unions permitted. called on the government to take urgent Despite the ban, women’s marches went measures to protect health workers from ahead on 21 August and were violently COVID-19 infection. It said that medical dispersed by youth counter-demonstrators in equipment was inadequate and urged the the cities of Divo in the south, and Bonoua in authorities to supply workers with PPE and the south-east of the country. sterilization tools. From April, the government received medical equipment donations from UNLAWFUL KILLINGS private and public bodies, including the Violent clashes erupted in August between WHO. On 8 April, the authorities released supporters of the ruling party and opposition over 2,000 prisoners to ease congestion and supporters. According to official figures, 85 thereby reduce the spread of COVID-19 in people died and 484 were injured during prisons. these clashes before, during and after the elections at the end of October. RIGHT TO TRUTH, JUSTICE AND Between 21 and 22 August in Divo and REPARATION Bonoua, violence between supporters of In April, the government withdrew the rights President Ouattara and supporters of of individuals and NGOs to bring cases to the opposing parties raged after the women’s African Court on Human and Peoples' Rights. marches were dispersed (see above, One week earlier, the Court had ruled that an Freedom of assembly). Seven people were Ivorian arrest warrant against Guillaume Soro killed and property was destroyed. Between be suspended and asked the authorities to 19 and 21 October, according to the Minister provisionally release 19 of his relatives and

132 Amnesty International Report 2020/21 supporters who had been detained since rights of migrants and on torture urged December 2019. Croatia to immediately investigate the reports, The appeal against the ICC’s 2019 while the European Commission announced acquittal of Laurent Gbagbo and former a monitoring mission to into Croatia’s Minister Charles Blé Goudé remained border activities. In August, the Council of pending. Europe’s Committee for the Prevention of The Supreme Court was yet to rule on a Torture conducted a rapid reaction visit to 2019 petition from human rights Croatia to examine the treatment of migrants organizations to cancel a 2018 law granting and asylum-seekers by the Croatian police. an amnesty to hundreds of people accused The report was not published by the end of or convicted of crimes committed in 2010 the year. and 2011. Due to COVID-19 restrictions, access to asylum-seekers’ accommodation centres was restricted, forcing NGOs providing free legal aid and psycho-social support to stop their CROATIA work. Refugees who had received Republic of Croatia international protection as well as those Head of state: Zoran Milanović (replaced Kolinda whose applications had been rejected were Grabar-Kitarović in February) not allowed to stay in the centres during Head of government: Andrej Plenković lockdown. They received no government support, and some were left homeless. Asylum-seekers were denied access to In November, Parliament adopted changes asylum; the police pushed back and abused to the Law on Foreigners that, according to people entering irregularly. The legal NGOs, could restrict the rights of asylum- framework on gender-based violence was seekers and migrants and potentially improved, but cases continued to attract criminalize legitimate acts of solidarity. minor penalties. Access to abortion remained severely constrained. Same-sex VIOLENCE AGAINST WOMEN AND GIRLS couples were granted the right to foster In January, legal amendments harmonizing children. The government withdrew the definition of rape in criminal legislation amendments to allow all phones to be with international standards and increasing tracked in response to the COVID-19 penalties for crimes of gender-based violence pandemic. Journalists continued to be entered into force. According to government threatened for their work. statistics, the number of reported rape cases more than doubled as a result of the changes REFUGEES, ASYLUM-SEEKERS AND as they significantly expanded the scope of MIGRANTS the offence. Proceedings continued to be Many asylum-seekers entering the country lengthy, lasting between three and five years. irregularly continued to be denied access to Due to the reclassification of domestic asylum. Aid organizations documented over violence offences, the number of criminal 15,000 cases of pushbacks and collective prosecutions for such offences rose sharply. expulsions, frequently accompanied by Nevertheless, in the majority of cases, violence and abuse. In May, in one of the domestic violence continued to be treated as most serious incidents, 16 migrants reported a minor offence attracting minor penalties. being handcuffed and restrained, tied to a Police and courts remained reluctant to tree, and then severely beaten and tortured enforce protective measures. by police in black uniforms and balaclavas.1 Several men suffered serious injuries and SEXUAL AND REPRODUCTIVE RIGHTS trauma. The UN refugee agency, UNHCR, Women continued to face significant barriers and the Special Rapporteurs on the human in accessing sexual and reproductive health

Amnesty International Report 2020/21 133 services and information. The widespread thereby further deepening educational gaps refusal of individual doctors and some clinics between Roma and non-Roma pupils. to perform abortions on grounds of conscience, as well as prohibitively high costs LESBIAN, GAY, BISEXUAL, of services and poor regional coverage of TRANSGENDER AND INTERSEX (LGBTI) authorized providers, presented an PEOPLE insurmountable obstacle to women of lower In a landmark ruling in January, the social economic status. According to a survey Constitutional Court decided that same-sex conducted by women’s rights organizations, couples have the right to be foster parents on many clinics suspended abortion services the same terms as anyone else who meets during the COVID-19 pandemic lockdown. the legal requirements. Same-sex couples A new law on abortion was not adopted by continued to be barred from adopting the end of the year. The deadline to replace children. an outdated law set by the 2017 Constitutional Court ruling expired in FREEDOM OF EXPRESSION February 2019. Ahead of the July Journalists investigating corruption and parliamentary elections, some candidates organized crime continued to face threats from conservative parties, including the ruling and intimidation. Croatian Democratic Union (Hrvatska According to the Croatian Journalists’ demokratska zajednica), condemned Association (Hrvatsko novinarsko društvo), abortions and advocated for stronger over 900 lawsuits were filed against restrictions on accessing the care, including journalists and media outlets for “violation of for rape victims. honour and reputation”. The European Federation of Journalists warned that such RIGHT TO PRIVACY lawsuits had a chilling effect on journalists In April, the government withdrew and the media. amendments to the Law on Electronic Communications which would have allowed 1. Croatia: Fresh evidence of police abuse and torture of migrants and the location of all mobile phones to be asylum-seekers (News story, 11 June) tracked as a part of COVID-19 contact tracing. Civil society and constitutional experts were highly critical, warning that such powers extended beyond protecting public CUBA health and included no safeguards against Republic of Cuba potential abuse. Head of state and government: Miguel Mario Díaz- Canel Bermúdez DISCRIMINATION Roma continued to face discrimination in all walks of life, including education, health, Amid reports of food scarcity, the housing and employment. For many Roma authorities continued to repress all forms of communities living in informal settlements, dissent, including by imprisoning access to food and hygiene products was independent artists, journalists and particularly constrained because of COVID-19 members of the political opposition. as the local authorities failed to provide the necessary support. RIGHT TO FOOD Due to a continued lack of access to Throughout the year there were reports of electricity, the internet and family capacity, scarcity of food and other basic goods, many Roma children were unable to access leading senior government officials to call on any remote learning during school closures, Cubans to grow more of their own food. In September, artist “Yulier P” graffitied a

134 Amnesty International Report 2020/21 haunting image of someone eating their own Protect Journalists called consistently for his bones on the streets of the capital, . release, especially in the context of his Despite the UN’s recommendation that heighted risk from COVID-19 as a person sanctions be waived to ensure access to food with underlying medical conditions and over and essential medical supplies to adequately the age of 60. Roberto Quiñones had respond to the COVID-19 pandemic, the USA published articles about his prison continued to impose its economic embargo conditions, including overcrowding, poor food on the country. and water quality, and lack of adequate medical care.3 REPRESSION OF DISSENT Throughout the year, authorities harassed Authorities continued to clamp down on all and intimidated members of the San Isidro forms of dissent, imprisoning political Movement – composed of artists, poets, leaders, independent journalists and artists. LGBTI activists, academics and independent In April, the authorities released José journalists. Its members were at the forefront Ferrer García, leader of the unofficial of challenging Decree 349 that stands to political opposition group Patriotic Union of censor artists. The authorities’ actions Cuba (UNPACU) and former prisoner of symbolized Cuba’s ongoing repression of the conscience, who had been imprisoned in right to freedom of expression in the country.4 October 2019 and tried on 26 February in a Luis Manuel Otero Alcántara, a key leader trial tainted by irregularities.1 The Cuban in the movement, was jailed for two weeks in authorities had prevented the press, the EU March, having reportedly been charged with and Amnesty International from monitoring “insults to symbols of the homeland” (Article his trial. 203 of the Penal Code), an offence inconsistent with international human rights FREEDOM OF EXPRESSION law and standards, and “damage” to property Reports of independent journalists fined for (Article 339).5 reporting on COVID-19 and its impact on the In November, the San Isidro Movement country prompted calls for President Miguel garnered international attention when Díaz-Canel to take immediate measures to members went on hunger strike to demand guarantee press freedom.2 Civil society and the release of rapper Denis Solís González, journalists also expressed concern during the who had been sentenced to eight months’ year that Decree-Law 370, a law related to imprisonment for “contempt”, a crime also online expression, appeared to tighten the inconsistent with international human rights Cuban government’s network of control and standards. censorship online, especially during the Following a police raid on the pandemic. headquarters of the movement in Old Havana In March, Cubanet journalist Camila – which according to Cuba’s official Acosta was arrested for hours and given a newspaper was carried out due to alleged fine for sharing information on Facebook. In violations of COVID-19 related health September, she was arrested again and protocols – authorities took Luis Manuel threatened with further prosecution for Otero Alcántara into custody again for several protesting Decree 370. On 4 September, the days, and detained academic Anamely authorities released independent journalist Ramos González for approximately 12 hours.6 with Cubanet, Roberto Quiñones Haces, aged In response to the raid, on 27 November, 63. He had been tried in 2019 and hundreds of artists and intellectuals staged a sentenced to one year’s imprisonment for rare protest outside the Ministry of Culture “resistance” and “disobedience” because of and secured an equally unusual audience his work as a journalist. Amnesty with the Vice Minister of Culture. international, Article 19, the Institute for War For approximately two weeks after the and Peace Reporting and the Committee to meeting, members of the movement,

Amnesty International Report 2020/21 135 including Luis Manuel Otero Alcántara and mid-March and 8 April and then prohibited Anamely Ramos González, and from leaving the camp following a Ministerial approximately 10 or more activists and Decision citing COVID-19 concerns. independent journalists were subjected to In May, the NGO KISA reported that constant surveillance and faced arrest by excessive force was used against asylum- police and state security officials if they left seekers protesting against poor living their houses, essentially amounting to house conditions and detention in Pournara. arrest, in violation of international law.7 From 20 May, the authorities prohibited residents from leaving the camp citing a scabies outbreak. This sparked new protests 1. Cuba: Opposition leader sentenced to house arrest after trial tainted by irregularities (Press release, 3 April) by residents. While the measures were lifted 2. Cuba: Authorities must guarantee press freedom in the COVID-19 era on 15 June, UNHCR, the UN refugee (Press release, 2 May) agency, described Pournara as a closed 3. Cuba: at risk of COVID-19: Roberto Quiñones facility as of 28 September. In November, Haces (AMR 25/2210/2020) new COVID-19 measures reintroduced the 4. Cuba: Harassment of San Isidro movement exemplifies ongoing ban on movements outside the camp. In assault on freedom of expression (Press release, 20 November) December, the Ombudswoman 5. Cuba: Artist opposing censorship at risk: Luis Manuel Otero Alcántara recommended the camp’s decongestion. (AMR 25/2028/2020) On 20 March, reports emerged that the 6. Cuba: Amnesty International calls for release of two San Isidro Cyprus Coast Guard pushed back to sea a prisoners of conscience (Press release, 27 November 2020) boat carrying 175 Syrian refugees. Further 7. Cuba: San Isidro movement and allies under frightening levels of incidents were reported in September surveillance (Press release, 15 December 2020) concerning the Coast Guard forcibly returning to Lebanon more than 200 refugees and migrants who had reached or tried to reach CYPRUS Cyprus by boat.

Republic of Cyprus VIOLENCE AGAINST WOMEN AND GIRLS Head of state and government: In January, a British teenager appealed against a Cyprus district court ruling finding Asylum-seekers were detained in her guilty of making false claims in her report substandard conditions in Pournara refugee of being gang-raped in July 2019. Serious camp. Several incidents of pushbacks of concerns remained about the reported refugees and migrants were reported. shortcomings of the police investigation and the fairness of her trial. BACKGROUND In October, the UN Security Council called on FREEDOM OF EXPRESSION Turkey to reverse the decision to open parts In June, the Observatory of Human Rights of the military controlled area of Varosha. In Defenders and the International Federation November, the UN hosted an informal for Human Rights expressed concerns over a meeting between the Greek-Cypriot and Supreme Court ruling convicting the NGO Turkish-Cypriot leaders where the topic of KISA of “defamation” and imposing a penalty fresh talks about the island was discussed. of €10,000. The case related to action taken by KISA in 2010 against online hate speech. REFUGEES AND ASYLUM-SEEKERS The ruling was appealed. In April, NGOs denounced the detention in overcrowded and unhygienic conditions of IMPUNITY nearly 700 asylum-seekers in Pournara In January, the European Court of Human refugee camp in Kokkinotrimithia. They were Rights found Cyprus in breach of the initially detained without legal basis between Convention for failing to effectively investigate

136 Amnesty International Report 2020/21 the death of Athanasios Nicolaou, an army and lawyers signed an open letter in April, conscript, found dead under a bridge in concerned that he appeared to demonstrate 2005. insufficient commitment to certain issues including . ENFORCED DISAPPEARANCES Between 2006 and 30 November 2020, the DISCRIMINATION remains of 993 missing individuals (711 Roma Greek Cypriots and 282 Turkish Cypriots) Discrimination against Roma remained were identified by the Committee on Missing widespread, although the new Public Persons in Cyprus in its mission to establish Defender of Rights claimed that it was only a the and whereabouts of individuals who marginal problem. were forcibly disappeared during the inter- Some steps were taken towards communal fighting of 1963 to 1964 and the implementing a mechanism for providing events of 1974. compensation to Roma women who were victims of forced sterilization. In September the Council of Europe’s Human Rights Commissioner called on the lower house of CZECH REPUBLIC parliament to adopt a draft law providing one- Czech Republic off compensation for victims. The bill was Head of state: Miloš Zeman awaiting its first reading at year’s end. Head of government: Andrej Babiš The Committee of Ministers of the Council of Europe held a regular review in December Discrimination against Roma persisted. of the measures taken to address the Parliament again failed to ratify an discriminatory segregation of Roma in international convention on violence against schools and classes for pupils with mental women and take forward a bill on same-sex disabilities (following the continued failure to marriage. The European Court of Justice implement the judgment in D.H. and Others ruled against the government for failure to v Czech Republic). The Committee noted accept mandatory refugee quotas. Up to some positive trends but remained 16% of primary school children were concerned that the majority of Roma pupils reportedly unable to access education assessed as needing individual educational online during the lockdown related to the plans were still educated outside the COVID-19 pandemic. Concerns remained mainstream. over continuing arms transfers to parties in the Yemen conflict. Women Parliament failed to ratify the Council of BACKGROUND Europe Convention on preventing and Both the Czech authorities and the EU combating violence against women (Istanbul continued to investigate alleged conflicts of Convention) although it was scheduled to be interest by Prime Minister Andrej Babiš submitted for ratification in 2018. According relating to EU subsidies received by his to a group of Czech NGOs, the Coalition business interests. Prior to the first lockdown Against Violence, annually some 168,000 as a result of the pandemic, in March victims of domestic violence have sought thousands of people held a demonstration in medical help in recent years. Service the capital, Prague, against the Prime providers noted an increase in the number of Minister and what they perceived as his domestic violence incidents during the corrosive effect on the country’s institutions. restrictions imposed as a result of the The tenure of the new Public Defender of pandemic. Human Rights, appointed in February, In June the European Committee of Social provoked controversy. Over 300 academics Rights made public its decision (in the case

Amnesty International Report 2020/21 137 of University Women of Europe v. Czech the Court in 2017, for refusing to participate Republic) that there had been insufficient in the EU’s Emergency Relocation Scheme progress on the right to equal pay and the which sets mandatory relocation quotas. balanced representation of women in decision-making bodies in private IRRESPONSIBLE ARMS TRANSFERS companies. In response the Czech Concerns remained that continued arms Government Commissioner for Human Rights transfers to the Saudi Arabia/United Arab submitted a new draft strategy on gender Emirates-led coalition could be used to equality 2020-2030 to the government. commit or facilitate serious violations of international human rights and humanitarian Lesbian, gay, bisexual, transgender and intersex law in the Yemen conflict. (LGBTI) people Parliament again failed to table a vote on a bill, originally approved by government in 2018, which would fully recognize equal DEMOCRATIC marriage for same-sex couples. Such couples had been able to register their partnerships REPUBLIC OF THE since 2006, but this did not permit joint adoption. CONGO

RIGHT TO EDUCATION Democratic Republic of the Congo According to the Czech School Inspectorate, Head of state: Félix Antoine Tshisekedi Tshilombo approximately 11-16% of primary school Head of government: Sylvestre Ilunga Ilunkamba children were unable to access education online during the first lockdown as they Poor households suffered increased food lacked access to an internet connection and/ insecurity as a result of COVID-19 or appropriate devices, with under 1% of restrictions while prisons were chronically pupils not involved in education in any form. overcrowded. Armed conflicts and inter- communal violence continued in some RIGHTS OF REFUGEES, ASYLUM- provinces, resulting in hundreds of deaths SEEKERS AND MIGRANTS and the displacement of hundreds of The government continued to refuse to thousands of people. Government forces participate in any relocation efforts within the and armed groups continued to enjoy EU, including to accept unaccompanied impunity for grave human rights violations, child refugees. Despite calls from Greece to including extrajudicial killings and summary accept 40 unaccompanied child migrants, executions. Conflict-related sexual violence the Interior Minister claimed that the only against women increased. The authorities refugees in Greece were young men who he continued to restrict the right to freedom of did not consider as children as they were expression and media freedom. Journalists around 17 years old. He also said that were imprisoned and human rights accepting young male refugees aged 12-17 defenders were subjected to death threats would pose serious security risks for the and prosecution. public. The European Court of Justice ruled in BACKGROUND April that the Czech Republic (together with The human rights situation remained dire Poland and Hungary) had broken European and tensions within the ruling coalition law by failing in its obligations and persisted. The increase in violence, commitments to relocate asylum-seekers and particularly in the east and the central parts refugees. The European Commission had of the country involving armed groups, brought a case against the three countries to

138 Amnesty International Report 2020/21 including those from neighbouring countries, responding to Ebola, measles and cholera exacerbated the humanitarian crisis. epidemics. Thousands of armed group combatants, In September, the US government, via who surrendered their weapons early in the USAID, donated 50 new ventilators to the year in , Ituri, South Kivu and Democratic Republic of the Congo (DRC) Tanganyika provinces, were left without government to boost the country’s fight shelter, food or medical care and many against the COVID-19 pandemic. Confirmed rejoined their groups. The government’s COVID-19 cases and related deaths reached focus on controlling COVID-19 and other 18,153 and 599 respectively by the end of diseases diverted its attention from the year. disarmament, demobilization and By June, the COVID-19 infection rate had reintegration efforts. decreased but the 10th Ebola outbreak, On 18 March, the President announced which began in 2018, had affected at least measures to control the spread of the 3,470 people and left some 2,287 dead, COVID-19 pandemic, including movement while the measles outbreak had killed around restrictions, border closures and a ban on 6,000 people. gatherings of more than 20 people. On 24 March, the President announced a 30-day Prison conditions state of emergency which was extended on Overcrowding continued to be one of the 23 April and confirmed by the Constitutional biggest concerns in prisons and was Court and Parliament. On 22 July, it was worsened by the COVID-19 pandemic. DRC lifted following a slowdown in late June in prisons were among the most overcrowded in COVID-19 cases and deaths, and restrictions the world, with some facilities holding more were lifted in phases. than 300% over their intended capacity. New appointments were made to the army Some prisoners went for days without food and the judiciary but there was no significant and others did not receive necessary medical change in the conduct of those institutions, attention, resulting in dozens of deaths. which remained a major impediment to the Twenty-five inmates died in Makala prison in protection of human rights. the capital, Kinshasa, from starvation and On 23 November, the North-Kivu lack of medicine at the beginning of the year. operational military court sentenced warlord In April, the government addressed the risk Ntabo Ntaberi alias Sheka, leader of the of COVID-19 infection in prisons by releasing Nduma Defense of Congo, to life at least 2,000 inmates. At the end of that imprisonment for serious crimes committed month, 43 prisoners tested positive for against civilians in North Kivu between 2007 COVID-19 at the Ndolo in and 2017. Charges included the rape of Kinshasa. some 400 women, men and children in 2010. A member of the Democratic Forces RIGHT TO EDUCATION for the Liberation of Rwanda was also The government closed schools, universities sentenced to life imprisonment. Two Sheka and other educational institutions on 19 collaborators were sentenced to 15 years in March as part of its COVID-19 measures, prison after a trial that lasted two years and in affecting around 27 million students. The which 178 victims took part. closure of schools increased the risk for many children of recruitment into armed RIGHT TO HEALTH groups, as well as to sexual exploitation, early The COVID-19 pandemic put immense marriage and in mines. Schools pressure on an already underfunded and were re-opened on 10 August. overstretched health system, and on poorly Armed conflicts also disrupted the paid health workers who were also education of thousands of children, especially in the east.

Amnesty International Report 2020/21 139 of people to flee their homes. According to ECONOMIC, SOCIAL AND CULTURAL the UN Joint Human Rights Office RIGHTS (UNJHRO), in the first half of the year, COVID-19-related lockdowns and other combatants from all armed groups carried restrictions had an adverse impact on low out summary executions in which around income households although the government 1,315 people, including 267 women and 165 took measures to alleviate hardship by, for children, were killed. instance, providing some essential services Violence attributed to the Allied like water and electricity for a two-month Democratic Forces (ADF), an armed group period. Such households in urban and rural operating in DRC and Uganda, soared during areas, and in the border regions, lost key the year after the authorities launched sources of income due to the decline in preventive attacks on the group. Between 25 demand for informal economy workers and and 26 May, the ADF killed 40 civilians in those involved in cross-border trading. Irumu territory, Ituri province, and was The government continued in its failure to believed to be responsible for killing seven enforce environmental and labour protection civilians on 15 August and for the deaths of regulations in the mining industry where 58 people in two September attacks in the many workers were exposed to toxic pollution same area. The UNJHRO accused the ADF which caused birth defects in the children of of committing war crimes. cobalt and copper miners.1 Men, women and Meanwhile, government forces were children worked in some mines without basic accused of killing 14 civilians and injuring 49 protective equipment like gloves and face others in the first half of the year. They also masks. They also complained of respiratory arbitrarily arrested and detained 297 diseases and urinary tract infections, among civilians. other health problems. The use of child Between March and June, ethnically labour, forced evictions to make way for motivated attacks by militias resulted in mining projects, a lack of transparency over around 444 civilian deaths in Ituri and the how mining rights were awarded, corruption, displacement of more than 200,000 people. tax evasion and abusive transfer pricing were Most killings were carried out by fighters from widespread.2 the Lendu community, and the majority of victims were ethnic Hema and Alur residents. EXCESSIVE USE OF FORCE There were reports of inter-communal Following a ban on large public gatherings clashes in May and June between Alur and under COVID-19 restrictions, security forces Hema communities in Ituri. Clashes between used excessive force to disperse peaceful the Twa and Bantu communities in protests. On 9 July, mass protests took place Tanganyika province left at least 100 people in several cities against the appointment of dead. the new Electoral Commission President. The police responded to the largely peaceful VIOLENCE AGAINST WOMEN AND GIRLS demonstrations with excessive force, killing at There was an increase in sexual violence least one protester in Kinshasa and two against women and girls, particularly in the others in Lubumbashi city. Many more were context of the conflict in the east. In May, the injured. UNJHRO reported 79 such cases, up from 53 in April, against women who were UNLAWFUL KILLINGS attacked by armed groups. While armed Armed conflict and inter-communal violence groups were the main perpetrators, state continued in areas of South Kivu, North Kivu security forces were also accused of and Ituri provinces in the east and led to the responsibility for at least 26 cases of sexual deaths of hundreds of people. Attacks by violence against women between April and armed groups forced hundreds of thousands May.

140 Amnesty International Report 2020/21 denounce the impunity enjoyed by a senior EXTRAJUDICIAL EXECUTIONS military officer who was alleged to have Extrajudicial executions remained prevalent committed serious human rights violations in across the country. While armed groups were Kisangani between 1998 and 2002. responsible in the majority of cases, state Five community human rights defenders agents also carried out such killings, faced charges in connection with their particularly in conflict-affected areas. The criticism of a palm oil company operating in UNJHRO reported that state agents were Tshopo province. Iswetele Eswetele Mokili, responsible for extrajudicially executing at Dominique Kamatinanga Zuzi, Antoine least 225 people, including 33 women and Swimbole Lingele, Robert Esumbahele and 18 children, in the first half of the year. Franck Lwange Etiota had peacefully In July alone, there were at least 55 protested against the company after it extrajudicial executions at the hands of the violated an agreement with the community to security forces, around 11 of whom were build a school, health centre and a water women and two children. In the same period, supply before exploiting land used by the armed groups summarily executed 248 local community. They were held in poor people, including 34 women and 11 children. conditions at Kisangani Central Prison, State agents and armed group combatants 300kms from their homes, for more than six were rarely prosecuted for these and other months before being released on bail on 27 human rights violations and abuses. A lack of March. Their trial was pending at the end of funding and judicial independence continued the year. to pose major barriers to the achievement of accountability. FREEDOM OF EXPRESSION The authorities subjected media workers to HUMAN RIGHTS DEFENDERS threats, intimidation, harassment, violence, Human rights defenders and human rights arbitrary arrests and detention, and organizations continued to be targeted by the prosecution. They accused journalists and authorities as a means to prevent them from media houses of disturbing public order or carrying out their work. In July, Nobel Peace breaching professional ethics. Numerous Prize laureate received death journalists were detained on trumped-up threats via social media, phone calls and in charges. direct messages after he made demands for On 7 February, Dek'son Assani Kamango, accountability and justice for human rights a journalist with Radio Omega, was arrested crimes committed in the DRC.3 Also in July, on allegations of “insulting the Maniema the Senate President threatened to have provincial authority”. On 9 May, Christine Jean-Claude Katende, a lawyer and President Tshibuyi, a Kinshasa-based reporter, received of the African Association for the Defence of threatening phone calls after she published Human Rights, disciplined by the Kinshasa an article about attacks on journalists in Bar Association and brought to court. The Mbuji-Mayi town in Kasai Oriental province. threats were connected to the lawyer’s social The same day, a four-wheel drive vehicle of media posts in which he called for the Senate the type commonly used by the Republican President to be brought to justice on various Guard, rammed the front of her car, forcing charges. her to crash into a wall. A man who was In September, Dismas Kitenge, head of the accompanied by four security force officers Lotus Group, an NGO which documented slapped her around the face, causing her to human rights violations in Kisangani, and his bleed. She said she reported the incident to family members received death threats from the authorities but no investigation was unidentified sources. The threats came soon carried out. after he met the Minister of Human Rights, On 17 June, the Mongala provincial with whom he discussed his NGO’s plans to authorities revoked the credentials of 13

Amnesty International Report 2020/21 141 journalists, ordered the temporary closure of A new law was passed recognizing sex five radio stations, and suspended the without consent as rape. Abuse of broadcasting of several television and radio minorities increased during the national programmes deemed to be of a political COVID-19 lockdown. A discriminatory law nature. on social housing remained in place. The authorities failed to protect the rights of INDIGENOUS PEOPLES children born with variations in sex The authorities failed to honour commitments characteristics. made to the Indigenous Twa people in connection with their forced eviction from the DISCRIMINATION Kahuzi Biega National Park in the east. Since In June, the Danish Institute for Human 1975 the community had been evicted in Rights published a survey which showed that waves and had received promises that they members of minorities experienced increased would be provided with alternative land of verbal and physical abuse during the equal quality, education and employment COVID-19 lockdown between March-June. opportunities, health services and the release of members of their community who had Housing been arrested for entering the National Park. The 2018 Regulation L38 on social housing Meanwhile, negotiations between the Park continued to be in force despite authorities and Twa representatives, recommendations from 2019 by the UN concerning alternative land for the Committee on Economic, Social and Cultural community, remained stalled. Rights (CESCR) to reform the law. The In February, six Twa men, including key CESCR raised concerns about stigmatizing negotiator Chief Jean-Marie Kasula, and two categories such as “ghettos” and “hard Twa women, were found guilty of illegal ghettos” for neighbourhoods comprising activities in the Park. Their one-day trial more than 50% of residents with “non- before a military tribunal fell far short of western backgrounds”. The police had the international standards for fair trial and they power to temporarily designate these were sentenced to between one and 15 years neighbourhoods as “increased punishment in prison. Four of the eight were released on zones” in which residents and visitors could bail from prison in August. An appeal face double the criminal penalties for certain against their convictions had not been heard offences, including vandalism, assault, public at the end of the year. order offences, arson, threats and extortion. At the end of the year, the law had yet to be reformed.1 1. Democratic Republic of the Congo: Alarming research shows long lasting harm from cobalt mine abuses (Press release, 6 May) In May tenants of one of these 2. South Africa: Mining gathering must confront human rights neighbourhoods, the housing project violations (Press release, 3 February) Mjølnerparken in the capital, 3. Democratic Republic of the Congo: Concrete actions must be taken to Copenhagen, filed a lawsuit for discrimination protect Denis Mukwege after death threats (Press release, 4 against the Ministry of Transport and Housing September) in the Eastern High Court. In October, UN experts called on the government to suspend the sale of apartment houses in the area until DENMARK courts determined whether laws permitting the sale violated residents’ human rights, Kingdom of Denmark including the high risk of forced eviction in Head of state: Margrethe II violation of their right to adequate housing. Head of government:

142 Amnesty International Report 2020/21 2. Denmark: First reading of “sex without consent is rape” bill brings VIOLENCE AGAINST WOMEN AND GIRLS historic moment for women’s rights closer (Press release, 20 November) In September, the government and coalition parties put forward a cross-party agreement to introduce consent-based rape legislation. Parliament passed the proposed bill into law DOMINICAN on 17 December.2 In March, the national hotline “Live without REPUBLIC violence” saw a doubling of requests for safe spaces after the COVID-19 lockdown. In Dominican Republic April, the Ministry of Social Affairs and the Head of state and government: Luis Rodolfo Abinader Interior responded by creating 55 emergency Corona (replaced Danilo Medina in August) shelter places. The authorities carried out an estimated LESBIAN, GAY, BISEXUAL, 85,000 detentions between 20 March and TRANSGENDER AND INTERSEX (LGBTI) 30 June, for alleged non-compliance with PEOPLE the evening curfew. Abortion remained Despite specific recommendations from the criminalized in all circumstances. The CESCR in 2019, the authorities failed to authorities failed to pass the comprehensive protect the rights of children with variations in anti-discrimination legislation demanded by sex characteristics. Infants and children civil society for years. continued to be at risk of non-emergency, invasive and irreversible genital surgery or ARBITRARY DETENTION hormone treatment. In March, the authorities declared a state of emergency and imposed a curfew to try to REFUGEES AND ASYLUM-SEEKERS contain the spread of COVID-19. According In January, the European Committee for the to data published daily on Twitter by the Prevention of Torture called on the National Police, law enforcement carried out government to take steps to improve the an estimated 85,000 detentions between 20 conditions at Ellebæk, a detention centre March and 30 June for alleged non- where migrants, asylum-seekers and rejected compliance with the evening curfew. The asylum-seekers are held based on Denmark’s authorities did not respond to requests for immigration laws. At the end of the year, no information about the conditions in which substantial improvements had been made. people were held, including whether people were physically distanced in detention or had CORPORATE ACCOUNTABILITY access to a lawyer and other due process In January, the government committed to guarantees. respond to the CESCR 2019 Video evidence suggested that the police recommendation that Denmark adopt a legal used detention as a first rather than last framework requiring business entities to resort to enforce lockdowns and routinely exercise human rights in their rounded up groups of people in the back of operations. The CESCR also recommended police vans, without taking any COVID-19 that businesses be held liable for human preventive measures like physical distancing rights violations and that victims be enabled or mask wearing. to seek remedies. By year’s end, the Videos also showed the authorities government had yet to take steps to stopping or detaining people on their way to introduce the required legal framework. get food or other basic items, despite evidence from previous public health emergencies that coercive enforcement, 1. Denmark: Human rights must be ensured for all (EUR 18/3229/2020) including criminalization, can be

Amnesty International Report 2020/21 143 counterproductive and have a authorities by Amnesty International in 2019 disproportionate impact on marginalized that the police routinely raped, beat and groups. humiliated women engaged in sex work in The authorities often used tactics designed acts that may amount to torture or other ill- to humiliate people for allegedly breaking treatment. curfews, such as forced group exercise, and employed unnecessary force during SEXUAL AND REPRODUCTIVE RIGHTS detentions, a trend documented in previous The country failed to decriminalize abortion, years in reports on the arbitrary detention of including in instances where the pregnancy women sex workers and young people.1 poses a risk to the life of a pregnant woman or girl, in cases of foetal impairments or VIOLENCE AGAINST WOMEN AND GIRLS where the pregnancy is the result of rape or In the first weeks of the curfew there was a incest. significant drop in the number of reports of In February, the Inter-American gender-based violence, according to news Commission on Human Rights admitted for reports. This raised concerns that women review the case of “Esperancita”, a 16-year- were suffering violence in silence in a country old girl who died in 2012 after being denied with one of the highest rates of gender-based life-saving treatment for leukaemia because killings of women in the world, according to she was pregnant. the UN Gender Equality Observatory for Latin America and the Caribbean. Between ARBITRARY DEPRIVATION OF January and December, 130 women were NATIONALITY killed, 66 of which were femicides, according Thousands of people born to foreign parents to preliminary statistics published by the who were registered as Dominicans at birth Prosecutor General’s Office. but later unrecognized as nationals, most recently through a 2013 ruling that left tens WOMEN’S RIGHTS of thousands without nationality, remained Women facing discrimination on multiple and unable to obtain Dominican identity intersecting grounds, such as transgender documents, leaving them stateless and at risk women and low-income cisgender women, of expulsion. continued to experience discrimination in In his last week in office, former President accessing formal employment and many Danilo Medina ordered the naturalization of continued to sell sex as their primary method 750 Dominicans of Haitian descent who had of income. been stripped of their nationality, a symbolic Following the implementation of the gesture, but insufficient to resolve the evening curfew in March, many transgender country’s long-standing crisis. sex worker women were unable to work, In August, civil society organizations called which left many of them struggling to pay on President Abinader to embrace dialogue rent and without access to key social with Dominicans of Haitian descent and the protections such as a range of health organizations that accompany them to put an services, according to the NGO Transsa. end to the conditions that drive statelessness Although the authorities put in place financial and the barriers that it poses for access to assistance programmes for workers, sex health care, education and other rights. At workers faced barriers when trying to access the end of the year the President had not them, according to Transsa, which, working responded publicly. with other NGOs, was able eventually to get assistance for some transgender women. DISCRIMINATION The authorities also failed to implement a Despite accepting the recommendations national protocol for the investigation of made by the UN Human Rights Council, the torture, despite evidence presented to the authorities failed to pass the comprehensive

144 Amnesty International Report 2020/21 anti-discrimination legislation demanded by of human rights defenders, including a civil society organizations for years. protocol for the investigation of crimes committed against them. By the end of the year, no one had been brought to justice in 1. Americas: Authorities must protect people from COVID-19 instead of resorting to repressive measures (Press release, 15 May) connection with threats and attacks against Amazonian Women collective members Patricia Gualinga, Nema Grefa, Salomé Aranda and Margoth Escobar. There were ECUADOR concerns that the criminal investigations into these attacks might be archived.1 Republic of Ecuador In May, Ecuador ratified the Regional Head of state and government: Lenín Boltaire Moreno Garcés Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean Human rights defenders lacked appropriate (Escazú Agreement). protection mechanisms to safeguard their On 16 December, a judge ruled that lives and physical safety. The authorities criminal proceedings against digital human failed to ensure effective investigations into rights defender Ola Bini for “unauthorized threats and attacks against human rights access to a computer system” should defenders, particularly those working to proceed to the pre-trial stage. defend Indigenous Peoples’ rights, their territory and the environment. Ongoing INDIGENOUS PEOPLES’ RIGHTS exclusion and discrimination exacerbated Indigenous Peoples in the Ecuadorian the impact of the COVID-19 pandemic on Amazon continued to be at high risk in the the rights of Indigenous peoples. context of the pandemic due to lack of access to drinking water, food, medical BACKGROUND supplies, health services and COVID-19 tests, Ecuador reported its first case of COVID-19 in resulting from long-term inequality, exclusion February and on 11 March the Minister of and discrimination. Health declared the national health system to On 7 December, Indigenous and human be in a state of emergency. Supreme decrees rights organizations reported 3,257 and subsequent laws established quarantine confirmed cases, 50 confirmed deaths and measures, mandatory stay-at-home 54 deaths with symptoms of COVID-19 regulations, among other economic and among the Indigenous nationalities social measures to deal with the pandemic. (ethnicities) in the Ecuadorian Amazon. On 7 April Ecuadorian human rights In August, the government published a organizations drew attention to the grave protocol for the prevention and care of humanitarian situation in the city of COVID-19 in Indigenous, Afro-Ecuadorian Guayaquil after images emerged of corpses and Montubio Peoples. Indigenous and abandoned in the streets, hospitals in a state human rights organizations in the Amazon of collapse and morgues overwhelmed with stated that Indigenous Peoples had not been bodies. As of 31 December, the Ministry of adequately consulted on the protocol and it Public Health had reported 212,512 did not reflect their demands. They also confirmed COVID-19 cases and 9,473 deaths noted that Indigenous Peoples had been and a further 4,561 deaths “probably” excluded from the Emergency Operations related to the virus. Committees in charge of implementing the protocol.2 HUMAN RIGHTS DEFENDERS On 7 April an oil spill in the Amazon The authorities had yet to design and polluted the Coca and Napo rivers, affecting implement a national policy for the protection the environment, water, food and livelihoods

Amnesty International Report 2020/21 145 of nearly 120,000 people, of whom 27,000 concerns that these measures could deepen were Indigenous. On 29 April, a group of existing inequalities and lack of access to Indigenous and human rights organizations rights. filed constitutional protection proceedings and requested precautionary measures on 1. Ecuador: State must urgently adopt public policy to protect human behalf of the people affected by the oil spill. rights defenders facing grave risks (News, 12 March) On 1 September, a judge rejected the petition 2. Ecuador: COVID-19 threatens Indigenous peoples’ lives (AMR and refused precautionary measures, stating 28/2643/2020) that the petitioners had not proved a violation of rights. The petitioners claimed that there had been procedural irregularities in the case and that the judge had not respected due EGYPT process guarantees. Arab Republic of Egypt Head of state: Abdel Fattah al-Sisi SEXUAL AND REPRODUCTIVE RIGHTS Head of government: Moustafa Madbouly In August, the National Assembly approved a new Health Code which improved access to sexual and reproductive health care. In The authorities continued to punish any September, the President vetoed the Health public or perceived dissent, and severely Code, which was to be reviewed by the repressed the rights to peaceful assembly National Assembly in September 2021, in its and freedom of expression and association. entirety. Abortion remained criminalized in Tens of journalists were detained arbitrarily most cases, creating a barrier to accessing solely in relation to their work or critical health care. views. The authorities clamped down on reporting that deviated from the official REPRESSION OF DISSENT narrative on COVID-19 and detained health By the end of the year, investigations into care workers who expressed safety allegations of human rights violations and concerns. The authorities continued to abuses committed in Ecuador during the severely restrict human rights organizations’ October 2019 protests had not concluded. In and political parties’ freedom of June, the Ministry of Defence issued association. Security forces used unlawful Agreement 179, which allows the Armed force to disperse rare protests, and Forces to use lethal force against protesters, arbitrarily detained hundreds of protesters in violation of international human rights law and bystanders pending investigations into and standards. In July, the Constitutional “terrorism” and protest-related charges. Court suspended the application of the Thousands of people remained in prolonged Agreement pending its decision on its pre-trial detention, including human rights constitutionality. defenders, journalists, politicians, lawyers and social media influencers. Conditions of ECONOMIC, SOCIAL AND CULTURAL detention remained cruel and inhuman and RIGHTS prisoners were denied adequate health care, Some 25% of the Ecuadorian population was which led or contributed to at least 35 living below the national poverty line in 2020. deaths in prisons or shortly after release. In May, the government announced a series Fair trial guarantees were routinely flouted. of measures to reduce public spending, Death sentences were handed down and raising concerns about the possible negative executions were carried out. Women were impact this could have on economic and prosecuted on “morality” charges for the social rights, especially for disadvantaged way they dressed, acted or earned money individuals and groups who could be online. Dozens of workers were arbitrarily disproportionately affected. There were arrested and prosecuted for exercising their

146 Amnesty International Report 2020/21 right to strike. Residents of informal including by allowing transhipments of arms settlements were forcibly evicted. The from the United Arab Emirates (UAE). The authorities arrested and prosecuted UAE launched drone strikes in Libya on , Shi’a Muslims and others for LAAF’s behalf from the Sidi Barrani airbase in blasphemy. Security forces dispersed Egypt. protests by refugees over the killing of a Sudanese child with force and subjected FREEDOM OF ASSEMBLY them to racial slurs and beatings. The authorities responded to small and rare protests in September and October with BACKGROUND unlawful use of force, mass arrests, Between August and December, elections censorship and random security checks. were held for both of parliament Security forces used tear gas, batons, amid low voter turnout. birdshot and on at least one occasion live Every three months, the authorities ammunition to disperse protests. They also extended the state of emergency, in force raided homes in a violent manner to arrest since April 2017, thereby circumventing the suspected protesters, killing at least two men constitutional six-month limit. In May, the and injuring others.1 Hundreds of protesters emergency law was amended giving the and bystanders were arrested and detained President additional sweeping powers to pending investigations into "terrorism" and restrict public and private gatherings and protest-related charges. further expanding the jurisdiction of military courts over civilians. FREEDOM OF EXPRESSION In June, the International Monetary Fund The authorities clamped down on free approved a US$5.2 billion package to help speech offline and online. Egypt respond to the economic impact of Security forces arbitrarily arrested and COVID-19. In August, the government detained tens of media workers pending reduced the size of subsidized bread. In investigations into charges related to “misuse September, small and scattered protests took of social media”, “spreading false news” or place in several poor urban and rural "terrorism”. communities, triggered mainly by the On 24 June, security forces raided the deteriorating economic situation and office in the capital, , of the al-Manassa government threats to demolish unregistered independent news site and briefly detained buildings unless residents paid a fine based its editor-in-chief Noura Younes. on the law on reconciliation. Hundreds of news, human rights and Attacks by armed groups in North Sinai other websites remained blocked, according continued sporadically. The military to rights groups. In April, the authorities announced fatalities in its ranks in May, July blocked the Darb news site after it reported and October, and the killing of dozens of on human rights concerns. militants. According to media reports, armed The authorities clamped down on groups overran several villages in the Bir al- independent reporting on COVID-19 and Abd area in July, forcing residents to flee. warned against “spreading false news” on Some were killed by improvised explosive the pandemic. The authorities arbitrarily devices in October upon their return home. arrested at least nine health care workers Egypt remained a member of the Saudi who expressed safety concerns or criticized Arabia-led coalition in the conflict in Yemen, the government’s handling of the pandemic and in the coalition imposing sanctions on on their social media platforms and detained Qatar arising from the ongoing diplomatic them pending investigations into "terrorism"- crisis in the Gulf. Egypt supported the self- related charges and "spreading false news". declared Libyan Arab Armed Forces (LAAF), Others were subjected to threats, harassment a party to the armed conflict in Libya, and punitive administrative measures.

Amnesty International Report 2020/21 147 On 25 August, a terrorism circuit court “terrorist acts”, terrorism circuit judges sentenced the director of the Cairo Institute added politicians Zyad el-Elaimy and for Human Rights Studies, Bahey el-Din Abdelmoniem Abouelfotoh, as well as Hassan, in his absence, to 15 years’ activists Ramy Shaath and Alaa Abdelfattah imprisonment on charges of “insulting the and human rights defender Mohamed el- judiciary” and “disseminating false news” for Baqer, to Egypt’s "terrorists list" for five years tweeting about human rights violations in without any hearing or due process. Egypt. ARBITRARY DETENTIONS AND UNFAIR FREEDOM OF ASSOCIATION TRIALS The politically motivated criminal Thousands of people were detained arbitrarily investigation into the activities and funding of solely for exercising their human rights or on human rights organizations, known as Case the basis of grossly unfair trials, including 173, remained active. At least 31 staff mass and military trials. The authorities also members of civil society organizations threatened, questioned and arbitrarily continued to be banned from travelling detained family members of exiled dissidents. abroad. In July, a Cairo court rejected an In August, activist Sanaa Seif, unjustly appeal by 14 of them against their travel detained since June, was referred to trial for bans. "spreading false news," "insulting an official” In February, security forces arbitrarily and other charges relating to her speaking arrested Patrick Zaki George, a human rights out against a police officer’s complicity in an researcher at the Egyptian Initiative for assault she suffered with her mother and Personal Rights (EIPR), a human rights NGO, sister outside the Complex in full upon his arrival in Cairo from abroad. His view of security forces. lawyers said that the police subjected him to Prosecutors and judges routinely renewed electric shocks and beatings. He remained in the pre-trial detention of thousands of pre-trial detention pending investigations into suspects held pending investigations into unfounded “terrorism”-related charges. In unfounded “terrorism”-related charges, in November, security forces arrested EIPR some cases in the defendants’ absence and directors Gasser Abdel Razek, Karim without allowing lawyers to challenge the Ennarah and Mohamed Besheer and of their detention. Many were held in detained them pending investigations on pre-trial detention for periods exceeding the terrorism-related charges following a meeting maximum limit under Egyptian law of two with several western diplomats that took years. place at EIPR offices. They were released The Supreme State Security Prosecution after a global campaign, but the authorities (SSSP), a special branch of the Public froze their assets in December. Prosecution responsible for investigating Opposition politicians faced arbitrary security threats, bypassed court or detention and other harassment. In March, a prosecution release decisions after prolonged court sentenced Zyad el-Elaimy, a former pre-trial detention by issuing new detention parliamentarian and leader of an opposition orders covering similar charges. The SSSP party, to one year in prison for conducting a employed similar tactics to arbitrarily detain media interview on the human rights convicted prisoners after they had served situation. In June, a higher court upheld the their sentences. verdict. He remained imprisoned. Following amendments to counter-terrorism legislation ENFORCED DISAPPEARANCES, in February allowing the judicial authorities to TORTURE AND OTHER ILL-TREATMENT designate entities and individuals as Authorities subjected hundreds of detainees, “terrorists” on the sole basis of police including prisoners of conscience, to investigations and without the occurrence of

148 Amnesty International Report 2020/21 enforced disappearance in undisclosed deliberately to punish dissidents which may locations. have amounted to torture. At least 35 Among them was trade unionist Ahmad detainees died in prison or shortly after their Amasha, who was forcibly disappeared for 25 release, following medical complications and days following his arrest on 17 June. On 12 in some cases denial of adequate health July, the SSSP questioned him and ordered care; the authorities failed to conduct his detention pending investigations into independent or effective investigations into "terrorism"-related charges. the causes and circumstances of their Torture remained rife in formal and deaths. informal places of detention. Defendants On 13 August, senior arrested in connection with the September figure Essam El-Erian, who had been protests told prosecutors that they were detained since 2013, died in prison. He had beaten and given electric shocks by security previously complained in court about ill- forces. treatment in solitary confinement and denial Prosecutors routinely failed to order of health care. investigations into claims of torture and The authorities failed to take measures to enforced disappearance against National reduce the impact of the outbreak of Security Agency (NSA) officers. Only in rare COVID-19 in prisons and other detention cases of deaths in custody did the authorities facilities, including by failing to provide open criminal investigations. On 7 September prisoners with sanitizing products or Islam al-Australy, a poultry shop owner, died systematically testing and quarantining those at Monib police station in Giza governorate suspected of infection or attempting to two days after his arrest. The Ministry of address overcrowding. The authorities failed Interior denied claims that he had died as a to release thousands held in prolonged pre- result of torture. Security forces arrested his trial detention, proceeding only with regular relatives, neighbours and local residents annual to release thousands of protesting against his death, releasing them prisoners in non-political cases. Authorities after his family dropped their complaint. The also arbitrarily arrested and harassed Public Prosecution ordered the detention of relatives and supporters of prisoners for four low-ranking policemen pending expressing concerns over their health. investigations and released a police officer on The authorities banned prison visits bail. between March and August citing COVID-19 In December, Italian prosecutors named fears, and for the whole year for scores of four NSA officers as suspects in the detainees in political cases. Prison officials abduction, torture and killing of Italian failed to provide regular alternative means of student Giulio Regeni in 2016. communication between prisoners and their families and lawyers. RIGHT TO HEALTH – PRISON CONDITIONS DEATH PENALTY Conditions in prisons and other detention Egyptian courts, including military courts and facilities remained cruel and inhuman, with terrorism circuits of criminal courts, handed prisoners complaining of overcrowding, poor down death sentences after unfair mass ventilation, lack of hygiene and access to trials. Higher courts upheld the verdicts on sanitation facilities, and inadequate food and appeal. Executions were carried out. drinking water. Authorities tortured some In March, a criminal court handed down detainees by holding them in dire conditions death sentences against 37 men after an in prolonged and indefinite solitary unfair mass trial.2 Many of them had been confinement. forcibly disappeared for months, beaten, Authorities denied prisoners access to subjected to electric shocks or suspended for adequate health care, in some cases prolonged periods before their trials. In July,

Amnesty International Report 2020/21 149 the Court of Cassation upheld the death From April, the authorities intensified their sentence against Wael Tawadros, known as crackdown on women social media Father Isaiah, after a trial marred by torture influencers for the way they dressed, acted and enforced disappearance. and earned money on apps such as TikTok, Executions were carried out, including of prosecuting at least nine women on charges individuals convicted in grossly unfair trials, of “indecency” and "violating family marred by allegations of enforced principles and values". At least six women disappearance and the acceptance of were sentenced to prison terms ranging from “confessions” extracted under torture as two to six years.3 evidence. In October and November alone, Egypt executed almost double the number of WORKERS’ RIGHTS those executed in all of 2019. Following the COVID-19 outbreak, tens of thousands of private sector workers were SEXUAL AND GENDER-BASED dismissed, forced to accept reduced wages, DISCRIMINATION AND VIOLENCE work without protective equipment or take Women and girls continued to face open-ended unpaid leave. The authorities discrimination in law and practice. failed to provide workers who lost their In response to public campaigning against livelihoods as a result of the economic impact impunity for sexual violence, the authorities of COVID-19 with sufficient social protection arrested several men suspected of rape. measures, including . However, they failed to guarantee the The authorities arbitrarily detained tens of protection of survivors and witnesses, and workers and trade unionists solely for neither prevented nor adequately investigated exercising their right to strike and protest widespread violence against women and peacefully. girls. Authorities also carried out reprisals In September, security forces arrested at against a rape survivor and others who least 41 workers at a state-owned textile reported sexual violence. company in Shebin al-Kom city who were In August, authorities arbitrarily detained protesting for their outstanding dues. All were and opened criminal investigations against released 10 days later. four people who came forward as witnesses A June verdict by the Court of Cassation in a case concerning a gang rape at a Cairo sanctioned the dismissal of workers at state- hotel in 2014, over charges related to owned companies who had been convicted “morality” and “misuse of social media”, of protest-related charges, even if acquitted among others. Two men also arrested in by higher courts. connection with the case, other than the rape suspects, faced “debauchery” charges, RIGHT TO HOUSING AND FORCED frequently used in Egypt to prosecute same- EVICTIONS sex sexual relations. Authorities subjected the The authorities carried out forced evictions in two to forced anal examinations, an act informal settlements and arbitrarily arrested amounting to torture. The case against the six dozens of people for protesting against people was primarily based on private videos threatened house demolitions. and photographs of an intimate nature. On 18 July, security forces used force to On 5 September, the Code of Criminal disperse a protest by residents of Ma'awa el- Procedures was amended to prohibit Sayadeen in against the prosecutors and law enforcement officials demolitions of their homes, and arrested from revealing the identities of survivors of about 65 protesters. At least 42 men were sexual violence; it did not stipulate penalties detained pending investigations into charges for breaches of confidentiality or contain of “participating in unauthorized protests” provisions to protect witnesses and others and “attacking public employees” for up to reporting sexual violence. five months. All were released later.

150 Amnesty International Report 2020/21 FREEDOM OF RELIGION AND BELIEF EL SALVADOR The authorities continued to discriminate against Christians in law and practice. Their Republic of El Salvador right to build or repair churches remained Head of state and government: Nayib Armando Bukele restricted by a 2016 law requiring approval Ortez from security agencies and other state bodies. According to the EIPR, such bodies Thousands of people were detained in had granted full legal registration to fewer quarantine centres for alleged violations of than 200 churches out of a total of 5,540 a mandatory quarantine imposed in the applications since 2016, while only 1,412 context of the COVID-19 pandemic. There churches received preliminary, conditional were reports of precarious and insanitary approvals. conditions in these centres, as well as Members of Muslim minorities, atheists, arbitrary detentions and excessive use of Christians and others were prosecuted and force. The President made public imprisoned for blasphemy or for "terrorism"- statements stigmatizing journalists and related charges. In June, two Shi’a men were human rights organizations. The rights of sentenced to one year’s imprisonment for the victims of crimes under international practising their faith. In August, security law and of human rights violations during forces arrested Quranist writer and blogger the internal armed conflict remained under Reda Abdel-Rahman and forcibly threat. Restrictions and attacks on freedom disappeared him for 22 days, apparently in of the press and limited access to official retaliation for the religious and political information were reported throughout the writings of his exiled relative. He remained in year. The total ban on abortion remained in pre-trial detention. place. RIGHTS OF REFUGEES AND MIGRANTS BACKGROUND The authorities continued to arbitrarily arrest In February, the Council of Ministers held an and detain refugees and migrants. Between extraordinary session of the Legislative January and September, security forces Assembly accompanied by a security forces arrested and detained at least 14 Syrians, 29 deployment with reports of snipers stationed Sudanese people and one Guinean person in in the vicinity and restrictions on press police stations in southern Egypt for freedom.1 irregularly entering or staying in Egypt. In April, the President publicly rejected In November, security forces violently rulings of the Constitutional Chamber of the dispersed two peaceful protests by Sudanese Supreme Court.2 In August, an investigation refugees and migrants over the murder of a by the media revealed that President Sudanese child. Security forces arrested Bukele’s administration might have dozens of protesters and subjected them to negotiated with a local gang to reduce crime beatings, racial slurs and other ill-treatment. rates. No detailed information was made public about the content of the Territorial Control 1. Egypt: Rare protests met with unlawful force and mass arrests (Press release, 2 October) Plan, which sets out the country’s national 2. Egypt: Death sentences against 37 convicted of terrorism after unfair security policy. Local organizations expressed trial (Press release, 2 March) concern about the continuing repressive and 3. Egypt: Survivors of sexual violence and online abuse among militarized approach to public security. prosecuted women TikTok influencers (Press release, 13 August) RIGHT TO HEALTH According to official figures, more than 2,000 people were detained in quarantine centres

Amnesty International Report 2020/21 151 for alleged violations of the mandatory Chamber that they were detained solely for national quarantine imposed in late March, leaving their houses to buy food or medicine. some for up to 40 days. Conditions in these centres fell short of minimum standards for EXCESSIVE USE OF FORCE sanitary conditions and physical distancing, The PDDH received hundreds of complaints putting those held at unnecessary risk of of human rights violations by the security COVID-19 infection.3 forces, including reports of excessive use of Between 13 March and 27 May, the force and ill-treatment, in the context of Supreme Court received 330 habeas corpus enforcing the quarantine. and 61 amparos (requests for In March, a 17-year-old boy reported that judicial protection) in the context of the the police detained him as he was leaving COVID-19 pandemic. In many of these cases, work on a plantation. He and his family people alleged that conditions in the stated that the police beat him and took him quarantine centres were inadequate, lacked to a detention centre, where he was held with cleaning materials and drinkable water, and adults for almost three days before being that people were unable to access released without charge. medication for chronic illnesses. El Salvador’s In another case, a young man reported Ombudsperson Office (PDDH) identified at that when he went out to buy food and fuel least 44 cases of people deprived of their after being paid, a police officer detained liberty in the context of the quarantine him, beat him and shot him twice in the between March and May who had underlying legs.5 medical conditions. In April, a human rights defender who has HUMAN RIGHTS DEFENDERS diabetes was detained when she went out to Throughout the year, the President issued buy food and medicine for her three-year-old public statements vilifying civil society child. She spent more than a month in a groups, including journalists and human quarantine centre with poor conditions, rights organizations, and stigmatizing those which could have increased her exposure to seeking greater government transparency COVID-19. and accountability. That same month, while cases of health In June, human rights organizations workers infected with COVID-19 and a lack of reported that, following the introduction of the adequate equipment were being reported, measures to tackle COVID-19, attacks on the President vetoed Decree 620. The local organizations and women human rights Decree, which aimed to guarantee health defenders increased significantly, particularly insurance and biosafety equipment to health through digital media. Organizations also workers, was later declared constitutional by reported an increase in government the Constitutional Chamber. statements that put human rights defenders As of late July, at least 104 health workers at risk.6 had died from COVID-19.4 The Legislative Assembly failed to approve the Law for the Recognition and ARBITRARY DETENTION Comprehensive Protection of Human Rights Hundreds of people detained for alleged Defenders and for the Guarantee of the Right quarantine violations were taken to to Defend Human Rights; the bill had been government quarantine centres or police presented before the Assembly in 2018. stations, as if they had committed a crime. In that context, the Constitutional Chamber of RIGHT TO TRUTH, JUSTICE AND the Supreme Court ruled that the authorities REPARATION had no legal basis for holding people in these In February, the Legislative Assembly centres as a form of punishment. Some approved a decree containing the Special detainees stated in their appeals before the Law on Transitional Justice, Reparation and

152 Amnesty International Report 2020/21 Reconciliation. This contains provisions that hinder the investigation and effective EQUATORIAL punishment of those responsible for crimes under international law. The President vetoed the decree later that month.7 However, the GUINEA government failed to make public information Republic of Equatorial Guinea related to military operations during the Head of state: Teodoro Obiang Nguema Mbasogo internal armed conflict (1980-1992) and Head of government: Francisco Pascual Obama Asue denied judicial access to military operation files related to the 1981 El Mozote massacre. In September, a Spanish court convicted a The crackdown on human rights defenders former Salvadoran colonel and former continued and administrative obstacles defence minister for the murder of five Jesuit prevented NGOs from obtaining legal priests in 1989, during the armed conflict.8 registration. The right to a fair trial was violated. Police used excessive force and WOMEN’S RIGHTS the right to freedom of expression, The total ban on abortion remained in place including access to information, was and until June at least 18 women remained violated in the context of the COVID-19 in jail on charges related to obstetric pandemic. Draft legislation threatened to emergencies. discriminate against lesbian, gay, bisexual, transgender and intersex (LGBTI) people and sex workers. 1. El Salvador: Deployment of security forces in the Legislative Assembly raises alarm over the future of human rights (Press release, 9 February) BACKGROUND 2. El Salvador: Open letter to President Nayib Bukele regarding The government planned to organize measures taken for COVID-19 (Open letter, 30 April) international events to attract foreign 3. When protection becomes repression: Mandatory quarantines under investment and signed new mining contracts COVID-19 in the Americas (AMR 01/2991/2020) with foreign companies. Corruption and 4. Global: Amnesty analysis reveals over 7,000 health workers have died embezzlement continued to hit the headlines. from COVID-19 (Press release, 3 September) In February, the Appeal Court of Paris upheld 5. El Salvador: Repression and broken promises, the new face of the a three-year suspended sentence and a €30 country after one year of President Bukele's government (Press million fine against Vice-President Teodoro release, 1 June) Obiang Nguema Mangue, the President’s 6. Las medidas del gobierno ante la covid-19 han propiciado un entorno violento y hostil para las defensoras de derechos humanos (AMR son, for embezzlement. 29/2560/2020, Spanish only) In March, the government responded to 7. El Salvador: Las autoridades deben garantizar justicia, verdad y the COVID-19 pandemic by declaring a state reparación para las víctimas del conflicto armado (AMR of emergency on health grounds which 29/1930/2019, Spanish only) included rights-restricting provisions. Some 8. El Salvador: Conviction of one of those responsible for the murder of restrictions were lifted on 15 June. Jesuit priests must break the chain of impunity (Press release, 11 The government resigned in August, September) acknowledging its responsibility for the economic crisis which was aggravated by the pandemic. A new government took over. FREEDOM OF EXPRESSION The authorities violated the right to freedom of expression, including access to information, in the context of the COVID-19 pandemic. In May, the government stopped publishing the numbers of COVID-19 cases,

Amnesty International Report 2020/21 153 arguing that the information had been used for several months until they were reported to by its critics to discredit its public health be in Black Beach Prison and then work. transferred to Mongomo Prison on the Later in May, the Ministry of Foreign Affairs mainland. The Spanish nationals were denied asked the World Health Organization to access to their embassy representatives. withdraw its representative and make sure she left the capital, Malabo, immediately after HUMAN RIGHTS DEFENDERS the government accused her of “falsifying the Freedom of association data” on COVID-19 infections. The authorities continued to place obstacles On 15 April, Nuria Obono Ndong Andeme, in the way of NGOs seeking to register their a nurse, was summoned by the Minister of organizations. In 2019, the government had Health about a WhatsApp message she had accepted recommendations during the UN sent to a friend which went viral. She had Universal Periodic Review process to reform complained about the lack of oxygen in Law 1/1999 which regulates NGO Malabo’s Sampaka Hospital. The day after, registration, but failed to modify the law. she appeared before a judge who put her in In June, Somos+, a civil society platform, pretrial detention in Black Beach Prison, in submitted an application for legal registration Malabo. She was released without charge on to the Ministry of the Interior and Local 21 April. Corporations. Several days later, they were According to Reporters without Borders, notified by this body that their application seven journalists who worked for the TV should be validated by the General Direction channel, Asonga, were suspended in May of Human Rights, although such validation is after they publicly criticized the use of not required by law. In August, Somos+ violence by the defence and security forces representatives met with the Interior Minister to impose the COVID-19 pandemic lockdown. who interviewed them about their activities and reminded them that they needed to EXCESSIVE USE OF FORCE register before they carried out any activities. In April, people regularly posted videos on social media which showed the police using Arbitrary arrests and detentions violence against people while enforcing the In February, Joaquín Elo Ayeto, a Somos+ lockdown. Many of those attacked were street member, was released without explanation sellers, particularly women, whose stalls were from Black Beach Prison where he had been destroyed. held for almost one year following his arbitrary arrest in February 2019. Although RIGHT TO A FAIR TRIAL he was tried in 2019 for defamation and In March, a military court in Oveng Asem (a threats against the President, he was not city on the mainland) convicted 10 men in given any information about his sentence. He connection with membership of the was released on the President’s orders after Movement for the Liberation of Equatorial the President met the Secretary General of Guinea Third Republic (MLGE3R), an the opposition Convergence for Social opposition group. They were sentenced Democracy Party. following a trial held behind closed doors to a total of 734 years’ imprisonment for treason, DISCRIMINATION verbal abuse/insult against the head of state, Draft legislation regulating sex work and and espionage. Four of them – two Spanish LGBTI rights remained under consultation at nationals of Equatorial Guinean origin and the ministerial level. Although the draft would two Equatorial Guineans resident in Spain – prohibit some forms of discrimination, it had been abducted in South Sudan and included a provision to safeguard the “moral transferred to Equatorial Guinea in November integrity of the social majority”, implicitly 2019. Their whereabouts remained unknown perpetuating discrimination against LGBTI

154 Amnesty International Report 2020/21 people and sex workers, and included a ban capital in 2018. No charges had on gay pride events. The draft legislation also been brought against him by the end of the included a provision requiring the year. He was arrested after he had published government to establish a “social a book calling for democratic reform and was reintegration” policy for LGBTI people who subjected to enforced disappearance. voluntarily abandoned their homosexuality. RIGHT TO HEALTH Prisons and detention centres Prisons and detention centres remained ERITREA chronically overcrowded with unsanitary 1 State of Eritrea living conditions. Adi Abeto prison, north of Head of state and government: Asmara, held about 2,500 inmates despite having capacity for only 800. The Mai Serwa Asmara Flowers detention camp near The whereabouts of government critics and Asmara, where many Jehovah’s Witnesses pro-democracy leaders who had been were held, had no toilets for an estimated arbitrarily detained since 2001 remained 700 detainees, and men and women inmates unknown. The authorities continued to had to relieve themselves in the open. The violate the rights to freedom of expression, Mai Serwa Maximum Security prison, close to religion and freedom of movement. Asmara, had only 20 toilets for 500 Prisoners were denied their rights to health. detainees. Thousands continued to flee abroad as the Prisons and detention facilities did not repression and indefinite military provide detainees with adequate water, food conscription continued, even after Eritrea and hygiene products such as soap. Many restored relations with its former arch- detainees in Mai Serwa Maximum Security enemy Ethiopia. prison, Mai Serwa Asmara Flowers detention facility and the all-male Ala prison, near FREEDOM OF EXPRESSION Asmara, relied on their families for There continued to be no independent press supplementing the meagre food that was since the authorities banned all non-state provided to them. On 2 April, the authorities media in 2001. In 2020, the Committee to imposed a lockdown on prisons to prevent Protect Journalists found Eritrea was the the spread of COVID-19 and other diseases. most censored country in the world and had No visitors were allowed in, cutting off more journalists in prison than any other necessary supplies from relatives, and country. putting detainees at even greater risk of malnutrition and disease. ARBITRARY DETENTION AND ENFORCED DISAPPEARANCES FORCED LABOUR Hundreds of politicians, religious leaders, Conscripts to the mandatary national service journalists and other government critics – programme continued to be forced to serve some held for more than a decade without for indefinite periods extending far beyond charge or trial – remained in arbitrary the legal limit of 18 months. There was no detention and continued to be denied access provision for conscientious objection and to their families and lawyers. The thousands remained in open-ended whereabouts and fate of 11 high-profile conscription, many of them having already politicians and 17 journalists who criticized served for decades. The government President Afwerki’s rule in 2001 remained continued to send final-year high-school unknown at the end of the year. students to Sawa Defence Training Centre Former Finance Minister Berhane Abrehe and made no commitment to release them remained in prison since his arrest in the

Amnesty International Report 2020/21 155 from national service after they had served 18 months. ESTONIA Conscripts earned ERN800 (approximately US$53) a month which was not enough to Republic of Estonia cover basic needs. The government used Head of state: them to work on infrastructure projects such Head of government: Jüri Ratas as irrigation, roads and agriculture. Working conditions could be degrading and The number of stateless individuals inhumane, and in some cases amounted to remained high; ethnic minorities continued torture. to face discrimination. Legislative At the Mai Serwa Asmara Flowers developments to improve LGBTI rights detention facility, which in reality is a forced slowed. A government minister attempted to labour camp, Jehovah’s Witnesses and other limit funding to NGOs working on equality detainees were forced to work on the nearby and gender issues. flower farms. BACKGROUND FREEDOM OF MOVEMENT In March, the government invoked Article 15 The right to leave the country remained of the European Convention on Human severely restricted and people were Rights, enabling partial restriction of several prevented from travelling abroad without freedoms, including freedom of assembly, for government permission. the two-month emergency period in connection with the COVID-19 pandemic. REFUGEES AND ASYLUM-SEEKERS In May, amendments to the Aliens Act Thousands of Eritreans continued to flee the gave police and border guards the right to country, primarily to avoid indefinite national annul the visa or visa-free period of all non- service, and sought asylum in other Estonian nationals if they had lost countries. According to UNHCR, the UN employment, including as a result of refugee agency, 9,463 asylum-seekers from COVID-19. Eritrea crossed the border into Ethiopia Five of the 15 ministerial posts in during the first quarter of the year. After April, government continued to be held by the there was a marked reduction in the number Conservative People’s Party of Estonia (EKRE) of new arrivals in Ethiopia, due to COVID-19 who spoke out against immigration and restrictions on the movement of people. LGBTI rights. Eritrean refugees and asylum-seekers continued to face serious human rights DISCRIMINATION abuses as they made their way to Europe, In January, Parliament amended the including in transit countries, particularly Citizenship Act, easing children’s access to Libya, where many were subjected to citizenship in cases where at least one of detention, abduction, sexual abuse, and their parents was effectively stateless and the torture and other ill-treatment. other a citizen of another country. Consequently, 1,500 minors were granted citizenship. However, some 71,000 people, 1. Eritrea: Detainees in overcrowded and unsanitary conditions defenceless against COVID-19 (Press release, 21 May) approximately 5.3% of the population, remained stateless. The European Commission noted that Estonia’s citizenship policy “continued to be conservative”. Non-Estonian speaking minorities, albeit with residency rights, continued to face discrimination in a range of areas, including employment, housing, education and health

156 Amnesty International Report 2020/21 care. Studies found they experienced greater financial hardship as a consequence of the FORCED EVICTIONS COVID-19 lockdown than the Estonian- The lack of land policy or land act continued speaking majority. to disadvantage people who faced forced evictions. Hundreds of families in the Manzini HUMAN RIGHTS DEFENDERS region were threatened with eviction when In July, the Minister of Trade, a post held by landowners took steps to regain their the EKRE, attempted to halt grants to three farmland. The Human Rights Commission human rights organizations working on had intervened and was negotiating with the gender and equality issues: the Estonian landowner in the case of over 100 people Women's Associations Roundtable, the facing evictions in Sigombeni. If due process Estonian Women's Studies and Resource requirements are not followed and adequate Centre, and the Estonian Human Rights compensation is not provided, this could Centre. result in a forced eviction. In July, an appeal by the Council of Eswatini Churches to the LESBIAN, GAY, BISEXUAL, Ministry of Resources and Energy TRANSGENDER AND INTERSEX (LGBTI) successfully averted the eviction of 45 PEOPLE families, including 38 children, from their Parliament failed to pass legislation to land in Mbondzela, Shiselweni. implement the 2016 Registered Partnership Local authorities in the Mangwaneni Act. A regulation to legitimize gender of the capital, Mbabane, recognition of transgender people was demolished one homestead in February and removed from the new Public Health Act three in August, resulting in the forced draft. LGBTI organizations continued to face eviction of 17 people in households headed explicit threats from far-right groups. by older people. After a resident was injured by a rubber bullet fired by police during clashes in the August demolition, the Ministry of Housing and Urban Development halted ESWATINI the demolitions while the local traditional Kingdom of Eswatini authorities worked to resolve the matter. Head of state: Mswati III However, most of the affected residents were Head of government: Ambrose Mandvulo too poor to rebuild or repair their structures and the municipality banned them from Hundreds of families were threatened with doing so. forced eviction. LGBTI people were subjected to discrimination and RIGHTS OF LESBIAN, GAY, BISEXUAL, harassment. A man was charged with TRANSGENDER AND INTERSEX (LGBTI) marital rape for the first time. Repressive PEOPLE legislation was used to silence peaceful LGBTI people were discriminated against, dissent and journalists faced arbitrary harassed and stigmatized. Consensual same- detention, torture and other ill-treatment, sex relations remained a criminal offence. and prosecution. In July, the Eswatini Sexual and Gender Minorities advocacy group challenged the BACKGROUND Minister of Commerce and Industries’ In March, the Prime Minister declared a two- decision to reject its application for month state of emergency to control the registration. The case was adjourned twice spread of the COVID-19 pandemic. There before being heard in October at the High were reports that security forces harassed Court in Mbabane, although a judgment was people when they went out for food or to seek not issued by the year’s end. medical attention.

Amnesty International Report 2020/21 157 The Eswatini Communications Commission VIOLENCE AGAINST WOMEN AND GIRLS rejected applications for short-term In January, Nhlanhla Dlamini became the community broadcasting licences from the first person to be charged with marital rape Swaziland Community Multimedia Network under the 2018 Sexual Offences and on behalf of Shiselweni Community Radio Domestic Violence Act. In the same month, and Lubombo Community Radio. It had his case went before the High Court which applied for licences to allow the radio stations granted him bail. to broadcast information which would raise Under COVID-19 measures, the work of public awareness about COVID-19. The civil society groups was classified as non- applications were rejected in line with the essential, thereby denying survivors of Broadcasting Guidelines, which stated that violence access to vital support services. In two licences could not be issued to one April, the government allowed such entity, and because there was reduced staff organizations to continue their work following capacity to process applications during the pressure from the Swaziland Action Group partial lockdown. Against Abuse and other NGOs. The Computer Crime and Cybercrime Bill, which was yet to be brought before FREEDOMS OF EXPRESSION AND Parliament, contained provisions to impose ASSOCIATION 10-year prison sentences and hefty fines on In May, Goodwill Sibiya was released and all online news sites journalists deemed to have charges against him dropped after he spent published “fake news”. one year in prison for saying the King should be charged with embezzlement and human rights violations. He had also been charged with terrorism and sedition in connection with ETHIOPIA his association with the People’s United Federal Democratic Republic of Ethiopia Democratic Movement Party. Head of state: Sahle-Work Zewde Head of government: Abiy Journalists The government used draconian legislation, Security forces used excessive, and including the Suppression of Terrorism Act sometimes lethal, force and carried out and the Sedition and Subversive Activities extrajudicial executions. Hundreds of Act, to silence media. Journalists were people were killed and property destroyed in subjected to arbitrary arrest, and torture and ethnically motivated violence by armed other ill-treatment. groups and militias. Opposition members In February, Zweli Martin Dlamini, editor of and journalists were subjected to arbitrary the Swaziland News, was arrested at his arrests and detention. home in Mbabane for publishing articles which criticized the King. He said he was BACKGROUND tortured in the Mbabane police headquarters, Recurrent unrest and violence led to including by having a plastic bag put over his increased political polarization along ethnic head. He was released without charge six lines, and largely prevented the realization of hours later and fled to South Africa the political and human rights reforms initiated in following day. In April, police raided his home 2018. and arrested his wife, Nompendulo The conflict in the Tigray Region, which Nokuthula Mkhonta. While in police custody began on 4 November, pitted the Ethiopian in Mbabane, she was tortured under federal government against the Tigray interrogation and released three hours later regional government. From the beginning of without charge. the conflict, there were armed confrontations between the federal army, supported by the

158 Amnesty International Report 2020/21 Amhara Region’s special (paramilitary) police they beat them again and forced them to do units and local militias on one side, and the laps around the stadium on their knees.2 Tigray special (paramilitary) police units and local militias on the other. ARBITRARY ARRESTS AND DETENTIONS The authorities subjected opposition EXTRAJUDICIAL EXECUTIONS politicians and journalists to prolonged pre- Security forces responded to protests and trial detention without charge, many of them civil unrest with excessive and, at times, for several months. Although courts lethal force. Between 9 and 11 August, they increasingly asserted their independence in killed at least 16 people, including two granting bail to some opposition politicians, bystanders, during protests in Wolaita zone in police frequently defied these orders. the Southern Nations, Nationalities and In January, police arrested at least 75 OLF People’s Region (SNNPR). Demonstrators, supporters in Oromia Region. Most of them who had taken to the streets to protest at the were held without charge and not brought arrests of over 20 Wolaita zone administration before a judge for several months. They officials, community leaders and activists in included Chaltu Takele, a prominent political the area, were shot at and beaten by security activist, who was released in February but re- forces.1 arrested in early July and accused of organizing the violence which followed the FREEDOMS OF EXPRESSION AND killing of Oromo musician Hachalu Hundessa ASSEMBLY (see below, Unlawful killings). She was In January, the government adopted a new released on bail in August on charges of anti-terrorism law. Although it contained organizing violence. some provisions which could better protect In February, security officers arrested five the rights of those detained or prosecuted for senior OLF members and four supporters in alleged terrorism offences, other provisions the capital, Addis Ababa. Eight of them were restricted the right to freedom of expression. released within 24 hours. The Hate Speech and Disinformation Two Oromia News Network journalists and Proclamation, adopted by the Federal three OLF officials were arrested by police in Parliament in March, criminalized people for March and charged in connection with exercising their right to freedom of photographing the Burayu police station, and expression. traffic offences. Although the Prosecutor later Security forces used violence to repress dropped the charges on grounds that the the right to freedom of assembly. allegations did not relate to criminal acts, the On 15 February, Liyu police raided an police continued to detain them, claiming inauguration event by the Oromo Liberation that their identity documents were irregular. Front (OLF) opposition party at its office in Four of them were released in May without Welenchiti town in Oromia region. They fired charge, but one of them, Batir Fille, remained live ammunition and tear gas at participants, in detention in Yabelo without charge at the killed one OLF supporter and beat others. end of the year. They shot holes into the tyres of the Oromia News Network crew’s van, later confiscating UNFAIR TRIALS their equipment. In October, the government tabled the draft Later that day, Liyu police violently Criminal Procedure and Evidence Code to dispersed OLF supporters from a launch replace the 1962 Criminal Procedure Code. It party at a hotel in Burayu town, killing one was intended to address long-standing fair person and injuring scores more. They forced trial concerns, but contained some provisions around 30 of them into a police van and which did not meet international fair trial drove them to the Burayu stadium, where standards.

Amnesty International Report 2020/21 159 dead bodies with gaping wounds that UNLAWFUL KILLINGS appeared to have been inflicted by weapons Hundreds of people were killed in such as knives and machetes. Survivors of widespread ethnic violence and attacks by the attack also reported that local youth and armed groups. security officers loyal to the Tigray regional Between 30 June and 1 July, 166 people government had carried out the attack. were killed in violence which erupted in the Oromia Region after the killing of Hachalu FORCED EVICTIONS Hundessa, a popular Oromo musician, on 29 In mid-February, the Addis Ababa municipal June. His killing sparked mass protests and authorities demolished dozens of homes, violence in Addis Ababa and various areas of making at least 1,000 people homeless, Oromia, and Dire Dawa. Organized during the COVID-19 pandemic. The youth targeted ethnic and religious minorities, inhabitants said they had built their homes including Orthodox Christians, at least 40 of on land they bought in 2007, but the whom were killed in various towns in the authorities insisted the families were region and their properties set alight. In squatters who had not purchased the land several Oromia cities, protesters clashed with from the Addis Ababa municipality. The security forces, who used live ammunition to families were not given prior notice of, or disperse them, resulting in over 100 deaths. consulted about, the evictions. Most of them Federal Police officials said that at least 10 relied on the informal economy to make a people, including two police officers, were living and had lost their livelihoods due to also killed in grenade attacks and shootings COVID-19 measures which limited in Addis Ababa on 30 June. Around 5,000 employment opportunities. people, including opposition party leaders Following the demolitions, the residents suspected of involvement in the unlawful tried to build temporary shelters from canvas killings and destruction of property, were and tarpaulin, but on 14 April these were also arrested. In September, the Attorney General pulled down by the authorities and the Office brought terrorism charges against materials confiscated by the police. As a opposition party leaders Jawar Mohammed, result, the families were forced to sleep in the Bekele Gerba and Eskinder Nega. In October, open during periods of heavy rain. four people suspected of being responsible for Hachalu Hundessa’s killing were arrested RIGHT TO TRUTH, JUSTICE AND and charged with terrorism and homicide. REPARATION In September, armed groups which, The authorities provided no information as to according to regional police, belonged to the what measures they had taken to locate and Benishangul People’s Liberation Front, rescue 17 Amhara students abducted in carried out a series of attacks on ethnic November 2019 from Dembi Dolo University Amhara and Agew residents in Metekel zone in western Oromia by unidentified people. in the Benishangul-Gumuz Region, killing at Their whereabouts remained unknown at the least 45 people and displacing thousands. end of the year.5 Between 18 and 21 October, at least 31 The government took some steps towards ethnic Amhara residents from the Guraferda ensuring accountability for atrocities and district in the SNNPR were killed by armed grave human rights violations carried out assailants, and around 1,500 of them were since 1991, including extrajudicial displaced.3 executions, torture and other ill-treatment, On 9 November, local militias and youth and mass and arbitrary arrests. These stabbed and hacked to death scores, and measures offered little hope that victims likely hundreds, of ethnic Amhara residents would see justice for crimes, including in Mai-Kadra in the western part of the Tigray killings, torture and other ill-treatment, and Region.4 Witnesses reported that they saw excessive use of force, carried out by security

160 Amnesty International Report 2020/21 forces, including the Ethiopian National Defence Force, the Federal Police and FREEDOM OF EXPRESSION AND regional police special force units. PEACEFUL ASSEMBLY Fiji reported its first COVID-19 cases in late March and suppressed the spread of the 1. Ethiopia: Stop the use of deadly force on protesters (Press release, 14 August) virus by relying on restrictions on free 2. Ethiopia: Vendor killed, musician injured after police attack movement and public gatherings, enforced 2 opposition supporters in Oromia (Press release, 17 February) by arrests and hefty fines. 3. Ethiopia: Authorities ban protests as “illegal and Authorities threatened to charge protesters unnecessary” (Press release, 27 October) at the University of the South Pacific after the 4. Ethiopia: Investigation reveals evidence that scores of civilians were Vice was suspended for exposing killed in massacre in Tigray state (Press release, 12 November) corruption and misuse of funds.3 He was 5. Ethiopia: Parents fear for missing Amhara students as universities later reinstated by the regional university’s close over COVID-19 (Press release, 25 March) executive council. In June, trade union leader Felix Anthony was charged and appeared in court under FIJI the Public Order Act for statements made in support of workers’ rights. Republic of Fiji Head of state: Jioji Konrote TORTURE AND OTHER ILL-TREATMENT Head of government: Josaia Vorenqe ‘Frank’ In January, Fiji notified the UN of its decision Bainimarama to withdraw the reservation made upon ratification of the Convention Against Torture The authorities continued to stifle criticism in respect to the definition of torture. and restrict the right to freedom of Reservations remained in place in relation to expression. New allegations of torture and recognizing the right to compensation and other ill-treatment by the security forces the Committee Against Torture receiving surfaced throughout the year. Some cases complaints. Widespread immunities resulted in disciplinary actions and charges continued to exist under national laws. against officers involved. Women and girls In June, four police officers were charged continued to experience high rates of with causing grievous bodily harm for gender-based violence. Fiji's response to the allegedly throwing a man off a bridge in COVID-19 pandemic failed to protect or Tailevu in April, with a fifth officer charged for offer targeted financial support to women interference with witnesses. and those working in informal sectors, Four former prison officers claimed in May increasing the risks of poverty and financial that the Prisons Commissioner directed or hardship for already marginalized ordered the torture and other ill-treatment of individuals. prisoners, including beatings, sleep deprivation and isolation. There was no BACKGROUND investigation into these allegations by year’s The adoption of Fiji’s UPR outcome in March end. exposed gaps in human rights protection, including the need to pass a comprehensive VIOLENCE AGAINST WOMEN AND GIRLS anti-discrimination law, protect the right to Women and girls continue to experience high freedom of expression, and take further rates of gender-based violence. The action to address gender inequality.1 Fiji authorities failed to take such crimes continued to be particularly vulnerable to seriously. adverse impacts of climate change, including A former national team rugby player rising sea-levels. convicted for rape and sentenced to eight years in prison in October 2019 was granted

Amnesty International Report 2020/21 161 permission to participate in rugby training in unannounced on a man who refused to lie July while serving his sentence. Women’s down in 2015. Also in February, a district rights organizations condemned the lack of court convicted a police officer for the accountability and transparency and called violation of official duties in 2018 when using for an independent investigation. a on an intoxicated woman. In September, a police officer was convicted of aggravated assault and breaching official 1. Fiji: Address gaps in human rights protection before next review (ASA 18/1993/2020) duties for using excessive force on a 2. Pacific countries must not use COVID-19 to regress on human rights handcuffed man, who had to be resuscitated, (ASA 05/2144/2020) in police detention in 2019. 3. Fiji: Stop harassing peaceful protesters at the University of the South Pacific (ASA 18/2551/2020) LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PEOPLE In February, a working group published its FINLAND proposal to reform legislation to increase the Republic of Finland protection of the rights of those seeking legal Head of state: Sauli Niinistö gender recognition. Head of government: VIOLENCE AGAINST WOMEN AND GIRLS Refugee family reunification remained In February, June and December, new Sexual difficult due to legislative and practical Assault Support Centres opened in Oulu, Pori obstacles. Intimate partner violence against and Rovaniemi. women increased during the COVID-19 In July, a working group published its pandemic. Many social security benefits recommendations aimed at aligning rape remained inadequate. legislation with international standards. Between January and June, under REFUGEES AND ASYLUM-SEEKERS COVID-19 restrictions, reports of intimate In March, the Non-Discrimination partner violence against women and the Ombudsman published a family reunification number of individuals seeking support study on children who were granted increased significantly. international protection. In almost half of the In October, a government programme 66 cases, the justifications for denying combatting violence against women was reunification were severely restrictive and the launched. process, and outcomes, put children’s rights at risk. Legislative and practical obstacles, RIGHT TO PRIVACY including high income requirements, In June, the Intelligence Ombudsman continued to impede family reunification. submitted its first annual report. It noted that Finland continued to detain some public oversight of the use of surveillance unaccompanied children, and families with was complicated due to the lack of detail in children, based on their immigration status. the applications presented to the court as Legal changes introduced in 2016 and 2019 well as in the surveillance decisions made by continued to place asylum-seekers at risk of the authorities. refoulement (return to a country where there is real risk of persecution). CONSCIENTIOUS OBJECTORS By the end of the year, 33 conscientious EXCESSIVE USE OF FORCE objectors who had been acquitted by the In February, the Supreme Court upheld the courts had refused non-military service for conviction of a police officer for excessive use the second time. At least 19 of them were of force. The officer had used a Taser subsequently convicted and given custodial

162 Amnesty International Report 2020/21 sentences of up to nearly six months which, response to tackling climate change was in most cases, meant electronic monitoring. inadequate. The length of the civilian alternative to military service remained punitive and BACKGROUND discriminatory, at more than double the To combat the pandemic, on 17 March, the shortest period of military service. authorities introduced measures severely restricting human rights, including the rights RIGHT TO SOCIAL SECURITY to freedom of movement and to peaceful Many social security benefits remained below assembly. Some were eased on 11 May, but that required by the European Social , on 29 October new lockdown measures were despite minor improvements to some passed in view of the steep increase in provision levels. In March and September, COVID-19 cases. On 15 December the due to the COVID-19 pandemic, some further authorities imposed a national curfew improvements to social security coverage and between 8pm and 6am. benefit levels were made, but only on a temporary basis. EXCESSIVE USE OF FORCE Cases of excessive use of force were reported INDIGENOUS SÁMI PEOPLE throughout the year. In January, Cédric Finland still failed to ratify International Chouviat died after a police road stop when Labour Organization (ILO) Convention 169, officers subjected him to a chokehold. After which would improve the monitoring of the his death, the Minister of Interior announced rights of the Indigenous Sámi people. a ban on chokeholds but reversed his decision a few days later. Enforcement of COVID-19 measures further revealed the recurrent unlawful use of FRANCE force by police, particularly in deprived urban French Republic areas with a high proportion of ethnic Head of state: minority residents. Amnesty International Head of government: (replaced Edouard verified at least 15 such incidents between Philippe in July) March and April in 15 cities. In some cases, police officers also made racist and The government’s response to COVID-19 homophobic remarks.1 raised human rights concerns, including in In September, the Ministry of Interior made relation to excessive use of force by police, public a new strategy for policing assemblies. the right to peaceful assembly and the Rather than prioritizing dialogue and de- rights of migrants and asylum-seekers. escalation practices, the strategy remained Human rights defenders continued to face focused on the use of force, including the harassment and prosecutions. Following the use of dangerous weapons and techniques. , the government There remained no independent introduced counter-terror measures that mechanism to investigate cases of unlawful violated human rights. Thousands of people use of force. Very few law enforcement continued to be prosecuted for the vague officials were prosecuted in relation to offence of contempt of public officials. allegations of unlawful use of force during Racist comments by law-enforcement protests in 2018 and 2019. In one such case officials were reported. Arms sales to Saudi in June, a police officer was fined for firing a Arabia and the United Arab Emirates rubber bullet in the face of a protester during continued. There remained no measures to a demonstration in 2018. monitor compliance with corporate In November, the National Assembly accountability legislation. The government’s adopted a law that criminalizes the circulation of images of law enforcement

Amnesty International Report 2020/21 163 officials that are deemed to threaten their to his pupils, the government adopted “physical and psychological integrity”, counter-terror measures that raised human thereby hampering accountability for rights concerns. In particular, the government excessive use of force. The law was pending dissolved several organizations and expelled before the Senate at the end of the year. at least 66 foreign nationals without duly assessing the real risk of torture that they HUMAN RIGHTS DEFENDERS would face in their countries of origin.4 In June, the authorities decided to prosecute three police officers, one of whom had FREEDOM OF EXPRESSION assaulted a British human rights defender, In June, the European Court of Human Tom Ciotkowski, while he was documenting Rights ruled that the conviction of 11 activists police abuse against refugees in Calais in for their involvement in a campaign calling for 2018.2 Courts also eventually acquitted three a boycott of Israeli products (the Boycott, defenders − Pierre Alain Mannoni, Cédric Divestment, Sanctions (BDS) campaign) Herrou and Martine Landry − who had been violated their right to freedom of expression. prosecuted for helping and hosting asylum- Since 2010, the authorities have specifically seekers.3 instructed prosecutors to use anti- The government reiterated its intention to discrimination laws to silence peaceful BDS make the protection of human rights campaigners. defenders abroad one of its foreign policy Thousands of people continued to be priorities, particularly ahead of the election of prosecuted and convicted for the vague France to the UN Human Rights Council. criminal offence of contempt of public However, no concrete measures were taken officials. In October, following the murder of during the year and in France during Samuel Paty, the authorities launched dozens lockdown, human rights defenders providing of investigations for the similarly vague humanitarian aid to refugees and migrants offence of “apology for terrorism”. continued to face harassment and intimidation in Calais and Grande-Synthe. In FREEDOM OF ASSEMBLY September, the Prefect of Pas-de-Calais, On 11 May, the government imposed a prompted by the Interior Minister, issued an blanket ban on demonstrations to protect order prohibiting the distribution of food and public health. On 13 June, the Council of beverages to migrants and asylum-seekers in State overturned the ban. Nevertheless, a large area of Calais. hundreds of protesters were fined for participating in public assemblies between STATE OVERREACH 11 May and the end of August.5 Protesters In June, the government introduced a bill to also continued to be arrested and prosecuted extend the administrative control measures on the basis of vaguely formulated criminal set out in the law on internal security and offences such as contempt of public officials, counter-terrorism, set to expire at the end of failure to comply with notification the year. In December, Parliament approved requirements and participating in a group the extension of the measures until 31 July with a view to preparing violent acts. 2021. In October, Kamel Daoudi, a man who had RIGHTS OF REFUGEES, ASYLUM- been subject to control measures since SEEKERS AND MIGRANTS 2008, was sentenced to one year’s The COVID-19 pandemic resulted in further imprisonment because he had missed a barriers for people on the move in accessing curfew. social and economic rights, particularly for In October and November, following the those living in informal settlements in Paris murder of Samuel Paty, a teacher who and northern France. The government showed cartoons of the Prophet Mohammed

164 Amnesty International Report 2020/21 suspended the processing of all asylum social media. The then Minister of Interior applications during lockdown. condemned such behaviour and called for In the capital, Paris and northern France, zero-tolerance concerning racism inside the migrants and refugees living in informal police. settlements continued to be regularly forcibly evicted, including during lockdown, without IRRESPONSIBLE ARMS TRANSFERS alternative shelters and access to health care. The government continued to sell arms to In Calais, law enforcement officials regularly Saudi Arabia and the United Arab Emirates subjected migrants and refugees to despite the high likelihood that these arms harassment and excessive use of force. would be used to commit human rights Border police continued to push back violations in the conflict in Yemen. The migrants and asylum-seekers to Italy; and government failed to provide detailed, migrants continued to face administrative comprehensive and up-to-date information detention, without consideration for the on arms transfers authorized by the Prime protection of their health during the Minister. On 8 August, Lebanese security pandemic. Unaccompanied minors forces used weapons acquired from France continued to suffer barriers in accessing to police protests that left more than 230 welfare provisions and to be pushed back to people injured (see Lebanon entry). Italy. In July, the Council of State ruled that the CORPORATE ACCOUNTABILITY returning of a woman and her child to Italy Many companies still failed to comply with without registering and examining their the 2017 French duty of vigilance law asylum applications violated her right to seek requiring companies to conduct human and enjoy asylum. rights due diligence, with only 72 companies France and the UK failed to put in place of nearly 200 publishing plans on how they mechanisms for sharing the responsibility for intended to respect human rights in their providing a place of safety for thousands of value chains. The authorities again failed to people who tried to cross the English Channel propose measures to ensure a system to in small boats. monitor compliance with this legislation. DISCRIMINATION FAILURE TO PREVENT CLIMATE CHANGE Sexual and reproductive rights The government failed to meet its obligation At year’s end, the Senate was still debating to adequately tackle the climate emergency. the bill on bioethics that the government had In April, the government’s revised national introduced to Parliament in 2019. If passed, strategy raised the permitted level of the law would provide access to medically greenhouse gas emissions compared to the assisted procreation to all women, regardless previous year. In July, the High Council for of their sexual orientation or marital status. the Climate, an independent authority, considered that the government’s action to Hate crimes tackle the climate emergency was NGOs reported that Roma living in two inadequate. Moreover, the government informal settlements near Paris suffered at granted financial aid to the most polluting least five arson attacks in May. One informal sectors of the economy as part of a COVID-19 settlement was targeted four times with business recovery plan. Molotov cocktails that burned down most of the makeshift houses. 1. Europe: Policing the pandemic: Human rights violations in the enforcement of COVID-19 measures in Europe (EUR 01/2511/2020) Racism 2. France: Prosecution of police who assaulted Calais camp volunteer Media reported racist comments and sends message against impunity (Press release, 11 June) behaviours by law enforcement officials on

Amnesty International Report 2020/21 165 3. France: Acquittal of farmer who helped asylum-seekers shows that economically vulnerable groups, including solidarity is not a crime (News story, 13 May) the unemployed, less well-off families, people 4. France: Counter-terror measures following the murder of Samuel Paty with disabilities and pensioners. It also raise human rights concerns (EUR 21/3281/2020) covered water, gas and electricity bills for 5. France: Thousands of protesters wrongly punished under draconian some domestic consumers. Despite these laws in pre and post COVID-19 crackdown (News story, 28 September) measures the negative effects of the pandemic remained vast, placing increasing numbers of people at risk of poverty. Following political battles and protests in GEORGIA 2019, in March a compromise was reached on electoral system reform, which introduced Georgia a change to the mixed (proportional- Head of state: Salome Zurabishvili Head of government: Giorgi Gakharia majoritarian) system and a lower electoral threshold for parties. Parliamentary elections in October gave the ruling party – Georgian Labour safety standards were not effectively Dream – a new majority required to form the enforced causing high levels of injuries and government. The opposition political parties fatalities at work and prompting did not recognize the election result and strengthening of labour rights legislation. claimed election fraud, with the majority Electoral rules were changed to ensure refusing to take up their parliamentary greater representation of women in mandates. Parliament. Authorities continued to use The breakaway regions of Abkhazia and disproportionate and indiscriminate force South Ossetia/Tskhinvali Region remained against largely peaceful protesters. under Russian occupation and overall Concerns remained over politically control, with their de facto authorities motivated prosecutions. Russia and the continuing to deny access to international breakaway territories of Abkhazia and South monitors. Ossetia/Tskhinvali Region continued to restrict freedom of movement with the rest CORPORATE ACCOUNTABILITY of Georgia. New torture allegations and a Against a backdrop of inadequate monitoring related death sparked widespread protests and enforcement of health and safety in South Ossetia/Tskhinvali Region. standards in the workplace, dozens of fatal accidents were reported throughout the year, BACKGROUND particularly among miners and construction A state of emergency was declared in March workers. in response to the COVID-19 pandemic, In October, despite persistent opposition including partial lockdown measures and from some business groups, Parliament restrictions among other things on passed amendments to the Labour Code international and domestic travel. A which strengthened labour rights and nationwide ban on public gatherings was in brought national legislation more in line with force until late April. The restrictive measures international human rights law and were lifted in June, although physical standards. The amendments strengthened distancing rules remained in place. the institutional independence of the Labour Thousands were affected by COVID-19 Department and extended its mandate to restrictive measures which negatively inspect labour standards beyond impacted the economy, leading to increased occupational safety. The amendments also unemployment and the closure of many regulated work hours, overtime, night work, businesses. The government’s COVID-19 mandatory weekly rest, internships and anti-crisis plan, announced in April, breaks during shifts. introduced measures to support the most

166 Amnesty International Report 2020/21 DISCRIMINATION FREEDOM OF MOVEMENT Gender discrimination persisted. The World In November, the de facto authorities in Economic Forum’s 2020 Global Gender Gap Abkhazia opened a crossing point with the Index placed Georgia 74th out of 153 rest of Georgia for pensioners from Abkhazia countries, noting women were close to parity who have Georgian citizenship and receive with men on educational attainment and their pensions in Georgian-controlled territory. health and survival, but there was a However, Russian forces and the de facto significant gap in economic participation and authorities in Abkhazia and South Ossetia/ opportunity, and deep disparity in political Tskhinvali Region continued to install empowerment. physical barriers and restrict movement After years of campaigning by women’s across the division line with the rest of rights groups, in July, Parliament introduced Georgia and detain and fine residents for electoral gender quotas to increase women’s “illegal border crossings”. representation in the legislative body. These In July, local resident Zaza Gakheldze was require all political parties to ensure that at detained near an unmarked stretch of the least a quarter of their parliamentarians division line with South Ossetia/Tskhinvali elected under the proportional system are Region and accused of “illegally crossing the women, which in the October parliamentary border” and allegedly firing on “border elections led to the election of at least 30 guards”, which are crimes punishable by up women out of a total of 150. to 20 years in prison. By the end of the year he remained in Tskhinvali detention centre FREEDOM OF ASSEMBLY pending trial. On 8 November, police used water cannons disproportionately and indiscriminately Right to health against largely peaceful pro-opposition Crossing points shut in 2019 in the South demonstrators after several individuals tried Ossetia/Tskhinvali region remained closed. to enter the building of the Central Election Georgian authorities and independent Commission. The demonstrators were sources inside South Ossetia/Tskhinvali protesting against alleged fraud during the Region reported that at least 10 residents of parliamentary elections. Akhalgori died after they were refused permission for medical transfer to the rest of UNFAIR TRIALS Georgia. Local civil society organizations continued to raise concerns over politically motivated TORTURE AND OTHER ILL-TREATMENT prosecutions. Torture and other ill-treatment remained In October, two cartographers who had widespread in the breakaway South Ossetia/ been working on delimiting the border Tskhinvali Region, with three cases including between Georgia and Azerbaijan were one death reported in August. Inal Dzhabiev detained and charged with violating the and Nikolai Tskhovrebov were allegedly country's territorial integrity. Prosecutors severely beaten following detention on 23 claimed they used the wrong map and put August. Inal Dzhabiev died of his injuries Georgia at risk of surrendering parts of its while Nikolai Tskhovrebov was paralyzed with territory to Azerbaijan. Local civil society a spinal injury. Photos of their injuries groups claimed the case was trumped-up circulated on social media, together with and aimed to inflict political damage on the those of a third man, Gennady Kulaev, present-day opposition which was in power detained on 24 August. The cases caused a during the delimitation negotiations. major public outcry, resulting in the dismissal of the entire de facto government and the arrest of eight police officers. By the end of

Amnesty International Report 2020/21 167 the year the cases against the police officers called for a study on by the were pending trial. police. In July, the Federal Minister of the Interior rejected the need for a study, arguing that “discriminatory identity checks were illegal”. GERMANY Authorities at both federal and state level of Germany failed to establish an independent complaints Head of state: Frank-Walter Steinmeier mechanism to investigate discriminatory and Head of government: unlawful behaviour by police. At the end of the year, police in six federal states were still Revelations of right-wing extremist activities not required to wear individual identification among police and security forces raised badges. concerns about the protection of minorities’ In May, the Federal Ministry of the Interior human rights. The authorities were urged by reported that the number of hate crimes the European Commission against Racism committed in 2019 had risen by over 5% to and Intolerance to investigate police racial 8,585; anti-Semitic hate crimes had risen by profiling. The authorities failed to develop a 13%. The authorities at both federal and comprehensive strategy against hate crimes. state level failed to develop a comprehensive Calls to the nationwide “Violence against strategy against hate crimes which would women” helpline rose sharply during the include obligatory anti-racism training for law restrictions to prevent the spread of enforcement officers. COVID-19. In a landmark court ruling it was Throughout the year, investigations were stated that the Federal Intelligence ongoing into a series of more than 100 Service’s obligation to comply with the threatening letters, including death threats, human rights enshrined in the Constitution sent between August 2018 and the end of includes extraterritorial activity. Germany 2020 and addressed to mostly female remained one of the few EU countries to politicians, lawyers and anti-racism activists. accept asylum-seekers for relocation. They were mostly signed “National Socialist Underground 2.0”, referring to the racist BACKGROUND murders committed by the Nationalist Social In February, a man in Hanau shot and killed Underground (NSU) between 2000 and nine people of foreign descent in two shisha 2007. The addresses were obtained from bars before killing his mother and himself at police databases, raising concern over data home. Before the attack, the man published breaches and infiltration of the security a racist and anti-Semitic manifesto online. forces. The Military Counterintelligence The Federal Prosecutor General took up the Service also investigated more than 500 case and treated it as a terrorist attack. soldiers suspected of using banned National Socialist symbols and of connections to “far- DISCRIMINATION right” networks that have advocated violence, In March, following the Hanau attack, the focusing on the Special Commando Forces. government set up a Cabinet Committee against Racism and Right-wing Extremism. In RIGHT TO TRUTH, JUSTICE AND September, the Committee carried out expert REPARATION hearings, attended by representatives of In April, the first trial addressing torture by migrant organizations and academics. Syrian officials started before the Higher Civil society organizations continued to Regional Court in Koblenz. Two members of report discriminatory identity checks by the Syrian General Intelligence Directorate police of members of ethnic and religious were charged with crimes against humanity, minorities. In March, the European including 58 counts of murder and at least Commission against Racism and Intolerance 4,000 cases of torture.

168 Amnesty International Report 2020/21 regardless of where the target was based. LESBIAN, GAY, BISEXUAL, The provisions for untargeted surveillance in TRANSGENDER AND INTERSEX (LGBTI) the Act on the Federal Intelligence Service PEOPLE were found to be too vague. Germany's In May, the Federal Parliament passed a law intelligence oversight regime was judged to banning so-called “conversion therapies” that be inadequate. The Court noted the lack of aim at changing or suppressing a person's safeguards for the protection of groups such sexual orientation or gender identity. as journalists and lawyers. The law was due Although the law was considered to enhance to be revised by the end of 2021. the rights of LGBTI people, it was criticized by NGOs and experts for short in some FREEDOM OF ASSEMBLY areas, including limiting the ban to people In April, the Federal Constitutional Court under the age of 18. Concerns were raised ruled that the COVID-19 regulation that the law allows exemptions for parents prohibiting public gatherings of more than who try to “cure” their children if they do not two people from different households could “grossly violate their duty of care”. not be interpreted as a blanket ban on In September, the federal government protests. Instead, local authorities had to presented a draft law to protect infants and weigh the health restrictions against the right children born with variations of sex to freedom of peaceful assembly. characteristics from so-called “normalizing Demonstrations could be held if they met treatments”. Although the draft addressed public health requirements, including human rights violations of intersex people physical distancing. concerning medical procedures, it failed to address compensation for people who FREEDOM OF EXPRESSION underwent unnecessary and irreversible In April and June, amendments to the treatment. The draft also failed to introduce Network Enforcement Act were passed. The further measures to end the pathologization law regulates the handling of certain content of intersex bodies. punishable under the German criminal code by large internet platforms. Although some GENDER-BASED VIOLENCE revisions were largely welcomed as According to preliminary figures by the improvements for the protection of users’ Federal Ministry of Family Affairs, Senior freedom of expression, some experts raised Citizens, Women and Youth, requests to the concerns that users could be reported to the nationwide helpline Violence against women Office of the Federal Criminal Police for rose by 20% in April when restrictions to creating legitimate content which was prevent the spread of COVID-19 were first wrongly assessed by the platform provider. implemented and remained at that higher level compared to the first quarter of the year. REFUGEES, ASYLUM-SEEKERS AND MIGRANTS RIGHT TO PRIVACY In December, Amnesty International and In May, the Federal Constitutional Court held other civil society organizations criticized a that monitoring by the Federal Intelligence decision taken by the Interior Ministers of the Service of worldwide internet traffic was a federal states to allow individuals convicted of violation of . In a landmark crimes or considered so-called “potential decision, the Court decided that state attackers” to be deported to Syria, despite authorities, including the Intelligence Service, the risks to their right to physical integrity if are bound by the rights enshrined in the returned to Syria. Constitution, such as the privacy of By the end of the year, 1,293 refugees and communications, regardless of whether the asylum-seekers from the Greek islands were target is a German or a foreign national, and admitted to Germany. Under the EU

Amnesty International Report 2020/21 169 voluntary humanitarian admission scheme of bisexual, transgender and intersex people the EU-Turkey statement, 1,178 Syrian continued to face discrimination. Health refugees arrived, and 216 refugees were workers were particularly at risk from resettled under the UNHCR resettlement COVID-19 infection. programme. BACKGROUND CORPORATE ACCOUNTABILITY In December, the President was re-elected The government launched a two-phased for a second term. monitoring process in 2019 to examine the The year was marked by the authorities’ level of implementation by large German restriction of human rights and punitive companies of human rights due diligence measures in their response to the COVID-19 policies and procedures. In August 2020 the pandemic. As a step to control the spread of Ministry of Foreign Affairs published the COVID-19, the government introduced the results of the second phase of the monitoring Imposition of Restrictions Bill, which became process. The findings indicated that only law on 21 March and imposed measures 13-17% of companies conducted a sufficient notably restricting the rights to freedom of level of human rights due diligence. In movement and peaceful assembly. Under an Germany’s National Action Plan on Business Executive Instrument (known as EI 164), and Human Rights adopted in 2016, the adopted in June, anyone not wearing a face government announced that it would mask in public places faced a maximum fine consider implementing legislative measures if of GHS60,000 (about US$10,000) and/or a fewer than 50% of companies conducted prison sentence of between four and 10 sufficient due diligence. years. Access to judicial remedies for victims of human rights abuses by or involving German WOMEN’S RIGHTS companies abroad remained difficult to Discrimination obtain. The President’s promise to ensure that the Affirmative Action Bill became law was not IRRESPONSIBLE ARMS TRANSFERS realized. The Bill sought to increase women’s An arms export moratorium on Saudi Arabia political participation. was prolonged in March to the end of the year. The moratorium did not cover any other Violence against women countries involved in the Yemen conflict. The Akua Denteh, a 90-year-old woman, was export of German parts and components for beaten to death in a mob attack on 23 July in joint European arms projects destined to Kafaba, a town in the East Gonja District in Saudi Arabia remained permitted. the Savannah Region, for alleged witchcraft. Between July and August, the police arrested several suspects alleged to have played a role in the killing. In August, the Minister for GHANA Gender, Children and Social Protection Republic of Ghana pledged to assist women in “witch” camps Head of state and government: Nana Addo Dankwa including by enrolling them onto Livelihood Akufo-Addo Empowerment Against Poverty programmes. The media reported that another woman, also Over 1,000 prisoners were pardoned and accused of witchcraft, was attacked and others had their death sentences commuted seriously injured on 29 August in the to life imprisonment. Prisons remained Savannah Region. severely overcrowded and conditions were deplorable. Women suffered discrimination and gender-based violence. Lesbian, gay,

170 Amnesty International Report 2020/21 Prison Administration statistics showed that RIGHTS OF LESBIAN, GAY, BISEXUAL, inmates were held in 44 prisons with a TRANSGENDER AND INTERSEX (LGBTI) combined capacity of only 9,945. They were PEOPLE given insufficient, poor quality food and LGBTI people continued to face standards of medical care and hygiene were discrimination. Consensual same-sex sexual grossly inadequate. relations between men remained criminalized. Religious and political leaders, FORCED EVICTIONS and the media used hate speech against In April, during the lockdown period when LGBTI people. This contributed to a climate the COVID-19 pandemic was at its peak, the of fear, hostility and intolerance towards the Accra Metropolitan Assembly supervised LGBTI community. home demolitions in Old Fadama, a slum in Accra. An estimated 1,000 residents were RIGHT TO HEALTH made homeless and therefore also more Health workers vulnerable to contracting COVID-19 as the The limited availability of PPE to health government made no arrangements to workers and inadequate health care facilities provide alternative housing. due to insufficient investment in the health sector hindered efforts to combat the ENVIRONMENTAL DEGRADATION COVID-19 pandemic. In April, the Greater In January, environmental NGOs and activists Accra Regional Hospital in the capital, which filed a notice of civil action against the was designated as the main care facility for government for violating the constitutional treating COVID-19 patients, had only four right to life and dignity - which they argued dedicated beds. In August, the privately includes the right to a safe and healthy funded Infectious Disease Isolation and environment - as a result of a proposed Treatment Centre, which had 100 beds, was mining project in the Atewa Range Forest in established at the Ga East Hospital in Accra. the Eastern Region. This followed the According to the Director General of the government’s signing a Memorandum of Ghana Health Service, as of July, about Understanding with China which would allow 2,065 health workers had been infected with the latter access to bauxite in exchange for coronavirus and six had died due to their financing infrastructure projects such as COVID-19 related complications. roads and bridges. According to the complainants, the mining project would have Prison conditions a negative impact on water supply, The President pardoned hundreds of biodiversity and climate change adaptation. prisoners in March and June in a bid to In November, the International Union for the mitigate the dangers to health caused by Conservation of Nature passed a resolution overcrowding, particularly in light of the risks urging the government to stop all mining posed by the COVID-19 pandemic. Those related activities and other destructive who benefited were 1,555 first-time offenders activities in the Atewa forest and to establish who had already served half their sentences, the forest as a national park to ensure its as well as 15 seriously ill prisoners and 19 preservation. elderly prisoners. Nine prisoners had their sentences commuted to life imprisonment, while four prisoners had their life sentences commuted to 20-year terms. Nevertheless, prisons remained chronically overcrowded and conditions were poor. According to the World Prison Brief database, there were 13,333 inmates as of November.

Amnesty International Report 2020/21 171 reported. Those targeted included people GREECE protesting in solidarity with refugees, those who gathered in public squares as the Hellenic Republic authorities started easing COVID-19 Head of state: (replaced restrictions, and refugees and migrants. in March) In May, a court in the capital, , Head of government: awarded compensation to journalist Manolis Kypreos after it found the Greek state Austerity measures adopted over the past responsible for his serious injury by a police decade continued to erode the accessibility officer who threw a stun grenade at him in and affordability of health care. Allegations 2011. Concerns were raised following the of torture and other ill-treatment and authorities’ decision to appeal against the excessive use of force by police persisted. ruling in October and the impact this would More pushbacks of refugees and migrants have on Manolis Kypreos’ right to an effective at land and sea were reported. In a historic remedy. ruling in October, an Athens court found the In October, a Mixed Jury Court in Athens extreme far-right Golden Dawn party guilty started hearing the case against two civilians of running a criminal organization. Moria and four police officers indicted for the death refugee camp on the island of Lesvos was of LGBTI activist Zak Kostopoulos in Athens destroyed by fires. in September 2018. BACKGROUND RIGHTS OF REFUGEES, ASYLUM- In October, the International Monetary Fund SEEKERS AND MIGRANTS highlighted that the COVID-19 pandemic had Land and sea arrivals declined sharply during interrupted Greece’s modest economic the year, with 15,669 arrivals recorded as of recovery, with the GDP contracting by 7.9% 31 December, compared to 74,613 in 2019. in the first six months of the year. While the government claimed the reduced arrivals as the result of their policies, RIGHT TO HEALTH population numbers were also impacted by Research published in April found that COVID-19 and the tougher approach to austerity measures adopted in the previous border control, in numerous instances 10 years had continued to erode the accompanied by reports of pushbacks and accessibility and affordability of health care in violence. Greece.1 As a result, many people found it In May, amendments to the asylum and harder to afford health care and to access the migration laws further reduced procedural public health system. The retrogressive and substantive safeguards for individuals. impact of these measures, which The changes expanded the use of detention disproportionately impacted the poorest and in asylum and return procedures and most marginalized, combined with how they provided for the creation of new facilities, were implemented, violated the right to the with a controlled entry/exit system intended enjoyment of the highest attainable standard to replace open camps. of health. Many of the challenges faced by Despite the formal implementation in April health workers, including difficulties due to of a new system to ensure asylum-seekers’ low numbers of staff, were exacerbated by access to public health care, individuals COVID-19. continued to face difficulties.

TORTURE AND OTHER ILL-TREATMENT Pushbacks Incidents of ill-treatment and excessive and Following Turkey’s announcement on 27 otherwise unlawful use of force by law February that it would no longer prevent enforcement officials continued to be asylum-seekers and migrants from crossing

172 Amnesty International Report 2020/21 into the EU, tens of thousands of people tried minors were relocated to European countries to cross Greece’s land borders in the Evros from Greece, including 406 who were region. Greece reacted by sending in border removed from Lesvos. Other Moria residents forces that used tear gas, water cannons and were moved to a new temporary tent camp, plastic bullets against those attempting to where they faced conditions that were cross. Testimonies described a series of criticized by UNHCR, the UN refugee abuses by Greek border forces, including agency, and NGOs. The EU Commission excessive use of force, beatings, use of live formed a taskforce to manage the situation in ammunition, unlawful detention and Lesvos in co-operation with the Greek systematic pushbacks into Turkey, leading to authorities. the deaths of at least two men and the disappearance of one woman. These COVID-19 response in asylum facilities practices were consistently denied by Greek Responding to COVID-19, Greece restricted authorities. the movements of asylum-seekers inside and Among the measures taken to address the outside camps. In many facilities, these situation at its borders, on 2 March, Greece measures were repeatedly and suspended asylum applications for one discriminatorily renewed throughout the year. month and most refugees and migrants The overcrowded camps in Lesvos and arriving by sea were held arbitrarily. 2 Samos, among other locations, registered In the same month, the EU Commission COVID-19 outbreaks and individuals were praised Greece as Europe’s “shield” and placed under quarantines. The inadequate mobilized additional funds to support its living conditions prevented the migration system; additional assets were implementation of quarantines with full deployed by the EU Border and Coast Guard respect of people’s basic rights. (FRONTEX). Numerous incidents of pushbacks and Situation on mainland dangerous practices at sea against refugees Transfers of asylum-seekers and recognized and migrants, allegedly by Greek security refugees to the mainland increased, reaching forces, were also reported by NGOs and other 13,500 as of 30 November. actors. From June, thousands of people who Following allegations, internal inquiries obtained international protection status were were launched into FRONTEX’s involvement required to leave reception facilities around in pushbacks in the Aegean Sea. Greece, following a legislative amendment which reduced accommodation support. Situation on the Aegean islands Media and NGOs documented that many Despite reduced arrivals, overcrowding levels faced difficulties in accessing basic services in the five EU-sponsored hotspots on the on the mainland and were sleeping rough in Aegean islands reached a peak around Athens. March. At that time, Moria refugee camp on Lesvos, with capacity for 3,000 people, Criminalization of solidarity hosted almost 20,000. Camp residents In April and September, new rules severely continued to suffer unsanitary conditions, limited NGOs’ ability to work on migration inadequate medical care, insecurity and and asylum issues. While the criminal violence, including gender-based violence. proceedings against rescuers Sarah Mardini Between 8 and 10 September, consecutive and Séan Binder remained pending, in fires destroyed Moria camp, leaving its October, criminal charges were announced 12,000 or more residents to sleep rough for against 33 NGO members and the days on a road cordoned by police, without independent refugee shelter PIKPA was adequate access to shelter, sanitation and closed and its residents moved to a different food. By 17 December, 553 unaccompanied facility on Lesvos.

Amnesty International Report 2020/21 173 DISCRIMINATION RIGHT TO EDUCATION In a landmark verdict in October, an Athens Prison inmate and university student Vasilis court found the political leadership of far-right Dimakis went on hunger and thirst strike in party Golden Dawn guilty of running a April and May, protesting that his transfer to criminal organization. Golden Dawn members Grevena prison and then to an isolation cell committed a series of violent crimes, in the female ward of Korydallos prison including attacks against refugees, migrants, prevented him from continuing his university trade unionists and human rights defenders. education. Vasilis Dimakis ended his strike at Forty-three party members, including 11 the end of May. Following pressure from civil former Members of Parliament, were society, he was returned to his original cell in convicted for participating in a criminal Korydallos prison, where he was able to organization. Golden Dawn member Giorgos continue his studies. Roupakias was convicted of the murder of anti-fascist singer Pavlos Fyssas in 2013, and CRUEL, INHUMAN OR DEGRADING 15 other defendants were convicted as PUNISHMENT accessories. The court convicted five people In a report published on 9 April, the of the attempted murder of an Egyptian European Committee for the Prevention of fisherman and four defendants for the attack Torture highlighted systemic failures in against trade unionists from the Greek Greece’s prisons. On the same day, a female Communist Party prisoner died in Eleonas prison; fellow inmates reported that she had not received FREEDOM OF ASSEMBLY adequate medical attention. Prisoners around In July, NGOs, trade unions and political the country told the Initiative for Detainees’ parties expressed serious concerns over a Rights that they were not provided with controversial bill regulating public personal protective equipment against assemblies. The bill became law on 11 July COVID-19. and included a provision establishing liability for the organizers of an assembly.3 1. Greece: COVID-19 crisis exposes urgent need to bolster austerity- ravaged health system (News story 27 April) CONSCIENTIOUS OBJECTORS 2. Europe: Caught in a political game: asylum-seekers and migrants on Serious violations of the rights of the Greece/Turkey border pay the price for Europe’s failures (EUR conscientious objectors continued, including 01/2077/2020) repeated prosecutions, fines and trials in 3. Greece: Blanket ban on public assemblies must be urgently revoked military courts. In October, a 45-year-old (EUR 25/3346/2020) whose application for conscientious objector’s status had been rejected in 2004 by the Minister of National GUATEMALA Defence, was acquitted on procedural grounds by a military court. Republic of Guatemala Procedures for the examination of Head of state and government: applications on conscientious objectors' Falla (replaced Jimmy Morales Cabrera in January) status were suspended for nearly 15 months before a reformed Committee, tasked to Thousands of people were detained for examine such applications, started operating breaching the curfew ordered in March by in July. An appeal against a 2019 increase to the government to contain the spread of the length of alternative service before the COVID-19. Health workers faced difficult Supreme Administrative Court was pending working conditions during the pandemic, at the end of the year. often lacking personal protective equipment and in some cases work contracts or wages.

174 Amnesty International Report 2020/21 Attacks on human rights defenders led to fears of a worsening of the food and increased and Congress passed a law that sanitary crises. threatens the right to defend human rights. MIGRANTS’ RIGHTS FREEDOM OF MOVEMENT As of November, more than 41,000 In response to the COVID-19 pandemic, on 4 who had fled violence, poverty March the government declared a “state of and inequality were returned to Guatemala calamity”, followed on 16 March by border from Mexico and the USA. The first closures and a mandatory curfew. According temporary shelters set up to receive to the authorities, more than 40,000 people returnees and test them for COVID-19 did not were detained for curfew violations during the always meet the minimum requirements for first six months this was in force. The media housing people. reported that people with no choice but to keep working in the informal economy were HUMAN RIGHTS DEFENDERS detained. A possible extrajudicial execution at According to the Unit for the Protection of the hands of the police in the capital, Human Rights Defenders in Guatemala , was also reported during (UDEFEGUA), a local human rights curfew on 17 June. organization, attacks against human rights defenders increased in 2020 compared to RIGHT TO HEALTH – HEALTH WORKERS previous years, with a total of 1,004 attacks Health workers worked under precarious recorded as of 15 December. Those who conditions during the pandemic, and defend land, territory and the environment repeatedly reported the lack of personal were particularly at risk. protective equipment in hospitals. In early This group, women defending sexual and May, a group of doctors from the temporary reproductive rights and those fighting hospital set up in Guatemala City's Parque de impunity and corruption were also the targets la Industria to care for patients with of unfounded criminal complaints and COVID-19 reported that they had been proceedings, as part of the misuse of the working without a contract or pay since the criminal justice system to harass and punish beginning of the pandemic. them for their activities. The Ombudsperson faced several criminal complaints and RIGHT TO FOOD AND WATER requests for his removal in reprisal for his The lockdown measures exacerbated the activities. precarious economic situation of many In September, an appeals court increased households in Guatemala, which already had the prison sentence against prisoner of one of the highest rates of chronic child conscience Bernardo Caal Xol, who had been malnutrition in the region. White flags were deprived of his liberty since January 2018 for placed in windows of people’s homes as a defending the rights of Indigenous Peoples sign that they had no food and people stood affected by the construction of the OXEC in long lines to receive food from solidarity hydroelectric dam project. initiatives such as the Community Pot in In general, the vast majority of attacks on Guatemala City. The Ombudsperson and the human rights defenders remained media reported that several neighbourhoods unpunished. By the end of the year, and communities did not have access to Guatemala had yet to adopt the public policy water, preventing people from adopting for the protection of human rights defenders adequate hygiene practices during the ordered by the Inter-American Court of COVID-19 pandemic. The devastating impact Human Rights in 2014. of hurricanes Iota and Eta, which affected Despite multiple concerns expressed by more than two million people in November, UN human rights bodies and international and local organizations, in February Congress

Amnesty International Report 2020/21 175 amended the law on NGOs. Decree 4-2020 suspected of responsibility had been added conditions for the functioning of NGOs convicted by the end of the year. and could lead to their arbitrary closure. However, implementation was halted due to an appeal pending before the Constitutional Court. GUINEA Republic of Guinea EXCESSIVE USE OF FORCE Head of state: Alpha Condé On 21 November, the National Civil Police Head of government: Ibrahima Kassory Fofana used excessive force to repress protests in Guatemala City. They made unnecessary and Human rights violations were carried out in indiscriminate use of tear gas and water the context of controversial constitutional canon against protesters and passers-by and change and disputed presidential election violently arrested dozens of people, including results. Dozens of people were killed by journalists. members of defence and security forces during demonstrations, while alleged IMPUNITY perpetrators enjoyed impunity. Members of The future of the fight against impunity in opposition political parties and pro- cases of corruption and human rights democracy activists were arbitrarily arrested violations remained at risk. On several and detained. The rights to freedom of occasions, prosecutors, judges and expression and peaceful assembly were magistrates who had worked on emblematic restricted. Prisoners’ rights to health were cases of the fight against impunity were undermined by chronic overcrowding and targeted with criminal complaints and intense poor detention conditions. media smear campaigns also aimed at discrediting them. BACKGROUND This fight against impunity was also at the From March, a state of emergency was heart of struggles to select new magistrates imposed in response to the COVID-19 for the Supreme Court of Justice and the pandemic, and measures introduced Courts of Appeals. The process, which had restricting movement and the right to been pending since 2019, was again delayed assembly, among other things. because of a new corruption scandal and In March, the National Front for the delays in the vote by Congress. Defence of the Constitution (FNDC), a coalition of political parties and civil society VIOLENCE AGAINST WOMEN AND GIRLS organizations, organized mass protests Despite high levels of gender-based violence against a constitutional reform project that against women and girls, organizations would allow the President to run for a third denounced the lack of funding to temporary term, and called for a boycott of the shelters known as Comprehensive Support legislative elections and constitutional Centres for Women Survivors of Violence referendum, both of which were held on 22 (CAIMUS) and mobilized against the March. In April, the Constitutional Court government's intention to close the announced that almost 90% had voted for Presidential Secretariat for Women the constitutional reform. (SEPREM) and replace it with a lower-ranking On 24 October, the Independent National commission. Electoral Commission announced that Alpha The investigation into the death of 41 girls Condé had won the presidential elections, during a fire at the state-run shelter Virgin of despite one contender, Cellou Dalein Diallo, the Assumption Safe House in March 2017 having already claimed victory. remained pending. None of those accused or

176 Amnesty International Report 2020/21 denounce the use, by members of the UNLAWFUL KILLINGS security forces, of arbitrary arrests. Charges The defence and security forces used against the two men included “contempt of excessive force against demonstrators. officers, assault with violence and threat to Dozens of people were shot dead and many public order and the safety, integrity and others suffered bullet wounds or were injured dignity of individuals, through the use of when hit by tear gas canisters. electronic communication.” On 15 July, the Between 21 and 22 March, at least 12 Court of Appeal dismissed the case people were killed during protests organized against them on grounds of legal and by the FNDC. procedural flaws. On 12 May, seven people were killed Another FNDC leader and TLP/Guinea during demonstrations, some of them violent, member, Oumar Sylla, was arrested on 17 in the towns of Manéah, Coyah and Dubréka, April in Conakry by Research and in the Kindia region, and in the city of Intervention Brigade agents. The arrest Kamsar in the Boké region. They were followed his participation in a radio show in demonstrating against the security forces’ which FNDC members called for management of COVID-19 movement demonstrations against constitutional reform. restrictions. He had also denounced the killings, torture, In the days following the October arbitrary detention and harassment of FNDC presidential election at least 16 people were members in the city of Nzérékoré. He was killed by security forces while protesting at charged with the “communication and the results. Defence and security forces also dissemination of false information”, “violence committed acts of violence against residents and making death threats”. He was released of neighbourhoods perceived as favouring the on 27 August, after a judge dismissed all opposition in Conakry, the capital, killing at charges against him. However, on 29 least one resident of Wanindara, on 1 September, he was arbitrarily detained again December, without reason. after plain-clothes police officers arrested him According to the authorities, two at a banned demonstration in Matoto, a policemen were killed in Conakry on 21 municipality in Conakry. He remained in October and 30 November respectively, while Conakry Central Prison on charges of three gendarmes and a soldier were killed in “participation in a mob that may disturb an attack on a train belonging to the mining public order”. company Rusal on 23 October, also in On 7 May, Saïkou Yaya Diallo, an FNDC Conakry. legal officer, was arrested in Conakry, after he participated in a press conference during ARBITRARY ARRESTS AND DETENTIONS which he and others isolated in an office Between January and September, dozens of someone they believed to be working for the representatives of civil society organizations intelligence services allegedly to protect her and political activists were arbitrarily arrested from other participants. He was charged with for having opposed the referendum, called “assault, violence, threats and public insults” for demonstrations and/or denounced human and detained in Conakry Central Prison rights violations in the country. despite two court rulings for his release under On 6 March, police arrested Ibrahima judicial supervision. He was convicted on Diallo, an FNDC leader and co-ordinator of November 16 and released on 11 December the Tournons la Page/Guinea (TLP/Guinea) after he completed his sentence. pro-democracy movement and Sékou On 10 November, the Dixinn District Koundouno, co-ordinator of Le Balai Citoyen, Prosecutor announced that 78 people, a citizens’ movement which promotes including political opposition figures, were democracy, in Conakry. Earlier that day, they brought before a judge in the context of post- had held a press conference, notably to election demonstrations and violence and

Amnesty International Report 2020/21 177 charged with, among other things, The Justice Minister’s 2019 pledge that, “possession and manufacturing of small following the completion of a judicial arms, criminal conspiracy, and statements investigation in 2017, the trial of alleged inciting violence”. perpetrators in the September 2009 massacre in the Conakry Stadium would start TORTURE AND OTHER ILL TREATMENT by June 2020, remained unrealized. Defence Ibrahima Sow, aged 62, was arrested on 24 and security forces had killed 157 peaceful October after the attack on a Rusal train (see demonstrators in the stadium and raped at above, Unlawful killings). According to the least 100 women. authorities, while under arrest, he tested positive for COVID-19 from which he RIGHT TO HEALTH recovered but after “complaining of diabetes” Prison conditions he was taken to hospital where he died. The health of prisoners was particularly at Photographs of his injuries sustained during risk during the COVID-19 pandemic due to his detention strongly suggested that he had chronic overcrowding, and inadequate suffered burns from a hot iron or similar sanitation and medical care in detention object. facilities. The authorities reported that in May, out of FREEDOMS OF ASSEMBLY AND 713 prisoners tested at Conakry Central EXPRESSION Prison, 68 had positive results for COVID-19. National and local authorities undermined The Ministry of Justice said they were treated the right to freedom of assembly, banning – in health facilities deployed in the prison. In without giving legitimate reasons – at least Kindia Prison there were 30 positive test seven demonstrations against the results among the total population of 352 constitutional referendum and the President’s inmates and 25 prison guards, and the candidacy for a third term of office. Protests Ministry of Justice reported that the 28 planned for January in the cities of inmates who tested positive were sent to Kissidougou and Nzérékoré were banned to Conakry Central Prison to receive treatment. “keep the peace”; in March, demonstrations Conakry Central Prison was the most in Matoto and Matam were prevented overcrowded facility in the country, holding because of a forthcoming ECOWAS visit and 1,500 detainees, but with a capacity for only preparations for International Women’s Day. 300. Demonstrations in Matoto during the electoral campaign between September and October were also outlawed. The right to freedom of expression was HONDURAS also restricted. According to the NGO Access Republic of Honduras Now, social media transmission was Head of state and government: Juan Orlando disrupted for a total of 36 hours between 21 Hernández and 23 March. On 18 October, the High Authority for Communication suspended the During the COVID-19 pandemic, the news site Guineematin.com for one month security forces used excessive force to after it broadcast live from polling stations implement lockdowns and to police during ballot counts. protests. Health workers highlighted the health risks posed by the lack of personal IMPUNITY protection equipment (PPE) in hospitals. Despite pledges from the authorities that the Honduras remained one of the most lethal killing of any protester would be investigated, countries for human rights defenders. there was no official information by the end of the year about developments.

178 Amnesty International Report 2020/21 access to land, continued to face high levels BACKGROUND of violence. Most of these attacks remained Levels of violence and impunity remained unpunished. high, as well as poverty and inequality. In By the end of the year, the trial of a November, devastating landslides and floods businessman detained in 2018 and accused caused by hurricanes Eta and Lota resulted of being behind the killing of Indigenous in at least 94 deaths and affected almost 4 leader had not started. The million people, raising serious concerns National Council of Popular and Indigenous about the rights to food, water and livelihood Organizations of Honduras (COPINH) of already marginalized groups. repeatedly highlighted delays and irregularities in proceedings. There was no EXCESSIVE USE OF FORCE progress in the investigation into others The police and the military used excessive believed to be responsible for planning and force to implement national and local curfews ordering her killing. and lockdowns introduced in response to the Five men from the Garifuna Triunfo de la pandemic and to suppress protests sparked Cruz community, including four Black by the lack of state food aid and Fraternal Organization of Honduras unemployment. Civil society organizations (OFRANEH) activists, were allegedly forcibly documented injuries and arbitrary detentions disappeared on 18 July by unidentified (including of journalists covering protests), individuals wearing police-type clothing. The and at least one possible extrajudicial men’s fate and whereabouts remained execution. unknown at the end of the year. Human rights defenders also continued to RIGHT TO HEALTH face unfounded judicial proceedings to Health workers intimidate and harass them and to hinder The pandemic worsened the already their human rights work. Among those precarious working conditions of health targeted were members of the Municipal workers, amid allegations of corruption and Committee for the Defence of Common and complaints about the inadequate Public Assets (CMDBCP). management of emergency funds for the In June, a new Penal Code entered into purchase of medicines and materials. Health force that contains provisions that are workers repeatedly highlighted the lack of sometimes ambiguous or contrary to the PPE. principle of legality and could be arbitrarily In several hospitals, health workers were interpreted to restrict the exercise of freedom asked to sign confidentiality agreements of assembly and association and to reinforce prohibiting them from speaking publicly the criminalization of human rights about their concerns. defenders. RIGHTS OF MIGRANTS AND REFUGEES GENDER-BASED VIOLENCE In January and October, thousands of Women and girls faced high levels of gender- Hondurans joined the so-called caravans to based violence. The National University of leave the country and flee violence and Honduras’ observatory on violence reported poverty. The vast majority were returned or 224 femicides between January and deported to Honduras from Mexico, the USA December. According to the NGO Women's and Guatemala, often without their rights Peace Movement "Visitación Padilla", more being guaranteed. than 65,000 calls about domestic and intra- family violence were registered through the HUMAN RIGHTS DEFENDERS National Emergency System 911 between Human rights defenders, particularly those January and October. defending the territory, environment and

Amnesty International Report 2020/21 179 The organization Cattrachas reported at least 19 violent deaths of LGBTI people, as DISCRIMINATION well as high levels of impunity for such Lesbian, gay, bisexual, transgender and intersex crimes. (LGBTI) people In May, Parliament prohibited the legal gender recognition of transgender and intersex people, requiring the registration of HUNGARY sex by birth based on biological markers and Hungary chromosomes, which cannot be changed at a Head of state: János Áder later stage. This means transgender people Head of government: Viktor Orbán can no longer change their sex on official documents and certificates to reflect their Women and transgender people were gender identity.2 discriminated against in law and in In July, the European Court of Human practice. Asylum-seekers were refused safe Rights ruled that Hungary had violated the entry at borders and were expelled. Changes right to respect for private and family life of a to laws to contain COVID-19 restricted transgender man from Iran. He had been freedom of expression and peaceful recognized as a refugee in Hungary based on assembly. The government continued to persecution for his gender identity, yet the undermine judicial independence and authorities refused to legally recognize his public confidence in the judiciary. gender and name. In December, Parliament passed a law BACKGROUND denying LGBTI people adoption rights, along In March, Parliament adopted the Bill on with discriminatory amendments to the Protection against the COVID-19 pandemic. It Constitution specifying that “mother is a extended the government’s power to rule by female and father is a male”, and that decree by absolving it from parliamentary Hungary “protects self-identity of the scrutiny, without providing a clear cut-off children’s sex by birth”.3 date. While the bill was replaced in mid-June, the government continued to uphold a set of Women transitional powers allowing the restrictions of In May, the Curia (the highest court in human rights, such as the right to freedom of Hungary) confirmed that the maternity ward peaceful assembly, and curtailing access to in a hospital in the city of Miskolc had asylum. discriminated against pregnant Roma women In September, the European Commission from disadvantaged and low-income published its first rule of law report, noting backgrounds whose birth companions were serious concerns regarding Hungary. required to purchase and wear a “maternity Judicial independence remained at risk of garment” for hygiene reasons. This often attacks from senior members of the resulted in Roma women being forced to give government who contested final judgments in birth without the support of their official government communication and in companions. The court ordered the the media, delaying their execution. A termination of the practice. gradual erosion of the internal organizational Gender-based discrimination in the independence of the judiciary was not workplace and labour market particularly addressed, continuing to cause fear of affected pregnant women and women with retaliation by the executive among judges.1 young children wanting to return to work.4 The authorities failed to ensure access to effective remedies for unlawful termination of employment.

180 Amnesty International Report 2020/21 VIOLENCE AGAINST WOMEN AND GIRLS FREEDOMS OF EXPRESSION, In May, Parliament adopted a political ASSOCIATION AND ASSEMBLY declaration calling on the government not to A bill adopted in March increased penalties ratify the Council of Europe Convention on for the crime of “imparting or conveying false preventing and combating violence against information” related to the COVID-19 women and domestic violence (the Istanbul pandemic and to the government’s Convention), despite initially signing it in responses. It instituted the crime of 2014. obstructing the enforcement of a quarantine or isolation order.5 RIGHT TO EDUCATION In mid-June, transitional provisions were In January, the government launched a co- adopted, amending applicable rules during a ordinated communication and media “state of medical emergency”, and giving the campaign to discredit 63 Roma former possibility to government to arbitrarily restrict elementary school students in the town of the rights to freedom of movement and Gyöngyöspata who had successfully taken a peaceful assembly. case to court about segregated and lower Also in June, the CJEU ruled that quality education. Despite the government’s restrictions in the Law on the Transparency of campaign, the Curia confirmed in May that Organizations Supported from Abroad, the compensation they had been awarded imposed on the financing of civil society had to be paid in full without delay. organizations by foreign funders, breached In March, the UN Committee on the Rights EU law. of the Child expressed serious concern about In July, the editorial team and nearly 100 the continuing segregation of Roma children staff journalists resigned from Index, the in special education, the increased gap in country’s largest independent online news attainment between Roma and non-Roma portal, in response to the dismissal of its children, and the lack of data on Roma editor-in-chief. The editors had publicly children in education. announced that their independence was in In September, a new national curriculum, danger following the takeover of the portal’s which had been adopted without broad advertising branch by a media executive with public consultation and despite widespread close ties with the government. protests by educational professionals, was rolled out in elementary and secondary RIGHT TO SEEK ASYLUM schools. The government lost three court cases Between September and November, regarding breaches of international students at the University of Theatre and Film obligations. In April, the CJEU ruled that Arts in the capital, , occupied their Hungary had failed to fulfil EU law obligations school to protest against a government- by refusing to relocate asylum-seekers within controlled restructure of ownership and the mandatory scheme set up in solidarity management which they claimed curtailed with Italy and Greece. academic freedom. Several prominent In May, the Court ruled that Hungary’s lecturers resigned. automatic detention of asylum-seekers in In October, the Court of Justice of the border detention centres known as “transit European Union (CJEU) ruled that Hungary zones” breached EU legislation as the had breached EU rules relating to academic detention measures were disproportionate, freedom, through the 2017 amendments to exceeded the maximum time limit, and could the Law on higher education, which forced not be challenged in court. While initially the Central European University out of the protesting the judgment, the government country. vacated the transit zones the same month.

Amnesty International Report 2020/21 181 In June, new rules introduced severely arbitrarily arrested, often without charge or limited access to asylum. Transitional trial. Despite a Supreme Court ruling to measures, denounced by UNHCR, the UN reduce prison overcrowding to curb the refugee agency, removed the possibility for spread of COVID-19, the authorities asylum-seekers to submit applications inside continued to incarcerate many who were Hungary, instead requiring them to first critical of the government. The authorities submit a “declaration of intent” at selected failed to adequately investigate or punish embassies outside the country. By the end of perpetrators of violence based on caste, sex the year, only a handful declarations were and gender, and carried out reprisals registered, and one family was granted against those who reported rape and caste- permission to enter Hungary to submit an based crimes. There was widespread application. In October, the European impunity and lack of accountability for Commission launched an infringement murders and attacks carried out by vigilante procedure, arguing that the restrictions were mobs and police officers against religious unlawful. minorities. Swift and extreme restrictions Those entering irregularly, mostly from were placed on freedom of movement in Serbia, were expelled, often collectively. By response to the pandemic, leaving the end of the year, police pushbacks across thousands of migrant workers stranded the border fence exceeded 30,000, in breach without adequate food and protection. of the obligation to individually assess the risk Some restrictions to curb the pandemic also of refoulement, the forcible return of threatened the right to privacy. individuals to countries where they risk serious human rights violations. In BACKGROUND December, the CJEU ruled that such returns In December 2019, the government passed breached EU law the Citizenship (Amendment) Act (CAA) enabling irregular migrants from Afghanistan, Bangladesh and Pakistan to obtain Indian 1. Hungary: Fearing the unknown – How rising control is undermining judicial independence in Hungary (EUR 27/2051/2020) citizenship, excluding Muslims. The 2. Hungary: Government must revoke prohibition of gender legal discriminatory nature of the CAA sparked recognition (EUR 27/2085/2020) peaceful protests across the country, which 3. Hungary: Hungarian Parliament must reject amendments further were met with arbitrary arrests and detention undermining the rights of LGBTI people (EUR 27/3353/2020) and widespread demonization of those 4. Hungary: No working around it: Gender-based discrimination in protesting. Hungarian workplaces (EUR 27/2378/2020) The government’s strategy to curb 5. Hungary: Government must not use extraordinary power to roll back COVID-19 included a punitive lockdown at human rights amid COVID-19 emergency (EUR 27/2046/2020) very short notice, lack of transparency in disbursing relief funds, threats to privacy, and demonization of religious minorities. INDIA ARBITRARY ARRESTS AND DETENTIONS Republic of India Seven human rights activists – Father Stan Head of state: Ram Nath Kovind Swamy, Jyoti Raghoba Jagtap, Sagar Head of government: Tatyaram Gorkhe, Ramesh Murlidhar Gaichor, Hany Babu, Gautam Navlakha and Freedom of expression was guaranteed Anand Teltumbde, were arrested by the selectively, and dissent was repressed National Investigation Agency (NIA), India’s through unlawful restrictions on peaceful main counter-terrorism agency, for their protests and by silencing critics. Human alleged involvement in violence during the rights defenders, including students, Bhima Koregaon celebrations near the city of academics, journalists and artists, were Pune in 2018. Those arrested worked with

182 Amnesty International Report 2020/21 marginalized groups, including Adivasi (Indigenous) communities, and had criticized FREEDOMS OF EXPRESSION AND government policies. The government ASSEMBLY accused them of breaching the Penal Code New restrictions were imposed on freedoms by “waging war against the country” and of expression and assembly in response to having links with the banned Communist the COVID-19 pandemic. On 24 March, Party of India (Maoist). Prime Minister Modi imposed a nationwide Many arrested activists were elderly and in lockdown, comprising mandatory ‘stay-at- poor health. However, they were held in home’ quarantine under the Disaster overcrowded prisons where several inmates Management Act, a draconian law which had either tested positive or died from gives the government sweeping powers in COVID-19. Varavara Rao, an 80-year-old poet disaster situations. Breaches of the lockdown arrested in the Bhima Koregaon case in resulted in arrests and detentions. 2018, tested positive for COVID-19 in July Even before the pandemic, freedom of while in prison. Nevertheless, the courts assembly was restricted, including by continued to reject the bail pleas of the burdening civilians with recovering the cost of activists. damages to public property after peaceful At least nine students peacefully protesting protests turned violent. against the CAA were arrested and jailed A year after the government revoked the under counter-terrorism and sedition laws. special status of Jammu and Kashmir and Many other anti-CAA protesters were split the state into two union territories, the subjected to intense intimidation and clampdown on and restrictions harassment from the police. Meanwhile, the on communications services continued. authorities ignored violence and hate speech Political leaders such as Farooq Abdullah, by the supporters of the CAA against those Omar Abdullah and Mehbooba Mufti, who protesting draconian counter-terrorism laws, were administratively detained in 2019, were including the Unlawful Activities (Prevention) released in 2020. However, the union Act and National Security Act. Safoora government continued to silence those who Zargar, a research scholar who was three demanded accountability and imposed a months’ pregnant at the time, and Umar harsh media blackout. Khalid, a former student union leader, were At least 18 journalists in Kashmir were among those arrested. Safoora Zargar was physically attacked by police or summoned to later released on bail. police stations. Dissent was further On 26 June, the UN High Commissioner suppressed when a new media policy was for Human Rights called on India to introduced by the Jammu and Kashmir immediately release human rights defenders government to create “a sustained narrative who had been arrested for protesting against on the functioning of the government in the CAA. However, the majority remained in media” by checking “anti-national activities”. detention at the end of the year. On 20 October, the Jammu and Kashmir In December, Uttar Pradesh police government closed the office of the Kashmir arbitrarily arrested 10 Muslim men under a Times, without prior notice, after its editor, law introduced by the Uttar Pradesh Anuradha Bhasin, had challenged the Government that targets consensual interfaith communications blockade in the Supreme marriages, and allegedly tortured them. The Court. The NIA also raided the offices and legislation, which has been termed the “love residences of civil society activists including jihad” law by right-wing nationalists and Khurram Parvez and three of his associates, leading politicians, had not been approved by and Parveena Ahanger, who had reported the Indian Parliament or the state legislature. extensively on human rights abuses in Kashmir. The NIA alleged that the activists had raised funds for “carrying out

Amnesty International Report 2020/21 183 secessionist and separatist activities” in the Delhi police indiscriminately used water Jammu and Kashmir. cannons and fired tear gas shells, injuring During the nationwide lockdown imposed protesters. after the COVID-19 outbreak, more than 50 journalists were arrested or charged under UNFAIR TRIALS emergency laws for spreading The courts, particularly the Supreme Court, “misinformation” or “fake news”. On 7 April, failed to monitor the government’s response Uttar Pradesh police lodged a First to the COVID-19 crisis in a timely manner. Information Report (FIR) against journalist On 13 March, even before the national Prashant Kanojia for allegedly making lockdown was imposed, the Supreme Court “objectionable remarks” about Prime declared that the courts – for public health Minister Modi and Chief Minister Yogi reasons – would function at reduced Adityanath on social media. Shortly capacity. Between 23 March and 4 July, the afterwards, the Uttar Pradesh police Supreme Court only took up cases of registered another FIR against The Wire, a “extreme urgency”, barring physical hearings daily news website, and its editor Siddharth and relying on video conferencing facilities. Varadarajan for reporting that Yogi Adityanath No qualifying criteria or definitions were had attended a public religious event after laid down for cases of “extreme urgency”, the nationwide lockdown was announced. leaving judges with wide discretion, resulting On 28 September the government in many significant cases involving grave amended the Foreign Contribution human rights violations either not being (Regulation) Act (FCRA), banning large heard or being seriously delayed. On 3 April, NGOs from passing to grassroots NGOs funds the Bombay High Court, while hearing a bail received from foreign donors. The new application, maintained that the meaning of amendments also required all FCRA- the term “urgent” was subjective and did not, registered non-profit organizations to limit for example, apply to those seeking bail while their administrative expenses to 20% of awaiting the outcome of their trial. donations (from the earlier 50%). This The Supreme Court routinely undermined amendment was likely to force NGOs to its own impartiality and independence. In reduce staff, potentially reducing human August it convicted Prashant Bhushan, a rights work. lawyer and human rights defender, under the On 30 September, Amnesty International outdated provisions of criminal contempt India was forced to halt its operations after laws. Prashant Bhushan had criticized on the government froze its bank accounts Twitter the court’s functioning since 2014. without notice. The organization was forced to lay off all its staff and pause all its UNLAWFUL ATTACKS AND KILLINGS campaign and research work. This occurred In February, communal violence broke out in shortly after Amnesty International India had the capital, . According to published briefings demanding accountability government data, 53 people – mostly for grave human rights violations carried out Muslims – died in the riots, and more than by the Delhi police and the government 500 were injured. during the Delhi riots and in the Jammu and In the build-up to the Legislative Assembly Kashmir region. elections in Delhi, held on 8 February, several More than 160 farmers died after three political leaders made hate speeches against laws on farming were passed by Parliament the anti-CAA protesters. On 27 January, in August with minimal consultation. The referring to the protesters at Shaheen Bagh, causes of death included , as well as the Delhi epicentre of peaceful sits-ins heart attacks and road accidents during against the CAA, the Union Minister of State protests. In November, as the farmers for Finance, Anurag Thakur, encouraged the marched towards Delhi to protest the laws, crowd to chant “shoot the traitors of the

184 Amnesty International Report 2020/21 nation”. On 28 January, Parvesh Verma, breaching the lockdown guidelines. On 18 member of parliament for the ruling April in Uttar Pradesh, a Muslim man, (BJP) claimed that the Mohammed Rizwan, died in hospital two protesters from Shaheen Bagh would enter days after being beaten by police with batons citizens’ homes and “rape your sisters and when he went out to buy essential supplies. daughters and kill them”. In another speech On 19 June, low-income workers P. Jayaraj on the same day, he promised to “not leave and his son J. Bennicks were picked up for even one of [the mosques] standing” after questioning by the Thoothukudi police in the BJP’s election win in Delhi. Tamil Nadu for keeping their small shop open These speeches were followed by violence during lockdown. The two men were allegedly on university campuses against those tortured to death in police custody. protesting against the CAA. Hate speeches by political leaders continued after the Delhi IMPUNITY elections, followed by widespread violence in The police continued to carry out unlawful the North East district of Delhi. killings – some amounting to extrajudicial On 23 February, BJP leader executions – with impunity. In July in called on Twitter for people to rally against a Kashimr, three young labourers in an apple women-led protest in Jaffrabad in North East orchard were unlawfully killed by members of district of Delhi, urging people to “prevent the Indian army. The Armed Forces (Special another Shaheen Bagh”. At the rally, he Powers) Act, which governs the use of force warned the police of dire consequences if the by security personnel in Kashmir, grants protesters did not vacate the site. Communal virtual immunity to members of the security violence erupted shortly after his speech. forces from prosecution for alleged human rights violations. In another extrajudicial EXCESSIVE USE OF FORCE execution in July, Vikas Dubey was allegedly The police used unlawful force and killed while being escorted to the city of committed various other human rights Kanpur after his arrest by Uttar Pradesh violations, abusing laws to intimidate people police. Four of his associates were also killed and silence dissent on behalf of the union unlawfully by the Uttar Pradesh police. Uttar government. Pradesh police had earlier claimed in a During the February communal violence in tweet that since 2017 it had killed 103 Delhi, members of the Delhi police pelted “criminals” and injured 1,859 others in stones alongside rioters, tortured people in 5,178 “police engagements” – a common custody, dismantled sites of peaceful protest euphemism used by state actors for alleged and stood by as rioters attacked peaceful extrajudicial executions. protesters and destroyed public and private Hate crimes including violence against property. No independent investigation was , Adivasi (Indigenous) communities and launched into these acts. religious minorities were also committed with As the COVID-19 pandemic unfolded, the impunity. In September, a Dalit woman was discriminatory enforcement of the lockdown allegedly raped and murdered by a group of restrictions by the police heightened human dominant-caste men in Hathras district in rights concerns. The majority of those Uttar Pradesh, and cremated by the Uttar arrested for violating the lockdown guidelines Pradesh police without her family's consent. belonged to marginalized communities such The accused men were arrested only after as Scheduled , Scheduled Tribes, De- nationwide protests. Later, several FIRs were notified Tribes, Muslims or low-income registered by the Uttar Pradesh police against workers. In March, migrant workers who were protesters for criminal conspiracy and travelling back home were forced by the Uttar sedition. Pradesh police to crawl on the road carrying their belongings, as punishment for

Amnesty International Report 2020/21 185 including a four-year-old child who died of RIGHT TO HEALTH AND LIVELIHOOD hunger. The handling of the COVID-19 pandemic During the lockdown, workers in the exposed weaknesses in the public health informal sector – who constitute more than care system. It also resulted in unsafe and three-quarters of India’s workforce – faced poor working conditions for those who lack enormous difficulties due to rampant job adequate social and economic protection, losses. However, many states suspended the such as community health care workers and legal protections otherwise afforded to religious minorities. workers, such as regulation of working hours, The government accused members of the the right to form trade unions, and safe Muslim Tablighi Jamaat minority of spreading working conditions. COVID-19, and as a result, health care The COVID-19 lockdown resulted in an facilities denied access to Muslims. Instances increase in violence against women, of hospitals refusing Muslim pregnant women particularly domestic violence. Pregnant and cancer patients surfaced in April 2020. women and girls faced further barriers In the months following the nationwide accessing health care, and there was an lockdown of March, social media and increased risk of maternal mortality and WhatsApp groups were flooded with calls morbidity. for social and economic boycotts of Muslims, alongside fake news stories and other RIGHT TO PRIVACY misinformation. In April, the government launched the mobile The COVID-19 pandemic overburdened app , purportedly to speed up the public health care system, but little contact tracing and ensure timely access to protection was provided to front-line health essential health services and public health workers in terms of safety equipment and information. No information was provided on social security such as medical and life which government bodies would have access insurance. These included people working in to the data collected through the app. the community, such as Accredited Social Aarogya Setu’s code was not open to the Health Activist workers and sanitation public, in violation of the government’s own workers. policy. Although the Ministry of Electronics The Supreme Court delayed a hearing in a and Information Technology maintained that public interest case urgently seeking downloading the app was not mandatory, transport, food and shelter for migrant many government departments and private workers who were left stranded for over a companies, including the Airport Authority of month by the sudden imposition of the India, made it mandatory for their staff to lockdown. On 7 April, as many migrant install it. workers were walking to their distant homes in the absence of government-sponsored or public transport, India’s Chief Justice, S.A. Bobde, stated while hearing the petition that INDONESIA the Supreme Court “did not want to interfere Republic of Indonesia with the government decisions for the next Head of state and government: President 10-15 days”. At least 200 migrant workers were killed in road accidents while walking long distances home in other or Many health workers did not have access to states during the lockdown. In May, after adequate personal protective equipment or intense public pressure, the government COVID-19 tests. The right to freedom of began running special trains for stranded expression was curtailed with the issuance migrant workers. However, many died from a of a directive by the National Police lack of food and water on these trains, criminalizing criticism of the government’s

186 Amnesty International Report 2020/21 response to the pandemic. An increasing COVID-19 cases. A doctor from Flores number of people were imprisoned solely reported in April that doctors needed to wash for expressing their opinions or organizing and iron disposable surgical masks and re- peaceful protests. Unidentified parties use them since they had run out of stock.1 digitally intimidated academics, students, Health workers and their families had activists, human rights defenders, social difficulties accessing COVID-19 swab tests justice leaders and journalists, trying to and had to pay for them.2 They also silence their critical voices. Several experienced discrimination because of their journalists filed police complaints in occupation. The chairperson of the August; investigations remained pending at Indonesian Nurses Association said people year’s end. At least 35 prisoners of feared that medical workers could transmit conscience remained imprisoned. Security the virus. At least 19 health care workers forces committed human rights violations were evicted from and refused entry to their against people in Papua and West Papua, boarding houses in the period from 22 March largely with impunity. The House of to 16 April. Unable to find alternative Representatives dropped the Sexual accommodation, some medical workers were Violence Eradication Bill from its priority forced to stay at the hospital where they list. The LGBTI community remained under worked. threat following misleading statements made by several public officials on grounds RIGHT TO INFORMATION of “morality”. In March, following the government’s confirmation of the first two COVID-19 cases BACKGROUND in the country, the Health Ministry decided Indonesia officially recorded 22,138 against disclosing important data on COVID-19 deaths nationwide (82 per COVID-19 transmission chains, such as 100,000 population) at year’s end, making it contact tracing and the travel history of the country with the third-highest fatalities suspected cases, claiming that doing so was rate in Asia. The pandemic and the likely to create widespread panic and an government’s response had significant impact on law and order. human rights consequences, particularly with Officials acknowledged that government regard to the rights of health workers, the reporting on the virus outbreak was right to information, labour rights and the inadequate. In April, the spokesperson for right to freedom of expression. Indonesia Indonesia’s National Disaster Mitigation failed to place the protection of human rights Agency stated that it was unable to provide at the centre of its prevention, preparedness, accurate data as the Health Ministry’s containment and health care policies and statistics did not match the figures as activities. reported by provincial administrations and that the Ministry’s data was incomplete. RIGHT TO HEALTH The government was not transparent in Health workers releasing data relating to the number of At year’s end, at least 504 health workers health workers infected by COVID-19 and had died either because of COVID-19 or where they worked. The Indonesian Medical sometimes exhaustion due to long working Association criticized the government and hours. In March the chairperson of the requested that data regarding COVID-19 Indonesian Doctors Association stated that patients be made available to the relevant health workers treating COVID-19 patients medical authorities in order to facilitate did not have adequate personal protective contact tracing and treatment. equipment (PPE). The slow distribution of PPE, especially in outlying regions, did not keep pace with the continued increase of

Amnesty International Report 2020/21 187 messages and, in the case of students WORKERS’ RIGHTS holding discussions on politically sensitive The COVID-19 pandemic had a negative topics, intervention by university leadership. impact on workers’ rights, through: Digital attacks also targeted alternative termination of employment; threats of wage media groups, including the online feminist cuts and holiday allowance cuts by newsgroups Magdalene and Konde. The employers in sectors badly affected by the personal information of one of Magdalene’s pandemic; and problematic physical journalists was hacked online and she was distancing and work-from-home policies. harassed by unidentified people who sent her The President announced the need for pornographic pictures and demeaning physical distancing and work-from-home statements about women.4 Several of those policies on 14 March, but employers in some attacked and harassed filed police sectors not classified as essential complaints; investigations remained pending nevertheless required the physical presence at year’s end. of workers. In some cases, employers threatened to cut workers’ wages and/or their FREEDOMS OF ASSEMBLY AND annual leave if they did not attend work. ASSOCIATION Informal workers in delivery services, Prisoners of conscience garment and restaurants continued The authorities continued to prosecute to work during the pandemic. The people participating in peaceful political government failed to hold employers in these activities, particularly in regions with a history sectors accountable when they did not of pro-independence movements such as provide handwashing facilities or masks, or Papua and , using the Criminal Code impose a physical distancing policy. and its makar (rebellion) provisions. At year’s In October, the Parliament adopted a new end, at least 48 Papuan prisoners of jobs law (Omnibus law) that weakened conscience and 10 from Maluku were still protection of workers’ rights including by imprisoned. They were charged with rebellion removing provisions relating to the maximum even though they had held peaceful protests time limit of temporary work contracts, and did not commit any internationally amending the minimum wage formula, and recognized criminal offence. increasing the limit on overtime work.3 On 25 April, the authorities arrested seven activists from the Republic of South Maluku FREEDOM OF EXPRESSION movement for conducting a peaceful The authorities cracked down on public “Benang Raja” flag-raising ceremony on the criticism of the government’s response to the 70th anniversary of its founding. On 23 COVID-19 pandemic. On 4 April, National March, the military instructed every Police Headquarters issued Telegram Letter household in Maluku to raise Indonesia’s No. ST/1100/IV/HUK.7.1/2020, instructing national flag. the police to monitor cyberspace and to take In September 2019, seven Papuans who action against “hoax spreaders” and those had been arrested in Jayapura for joining who insulted the President and his peaceful anti-racism protests in support of administration. At least 57 people were Papuan university students in Surabaya, East arrested on charges of spreading “false , were eventually released from jail in news” and insulting the President and his Balikpapan, where they had been moved for administration. security reasons. On 17 June, judges at the Unknown parties digitally intimidated Balikpapan District Court, East Kalimantan, academics, students, activists and journalists convicted and sentenced them to between in attempts to instil fear and silence critical 10 and 11 months’ imprisonment for their voices. The intimidation took many forms, involvement in anti-racism protests. When including threats of physical violence via text they had completed their sentences including

188 Amnesty International Report 2020/21 time served, they were refused normal Central Kalimantan arrested six Indigenous financial assistance from the authorities as villagers, including the social justice leader of the Attorney General’s Office claimed it had the Laman Kinipan community, Effendi no money to pay for their return to Papua. Buhing, for defending a customary forest against the expansion of PT Sawit Mandiri HUMAN RIGHTS DEFENDERS Lestari, a palm oil company. The police Human rights defenders and social justice arrested them for theft but observers agreed leaders (mostly community leaders working the arrests were linked to the growing on forced evictions and other land rights resistance against forced evictions by palm issues) continued to face threats, attacks, oil companies. Between January and August, intimidation and arbitrary prosecution for at least 29 Indigenous rights defenders and their legitimate activities. Authorities social justice leaders were subjected to frequently arrested critics as a tactic to detention, physical violence and intimidation. silence them. There was still no accountability for past Between February 2019 and 21 violations against human rights defenders, September 2020, Amnesty International including the cases of Fuad Muhammad recorded that at least 201 human rights Syafruddin (Udin), Wiji Thukul , Marsinah defenders and social justice leaders were and the prominent human rights activist victims of human rights abuses, both offline (Munir). and online. They were harassed and intimidated simply for criticizing the HUMAN RIGHTS VIOLATIONS IN PAPUA government or discussing politically sensitive AND WEST PAPUA issues such as human rights violations and Human rights groups reported unlawful abuses in Papua. The online intimidation killings and other serious human rights took many forms, including credential theft of violations by security forces, primarily WhatsApp accounts, spam calls from excessive use of force. Between February unidentified international numbers, and 2018 and August 2020, 47 cases of digital harassment such as intrusions during suspected unlawful killings by security forces online discussions, particularly on the issue were recorded, involving 96 victims. In 15 of Papua. cases, the alleged perpetrators were police On 5 June, a webinar held by Amnesty officers ; in 13 cases, they were members of International to discuss racism in Papua was the Indonesian military; and in 12 cases, disrupted by spam calls and intrusions. members of both the police and the military Robocalls from three unidentified foreign were allegedly involved. numbers bombarded three speakers during On 19 September, Yeremia Zanambani , the discussion. the chief of the Indonesian Evangelical In August, the Endowment Fund for Christian Church in the district of Hitadipa, Education, a government-funded scholarship Intan Jaya, Papua, was killed. The police and programme under the coordination of the military stated that an armed group was Indonesian Finance Ministry, asked Veronica behind his death. Local activists in Papua, Koman, a human rights lawyer who was who were in close communication with the documenting human rights violations in priest’s family, rejected this claim and alleged Papua, to return scholarship money for her the military shot Yeremia during a search for master’s degree studies.5 Over the previous members of the armed group suspected of two years she had faced harassment, killing two military officers.6 During the intimidation and threats, including of death military operation, numerous local people fled and rape, and was living in exile in Australia. their homes to nearby forests or sought Land disputes involving local communities refuge in the surrounding area. and corporations were characterized by Successive governments have limited human rights violations. In August, police in international human rights observers’ access

Amnesty International Report 2020/21 189 to Papua. Investigations into reports of 2. Indonesia: Unprotected, overworked, ailing Indonesian health workers unlawful killings by security forces in Papua face avalanche of COVID-19 cases (Press release, 11 September) were rare.7 3. Indonesia: ‘Catastrophic’ Omnibus Bill on job creation passed into law (Press release, 5 October) WOMEN’S RIGHTS 4. Indonesia: End wave of digital attacks on students, journalists and activists (ASA 21/2536/2020) Data from the National Commission on 5. Indonesia: Financial punishment against human rights defender Violence against Women indicated that, as of shows no respect for freedom of expression (Press release, 14 July, there was a 75% increase in reports of August) sexual violence against women during the 6. Indonesia: Investigate killing of priest in Papua (Press release, 23 pandemic. September) There was no comprehensive legal 7. Indonesia: Civil and political rights violations in Papua and West umbrella covering all forms of sexual Papua (ASA 21/2445/2020) violence. The Indonesian Criminal Code 8. Indonesia: Men accused of holding ‘gay party’ face 15 years in jail narrowly defines sexual violence as including (Press release, 3 September) rape and “adultery” (in contravention of international law), and provides for limited protection of survivors. On 2 July, the House IRAN of Representatives officially dropped the Sexual Violence Eradication Bill from the Islamic Republic of Iran priority list of the national legislation Head of state: Ali Khamenei (Supreme Leader) programme. This undermined the adoption of Head of government: Hassan Rouhani (President) a comprehensive legal framework that can guarantee prosecution of perpetrators and The authorities heavily suppressed the offer appropriate protection to survivors of rights to freedom of expression, association sexual violence. and assembly. Security forces used unlawful force to crush protests. The authorities RIGHTS OF LESBIAN, GAY, BISEXUAL, continued to arbitrarily detain hundreds of TRANSGENDER AND INTERSEX (LGBTI) protesters, dissidents and human rights PEOPLE defenders, and sentenced many to Harassment, intimidation, attacks and imprisonment and flogging. Women, as well discrimination against LGBTI people as ethnic and religious minorities, faced continued. The media reported inflammatory, entrenched discrimination as well as inaccurate and misleading statements made violence. Enforced disappearances, torture by public officials on the grounds of and other ill-treatment were committed with defending the country’s public morality. Both impunity on a widespread and systematic state and non-state actors were responsible basis. Judicial corporal punishments for acts of violence as well as issuing threats, amounting to torture, including floggings intimidation and other types of harassment of and amputations, were imposed. Fair trial LGBTI individuals. rights were systematically violated. The On 1 September, police in the capital, death penalty was used as a weapon of , raided a private gathering of men in political repression. Executions were carried an apartment in South Jakarta. Nine people out, one in public and some others in were arrested and charged with “facilitating secret. Those executed included people obscene acts” under the pornography law, aged under 18 at the time of the crime. The which carries a sentence of up to 15 years’ authorities continued to commit crimes imprisonment.8 against humanity by systematically concealing the fate and whereabouts of several thousand political dissidents 1. Indonesia: COVID-19 and its human rights impact in Indonesia (ASA 21/2238/2020) forcibly disappeared and extrajudicially executed in secret in 1988. Mass graves

190 Amnesty International Report 2020/21 believed to contain their remains were rights activists, conservationists, anti-death subject to ongoing destruction. penalty campaigners and those demanding truth, justice and reparation for the mass BACKGROUND extrajudicial executions in the 1980s. On 8 January, amidst heightened tensions Hundreds of prisoners of conscience were following a US in Iraq that killed excluded from pardons and temporary Revolutionary Guards Commander Ghasem releases. Political dissidents Mehdi Karroubi, Soleimani, the Revolutionary Guards fired Mir Hossein Mousavi and Zahra Rahnavard missiles at a Ukrainian passenger plane in remained under arbitrary house arrest Iranian air space, killing all 176 people on without charge or trial. board. After an initial cover-up, the Iranian Throughout the year, the authorities authorities blamed “human error”. unlawfully closed the businesses or froze the Iran continued to provide military support bank accounts or assets of numerous to government forces in the armed conflict in journalists working with independent media Syria. outlets outside Iran, and of human rights The health care system was overwhelmed defenders and their families. They also by the COVID-19 pandemic; at least 300 subjected the children, older parents and health care workers reportedly died of the other family members of protesters, disease. journalists and human rights defenders to US-imposed sanctions continued to intimidation, interrogation or arbitrary arrest negatively impact the economy, with and detention in reprisal for their relatives’ detrimental consequences for the enjoyment journalistic or human rights work or their of economic, social and cultural rights. participation in protests. In March, the UN Human Rights Council In January, security forces used unlawful renewed the mandate of the UN Special force, including firing pointed pellets from Rapporteur on the situation of human rights airguns, rubber bullets and tear gas, and in Iran. The authorities did not grant him and using pepper spray, to disperse peaceful other UN experts or independent human protesters demanding justice for the rights observers entry to the country. Ukrainian plane crash victims. They also kicked, punched and beat protesters and FREEDOMS OF EXPRESSION, carried out scores of arbitrary arrests.1 ASSOCIATION AND ASSEMBLY In January and February, to quash The authorities heavily suppressed the rights independent reporting in the run-up to to freedom of expression, association and parliamentary elections, the authorities assembly. targeted journalists for arbitrary arrest and The Ministry of Interior as well as security detention, house searches and interrogations. and intelligence bodies continued to ban The authorities took measures to stop independent political parties, and human independent reporting on COVID-19 and rights and civil society groups. Censorship of silence criticism about their handling of the media and jamming of foreign satellite pandemic. The Ministry of Culture and television channels continued. Facebook, Islamic Guidance ordered media and Telegram, Twitter and YouTube remained journalists to use only official sources and blocked. statistics in their reporting. Cyber police Hundreds of people remained arbitrarily established a special task force to tackle detained for peacefully exercising their “cyber rumours” and “fake news” related to human rights. Among them were protesters, COVID-19 on social media; and scores of journalists, media workers, political journalists, social media users, health care dissidents, artists, writers and human rights workers and others were arrested, defenders, including lawyers, women’s rights summoned for questioning or given warnings. defenders, labour rights activists, minority In April, Rahim Yousefpour, a doctor from

Amnesty International Report 2020/21 191 Saqqez, , was charged infestations, placing them at greater risk of with “spreading propaganda against the COVID-19. system” and “disturbing public opinion” for Between February and May, the authorities his posts about COVID-19. temporarily released around 128,000 prisoners and pardoned another 10,000 in TORTURE AND OTHER ILL-TREATMENT response to COVID-19. Official letters leaked Torture and other ill-treatment remained in July revealed that the Ministry of Health widespread and systematic, especially during ignored repeated requests from the Prisons interrogation. Organization for additional resources, Iran’s police, intelligence and security including disinfectant products and medical forces, and prison officials subjected and protective equipment. Some prisoners detainees to prolonged solitary confinement, complained about the authorities’ improper beatings, floggings, stress positions, forced use of bleach to disinfect surfaces, administration of chemical substances and exacerbating poor air quality and leading to electric shocks.2 Prison and prosecution severe coughs, chest tightness and asthma authorities also deliberately denied prisoners attacks. of conscience and other prisoners held for In March and April, prisoners across the politically motivated reasons adequate health country waged hunger strikes, protests and care.3 riots to protest the authorities’ failure to The Penal Code continued to provide for protect them from COVID-19. Authorities corporal judicial punishments amounting to responded with unlawful force, resorting to torture, including flogging, blinding, beatings and firing live ammunition, metal amputation, and . pellets and tear gas to suppress protests. As At least 160 people were sentenced to a result, on 31 March, in Sheiban prison in flogging, according to the Abdorrahman , Khuzestan province, several Ahwazi Boroumand Center, for theft and assault as Arab prisoners were killed and many others well as for acts that are protected under were injured. international human rights law, such as participating in peaceful protests, engaging in ENFORCED DISAPPEARANCES extramarital or consensual same-sex Authorities subjected many detainees, relationships and attending mixed-gender including prisoners of conscience, to parties. In many cases, flogging sentences enforced disappearance, holding them in were carried out. undisclosed locations and concealing their In one prison alone in Urumieh, West fate and whereabouts from their families. The Azerbaijan province, at least six people were authorities continued the pattern of executing at risk of amputation. members of ethnic minorities on death row in Several men died in custody in suspicious secret and concealing the whereabouts of circumstances, with photo and video their bodies, thereby subjecting their families evidence indicating that at least two of them to the ongoing crime of enforced were tortured before their deaths, including a disappearance. juvenile offender who died in April. Several Ahwazi Arab prisonersremained forcibly disappeared. RIGHT TO HEALTH The authorities continued to commit the Prisoners crime against humanity of enforced Conditions in many prisons and detention disappearance by systematically concealing facilities remained cruel and inhuman. the fate and whereabouts of several thousand Prisoners suffered from overcrowding, limited political dissidents who were forcibly hot water, unsanitary conditions, inadequate disappeared and extrajudicially executed in food and drinking water, insufficient beds secret in 1988 and destroying unmarked and bathrooms, poor ventilation and insect

192 Amnesty International Report 2020/21 mass gravesites believed to contain their women’s rights defendersremained in prison remains. for campaigning against forced veiling. Security and intelligence forces threatened The authorities failed to criminalize victims’ families with arrest if they sought domestic violence, marital rape, early and information about their loved ones, forced marriage and other gender-based conducted commemorations or spoke out. violence against women and girls, which remained widespread. UNFAIR TRIALS The legal age of marriage for girls stayed at Fair trial rights were systematically violated in 13, and fathers and grandfathers could the criminal justice system. obtain permission from courts for their Authorities continued to systematically daughters to be married at a younger age. deny individuals facing national security- According to official figures, about 30,000 related charges access to a lawyer at the girls under the age of 14 are married every investigation stage. In some cases, access year. was even denied at trial. Some defendants The authorities failed to take steps to end were tried in their absence because impunity for men who kill their wives or authorities failed either to notify them of their daughters and to ensure accountability trial dates or transfer them from prison to proportionate to the severity of these crimes. court. In June, Council approved a Many trials took place behind closed new law for the protection of children, but doors. Revolutionary Court judges showed which did not contain protections against so- hostility towards defendants during court called honour killings, child marriage and proceedings and treated the accusations of marital rape. intelligence and security bodies as pre- The government continued its review of established facts. the long-standing bill aimed at protecting Forced “confessions” obtained under women against violence. The delay was torture and other ill-treatment were broadcast attributed to changes made by the judiciary on state television prior to trials and were during its review, which considerably consistently used as evidence by courts to weakened protections. issue convictions, even when defendants retracted them. DISCRIMINATION Convictions and sentences were often Ethnic minorities upheld on appeal without hearings taking Ethnic minorities, including Ahwazi , place. Azerbaijani Turks, Baluchis, and Courts frequently refused to provide those Turkmen faced entrenched discrimination, convicted of national security charges with a curtailing their access to education, copy of written judgments. employment, adequate housing and political office. Continued under-investment in DISCRIMINATION AND VIOLENCE minority-populated regions exacerbated AGAINST WOMEN AND GIRLS poverty and marginalization. Despite Women continued to face entrenched repeated calls for linguistic diversity, Persian discrimination in law, including in relation to remained the sole language of instruction in marriage, divorce, employment, inheritance primary and secondary education. and political office. Members of minorities who spoke out The “morality” police and vigilantes, against violations or demanded a degree of enforcing the country’s discriminatory and regional self-government were subjected to degrading forced veiling laws, continued to arbitrary detention, torture and other ill- subject millions of women and girls to daily treatment. The authorities criminalized harassment and violent attacks amounting to peaceful advocacy of separatism or torture and other ill-treatment. Several federalism and accused minority rights

Amnesty International Report 2020/21 193 activists of threatening Iran’s territorial Only Shi’a Muslims were allowed to hold integrity. key political positions. Members of religious Several Azerbaijani Turkic activists were minorities, including Baha’is, Christians, sentenced to imprisonment and flogging in Gonabadi Dervishes, Yaresan (Ahl-e Haq) connection with the November 2019 protests and converts from Shi’a Islam to and peaceful activism on behalf of the or faced discrimination, including Azerbaijani Turkic minority, and two had their in education and employment, as well as flogging sentences carried out. arbitrary arrest and imprisonment, torture reported that the authorities and other ill-treatment for practising their restricted expressions of , faith. including dress and poetry. In October, a Christian man was flogged Iran's border guards continued to 80 times in for drinking unlawfully shoot scores of unarmed Kurdish Holy Communion wine. kulbars who work, under cruel and inhumane Followers of the Erfan-e Halgheh spiritual conditions, as cross-border porters between doctrine were arbitrarily detained. the Kurdistan and Iraq, killing The authorities continued to commit at least 40 men and injuring dozens of widespread and systematic human rights others, according to Kurdish human rights violations against members of the Baha’i organizations. minority, including forcible closure of Many Baluchi villagers in the impoverished businesses, confiscation of property, bans on province of Sistan and Baluchestan were employment in the public sector, denial of denied their right to sufficient, physically access to higher education and hate speech accessible and safe water due to particularly campaigns on state media. poor infrastructure. They were forced to rely Raids on house churches persisted. on unsafe sources of water such as rivers, Sunni Muslims continued to face wells, ponds and water pits inhabited by restrictions on establishing their own crocodiles for drinking and domestic use. mosques. Several people, including children, drowned while fetching water, including an eight-year- DEATH PENALTY old girl from Jakigoor village where the water The death penalty was increasingly used as a supply was cut for a week in August. Some weapon of political repression against local officials blamed victims for failing to protesters, dissidents and members of take precautions. Many residents in the minority groups.4 province also experienced poor access to Scores of protesters were charged with electricity, schools and health facilities due to “enmity against God” (moharebeh) and under-investment. “spreading corruption on earth” (efsad f’il arz), which carry the death penalty. Several FREEDOM OF RELIGION AND BELIEF protesters were sentenced to death following Freedom of religion and belief was unfair trials which relied on torture-tainted systematically violated in law and practice. “confessions.” The authorities continued to impose on In December, and journalist people of all faiths, as well as atheists, codes Ruhollah Zam was executed in connection of public conduct rooted in a strict with his anti-establishment social media news interpretation of Shi’a Islam. The authorities channel, Amad News. refused to recognize the right of those born to Executions were carried out after unfair Muslim parents to convert to other religions trials. One victim was executed in public and or become atheists, with individuals seeking others were in secret. Those executed to exercise this right risking arbitrary included people who were under 18 at the detention, torture and the death penalty for time of the crime. “apostasy.”

194 Amnesty International Report 2020/21 A disproportionate number of those executed were members of Iran’s Kurdish 1. Iran: Scores injured as security forces use unlawful force to crush protests (Press release, 15 January) and Baluchi minorities. 2. Iran: Trampling humanity – Mass arrests, disappearances and The death penalty was maintained for torture since Iran’s November 2019 protests (MDE 13/2891/2020) consensual same-sex sexual conduct. 3. Iran: Tortured prisoners in need of medical care (MDE 13/2237/2020) Stoning remained a method of execution for those convicted of adultery. 4. Iran: Two Kurds executed amid increasing use of death penalty as weapon of repression (Press release, 15 July) 5. Iran: Details of 304 deaths in crackdown on November 2019 protests IMPUNITY (MDE 13/2308/2020) No public official was investigated or held accountable for crimes of unlawful killings, torture and enforced disappearance or other grave human rights violations. IRAQ Judicial authorities failed to conduct Republic of Iraq independent and transparent investigations Head of state: Barham Ahmed Salih into the use of lethal force by law Head of government: Mustafa Al-Khadhimi (replaced enforcement officials against individuals who Adil Abdul-Mahdi in May) posed no imminent threat to life or serious injury. Impunity prevailed for past and ongoing Dissent continued to be severely repressed crimes against humanity related to the 1988 through excessive use of force against prison massacres, with many of those protesters, arbitrary arrests, torture and involved continuing to hold top judicial and other ill-treatment, unlawful killings, government positions, including the current enforced disappearances and attacks on Head of the Judiciary and the Minister of freedom of expression. Security forces Justice. killed at least 600 protesters by using live In May, Iran’s border guards detained ammunition and other excessive force dozens of Afghan nationals, including during demonstrations that started in children, who had crossed the border into October 2019. Unidentified gunmen Iran to find work, beat them and forced them believed to be militia members targeted at gunpoint into the Hariroud river, which tens of activists, and killed, abducted and flows along the border with Afghanistan. subjected dozens to enforced Several drowned as a result. The authorities disappearance – at least six remained denied any responsibility. disappeared. Kurdistan Regional The authorities continued to cover-up the Government (KRG) security forces violently real death toll of people killed during the dispersed protests and arrested scores of November 2019 protests, and publicly protesters. Restrictions of movement and praised security and intelligence forces for other measures to prevent the spread of their role in the crackdown. In May, the COVID-19 adversely impacted internally authorities announced, for the first time, that displaced people (IDPs). The authorities around 230 people were killed during the resumed the closure of camps, closing at protests, including six members of the least 10, subjecting thousands of people to security forces. Amnesty International secondary displacement and impeding their documented the details of 304 men, women access to humanitarian aid. IDPs with and children who were killed by security perceived ties to the armed group calling forces during the protests, but the real itself the Islamic State (IS) continued to be number of deaths is likely to be higher.5 subjected to and remained at risk of arbitrary detention and enforced disappearance. Thousands of others remained missing after being

Amnesty International Report 2020/21 195 subjected to enforced disappearance by On 7 May, a new central government was Iraqi security forces – including the Popular formed, headed by Mustafa Al-Kadhimi. Mobilization Units (PMU) – while fleeing On 15 June, Turkey’s Ministry of National IS-held territories. Killings of women were Defence announced Operations Claw-Eagle reported in the media. Yezidi children and and Claw-Tiger, targeting members of the women who survived IS enslavement faced Kurdistan Workers Party and Free Life of significant difficulties in accessing rights Kurdistan (PJAK) in the north of the KR-I. It and reparations. IS resumed military subsequently carried out air strikes in the operations against civilians and military KR-I, reportedly killing at least five Kurdish targets, carrying out bomb attacks in cities civilians. Intermittent Iranian shelling and assassinating community leaders. targeting PJAK members inside the KR-I continued throughout the year. BACKGROUND In March, to curb the spread of COVID-19, EXCESSIVE USE OF FORCE Iraq banned entry to travellers from several Iraqi security forces continued to use countries, closed its border with Iran and excessive and unlawful force against largely imposed a nationwide lockdown for two peaceful protests that had started in 2019. weeks. Intermittent nationwide lockdowns Security forces used live ammunition and followed throughout the year. Similar military-grade tear gas grenades, killing measures were imposed in the Kurdistan dozens of protesters in Baghdad, Basra, Region of Iraq (KR-I). Karbala, Diyala, Najaf and Nasriya. A PMU Nationwide protests that began in October faction also used live ammunition against 2019, calling for better employment anti-government protesters in Basra, killing at opportunities and public services, and an least one person and injuring four others. end to government corruption, continued in the first months of 2020 until they were Arbitrary arrests and detentions, and torture temporarily halted by the outbreak of and other ill-treatment COVID-19. Smaller protests resumed in May, Federal security forces continued to most notably in the cities of Baghdad, Basra arbitrarily arrest activists and protesters, and Nasriya. Protesters demanded arresting thousands of protesters in the first accountability for violations by security two months of the year alone. By June, most forces, including killings and enforced protesters had been released. disappearances of protesters. In January in Baghdad, armed members In the KR-I, protests were held throughout of Iraq’s Presidential Guard beat protesters, the year over delayed or unpaid salaries to including children, and arrested others. In civil servants. Basra, security forces violently dispersed By the end of June 2020, over 4.7 million protesters, with some children being beaten IDPs had returned to their areas of origin. until they lost consciousness. Other However, returns decreased overall through protesters were subjected to ill-treatment that the second quarter of 2020, partly due to could amount to torture.1 In May, security COVID-19 restrictions, and more than 1.2 forces arrested at least three people, one of million remained displaced, 207,000 of them them under the age of 18, as they were in camps, 97,600 in critical shelters and heading to protests in Baghdad’s al-Khilani 915,000 in secondary or informal settlements square, and beat and sexually assaulted such as unfinished or abandoned buildings them, according to medical workers. The in several governorates. Prime Minister ordered the arrest of On 3 January, a US drone strike in members of the security forces who had Baghdad killed Iranian general Ghasem been near where the incident occurred. Soleimani in a targeted attack.

196 Amnesty International Report 2020/21 FREEDOM OF EXPRESSION AND UNLAWFUL KILLINGS AND ENFORCED ASSEMBLY IN THE KR-I DISAPPEARANCES KRG security forces raided and shut down Throughout the year, unknown gunmen and news outlets in the governorates of Dohuk PMU members targeted activists for and Erbil, confiscating equipment and assassination or abduction, killing at least 30 beating and arresting journalists who had in Baghdad, Nasriya and Basra. Attempts been covering protests. were made on the lives of more than 30 On 7 October, local police and KRG others, who escaped with injuries. By the end security forces raided the home of journalist of the year, 56 activists had been subjected Sherwan Sherwani in Erbil and arrested him to enforced disappearance. Those subjected at gunpoint without explanation. He was held to enforced disappearance during the 2019 incommunicado until 26 October and the protests remained missing, including human next day he was finally able to meet his rights lawyer Ali Jaseb Hattab, who was lawyer. The KRG authorities later stated that abducted by PMU members in the southern he was facing charges of “endangering city of Amarah on 8 October 2019. public safety” under the Iraq Penal Code. IDPs, including children, with perceived KRG security forces, accompanied by affiliation to IS were subjected to enforced armed men in civilian clothes, also dispersed disappearance after their arrests at protests. In May, in the city of Dohuk in the checkpoints, camps and in their areas of KR-I, they violently dispersed a gathering of origin. Thousands of men and boys were still teachers and civil servants protesting against missing after being arbitrarily detained for delayed payment of salaries, arresting at least suspected links to IS and subjected to 167 protesters and media workers. Most enforced disappearance by central Iraqi were released the same day or the following forces while fleeing IS-held areas between week, but at least five remained in detention 2014 and 2018. They included hundreds after the local authorities charged them who had been subjected to enforced under Article 2 of KR-I Law No. 6 of 2008 for disappearance in Anbar governorate. “the misuse of electronic devices” for their role in organizing the protest. The KRG IMPUNITY initially said it had dispersed the protest The newly appointed Prime Minister ordered because the protesters had failed to obtain a investigations into the killing and injuring of permit to hold the event, but subsequently protesters since 1 October 2019, promising cited COVID-19 measures as the reason. All compensation for their families. However, by those detained were eventually released on the end of the year, no results of these bail. However, in August, one of the protest investigations had been made public, fuelling organizers was arrested along with his son intermittent protests across the country. from their home.2 In May, the Prime Minister ordered the In December, protests broke out in closure of the headquarters of a PMU faction Sulaymaniyah and other areas of the KR-I in Basra and the arrest of PMU members the against unpaid wages and corruption. morning after an attack on protesters in the Kurdistan authorities met protesters with city. excessive force, leading to the death of tens In September, the Prime Minister ordered of protesters, some as young as 17. counter-terrorism forces to rescue an Authorities also arrested and released several abducted activist in the city of Nasriya, but activists and journalists, while also severely the activist remained missing. restricting the internet and banning press coverage of the protests. INTERNALLY DISPLACED PEOPLE The authorities continued to close and consolidate IDP camps, subjecting thousands

Amnesty International Report 2020/21 197 of IDPs to secondary displacement. Some Lockdowns reduced the capacity of the IDPs were forcibly removed from tents, and Iraqi and KRG authorities to operate normally, electricity supplies were cut, in efforts to causing the closure of courts and civil status close the camps. These operations were directorates. This resulted in further delays in temporarily halted in March due to obtaining justice for many IDPs with restrictions of movement to prevent the perceived ties to IS, already facing spread of COVID-19 and resumed in administrative obstacles due to collective November. punishment. IDPs – mostly female-headed families – with perceived affiliation to IS, continued to RIGHTS OF YEZIDIS face obstruction, evictions and confiscation Iraq’s central government and the KRG fell and/or destruction of their homes when short of their obligations to respect and returning or attempting to return to their guarantee the rights to health, education, areas of origin. Security agents continued to legal identity and family of Yezidi child block and hinder their access to civil status survivors of IS as well as Yezidi women and documentation and, in some cases, arrested girl survivors of IS enslavement. lawyers who tried to help families obtain Hundreds of Yezidi children who had been these documents.3 abducted by IS, enslaved, forced to fight, Access to humanitarian assistance for raped and otherwise tortured, and subjected IDPs and returnees worsened after to other egregious human rights abuses, December 2019 when the authorities continued to face significant challenges after suspended the issuing of access letters and their return to what remained of their families visas to NGO workers. and relatives. Many were unable to re-enrol The KRG continued to prevent Arab IDPs in school and faced barriers to obtaining new originating from disputed territories to return or replacement civil status documents to their areas of origin. essential for accessing basic rights in Iraq. Psychosocial services and programmes Impact of COVID-19 restrictions available to them fell short of meeting these COVID-19 measures that restricted children’s rights and needs. movement and reduced humanitarian Many Yezidi women who had been workers’ presence in IDP camps adversely abducted by IS and given birth as a result of affected IDPs, who rely solely on rape were forced to separate from their humanitarian aid to survive, and left them children because of religious and societal further isolated. As a result, some IDPs lost pressures.4 their jobs outside the camps or were forced to leave the camps in order to keep their VIOLENCE AGAINST WOMEN AND GIRLS jobs. The COVID-19 lockdown exacerbated the Humanitarian aid workers reported that vulnerability of women and girls. Media and their programmes that did not support public civil society organizations reported an health services, particularly the prevention of increase in domestic violence, resulting in the the spread of COVID-19, were reduced. This deaths of women, and in one incident, severe adversely affected reconciliation efforts injuries to a young girl.5 essential to facilitate the safe return to their areas of origin of IDPs with perceived ties to UNLAWFUL KILLINGS IS. The move to virtual schooling meant Violent activity by IS, which had ceased since education completely stopped for many 2018, resumed in 2020 and targeted security displaced children as they did not have forces and a smaller number of civilians. access to the internet and electronic devices. Renewed IS military operations in several Lack of access to these devices similarly areas of Iraq were announced. IS activity affected urban children. killed at least tens of civilians during 2020.

198 Amnesty International Report 2020/21 At Baghdad airport in September, at least five children and two women were killed by a RIGHT TO HEALTH rocket apparently aimed at US personnel. A parliamentary committee established to Other diplomatic personnel, including a UN review the government’s initial handling of the convoy, and affiliated institutions in Baghdad pandemic − the Special Committee on and in the governorates of Najaf and Ninewa, COVID-19 Response − found it “totally were also targeted. No groups claimed disproportionate” that 56% of all deaths from responsibility for these attacks. COVID-19 were in nursing homes for older people. It recommended a public inquiry and DEATH PENALTY noted state over-reliance on institutional care Authorities continued to hand down death for older people. sentences and at least 50 men convicted of It also noted difficulties for those seeking terrorism were executed, according to international protection and living in the credible reports. Direct Provision system of shared accommodation, including challenges of physically distancing and self-isolating, as 1. Iraq: Protest death toll surges as security forces resume brutal repression (Press release, 23 January) well as for health care workers living in this 2. Iraq: Police arrests teacher and protest organizer: Badal Abdulbaqi system. Aba Bakr Barwari (MDE 14/2396/2020) It recommended an inquiry into meat 3. Iraq: Marked for life – displaced Iraqis in cycle of abuse and processing factories, the source of several stigmatization (MDE 14/3318/2020) outbreaks, with concerns about protection of 4. Iraq: Legacy Of terror: The plight of Yezidi child survivors of Isis (MDE workers from infection. It noted that workers 14/2759/2020) in this industry were particularly vulnerable to 5. Iraq: Open letter to Iraq's new Prime Minister (MDE 14/2290/2020) poor working conditions which could exacerbate the risks from COVID-19.

Spit hoods IRELAND There were concerns over An Garda Ireland Siochána’s (police) deployment of spit hoods Head of state: Michael D. Higgins to protect police from COVID-19 infection via Head of government: Micheál Martin (replaced Leo spitting. This was despite evidence that this Varadkar in June) device did not prevent aerosol transmission, potentially exacerbating the risk to police and The government response to COVID-19 the wider public.1 A particular concern was raised human rights concerns, including in their use on children and people with mental relation to the right to health, the health problems. enactment of emergency legislation without parliamentary oversight, and police use of STATE OVERREACH spit hoods. Increased numbers of people The Special Committee on COVID-19 accessed abortion services under the 2018 Response criticized emergency legislation law, but gaps remained. The European enabling the government to make regulations Committee for the Prevention of Torture was without Oireachtas (Parliament) review or critical of support available for prisoners approval. It also recommended that all with mental health problems. The proposed emergency measures be human government committed to replacing the rights-proofed. Direct Provision system of shared accommodation for those seeking SEXUAL AND REPRODUCTIVE RIGHTS international protection, and to holding a In June, the first annual report on the 2018 constitutional referendum on housing. legislation, which expanded lawful access to abortion services, showed 6,666 pregnant

Amnesty International Report 2020/21 199 people accessed abortion care in 2019, up government undertook to publish a policy from 32 in 2018. UK Department of Health document outlining its reform plans. and Social Care statistics published in June showed 375 women travelled from Ireland to RIGHT TO HOUSING access abortion services in England and The new government committed to Wales in 2019. This highlighted remaining scheduling a constitutional referendum on gaps and barriers, such as the lack of lawful housing. However, it was not clear if this access in cases of severe rather than fatal would propose enshrining a right to housing, foetal impairments. as had been recommended by the government-established Constitutional INTERNATIONAL SCRUTINY Convention in 2014. In November, the European Committee for the Prevention of Torture published the report RIGHTS OF SEX WORKERS of its 2019 periodic visit to Ireland. It A study published by HIV Ireland in welcomed the recent policy abolishing September found that the 2017 law solitary confinement, but recommended criminalizing the purchase of sex had a measures to ensure de facto solitary negative impact on the safety, health and confinement was addressed. Amongst its well-being of sex workers. concerns was the continued unsuitable In September, the government placing of immigration detainees in prison commissioned an independent expert to together with remand and convicted review the operation of this law. This law had prisoners, where in some cases they were also retained the criminal offence of ‘‘brothel- subjected to abuse and . While keeping’’, which continued to impact sex finding very good access to health care, the workers’ human rights. The report of this Committee noted poor conditions and review was expected in 2021. inadequate treatment in high support units for prisoners with mental health problems. 1. Gardai’s use of spit hoods may increase risk of spread of COVID-19 Another major concern was the rising (Press release, 25 June) number of homeless people with severe mental health problems ending up in prison. The Committee also found the complaints system available to prisoners not fit for ISRAEL AND THE purpose. OCCUPIED RIGHTS OF REFUGEES AND ASYLUM- SEEKERS PALESTINIAN Following longstanding concerns about poor living conditions, mental health impacts, isolation, and lack of dignity and privacy in TERRITORIES the Direct Provision system for State of Israel accommodating international protection Head of state: Reuven Rivlin seekers, the new government in June Head of government: committed to replacing it with a more human rights-compliant housing model. In October, a government-appointed Advisory Group Israel continued to impose institutionalized made recommendations for a long-term discrimination against Palestinians living approach to the provision of housing and under its rule in Israel and the Occupied support, as well as improvements in the Palestinian Territories (OPT). It displaced international protection process. The hundreds of Palestinians in Israel and the occupied West Bank, including East

200 Amnesty International Report 2020/21 Jerusalem, as a result of home demolitions plans following diplomatic deals with the and imposition of other coercive measures. United Arab Emirates and Bahrain in Israeli forces continued to use excessive September. The parliament was again force during law enforcement activities in dissolved in December, triggering another Israel and the OPT. Israeli forces killed 31 round of elections in three months’ time. Palestinians, including nine children, in the Israel imposed lockdown measures in OPT; many were unlawfully killed while March and in September to contain the posing no imminent threat to life. Israel spread of COVID-19, triggering waves of maintained its illegal blockade on the Gaza protests calling on the Prime Minister to step Strip, subjecting its residents to collective down. The measures allowed the Israel punishment and deepening the Security Agency (ISA) to use surveillance humanitarian crisis there. It also continued capabilities usually reserved for Palestinians to restrict freedom of movement of to trace COVID-19 infections. The Prime Palestinians in the OPT through Minister’s trial on corruption charges began checkpoints and roadblocks. The Israeli in May. authorities arbitrarily detained in Israel In February, the Palestinian armed group thousands of Palestinians from the OPT, Islamic Jihad fired around 80 rockets and holding hundreds in administrative mortar shells from the towards detention without charge or trial. Torture Israel, causing minor injuries to over 20 and other ill-treatment of detainees, people, after Israeli forces killed an Islamic including children, were committed with Jihad operative. The Israeli army carried out impunity. The authorities used a range of multiple airstrikes in Gaza, injuring 12 measures to target human rights defenders, Palestinians, according to the Palestinian journalists and others who criticized Israel’s Ministry of Health in Gaza. continuing occupation of the West Bank, In August and September, Israel launched Gaza Strip and Syrian Golan Heights. artillery and airstrikes against Gaza in Violence against women persisted, retaliation for incendiary balloons and kites especially against Palestinian citizens of launched from Gaza into Israel. Palestinian Israel. The authorities denied asylum- armed groups launched indiscriminate seekers access to a fair or prompt refugee rockets into Israel in response. status determination process. Conscientious In August, Israel launched airstrikes objectors to military service were against Hizbullah targets in Lebanon after it imprisoned. said that shots were fired from Lebanon into Israel. Israel also launched airstrikes against BACKGROUND Iranian and Hizbullah targets in Syria. Israel held parliamentary elections in March, In July, a district court rejected a case to the third in just over a year. In May, the two force the Ministry of Defense to revoke the largest parties in the Knesset, Likud and the export licence of spyware company NSO Blue and White alliance, reached a power- Group, dealing a blow to victims of unlawful sharing agreement that included an and targeted international surveillance. announcement that Israel would further annex territories in the occupied West Bank FORCIBLE TRANSFERS, FORCED starting in July 2020. This followed US EVICTIONS AND DEMOLITIONS President ’s announcement of Israel demolished 848 Palestinian residential his “deal of the century”, which included a and livelihood structures in the occupied formal extension of Israel’s sovereignty over West Bank, including East Jerusalem, the Jordan Valley and the vast majority of the displacing 996 people, according to the UN illegal settlements in the rest of the occupied Office for the Coordination of Humanitarian West Bank in exchange for land currently Affairs (OCHA). Israeli authorities said many inside Israel. Israel postponed the of the demolished buildings lacked Israeli-

Amnesty International Report 2020/21 201 issued permits, which are virtually impossible Adalah-The Legal Center for Arab Minority for Palestinians to obtain, or were in closed Rights in Israel, Israel maintains over 65 laws military zones. The law of occupation that discriminate against Palestinians. prohibits such destruction unless necessary Local Palestinian councils in Israel went on for military operations. strike to protest against discrimination in the In other cases, Israel confiscated distribution of the state budget for local residential and livelihood structures, councils. The vast majority of Palestinians in including some that were donated for Israel, comprising over 20% of the total humanitarian purposes. Israeli forces also population, live in around 139 towns and punitively demolished at least six Palestinian villages. They received only 1.7% of the state homes, leaving 22 people, including seven budget for local councils. children, homeless, according to B'Tselem. In August, Adalah and the Arab Center for Punitive demolitions constitute collective Alternative Planning filed a petition to the punishment and are prohibited under Israeli Supreme Court on behalf of 10 local international law. Palestinian councils and dozens of On 5 March, Israeli forces demolished the Palestinian citizens of Israel against homes of Walid Hanatsheh, in Ramallah, and government policy discriminating against Yazan Mughamis, in Birzeit, displacing six these communities in the distribution of Palestinians, after an Israeli court rejected a housing, construction and land development petition by the families against the punitive benefits compared to neighbouring Jewish demolition. On 11 March, Israeli forces communities that enjoy higher socio- punitively demolished the home of Qassam economic status and have access to such Barghouti in Kobar village near Ramallah. benefits. The three men are in prison in Israel for Israel continued to deny Palestinians from alleged involvement in an attack in August the West Bank and Gaza married to 2019 that killed an Israeli civilian and injured Palestinian citizens of Israel the right to two others outside Ramallah city in the nationality by enforcing the discriminatory occupied West Bank. Entry to Israel Law. Israeli settler organizations initiated, with In December, the magistrate court in the support of the Israeli authorities, forcible Krayot, near , rejected a petition for evictions of Palestinians from their homes in access to education by Palestinian citizens of East Jerusalem. Israel living in Karmiel, citing the OCHA estimated in December that around discriminatory Nation State Law. The decision 200 Palestinian households in the occupied said that establishing an school in the West Bank, including East Jerusalem, had town or funding transport for its Palestinian eviction cases pending against them, placing residents to study in Arabic schools in nearby 800 adults and children at risk of communities would undermine the town’s displacement. “Jewish character”. Israeli authorities demolished at least 29 In December, the Israeli Health Ministry residential and livelihood structures that began the distribution of COVID-19 vaccines belonged to Bedouin citizens living in that excluded the nearly 5 million “unrecognized” villages in the Negev/Naqab, Palestinians who live under Israeli military according to the Negev Coexistence Forum, occupation in the West Bank and Gaza Strip. an Israeli NGO. UNLAWFUL KILLINGS AND EXCESSIVE DISCRIMINATION USE OF FORCE Israel continued to discriminate against Israeli military and police used unnecessary Palestinian citizens of Israel in areas of and excessive force during law enforcement planning, budget allocation, policing and activities, including search and arrest political participation. According to the

202 Amnesty International Report 2020/21 operations, and when policing On 2 February, following an exchange of demonstrations. attacks between Israeli forces and Palestinian Military and security forces killed at least armed groups, Israel cancelled the permits of 31 Palestinians, including nine children, in 500 traders from Gaza that enable their the Gaza Strip and West Bank, according to holders to travel to Israel and the West Bank OCHA. Many were unlawfully killed by live for business. The permits were reactivated on ammunition or other excessive force when 18 February. posing no imminent threat to life. Some of the On 18 June, Omar Yaghi, a baby with a unlawful killings appeared to be wilful, which cardiac condition, died in Gaza after Israel would constitute war crimes. denied the family a permit to enter Israel for a Israeli forces frequently used excessive scheduled operation on 24 May at the Sheba force against protesters in Kufr Qadum who Medical Center in Ramat Gan city. continued weekly protests against In the West Bank, at least 593 Israeli settlements and settlement expansion. checkpoints and roadblocks continued to According to OCHA, 214 protesters and heavily restrict the movement of Palestinians bystanders were injured during the year. and access to rights, including health, On 15 February, Israeli forces shot and education and work. Holders of Palestinian injured in the eye nine-year-old Malek Issa identification cards faced an ongoing bar on while he was returning home from school in using roads built for Israeli settlers. the East Jerusalem neighbourhood of Israeli restrictions on freedom of Issawiya. No clashes were recorded at the movement continued to impede Palestinians’ time, according to OCHA. Israeli forces were access to health care, posing further threats maintaining a violent and intense police to vulnerable populations during the operation in Issawiya as a form of collective COVID-19 pandemic. Lack of access to punishment. hospitals and specialized clinics during the Israeli forces frequently opened fire on pandemic particularly affected Palestinian fishermen and farmers in Gaza. According to residents of the East Jerusalem Al Mezan Center for Human Rights, 12 neighbourhoods of Kufr Aqab and Shu’fat fishermen and five farmers were injured. Refugee Camp, which are segregated from the rest of the city by military structures, FREEDOM OF MOVEMENT including checkpoints, and the fence/wall. For the 13th consecutive year, Israel continued its illegal air, land and sea ARBITRARY DETENTION blockade of the Gaza Strip, restricting the Israeli authorities conducted hundreds of movement of people and goods in and out of raids throughout the West Bank to arrest the area, which continued to have a Palestinians, usually at their homes at night. devastating impact on the human rights of Those arrested were detained in prisons in Gaza’s 2 million inhabitants. Israel stopped Israel, along with thousands of other the entry of construction materials and fuel Palestinians from the OPT arrested in into Gaza repeatedly. This shut down the only previous years. This violated international power plant in Gaza, leading to a further humanitarian law, which prohibits the reduction in the supply of electricity, which transfer of detainees into the territory of the had already been available for only about four occupying power. hours a day. Israel also imposed a full Israeli authorities used renewable maritime closure and repeatedly limited entry administrative detention orders to hold of goods to food and medicine only. The Palestinians without charge or trial. Some measures amounted to collective punishment 4,300 Palestinians from the OPT, including at a time of increasing COVID-19 infections in 397 administrative detainees, were held in Gaza. Israeli prisons as of December, according to the Israel Prison Service. Many families of

Amnesty International Report 2020/21 203 Palestinian detainees in Israel, particularly Israel continued to deny human rights those living in Gaza, were not permitted entry bodies entry to the OPT, including the UN to Israel to visit their relatives. Special Rapporteur on the situation of human On 16 July, Israeli forces arrested Iyad rights in the OPT. Barghouti, an astrophysicist and professor at On 30 July, Israeli forces arrested Jerusalem’s Al-Quds University, at a Mahmoud Nawajaa, a human rights defender checkpoint near Jerusalem and placed him and co-ordinator of the Boycott, Divestment in administrative detention. He had and Sanctions movement in the occupied previously been administratively detained in West Bank, from his home in Ramallah. A 2014 and 2016. prisoner of conscience, he was released Israel held 157 Palestinian children in without charge on 17 August. prison, including two in administrative On 13 November, the Jerusalem District detention, as of October. Defense for Children Court rejected a petition by Amnesty International Palestine said that children were International against the arbitrary and interrogated without their parents present punitive travel ban imposed on its employee, and placed with adults in prison. Under human rights defender Laith Abu Zeyad. For international law, detention of children should undisclosed reasons, Israeli security forces be a measure of last resort and for the continued to bar him from entering occupied shortest appropriate time. East Jerusalem and from travelling abroad through Jordan. UNFAIR TRIALS Palestinian civilians, including children, from RIGHTS OF REFUGEES, ASYLUM- the OPT were prosecuted in military courts SEEKERS AND MIGRANTS that did not meet international fair trial Israel continued to deny asylum-seekers standards. access to a fair and prompt refugee status determination process, leaving many without TORTURE AND OTHER ILL-TREATMENT access to basic services. About 31,000 Israeli soldiers, police and ISA officers asylum-seekers were living in Israel. continued to torture and otherwise ill-treat Palestinian detainees, including children, GENDER-BASED VIOLENCE with impunity. Reported methods included Violence against women persisted in Israel, beating, slapping, painful shackling, sleep especially against Palestinian citizens. deprivation, use of stress positions and At least 21 women were killed as a result threats of violence against family members. of gender-based violence. Prolonged solitary confinement, sometimes lasting months, was commonly used as a CONSCIENTIOUS OBJECTORS punishment. At least four Israeli conscientious objectors to Israeli forces occasionally denied medical military service were imprisoned. Hillel Rabin help for Palestinians injured during law spent 56 days in military prison for refusing enforcement activities. to serve in the Israeli army citing oppressive policies against Palestinians. FREEDOMS OF EXPRESSION AND ASSOCIATION The authorities used a range of measures, including raids, incitement campaigns, ITALY movement restrictions and judicial Italian Republic harassment, to target human rights Head of state: defenders who criticized Israel’s continuing Head of government: military occupation of Palestinian and Syrian territories.

204 Amnesty International Report 2020/21 The authorities took decisions which authorities failed to make public crucial data increased the risk of COVID-19 infection for and information related to the impact of older people in care homes leading to COVID-19 in care homes. preventable deaths. Refugees’ and Care home workers lacked personal migrants’ access to Italian territory was protective equipment and testing, putting limited and their rights were restricted them at heightened risk of COVID-19 during lockdown. Co-operation with Libyan infection. authorities on migration continued. The criminalization of rescue NGOs persisted. REFUGEES, ASYLUM-SEEKERS AND There were numerous deaths in custody and MIGRANTS reports of torture. Poor and homeless By the end of the year, 34,154 people − people endured lockdown with inadequate including 4,631 unaccompanied minors − housing. Domestic violence cases rose had arrived irregularly by sea. during lockdown. On 7 April, Italy closed its ports to disembarkations and declared that due to the BACKGROUND pandemic the country was not a place of COVID-19 cases started early in the year, with safety for rescues carried out by foreign- the north of the country worst hit. By the end flagged ships outside its search and rescue of March, the health and burial systems of (SAR) region. The measure appeared to the Lombardy region were overwhelmed. target NGO ships which were often left at sea Unprecedented measures were put in place for days without instructions after rescues. to isolate some towns and later all northern When transfer to Italy was authorized, regions, before lockdown measures were rescued people were placed in quarantine extended to the rest of the country on 9 generally for two weeks on large ships before March. Emergency measures by decree were being transferred ashore. Hundreds of adopted from February, restricting movement refugees and migrants arrived autonomously, and limiting gatherings. The government mostly at the island of Lampedusa, leading to started lifting national lockdown restrictions severe overcrowding of the local reception on 3 May, but further national and regional centre. Refugees and migrants there faced restrictions were imposed towards the end of difficulties adhering to physical distancing; the year. their quarantine time was reset at each new arrival. RIGHT TO HEALTH A 15-year-old unaccompanied boy from By the end of the year, over 74,159 people Côte d’Ivoire died in a hospital in Palermo, had died with COVID-19. Older people , in October, after serving quarantine on accounted for 85.7% of the total. a ship where doctors had requested an The impact of COVID-19 varied earlier disembarkation due to his significantly among different parts of the deteriorating health. He had reportedly country, with older people in care homes in showed signs of torture suffered in Libya. the north being particularly affected. In December, Parliament reformed the two Decisions at the national and local level, security laws, known as “security decrees”, along with the failure to implement adequate passed in 2018 and 2019. The new Law protection mechanisms, increased residents’ 173/2020 reintroduced humanitarian risk of exposure to the virus. Some regional protection, which had been abolished in government and health authorities allowed 2018 and had deprived some 37,000 people the discharge of infected or potentially of a regular status. It also reduced the infected patients from hospitals into care maximum length of stay in detention centres homes without ensuring adequate for repatriation, from 180 to 90 days. mechanisms were in place to care for them. Improved assistance and reception for The national, regional and local health

Amnesty International Report 2020/21 205 asylum-seekers were also reintroduced in migrants continued to face torture and other smaller structures, facilitating integration. systematic abuse (see Libya entry). In January, the Council of Europe Criminalization of solidarity Commissioner for Human Rights called on The authorities continued to penalize NGOs Italy to suspend co-operation activities which for their rescue activities at sea. Ships were result − directly or indirectly − in the return to inspected and seized and fines repeatedly Libya of people intercepted at sea. However, issued.1 the 2017 Memorandum of Understanding There were some positive developments with Libya, underpinning the collaboration for rescue NGOs. In February, the Court of between the two countries on border control, Cassation in the capital, , ruled that the was automatically extended for a further arrest of the Sea Watch 3 captain, Carola three years. In February, the Italian Rackete, in June 2019 had been unlawful. government proposed some light She had entered territorial waters despite the amendments, emphasizing the need to authorities’ prohibition. The Court noted that improve human rights guarantees for she was fulfilling her duty to rescue people at refugees and migrants, but these were not sea, and that a rescue operation ends with accepted by the Libyan Government of disembarkation in a place of safety. In National Accord. Italy nonetheless continued November, the Tribunal of Ragusa, Sicily, to support Libyan maritime authorities, dismissed smuggling charges against two including by extending the deployment of crew members of the NGO Proactiva Open Italian military personnel in Libya. Arms in relation to a rescue in 2018, In May, the Tribunal of , Sicily, recognizing that they acted in a “state of condemned at first instance three foreign necessity”. nationals to 20 years’ imprisonment for The 10 crew members of the Iuventa torture of refugees and migrants in a rescue ship were still awaiting the closure of detention centre in Zawiya, Libya. an investigation for facilitating irregular entry, In August, five Eritrean asylum-seekers initiated in 2017 by prosecutors in Trapani, landed in Rome, carrying visas granted by Sicily. the Italian authorities to enable them to seek Law 173/2020, passed in December, asylum in Italy. The issuance of visas had abolished the prohibition on entering been ordered by an Italian court in 2019, territorial waters for rescue ships and the ruling that the group had been unlawfully associated heavy administrative fines, pushed back to Libya 10 years earlier. provided rescues were conducted according The trial of the former Minister of Interior to international law, co-ordinated by the for the unlawful deprivation of liberty of over competent maritime authorities, and the flag 100 rescued people on the Italian coastguard state of the rescue ship was informed. ship Gregoretti in July 2019, started in However, violations remained punishable with October before the Tribunal of , Sicily. criminal fines of up to €50,000 and imprisonment of up to two years. The RIGHT TO LIFE Minister of Interior could still prohibit entry Numerous deaths in custody in prisons and into territorial waters for public order and repatriation centres were recorded, against security reasons and in cases of human the background of increased isolation of trafficking. detainees from society and a reduction of services, including of mental health care Co-operation with Libya provision, due to the COVID-19 pandemic. In Co-operation with Libya on border control March, there were 13 deaths in prisons continued, leading to over 11,265 people following unrest in some establishments. being intercepted by Libyan authorities and Several deaths were due to overdose when disembarked in Libya, where refugees and

206 Amnesty International Report 2020/21 detainees gained access to the infirmaries’ and with inadequate access to drinking water medical supplies. and food. Two men, Georgian and Albanian Many homeless people across the country nationals, died in January and July could not access safe accommodation during respectively in the repatriation centre of the lockdown and struggled to find food and Gradisca d’Isonzo, Friuli-Venezia Giulia. assistance due to the closure of public Investigations were ongoing at the end of the kitchens and dormitories where COVID-19 year. cases had been recorded. TORTURE AND OTHER ILL-TREATMENT WOMEN’S RIGHTS There were numerous reports of torture and Women’s rights NGOs reported an increase in other cruel, inhuman or degrading treatment domestic violence during lockdown. Official by prison staff and police officers. data recorded over 23,000 calls to a national Investigations were ongoing into reports help line which in 2019 received that prison officers beat detainees, leaving approximately 13,400. several gravely injured, at the Santa Maria In October, the Council of Europe Capua Vetere prison, near Naples, on 6 April, Committee of Ministers (the Committee), when some 300 prison officers were brought supervising the implementation of the ruling in for an inspection. by the European Court of Human Rights in In July, prosecutors in , Piedmont, Talpis v. Italy, expressed concern at the high accused 25 people, including the prison rate at which proceedings for domestic director and many officers, of committing or violence were discontinued at pre-trial stage. facilitating torture and other ill-treatment The Committee requested that by 31 March against detainees between March 2017 and 2021, the authorities provide information and September 2019. data about protection orders and risk The trial of five prison officers and a doctor assessments for victims. charged with torture in relation to a 2018 The prevalence of gynaecologists who case in the prison of San Gimignano, Siena, objected to abortion for reasons of was ongoing at the end of the year. A further conscience remained a significant obstacle to 15 prison officers remained under access the right to abortion. In August, the investigation. Ministry of Health approved new guidance to extend access to medical abortion. RIGHT TO HOUSING AND FORCED EVICTIONS 1. Europe: Punishing compassion: Solidarity on trial in fortress Europe In March, the government suspended (EUR 01/1828/2020) evictions and subsequently extended the measure until the end of the year. Despite this, in August local authorities forcibly evicted the Roma settlement of Foro Italico in JAPAN Rome. Most of the residents had abandoned Japan their homes in the days preceding. Many Head of government: Yoshihide Suga (replaced Shinzo families were left homeless. Abe in September) Local authorities failed to ensure that migrant workers employed to pick fruit − often in exploitative conditions − in the Piana The government introduced measures to di Gioia Tauro, Calabria, had access to prevent harassment of LGBTI people at adequate protection against COVID-19, work, but no law was passed to protect including adequate housing. Hundreds of them from overall discrimination. Domestic migrants endured the pandemic in informal violence against women increased during settlements without electricity and sanitation, the COVID-19 pandemic. The authorities’

Amnesty International Report 2020/21 207 responses to the pandemic excluded certain opportunity in 2015. Although no criminal ethnic minorities. charges were brought against him, the verdict was considered a major step for the BACKGROUND #MeToo movement in the country, where On 28 August, Shinzo Abe announced his victims of sexual harassment or other such resignation after serving as prime minister for abuse rarely speak up. Despite winning the almost eight consecutive years. The court case, Shiori Ito faced further attacks on Olympics and the UN Congress for Crime social media, which led her to file defamation Prevention and Criminal Justice, both lawsuits in June against a woman cartoonist scheduled for 2020, were postponed until and two men. 2021 due to the COVID-19 pandemic. DISCRIMINATION LESBIAN, GAY, BISEXUAL, During the COVID-19 pandemic, health TRANSGENDER AND INTERSEX (LGBTI) workers and their families faced PEOPLE discrimination in access to services. In June, a law was revised with the goal of According to media reports, some health ensuring that companies take measures to workers were subject to abuse during house stop employees from being harassed by staff calls, or were denied medical care, taxi or in positions of relative power. The revision restaurant services. The family members of included provisions to protect LGBTI people some health workers were suspended from from “outing” or other abuse based on sexual work. Although the authorities warned that orientation, gender identity and expression. discrimination against health workers and Small and medium enterprises had until April their families was unacceptable, there were 2022 to introduce relevant measures, while media reports that children of health workers compliance from larger companies was were denied day care services and access to expected immediately. recreational facilities, or became targets of The national government took no steps bullying. towards the legal recognition of same-sex Authorities responsible for distribution of marriage, but an increasing number of local COVID-19 assistance discriminated against introduced ordinances or ethnic Korean schools. In March, the city guidelines that acknowledged same-sex government of Saitama excluded an ethnic unions. There were 69 such municipalities, Korean kindergarten from an initiative to covering approximately one third of the distribute face masks to workers providing population at year’s end. A bill introduced in care or education to pre-school children. 2018 by opposition political parties to outlaw Students at the Korea University in Tokyo discrimination against LGBTI people were excluded from government payments remained under examination at the national designed to help students facing financial Diet (parliament) at year’s end. difficulties caused by the pandemic. The university is attended primarily by ethnic VIOLENCE AGAINST WOMEN Koreans, some of whom were Japanese The numbers of women reporting domestic citizens.2 violence, which had been on the rise for 16 consecutive years, increased sharply during REFUGEES, ASYLUM-SEEKERS AND the COVID-19 pandemic.1 There were 13,000 MIGRANTS reported cases in April, 29% higher than the In March, the authorities reported that 44 out same month in 2019. of 10,375 asylum applications in 2019 were Journalist Shiori Ito won a civil lawsuit in accepted as refugees. Existing laws allowed December 2019 against a high-profile male the authorities to indefinitely detain journalist, who had sexually assaulted her undocumented foreign nationals, including after inviting her to dinner to discuss a job asylum-seekers and irregular migrants, until

208 Amnesty International Report 2020/21 such time as their deportation took place. When considering the detention of two JORDAN asylum-seekers in August, the UN Working Group on Arbitrary Detention stated that such Hashemite Kingdom of Jordan detention was arbitrary and discriminatory. Head of state: Abdullah II bin al-Hussein During the COVID-19 pandemic, detainees Head of government: Bisher al-Khasawneh (replaced in immigration facilities complained of Omar al-Razzaz in October) overcrowding, poor ventilation and lack of adequate distancing measures to protect The authorities announced a state of them from infection. To reduce the number of emergency in March to combat COVID-19, individuals in immigration detention facilities, giving the Prime Minister sweeping powers the authorities provisionally released more allowing for the detention of at least 13 than half of all detained foreign nationals journalists critical of the government and scheduled for deportation starting in April, the King, and those accused of “spreading but did not give them permission to work nor panic about COVID-19”. The COVID-19 the means of an adequate standard of living. lockdown saw a spike in domestic violence. Instead, civil society organizations provided Migrant workers were left stranded with assistance for their survival. unpaid wages. Child labour increased as the economic impact of the pandemic pushed DEATH PENALTY many families into poverty. Children of While no executions took place during the Jordanian mothers and non-Jordanian year, the government took no steps towards fathers were left without access to abolishing the death penalty. People with emergency state funding. Some Syrian intellectual and psychosocial disabilities refugees were left without humanitarian aid, continued to be at risk of execution. In and many others lost their jobs and February, the Osaka District Court denied returned to government-controlled areas in Kenji Matsumoto’s eighth request for a retrial. Syria. He was sentenced to death in 1993 after police allegedly coerced him into BACKGROUND “confessing” to two robberies and murders. In March, the King enacted Defence Law No. He was born with a severe intellectual 13 of 1992, declaring a state of emergency disability, and developed a delusional and giving the Prime Minister sweeping disorder while in detention. powers to take “all measures necessary” to In December, the Supreme Court combat COVID-19. The Prime Minister overturned a 2018 Tokyo High Court decision pledged to implement it to the “narrowest denying a retrial of the case against Iwao extent” and in a manner that would not Hakamada, who had spent 46 years on death impinge on political rights, freedom of row. expression or private property. Jordan remained a member of the Saudi Arabia-led coalition in the armed conflict in 1. The rise of 'corona divorce' amid Japan’s domestic violence shadow pandemic (News story, 17 August) Yemen. 2. Japan: Submission to the UN Human Rights Committee – 130th session, 12 October – 6 November 2020 (ASA 22/3065/2020) FREEDOMS OF EXPRESSION AND ASSEMBLY The authorities continued to curtail freedom of expression and peaceful assembly. The crackdown on journalists and activists continued, including through harassment of journalists in relation to the government’s COVID-19 measures.

Amnesty International Report 2020/21 209 On 15 April, following the declaration of gagging orders on various human rights the state of emergency, the Prime Minister issues, including those involving domestic issued a decree stipulating that disseminating violence. news that could “cause panic” over COVID-19 would carry a penalty of up to WORKERS’ RIGHTS three years in prison. By the end of the year, On 25 July, after a protracted dispute at least 13 journalists had been arrested between the government and the teachers’ under the decree, most of whom were union over a pay increase, security forces released soon after. In November, Fares raided 13 union branches, arresting 13 board Sayegh, owner of Roya TV, and its news members. In the following days, the director, Mohamad al-Khalidi, were arrested authorities also arrested dozens of union for airing a segment “criticizing the King”, members. The Attorney General then issued after they showed Jordanian residents a gagging order, which banned any public complaining about the economic impact of discussion of the case, and an order to shut the COVID-19 lockdown. The two men were down the union for two years. Tensions had detained for 14 days. resurfaced over the government’s decision to On 1 and 23 July, the Ministry of freeze public sector pay until the end of 2020 Education blocked access to popular social due to COVID-19, breaching a commitment media apps throughout the country for to increase salaries by 50%. The union’s several hours, saying, according to the closure triggered new protests in early Jordan Open Source Association, that the August; two journalists covering the protests measure was to curb cheating during school were arrested and held for a few hours, while examinations. two others were beaten. On 28 July, Tujan al-Bukhaiti, a 17-year- On 31 December, a court in Amman old Yemeni refugee, was found not guilty of ordered the dissolution of the teachers’ union the charges of “blasphemy” and “insulting and the arrest of its board members, religious feelings” after an eight-month trial. following investigations into accusations of The Juvenile Police had summoned her for “corruption” and “incitement over social questioning following a report by the media” that began in August. Soon after, four Cybercrime Unit over social media posts that board members were arrested but then included re-posts of Facebook statuses of her released on bail after the union’s lawyer filed father, Ali al-Bukhaiti, that discussed cultural an appeal. and religious topics in December 2019. In August, journalist and cartoonist Imad WOMEN’S RIGHTS Hajjaj was arrested over a caricature Provincial governors continued to use the criticizing the deal to normalize relations Crime Prevention Law to administratively between the United Arab Emirates and Israel. detain women, often for months and for His case was referred to the State Security discriminatory reasons, such as for being Court for “carrying out acts undermining “absent from home” without a male Jordanian relationships with a friendly guardian’s permission, or for having sex country”. According to findings by Human outside marriage (zina), begging or Rights Watch, after the enactment of Defence homelessness. Dar Amneh, a shelter for Law No. 13, the General Intelligence women at risk of being killed by family Directorate regularly contacted several members, continued to provide an alternative journalists, asking them questions about their to the administrative detention of women at work and warning them against covering risk in “protective custody”. However, women certain issues. Journalists said that the were not allowed to leave the shelter without authorities intentionally withheld permits and/ the approval of a provincial governor. or permission for them to attend and cover Women’s rights groups noted an increase certain events. The authorities also used in domestic violence cases during the

210 Amnesty International Report 2020/21 COVID-19 lockdown, including in Syrian Migrant workers peacefully protesting for refugee communities and among migrant their rights were met with tear gas, as domestic workers. The Family Protection Unit happened when Sri Lankan migrant domestic affiliated to the Public Security Directorate, workers protested in July about the which was established to respond to authorities continuing to ignore their domestic violence and sexual assaults, had demands. been overwhelmed. There was also a drop in cases of people seeking protection from the CHILDREN’S RIGHTS authorities or turning to women’s state Citizenship laws continued to discriminate shelters. Other measures were introduced, against children of Jordanian mothers and such as tele-counselling and a hotline, but non-Jordanian fathers who, unlike children of women’s groups reported that these could Jordanian fathers married to non-Jordanians, only offer limited support. were denied Jordanian citizenship. This Despite legislative changes in 2017 and effectively deprived those children from some positive steps reported by women rights benefiting from the emergency fund set up activists towards taking such crimes more by the Ministry of Social Development to seriously, there were no concrete measures to counter the economic fallout of COVID-19, address domestic violence and so-called especially in cases where the mother was not “honour” killings, both of which were present to apply for the aid herself. According particularly prevalent in Jordan. On 17 July, a to rights groups, the economic impact of widely disseminated video of the brutal public COVID-19 led to an increase in child killing by her father of a woman named only labourers. as Ahlam triggered protests. The authorities failed to take any action to hold the father RIGHTS OF REFUGEES AND ASYLUM- accountable or to respond in any other way. SEEKERS Jordan continued to host approximately MIGRANT WORKERS’ RIGHTS 655,000 Syrians, 67,000 Iraqis, 15,000 Migrant workers continued to be Yemenis, 6,000 Sudanese nationals and inadequately protected from abuse by their 2,500 refugees from 52 other countries employers and agents and remained at risk registered with UNHCR, in addition to over 2 of arbitrary detention. Their vulnerable million registered with situation was aggravated by COVID-19, as the the UN Relief and Works Agency. pandemic led to a plethora of abuses, At least 10,000 Syrian refugees remained including arbitrary dismissals and unpaid in the “berm”, a no man’s land in the desert wages. Rights groups indicated that many along the Jordanian-Syrian border. In March, migrant workers lost their jobs and rarely had Jordan announced it would bar aid convoys access to social protection or alternative from crossing through its territory to deliver employment, as only Jordanian daily workers assistance and medical equipment to the and those with active social security accounts refugees, citing COVID-19 concerns.1 The benefited from emergency in-kind and cash authorities’ decision exacerbated an already assistance. This meant migrant workers lost dire humanitarian situation, including by their residency status, a consequence of the putting pregnant women at risk as no kafala (sponsorship) system governing maternal health care was accessible there. employment of migrant workers in the region, In August, Jordanian authorities forcibly leaving them subject to arrest, detention and transferred at least 16 Syrian refugees, deportation. Migrant workers who wished to including eight children, to an informal camp leave the country often could not do so in the “berm”.2 Many of them chose to go because of travel restrictions imposed to curb back to government-controlled areas in Syria the virus. as a result of the dire living conditions in the “berm”.

Amnesty International Report 2020/21 211 Syrian refugees were amongst the most were injured and 10 died. Following the first affected by state measures to combat confirmed COVID-19 cases a state of COVID-19 as a result of their largely informal emergency was declared from 16 March to employment and a lack of written contracts, 11 May. By 29 October, 2,219 deaths from social security and health insurance cover or COVID-19 had been officially confirmed. valid work permits. According to UNHCR, Official excess death statistics, however, one third lost their jobs while others saw a indicated a considerably higher death toll. 40% drop in their income. Syrian refugees The World Bank reported in a mid-year were barred from several employment projection that as a result of the pandemic an sectors, including the health, teaching, additional 800,000 people were living in engineering and technical professions. poverty. Palestinian refugees from the Gaza Strip In September, Kazakhstan signed the continued to be excluded from basic rights Second Optional Protocol to the ICCPR, and services as they do not have Jordanian committing not to carry out executions and to citizenship. abolish the death penalty. DEATH PENALTY FREEDOM OF ASSEMBLY Authorities continued to hand down death Peaceful demonstrators were subjected to sentences; no executions were carried out. administrative detentions and fines. In May, the President signed a new Law on Public Assemblies which fell short of international 1. Jordan: Authorities must allow urgent medical care for displaced Syrians in Rukban during COVID-19 (Press release, 7 May) standards. It effectively requires the 2. Jordan: Stop forcible transfer of Syrian refugees to a no-man’s land in authorities’ permission and only allows the desert (Press release, 15 September) assemblies in designated locations. It openly discriminates against non-citizens, persons with mental or “psycho-social” disabilities, and unregistered organizations. KAZAKHSTAN On 6 June, a peaceful protest in the city of Republic of Kazakhstan was dispersed on the grounds that Head of state: Kassym-Jomart Tokayev the area needed to be disinfected. Hundreds Head of government: Askar Mamin were briefly detained. Human rights defender Asya Tulesova remonstrated with police officers for detaining peaceful protesters and The rights to freedom of peaceful assembly knocked a police officer’s hat off. She was and expression remained severely limited. remanded for two months in pre-trial Critics of the authorities faced politically detention despite the risks of COVID-19 and motivated prosecution. Torture and other ill- sentenced on 12 August to 18 months of treatment remained widespread. Human “restricted freedom” (a parole-like non- rights defenders faced harassment and civil custodial sentence) and a fine for attacking prosecution for libel. LGBTI people faced and insulting a police officer. stigma and abuse. People with disabilities were deprived of their rights. The worsening FREEDOM OF EXPRESSION economic situation caused by the pandemic In June, the President signed a law to reduced access to education and increased decriminalize libel. However, peaceful critics child labour. of the government faced prosecution and harsh penalties as the authorities exploited BACKGROUND the state of emergency measures envisaged On 10 February during clashes between by Article 274 of the Criminal Code ethnic Kazakhs and Dungans, a Muslim (“dissemination of knowingly false ethnic group of Chinese origin, hundreds information”) to clamp down on dissent.

212 Amnesty International Report 2020/21 From January to August, 81 cases were subject of eight civil defamation cases lodged started under Article 274 and five reached against her by prison officials from six prisons the courts. because of her work exposing alleged cases On 22 June, Alnur Ilyashev was found of torture. On 3 June, a court found that she guilty under Article 274 for three posts on had defamed the staff of Prison 161/2 and social media criticizing the government’s ordered her to publicly retract her response to COVID-19 and corruption. He statements. On 3 July, she lost a defamation was sentenced to restricted freedom for three case against the director of Prison 164/4 in years and banned from “voluntary political the village of Zarechny in Almatinsky region, and social activism” for five years.1 for reporting the beating of a prisoner by prison guards on 10 April. Despite medical Prisoners of conscience reports documenting the prisoner’s injuries, Maks Bokayev continued to serve his five- the court found that Elena Semionova’s year prison term, despite his worsening reports were untrue and harmed the health condition. He had been convicted for reputation of the prison director. Two cases his involvement in the organization of were dropped by the applicants and four peaceful demonstrations and his posts on cases were ongoing at the end of the year. social media, including under Article 174 of the Criminal Code (“incitement of social, RIGHTS OF LESBIAN, GAY, BISEXUAL, clan, national, racial or religious discord”). TRANSGENDER AND INTERSEX PEOPLE (LGBTI) TORTURE AND OTHER ILL-TREATMENT LGBTI activist Nurbibi Nurkadilova published Torture and other ill-treatment remained a statement in May by the European Union widespread in penitentiary institutions. With and a number of foreign embassies in few exceptions, authorities failed to carry out Kazakhstan marking the International Day impartial, independent and effective against Homophobia, Transphobia and investigations. Biphobia. The publication provoked On 6 October, a Committee of National homophobic and transphobic comments, Security officer was sentenced to including by a well-known mixed martial arts five and a half years’ imprisonment for rape fighter, Kuat Khamitov. and torture. Viktoriya Berdkhodzhaeva, a After Nurbibi Nurkadilova replied to him and transgender woman serving a prison revealed that she was a transgender woman, sentence in a women’s , reported that he encouraged people to attack LGBTI she had been raped by the officer in July people. No action was taken by the 2019. She earlier reported that she had authorities. suffered sexual harassment from male staff and discriminatory attitudes from other CHILDREN’S RIGHTS prisoners since arriving in the colony in 2017. The closure of the Kazakh-Uzbek border due On 17 October, Azamat Orazaly was to the pandemic caused labour shortages. detained on suspicion of stealing livestock Radio Azattyk reported in October that and died in police custody the same day in children were working in cotton fields in the Makanchi village in the East Kazakhstan Turkestan region, in southern Kazakhstan. region. Three police officers were detained on Some were below the legal working age for suspicion of torture. The case was ongoing at light work of 16. The World Bank reported the end of the year. that the number of students in Kazakhstan performing below HUMAN RIGHTS DEFENDERS functional literacy would increase as a result Human rights defenders faced harassment of pandemic-related school closures and and prosecution. Elena Semionova, from inadequate access to distance learning. , in northern Kazakhstan, was the

Amnesty International Report 2020/21 213 hardship. Women continued to face RIGHTS OF PEOPLE WITH A DISABILITY inequality. The authorities forcibly evicted People with mental disabilities continued to thousands of people, and the President be deprived by the courts of legal capacity, disregarded the Constitution by failing to and thereby of their basic rights. In the appoint superior court judges. absence of systems for review it remained very rare for people to regain their rights. In BACKGROUND January, a court in Almaty reinstated Vadim In response to the COVID-19 pandemic, on Nesterov’s legal capacity. He had been 27 March the President invoked the Public diagnosed as “retarded” and was deprived of Order Act to impose restrictions, including a legal capacity when he reached the age of 18 three-month nationwide curfew between 7pm while living in institutional care. and 5am. It was extended in June and again Levels of institutionalization remained high. in November but with the hours reduced to In April, four children living in a residential between 10pm and 4am. care home for children with disabilities in Ayagoz in eastern Kazakhstan died from EXCESSIVE USE OF FORCE medical conditions while most of the staff In January, residents of the district were on unpaid leave as part of quarantine in the capital, Nairobi, peacefully measures. An investigation found that the demonstrated against the poor state of roads home failed to provide adequate medical in their neighbourhood. Police officers care and disciplinary measures were taken responded by firing live ammunition at them, against some of the staff involved. killing a 17-year-old boy. On 22 October, President Tokayev The use of excessive force by police announced that by 2022 Kazakhstan would escalated after the curfew was imposed in ratify the Optional Protocol to the Convention response to the COVID-19 pandemic. Officers on the Rights of People with Disabilities, shot at and beat people for violating the allowing people to bring complaints under the curfew, sometimes hours before the curfew treaty. was due to be imposed, and at least six people were killed by police officers in the 10 days following its introduction. 1. Kazakhstan: Political activist sentenced to “restricted freedom” for criticizing government’s COVID-19 response (News story, 22 June) On 27 March, a police officer beat journalist Peter Wainaina with a baton while he filmed police kicking, slapping and firing tear gas at commuters, as they rushed them KENYA to board a ferry ahead of the curfew. In June, police officers killed a man in Republic of Kenya Lessos in Nandi County when they fired live Head of state and government: Uhuru Muigai Kenyatta ammunition into a crowd of motorcycle taxi drivers protesting after one of their colleagues Police used excessive and sometimes lethal was arrested, allegedly for not wearing a face force to enforce a curfew and to disperse mask. When the protesters marched to the peaceful protests; they also carried out police station the police shot dead two other extrajudicial executions and enforced men. The Independent Police Oversight disappearances. Journalists and bloggers Authority said it had launched an were subjected to harassment, intimidation investigation into the killings. No findings and arbitrary arrests. COVID-19 movement were made public by the end of the year. measures were restrictive and undermined the right to health for women and for people from marginalized groups, and subjected refugees and asylum-seekers to further

214 Amnesty International Report 2020/21 publishing corruption allegations. In August, EXTRAJUDICIAL EXECUTIONS AND Milton Were and Jack Okinyi were arrested ENFORCED DISAPPEARANCES by Directorate of Criminal Investigations (DCI) There were 144 extrajudicial executions and officers after they had published a story on 11 people were subjected to enforced alleged mismanagement of public funds, and disappearance during the year. In February, detained overnight at police station the Senate began a formal inquiry into these in Nairobi. Nyukuri Barasa and Charles crimes. However, COVID-19 restrictions on Gichuki were also arrested by DCI officers in movement of people prevented its evidence- August for, among other things, publishing gathering hearings from proceeding. information exposing government corruption. There was a spike in the number of Nyukuri Barasa was detained at Kilimani extrajudicial executions while security forces police station and Charles Gichuki was enforced the curfew. On 28 March, police detained at Capitol Hill police station, both in officers beat Hamisi Juma to death, near Nairobi. They were both released without Zibani village, after he drove a woman in charge the next day. labour to hospital at night during the curfew. On 30 March, 13-year-old Yassin Moyo FREEDOM OF MOVEMENT was shot dead by a police officer in Eastlands In March, the Health Ministry issued in Nairobi while he was playing on his directives requiring everyone entering the balcony after the 7pm curfew. A police officer country to report to quarantine centres. was charged with his murder in June. Anyone who violated the public health In April, the Interior Minister said that 14 guidelines by not wearing a mask or flouting police officers accused of gross misconduct the curfew, for example, could also be held in during the curfew period had been quarantine. According to the Ministry, around suspended pending investigation. 2,000 people were quarantined. Many of Later that month, Michael Njau, a social them said they were ill-treated and exposed justice activist, his cousin and a taxi driver to increased health risks. Physical distancing disappeared while travelling from Thika to measures were not followed, sanitary Nairobi. Two days later, police discovered conditions were poor, and there was their abandoned car. There was no evidence inadequate food. Those confined were not to implicate the police, but Michael Njau’s informed of how long they would spend in colleagues said he had received threats for quarantine and were charged excessive fees. his work on police killings. The men’s Hospitals detained patients, or refused to whereabouts remained unknown at the end hand over the bodies of those who died to of the year. their families because of unpaid medical bills, something the High Court had ruled to FREEDOM OF EXPRESSION be illegal in 2018. Bwire was detained Police intimidated, harassed and attacked by a private hospital for three months after journalists and bloggers as a means to his discharge date and released in July silence them. On 29 March, three journalists following a civil society campaign. were arrested for allegedly violating the curfew, despite their legal exemption from RIGHT TO HEALTH AND WORKERS’ curfew restrictions. RIGHTS Several bloggers and journalists were In August, hundreds of public hospital arrested and charged under the Computer doctors held a week-long strike over delayed Misuse and Cybercrimes Act for publishing salaries, inadequate PPE, and lack of what the government deemed to be medical insurance. misleading information about COVID-19 Meanwhile, the Auditor General reported a (which it said amounted to incitement of the KES2.2 billion (US$20 million) corruption public against the government), or for scandal at the Kenya Medical Supplies

Amnesty International Report 2020/21 215 Agency in which PPE that had been donated women, to improve women’s economic to the government was allegedly stolen. Most participation and increase access to health front-line medical staff were forced to buy and education, women remained their own PPE, and if they became infected disadvantaged and under-represented in with COVID-19 they had to cover the costs of most public and private spheres. their own treatment. Parliament failed to enact laws which The COVID-19 curfew and the fear of would ensure gender equality in accordance police deterred people from moving at night with the Constitution’s “two-thirds gender and restricted access to maternal health care rule”. As a result, in September the Chief for many women. Some women were unable Justice advised the President to dissolve the to get to hospital during labour, and pregnant legislative body. women reported being verbally and physically The two-thirds rule stipulates that the assaulted by police when they sought health National Assembly and Senate shall not be care during curfew hours. made up of more than two thirds of members from one gender. FORCED EVICTIONS On 4 May, the Nairobi Water Company, RIGHT TO TRUTH, JUSTICE AND accompanied by police, forcibly evicted REPARATION 7,000 people from their homes at the Relations between the National Executive and Sewerage settlement in Nairobi, the judiciary remained tense after the one day after a court ordered a temporary Supreme Court nullified the presidential halt to the evictions. Their homes and other election results in 2017. The President buildings were demolished to make way for a ignored his constitutional obligation and a sewerage system with only two days’ notice, High Court order to appoint 11 judges to the in violation of international human rights Court of Appeal, and 30 judges to the High standards and Kenyan law. On 11 May, Court. In January, Court of Appeal hearing following a public outcry, the Interior Ministry centres outside Nairobi were forced to close announced a moratorium on evictions during due to a shortage of judges, and many the COVID-19 pandemic. hearings were postponed until 2022. Although the moratorium halted 13 Senior public officers continued to disobey evictions planned to make way for sanitation court orders. In January, the government facilities, other evictions continued. On 15 violated a court ruling when it prevented May, the authorities forcibly evicted over , a government critic who was 1,000 people in Ruai ward in Nairobi, deported to Canada in 2018, from returning rendering them homeless. In October, the to Kenya. Kenya Power and Lighting Company Civil society organizations continued to demolished 3,000 homes in Corner, fight for justice. Residents of the Owino- an informal settlement in Nairobi.1 Uhuru settlement in Mombasa, together with In September, the EU withdrew funding for the Centre for Justice, Governance and a €31million (US$35 million) conservation Environmental Action NGO, won damages project, in response to forced evictions and from the state amounting to KES1.3 billion other human rights violations against the (US$11.6 million) as compensation after a Sengwer Indigenous community in Embobut contaminated the community’s land, Forest. In 2018, it had suspended funding resulting in some residents suffering lead when a Kenya Forest Service guard killed a poisoning. The government appealed against Sengwer Indigenous man. the decision. WOMEN’S RIGHTS Although the government increased investment to address violence against

216 Amnesty International Report 2020/21 Assembly’s approval of this government REFUGEES AND ASYLUM-SEEKERS unlawful. In April, movement in and out of the Kakuma In mid-March, the Kurti government and Dadaab refugee camps was restricted introduced COVID-19-related restrictions and under lockdown measures. limited freedom of movement. The Hoti In May, Kenya closed its borders with government lifted some restrictions, but in Somalia and Tanzania, citing COVID-19 July reinstated curfews and other limitations. concerns. Reception and registration centres Inadequate health services and for asylum-seekers in urban areas and in the environmental factors produced refugee camps remained partially closed at disproportionately high COVID-19 mortality the end of the year. Over 13,000 new arrivals rates. in Dadaab refugee camp, many of them from Somalia, were unable to register as asylum- RIGHT TO TRUTH, JUSTICE AND seekers. REPARATION Proceedings began at the Kosovo Specialist Chambers (KSC) established in The Hague in 1. Kenya: Forced eviction leaves 3000 people homeless (AFR 32/3151/2020) 2016. The court allowed victims to be party to the proceedings and to be eligible for reparations. In June, the Specialist Prosecutor’s Office (SPO) announced an KOSOVO* unconfirmed indictment against President Hashim Thaçi, who resigned in November, Kosovo* before appearing before the KSC. He is Head of state: Vjosa Osmani (acting, replaced Hashim Thaçi in November) indicted − along with former Kosovo Head of government: Avdullah Hoti (replaced Albin Liberation Army (KLA) General Staff Kadri Kurti in June) Veseli, Rexhep Selimi and Jakup Krasniqi − *This designation is without prejudice to positions on for war crimes and crimes against humanity, status, and is in line with UN Security Council including the murder of around 100 civilians, Resolution 1244 and the International Court of Justice including , Roma and ethnic Albanian Opinion on the Kosovo Declaration of Independence. opponents. In September, the SPO summoned Agim The Kosovo Specialist Chambers in The Çeku, former Prime Minister and KLA Hague opened proceedings against senior commander, for questioning. In the same Kosovo Albanian politicians and former month, proceedings opened against former commanders KLA commander Salih Mustafa, indicted for suspected of crimes under international law the arbitrary detention, cruel treatment, during the 1998-1999 war. Few survivors torture, and murder of civilians at Zllash applied for the pension awarded to victims detention camp in April 1999. of wartime sexual violence. Under Confidential SPO files naming protected restrictions and a curfew imposed by the witnesses were anonymously leaked to the government during the COVID-19 KLA War Veterans’ Organization; pandemic, discrimination against Roma subsequently two officials were transferred to continued and domestic violence rose. the court, and publicly indicted in December for the obstruction of justice, witness BACKGROUND intimidation and secrecy violations. Following a no confidence vote, Prime In Kosovo, former Serbian police officer Minister ’s government was Darko Tasić was convicted in June of war replaced in June, without an election, by crimes for his part in burning and dumping Avdullah Hoti’s government. However, in 100 bodies after the massacre in Krushe e December, the Constitutional Court ruled the Vogel/Mala Kruša village. The victims’ families

Amnesty International Report 2020/21 217 protested the Appeals Court December living in UN-operated refugee camps situated decision to halve his 22 year sentence. on contaminated land. The NGO Admovere reported in July that ENFORCED DISAPPEARANCES despite receiving additional social payments, On 30 August, International Day of the Roma, Ashkali and Egyptians were Disappeared, 1,643 people remained disproportionately disadvantaged in missing. In both the Serbian capital, accessing COVID-19 tests. , and Pristina, families of missing Kosovo Serbs and Kosovo Albanians together VIOLENCE AGAINST WOMEN AND GIRLS called on their governments to open military Domestic violence cases increased in March archives to help identify burial sites. by 36% over the previous year. By December, seven women had been killed by a partner or GENDER-BASED VIOLENCE family member. In March, former Kosovo Serb police officer In June, Luljeta Alija opened a Zoran Vukotić was indicted by Kosovo discrimination case against Pristina police prosecutors for the rape of a 16-year-old girl who refused to file a complaint against her in the Mitrovica region in May 1999. husband for violating a domestic violence Only 200 victims of wartime sexual protective order because she was violence applied to the government “inappropriately dressed”. commission established to decide on their survivor status and grant them a €230 monthly pension. Including some applications submitted in 2019, 222 KUWAIT applications were accepted and 69 rejected. State of Kuwait Although the NGO Medica Gjakova had Head of state: Nawaf al-Ahmad al-Jaber al-Sabah counselled over 4,500 rape survivors, only (replaced Sabah al-Ahmad al-Jaber al-Sabah in 300 of them had applied since 2018; many September) feared stigmatization or family disapproval. Head of government: Sabah al-Khaled al-Hamad al- Sabah FREEDOM OF EXPRESSION Investigative journalists faced threats, slurs The authorities continued to unduly restrict and attack. In June, the former Minister of the rights to freedom of expression and European Integration opened a defamation association. Members of the stateless Bidun suit against Jeta Xharra, director of the minority remained unable to access a range Balkan Investigative Reporting Network, of public services. With the spread of KALLXO.com and Prishtina Insight. In July, COVID-19, residence permit violators were Jeta Xharra was threatened by another granted a month’s amnesty, allowing them former minister, and in September, former to leave the country without paying fines or Prime Minister Ramush Haradinaj called travel costs. Migrant workers remained journalists “mercenaries”. In October, inadequately protected against exploitation journalist Shkumbin Kajtazi’s car was and abuse. damaged by gunfire outside his home in Mitrovica. BACKGROUND Kuwait sped up its “Kuwaitization” process to RIGHT TO HEALTH replace expatriates with nationals in the In September, the UN Special Rapporteur on workforce to address rising unemployment hazardous substances urged the UN to among nationals. provide “individual compensation and a Under the UN Universal Periodic Review public apology” to Kosovo Roma, Ashkali and (UPR) process in July, the government Egyptians who suffered lead poisoning while rejected recommendations to ratify or accede

218 Amnesty International Report 2020/21 to treaties, including those protecting the health care. During the UPR process, the rights of migrant workers and refugees, and government accepted recommendations to to bring its laws into compliance with the ensure that the Bidun enjoy equal access to rights to freedom of expression, peaceful education, health care and employment, and assembly and association. some recommendations on their acquisition Kuwait remained part of the Saudi Arabia- of nationality. led coalition engaged in armed conflict in In October, the Chairman of Kuwait’s Yemen, albeit in a very limited role. National Assembly attempted to speed up the debate and vote on six proposed drafts laws FREEDOM OF EXPRESSION, ASSEMBLY on the Bidun issue during the last AND ASSOCIATION parliamentary session, ahead of In August, Parliament approved amendments parliamentary elections. His attempts were to the law on press and publications, thwarted when Members of Parliament including lifting the Ministry of Information’s boycotted the discussions. control over imported publications. The authorities detained and prosecuted at MIGRANTS’ RIGHTS least 12 government critics and activists The kafala (sponsorship) system, which ties under provisions of the Cybercrime Law and migrant workers’ right to be in Kuwait to their Penal Code provisions that criminalize employment, put these workers at greater legitimate speech, including for offending the risk of human rights violations. The workers Emir, criticizing neighbouring countries or were also at heightened risk of contracting spreading false news. COVID-19, including because of poor living In April, a Ministry of Information source conditions. Thousands lost their jobs as a told a news outlet that the Ministry had result of the economic impact of the intensified its “monitor[ing] of websites and pandemic and hundreds were stranded in news services that broadcast lies and Kuwait. rumours and provoke sedition” since the At the end of March, the government COVID-19 pandemic began, referring “25 announced a one-month amnesty for news services sites” for prosecution.1 residence permit violators, allowing them to On 28 January, a criminal court sentenced leave the country without paying fines or three Bidun men, including Redha al-Fadhli, travel costs. Those with ongoing court cases, Hammoud al-Rabah and one man in his bank loans or bills were not eligible. While absence, to sentences ranging from 10 years awaiting repatriation, migrant workers were to life in prison for their peaceful activism. set up in camps and shelters with dire The court acquitted another Bidun man and sanitary conditions, further increasing their released 12 others, including human rights vulnerability to infection. defender Abdulhakim al-Fadhli, on a pledge The authorities prosecuted at least three of good conduct for two years.2 Security cases of physical abuse of domestic workers forces had arrested them in July 2019 during by their employers. On 30 December, a a crackdown on peaceful protesters. On 20 criminal court sentenced a Kuwaiti woman to July, the 10-year sentences against Redha al- death and her Kuwaiti husband to four years Fadhli and Hammoud al-Rabah, for in prison for the murder of their employee membership of a proscribed organization, Jeanelyn Villavende, a Filipina domestic were overturned on appeal. The court worker. Both have the right to appeal against reduced their sentences to suspended two- their conviction and sentence. In separate year prison terms. cases, two Sri Lankan domestic workers were abused by their sponsors’ wives, including DISCRIMINATION – BIDUN one who later succumbed to her injuries. Stateless Bidun people remained unable to Following investigation, the authorities access a range of public services, including arrested the two female suspects.

Amnesty International Report 2020/21 219 The authorities also arrested and 3. Kuwait: Fulfil treaty obligations on women’s rights (MDE prosecuted scores of human traffickers and 17/2672/2020) illegal visa traders, investigating hundreds of companies accused of exploiting government contracts to engage in . KYRGYZSTAN WOMEN’S RIGHTS Kyrgyz Republic During the UPR in July, Kuwait accepted Head of state: Talant Mamytov (replaced recommendations to fully implement CEDAW in November, who replaced Sooronbai Jeenbekov in but rejected other recommendations October) Head of government: (replaced Sadyr including to ensure “full equality between Japarov in November, who replaced men and women”, to criminalize sexual in October) violence and marital rape and to make its personal status and nationality laws gender- neutral.3 Reports of torture and other ill-treatment in In August, Parliament approved a bill police custody continued. The government criminalizing domestic violence, offering failed to take adequate measures to protect further protections for victims of domestic health workers during the COVID-19 violence as well as legal, medical and pandemic. Survivors of gender-based rehabilitation services. Women continued to violence faced serious obstacles in face discrimination in law and practice. accessing justice. Prisoner of conscience Kuwait retained a law (Penal Code Article Azimjan Askarov died after contracting 153) that makes murder of a female relative pneumonia in prison. Human rights punishable by as little as a fine in “honour defenders faced retaliation for their work. killing” cases. Killings of women by their Proposed new legislation threatened to brothers were reported in in impose further restrictions on NGOs. Police September and December. dispersed a peaceful march to mark International Women’s Day. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE BACKGROUND Maha al-Mutairi, a transgender woman, was The first cases of COVID-19 were reported on arrested several times and charged under 18 March and a state of emergency was Article 198 of the Penal Code, which declared from 22 March to 10 May. criminalizes “imitat[ing] the other sex in any Restrictions were severe; in some cases way”. On 5 June, shortly before fulfilling a residents were sealed into their apartment summons to attend a police station, she blocks. posted Snapchat videos accusing police The country was plunged into a period of officers of raping and beating her during her instability, after the October parliamentary seven months’ detention in 2019 in a male elections results were widely contested and prison for “imitating the opposite sex”. She then annulled after mass protests. Several was released on 8 June without charge. people held in custody were released by the protesters, including Sadyr Japarov who had DEATH PENALTY been imprisoned in 2017 for -taking. Courts continued to hand down death Amid bitter disputes over leadership, a group sentences; no executions were reported. of parliamentarians nominated him as Prime Minister on 10 October. President Sooronbai Jeenbekov resigned under pressure on 15 1. COVID-19 is new pretext for old tactics of repression in GCC (MDE 04/3136/2020) October and Sadyr Japarov was confirmed as 2. Kuwait: Heavy prison sentences of activists demanding rights of interim President, but then stepped down in citizenship (Press release, 28 January)

220 Amnesty International Report 2020/21 November to run in presidential elections set working conditions and lack of PPE faced for January 2021. reprisals. TORTURE AND OTHER ILL-TREATMENT VIOLENCE AGAINST WOMEN AND GIRLS Credible reports of torture and other ill- Survivors of gender-based violence faced treatment in police custody persisted. serious obstacles in accessing justice, such Uzbekistani journalist Bobomurod Abdullayev as the failure to provide a protected was arrested in the capital, , on 9 environment for victims during the judicial August following an request from process. Survivors were often subjected to Uzbekistan. He was denied access to a threats from the prosecution or public, and in lawyer, and later alleged that investigators many cases withdrew their complaints. tortured him on 11 August to force him to According to the Interior Ministry, in 2019, sign a document by attempting to suffocate 8,519 cases relating to domestic violence him with a towel. On 22 August, Bobomurod under the Code on Misdemeanours were Abdullayev was forcibly returned to recorded, but only 554 cases reached the Uzbekistan, where he was at real risk of courts (their outcomes were not reported), torture, while his application for asylum in and 560 were still under investigation. The Kyrgyzstan was still pending. rest were terminated because the alleged The UN Human Rights Committee ruled in victims withdrew their complaints or the cases of Shukurillo Osmonov and petitioned the prosecuting authorities to end Zhanysbek Khalmamatov in May and June the proceedings. According to the Ministry, respectively that Kyrgyzstan had failed to between January and March 2020, the carry out independent investigations into number of reported cases of domestic torture allegations. Shukurillo Osmonov violence increased by 65% compared to the alleged that he was tortured by four police same period in 2019. In June, the Code of officers in 2011, to force him to confess to Criminal Procedure was amended to allow taking part in the mass disturbances in Osh police to detain perpetrators of domestic in 2010, although he had been out of the violence for up to 48 hours. country at the time. His allegations of torture were investigated by the same investigator HUMAN RIGHTS DEFENDERS who had been in charge of the investigation Human rights defenders continued to face against him and who found no evidence of harassment and reprisals for their work. torture despite medical reports and eye- Kamil Ruziev, the leader of the human rights witness statements. Shukurillo Osmonov was organization Ventus in the city of Karakol, later convicted of arson, rioting and murder. was targeted by the criminal justice system in retaliation for his work on behalf of victims of RIGHT TO HEALTH – HEALTH WORKERS torture. Police arrested him outside a court The authorities failed to protect the human building in Karakol on 29 May for not having rights of health workers. Doctors were not any identification with him, in full knowledge provided with adequate PPE in a timely that the relevant document had been fashion, they were expected to work deposited in the court building. He was excessive hours, were subjected to enforced remanded under house arrest on 31 May on and unsafe “prison like” quarantine, and a charge of allegedly falsifying a hospital remained on low pay (and were often not letter presented to a court to explain why he paid on time). Compensation payments to missed an appeal on behalf of one of his workers for death and illness due to clients, even though doctors confirmed that COVID-19 were restricted and not paid to all they had issued the letter. The case was those who otherwise should have qualified. ongoing at year’s end. Furthermore, doctors who spoke out about

Amnesty International Report 2020/21 221 Prisoners of conscience LATVIA Azimjan Askarov died in prison on 25 July reportedly of pneumonia despite repeated Republic of Latvia calls for his release, including in view of the Head of state: risk to his health from the COVID-19 Head of government: Arturs Krišjānis Kariņš pandemic. Azimjan Askarov was sentenced to life imprisonment in September 2010 on Roma and LGBTI people continued to face false charges and following an unfair trial. He discrimination. Statelessness remained alleged that he had been tortured while in high. There remained no comprehensive law detention. on gender-based violence. Limitations on education in minority languages continued. FREEDOM OF ASSOCIATION In June, Parliament passed at the second BACKGROUND reading amendments to the Law on NGOs A state of emergency in response to the which would impose additional onerous COVID-19 pandemic, effective from March to financial reporting requirements. Failure to June and then from November onwards, comply could result in dissolution. The allowed for restrictions on certain human amendments passed without adequate rights. During the first period, Latvia consultation – civil society’s access to the derogated from several of its obligations discussion was limited because of COVID-19 under the European Convention on Human restrictions, and online discussion was not Rights. provided. By year’s end, the required final The government implemented swift third reading had yet to be timetabled. measures to address the impact of the pandemic and contain the spread of the FREEDOM OF ASSEMBLY virus, but COVID-19 related infections and On 4 March, the Pervomaisky District Court deaths spiked at the end of the year. of Bishkek upheld a decision by the city authorities to ban a peaceful march to DISCRIMINATION celebrate International Women’s Day on 8 The Latvian Centre for Human Rights noted March, on the grounds that measures in March an increase in cases of incitement needed to be taken to prevent the spread of to violence and discrimination targeting COVID-19. The Court declared that “peaceful Latvian nationals repatriating from abroad demonstrations disturb the stable functioning due to COVID-19. of everyday life of the capital” and imposed a ban on all assemblies of over 100 people Roma except for official events in Bishkek until 1 Discrimination against Roma persisted in July. Police dispersed a peaceful march on 8 many areas of life. March, detained 70 activists and held them Concrete measures to include Roma for several hours before charging six with the children, in particular girls, in the mainstream administrative offence of disobeying a police education system remained insufficient. Data officer. The rally set for 8 March finally went on dropout rates for Roma, disaggregated by ahead on 10 March, and the ban on peaceful factors such as sex and age, were not gatherings was lifted until the state of available. emergency was imposed later that month.

Lesbian, gay, bisexual, transgender and intersex (LGBTI) people Latvia’s legislative framework regarding LGBTI rights remained weak, and NGOs

222 Amnesty International Report 2020/21 reported widespread discrimination against LGBTI people. The EU’s Fundamental Rights LEBANON Agency reported that 47% of LGBTI people did not report physical or sexual attacks to Lebanese Republic the police out of fear of a homophobic and/or Head of state: transphobic reaction. Head of government: (replaced Hassan On 12 November, the Constitutional Court Diab in October, who replaced Mustapha Adib in recognized the right of same-sex couples to September, who replaced in August) parental leave. The authorities continued to repress the STATELESSNESS protest movement that began in October Statelessness remained high, with 212,814 2019 through repeated summonses of people having the status of “non-citizen” – a activists to security and military institutions special category for citizens of the former on charges of criminal defamation, as well USSR who have neither Latvian nor another as the use of excessive force against largely citizenship – and 163 people with “stateless” peaceful protesters, including with live status. Domestic law provisions for “non- ammunition, tear gas and rubber bullets. citizens” continued to fall short of State officials rejected calls for an international standards, including a lack of international investigation into a political rights and some restrictions on devastating explosion at the Port of . employment and land ownership. Gaps Torture complaints remained without remained for stateless migrants, including a effective investigation. Due to the economic lack of protection during the statelessness crisis and COVID-19, dozens of migrant determination procedure, absence of a domestic workers were fired and found facilitated route to naturalization and few themselves trapped without passports or safeguards against arbitrary detention, with pay; the Ministry of Labour adopted a alternatives to detention applied only in a revised, standard unified contract for small proportion of cases. migrant workers that included new protections for migrant domestic workers, WOMEN’S RIGHTS including vital safeguards against forced In Concluding Observations in March, labour, but a judicial review body the CEDAW Committee reiterated many suspended its implementation. concerns from its previous review in 2004, including calling on Latvia to adopt a BACKGROUND comprehensive law on gender-based Hassan Diab’s government won a violence. parliamentary vote of confidence on 11 Latvia again failed to ratify the Istanbul February after his predecessor’s government Convention, and 21 members of parliament had resigned in response to the October lodged a case in the Constitutional Court 2019 protest movement calling for an end to challenging the Convention’s compliance with corruption and for radical change among the the Constitution. political elite. The economic crisis deteriorated, with unemployment rising RIGHT TO EDUCATION exponentially and the UN stating that more The Council of Europe’s Venice Commission than 55% of the population lived in poverty, noted in June that certain 2018 amendments almost double the previous year’s rate. On 7 to the law on education in minority languages March, the government defaulted, for the first failed to strike a fair balance between time in its history, on Lebanon’s nearly protection of the rights of minorities and US$90 billion debt. By the end of the year, promotion of the official state language. the Lebanese lira had lost more than 80% of its value, depositors were unable to access

Amnesty International Report 2020/21 223 their US dollar savings but only to withdraw in proceedings inherently lack independence, lira at less than 50% of the black market rate, impartiality and jurisdiction to prosecute and inflation had risen to 133.5%. sitting officials despite serious allegations On 4 August, a massive explosion in the against state bodies.1 port area of Beirut killed at least 204 On 18 August, the Trial Chamber of the people(nine people remained missing), Hague-based Special Tribunal for Lebanon, injured more than 6,500 others and left some set up in 2009 to try those responsible for the 300,000 displaced or homeless. Material 2005 assassination of former Prime Minister damage was found up to 20km from the blast Rafik Hariri, found one person guilty and and the World Bank estimated the repair cost acquitted three others. All were tried in their to be between US$3.8 and US$4.6 billion. absence. According to President Aoun, the blast was Impunity for torture remained in place caused by 2,750 tons of ammonium nitrate three years after the 2017 Anti-Torture Law stored for years at the port, while officials was passed. Complaints rarely reached court exchanged blame. and most were closed without an effective On 10 August, the government of Hassan investigation, often because they were Diab resigned amidst public uproar following referred for investigation to the same the explosion. On 22 October, parliament agencies accused of torture or to the military named Saad Hariri as Prime Minister. He was justice system.2 not able to form a government before the end There was no further action on the torture of the year. complaint actor Ziad Itanihad filed since the In November, the country entered a single hearing session an investigative judge second full lockdown after an earlier one in had held in April 2019. In August, one of the March, due to a spike in COVID-19 rates and officers who Ziad Itani had accused of increasing scarcity of ICU beds. torturing him was promoted. In September, In December, parliament passed a law the same officer and his superior filed a criminalizing sexual harassment specifically criminal defamation case against Ziad Itani in the workplace. It is the first law in Lebanon accusing him of “spreading false accusations to punish sexual harassment, but it did not and damaging the prestige of the State” in set a mechanism for complaints outside the relation to his social media posts about his criminal justice system. Parliament also ordeal. passed amendments addressing some of the In February, military prosecutors closed an shortcomings of the 2014 law on domestic investigation of 15 complaints filed by the violence against women and strengthening Lawyers’ Committee to Protect Protesters on the punishment for sex work. behalf of 17 protesters in December 2019. The complaints listed acts of torture and IMPUNITY other ill-treatment that occurred during Following the explosion in Beirut, state protests, arrests and transportation to and officials exchanged accusations of blame, inside detention centres. with leaked official documents indicating that customs, military and security authorities, as ARBITRARY ARRESTS AND DETENTIONS well as the judiciary, had warned successive Between 17 October 2019 and 15 March governments of the dangerous stockpile of 2020, Military Intelligence, Internal Security chemicals at least 10 times in the past six Forces and other security agencies arbitrarily years. Lack of trust in state procedures led arrested 967 peaceful protesters, often victims, their relatives and human rights without a warrant, and subjected them to organizations to call for an international fact- severe beatings and blindfolding, in addition finding mechanism. Instead, the authorities to torture and other ill-treatment in custody, referred the investigation to the Judicial to extract “confessions”: the authorities failed Council, a court of exception whose to investigate. In three days on 14, 15 and 19

224 Amnesty International Report 2020/21 January, 167 protesters were arbitrarily slander, libel, insult and for making those arrested in Beirut.3 posts public. On 30 September, parliament amended Article 47 of the Code of Criminal FREEDOM OF ASSEMBLY Procedures, introducing the right of suspects Protests continued in the first quarter of the to have a lawyer present during pre-trial year with protesters feeling their demand for interrogations and requiring that there be genuine political change had not been met. audiovisual recordings of interrogation The protests continued until the March sessions. However, it added a provision COVID-19 lockdown. allowing for an open-ended extension of the In response to protests in January, pre-trial detention period, previously set at a February and August, the military, the maximum of four days, if the detainee is Internal Security Forces and Parliament transferred from one detention centre to Police used excessive force, including live another. ammunition, rubber pellets and tear gas, against largely peaceful protesters and failed RIGHT TO HEALTH to protect them from armed supporters of Thousands of prisoners were at heightened political parties. On 19 January, the Internal risk of exposure to COVID-19 due to Security Forcesunlawfully used rubber bullets persistent overcrowding and inadequate at close range, in addition to water cannons, living conditions, often without access to tear gas and baton beatings, while seeking to adequate preventive measures. From March disperse protesters in Beirut, leaving onwards, a number of riots took place inside hundreds of protesters injured. At least two prisons, and family members held sit-ins women who were arrested said that outside prisons and police stations, calling for policemen had threatened them with rape. the release of prisoners. On 6 April, the The Lebanese Red Cross announced that at Ministry of Interior announced the release of least 409 protesters were injured over two more than 600 prisoners who had been in nights. pre-trial detention, as part of the On 8 August, thousands of protesters government’s measures to contain the spread gathered in Beirut’s Martyrs’ Square to call of COVID-19.4 for justice for the victims of the Beirut explosion. The army and security forces FREEDOM OF EXPRESSION responded with unlawful force against Between January and July, judicial and unarmed protesters, recklessly firing tear gas, security officials summoned at least 60 rubber bullets and pellets and injuring more activists and journalists for interrogation in than 230 people.6 relation to charges of criminal defamation mostly related to social media posts in MIGRANT WORKERS’ RIGHTS support of the protest movement or that Women migrant workers continued to suffer criticized the authorities.5 Security and discriminatory practices under the kafala military agencies interrogated them, some (sponsorship) system. Due to the economic repeatedly and some during the COVID-19 crisis coupled with the spread of COVID-19, lockdown, even though none of these dozens of migrant domestic workers were agencies is mandated to look into issues of dismissed and unable to return to their free speech. countries of origin. From May onwards, In June, the State Prosecutor ordered the employers abandoned scores of migrant Central Criminal Investigation Bureau to domestic workers outside their consulates or investigate and identify people who posted on embassies, often without their belongings or social media statements or photoshopped even their passports. Many of them said that photos considered offensive to the President, their employers had stopped paying them and to prosecute them for defamation, and refused to provide them with tickets to

Amnesty International Report 2020/21 225 return home, as per their contractual In November, UNHCR announced that requirements.7 between August and September, nine The Ministry of Labour consulted the ILO- resettlement countries had prioritized facilitated working group on the kafala on departures from Lebanon once lockdown draft versions of a revised unified standard measures were lifted, accepting 1,027 contract, and in September, the Minister of refugees. Labour passed Ministerial Decision 1/90 Over 470,000 Palestinian refugees were adopting a revised unified standard contract registered with the UN Relief and Works for migrant workers. It includes the right to Agency, the UN agency for Palestinian resign without losing immigration status, refugees, including 29,000 Palestinian change employer without the consent of the refugees from Syria. The 180,000 of them current employer and be paid at least the estimated to be still living in the country national minimum wage with a permissible remained subject to discriminatory laws, deduction that covers in-kind contributions excluding them from owning or inheriting by the employer such as food and housing. It property, accessing public education and also prohibited employers from confiscating a health services and from working in at least worker’s passport and identity documents 36 professions. and entitled workers to freedom of movement during daily and weekly rest periods. DEATH PENALTY However, on 14 October, the Shura Council, Courts continued to hand down death the country’s top administrative court, sentences; no executions were carried out. suspended the implementation of the decision introducing the new contract, 1. Lebanon: Only an international investigation can ensure Beirut following an appeal made by the Syndicate of explosion victims’ rights to truth, justice and remedy (MDE the Owners of Recruitment Agencies, on the 18/2997/2020) grounds that the new contract comprised 2. Lebanon: Authorities’ failure to implement anti-torture law is a “severe damage” to the agencies’ interests. disgrace (Press release, 25 November) The Council made no reference to the rights 3. Lebanon protests explained (Press release, 22 September) 8 of migrant domestic workers. 4. Lebanon: Government must urgently release more prisoners to prevent spread of COVID-19 (Press release, 21 April) REFUGEES AND ASYLUM-SEEKERS 5. Lebanon: Punishing the October protest movement (MDE Lebanon continued to host approximately 1.5 18/2628/2020) million Syrian refugees, including 879,598 6. Lebanon: Military and security forces attack unarmed protesters people registered with UNHCR, the UN following explosion – new testimony (Press release, 11 August) refugee agency, and, according to the 7. Lebanon: Abandoned migrant domestic workers must be protected government, around 550,000 who were (Press release, 3 June) unregistered, after a 2015 government 8. Lebanon: Blow to migrant domestic worker rights (Press release, 30 decision to bar the agency from registering October) new Syrians arriving. The organized returns of Syrians to Syria continued until March, without their being LESOTHO given the right to challenge their deportation due to protection concerns. On 14 July, the Kingdom of Lesotho government adopted another general policy Head of state: Letsie III paper that would enable the continuation of Head of government: (replaced its policy to push for the return of refugees to Thomas Motsoahae Thabane in May) Syria, putting many refugees at risk of refoulement. However, the Ministry of Social Prime Minister Thomas Thabane faced Affairs suspended implementation of the plan charges related to his alleged complicity in following the explosion in Beirut. murder and attempted murder, although no

226 Amnesty International Report 2020/21 one had been brought to justice for the crimes by the year’s end and witnesses had RIGHT TO HEALTH received death threats. Thousands faced In April, senior government officials forced eviction to make way for a dam. The acknowledged that the country’s health care outbreak of COVID-19 in the country put system would be unable to deal adequately the livelihoods of tens of thousands at risk with a large-scale COVID-19 outbreak. They and led to state of emergency measures, had no capacity to test for the virus until mid- which the authorities used as a pretext to May, before which samples were sent for violate the rights to freedom of movement testing to South Africa. and peaceful assembly. Health care workers went on strike when their demands for PPE Health workers were not met. In April, many health care workers including doctors, nurses and laboratory technicians, IMPUNITY went on strike to demand PPE provision and No one was brought to justice for the murder higher wages which they said should reflect of Prime Minister Thomas Thabane’s the health risks arising from their exposure to estranged wife, Lipolelo Thabane, and the COVID-19. They returned to work after their attempted murder of her acquaintance, demands were met. Thato Sebolla. In February, the police announced that the then Prime Minister, FORCED EVICTIONS Thomas Thabane, faced charges in The construction of the Polihali Dam in connection with the crimes. Lipolelo Thabane Mokhotlong district in the early part of the was shot dead in 2017 by unknown year threatened nearly 8,000 people with assailants while driving home on the outskirts forced eviction and the loss of their of the capital, Maseru, with Thato Sebolla. livelihoods. The affected communities were The authorities failed to provide adequate not engaged in a process of genuine protection to witnesses in the case. Thato consultation or adequately compensated for Sebolla and other key witnesses fled the losing their homes and some of the displaced country after they felt unsafe due to lack of were given just over US$1 as compensation witness protection. Three people, also for being resettled far from their homes in believed to be witnesses in the case, died in areas around Mokhotlong. The dam was mysterious circumstances in Maseru being constructed to supply water to South between 2017 and 2020.1 Africa as part of the transnational Lesotho In May, following mounting pressure from Highlands Water Project. various political parties for Thomas Thabane to stand down, he resigned as Prime ECONOMIC, SOCIAL AND CULTURAL Minister.2 RIGHTS COVID-19 disrupted the economy, putting the FREEDOM OF MOVEMENT livelihoods of tens of thousands of people at On 27 March, the Prime Minister declared a risk. Many businesses were forced to cease state of emergency which was backdated to operations leaving their workers unemployed. 18 March, and which introduced measures Mining and manufacturing sectors were to control and prevent the spread of hardest hit with more than 40,000 workers COVID-19 after South Africa recorded its first losing their incomes after being laid off. case on 5 March. Security forces used the In March, the government took measures measures as a pretext to violate the rights to to address the economic meltdown, including freedom of movement and peaceful by providing financial relief for the private assembly. sector and its employees who had lost their jobs in the mining and textile industries. However, hundreds of thousands of people

Amnesty International Report 2020/21 227 were adversely affected as the financial relief detained arbitrarily without trial or the was not enough. Those who worked in the possibility to challenge the legality of their informal economy were disproportionately detention. Militias and armed groups affected and faced food insecurity. abducted people on the basis of their actual In April, the government announced that or perceived political, regional or tribal its already failing health system would not be affiliation and nationality, including equipped to deal with the return of tens of protesters, journalists, doctors, government thousands of Basotho, an Indigenous People employees and civil society activists; took from Lesotho, and appealed to them, for ransom; and tortured or especially those living and working in South otherwise ill-treated them in official and Africa, not to return home while the unofficial places of detention. Women, girls authorities implemented measures to mitigate and members of the lesbian, gay, bisexual, against the economic and social impact of transgender and intersex community COVID-19. continued to face discrimination and At the end of June, the International violence. Members of ethnic minorities Monetary Fund approved US$49.1 million for struggled to access adequate health care emergency support to Lesotho to address the and other essential services. Officials, pandemic. members of armed groups and militias, and criminal gangs systematically subjected detained refugees, asylum-seekers and 1. Lesotho: Authorities must protect key witnesses to the murder of Lipolelo Thabane (Press release (21 February) migrants to torture and other ill-treatment, 2. Lesotho: Thabane’s resignation should not be a license to immunity unlawful killings, sexual violence and forced over alleged complicity in the murder of late wife (Press release, 20 labour. Military courts handed down death May) sentences; no executions were reported. BACKGROUND LIBYA Libya remained divided between two entities competing for legitimacy and territorial State of Libya control: the UN-backed GNA led by Prime Head of state and government: Fayez al-Sarraj Minister Fayez al-Sarraj based in Tripoli; and (disputed) the Interim Government based in eastern Libya supported by the LAAF, also referred to Militias, armed groups and third states, as the Libyan National Army, led by Khalifa backing warring parties, committed Haftar, and the House of Representatives, violations of international humanitarian law, headed by Ajila Saleh. including possible war crimes, with By June, the GNA, openly backed militarily impunity. Fighting in and around the by Turkey, regained full control of the capital capital, Tripoli, and other cities in western and other cities in western Libya, pushing Libya between forces loyal to the UAE-backed LAAF forces eastward towards Government of National Accord (GNA) and Sirte and effectively reversing the April 2019 the Libyan Arab Armed Forces (LAAF) led to military offensive launched by the LAAF on the killing and wounding of civilians, mass western Libya. In October, parties to the displacement, and damage to civilian conflict signed a permanent ceasefire infrastructure, including hospitals. In agreement. violation of the UN arms embargo, Turkey, In response to the COVID-19 pandemic, Russia and the United Arab Emirates national and de facto local authorities across (UAE), among other countries, continued to Libya closed borders and introduced other supply their allies with arms and military movement restrictions between March and equipment, including banned anti- September. The health care system, personnel mines. Thousands of people were weakened by years of conflict and insecurity,

228 Amnesty International Report 2020/21 struggled to cope. Libya recorded the second properties on fire in areas recaptured from highest per capita infection and death rate in the LAAF and allied armed groups, including continental Africa. in the cities of Surman, Sabratha, al-Asabah In October, oil production and exports and Tarhuna as well as Tripoli resumed after the National Oil Company lifted neighbourhoods.1 the force majeure it had declared in January In May, LAAF-affiliated non-state actors following the LAAF blockade between laid extensive Russian-supplied, tripline- January and September. The disruption activated, banned anti-personnel landmines exacerbated fuel shortages and electricity and other booby traps in homes and other cuts throughout Libya. civilian property in areas from which they Municipal elections took place in Ghat, withdrew in and around Tripoli, leading to Misrata and al-Zawiya districts. In August, civilian casualties. armed groups connected to the LAAF forcibly Since June, GNA-affiliated forces closed polling stations during municipal discovered several mass graves in and elections in the town of Traghen. around Tarhuna, some containing bodies of The armed group calling itself Islamic women, children and men suspected of State claimed a small number of attacks being unlawfully killed by the LAAF-affiliated against local security forces in southern al-Kaniat forces. The GNA announced Libya. investigations, but officials said resource shortages impeded their ability to carry out VIOLATIONS OF INTERNATIONAL their work. HUMANITARIAN LAW AND THE UN ARMS Several countries violated the UN arms EMBARGO embargo established since 2011. Turkey Militias and armed groups committed serious supplied the GNA with arms and equipment, violations of international humanitarian law, in established a military presence, and directly some cases amounting to war crimes. intervened through air strikes, such as in According to the UN Support Mission in June when at least 17 civilians were killed Libya, at least 170 civilians were killed and and a further 12 wounded in Qasr Bin 319 were wounded between January and Ghashir in the south-western outskirts of June. The majority of civilian casualties Tripoli. The UAE provided the LAAF with resulted from indiscriminate attacks with Chinese-manufactured Wing Loong drones inaccurate weapons in densely populated and operated them on its behalf in at least areas, explosive remnants of war and air one incident in January, causing fatalities strikes. Fighting also led to damage to among individuals not directly involved in homes, hospitals and other civilian hostilities. The LAAF used armoured vehicles infrastructure. Over 316,000 people manufactured in Egypt. remained internally displaced due to conflict The UAE used military airbases in Egypt to and insecurity. launch airstrikes and to ship arms to the Armed groups and militias continued to LAAF. The GNA and LAAF used third country attack medical facilities and abduct health nationals in their military operations. Turkey workers. In April and May, LAAF-affiliated recruited and brought Syrian nationals, forces shelled al-Khadra General Hospital in including children, to fight with the GNA. Tripoli, designated by the Health Ministry to Foreign fighters, employed by the Russian treat COVID-19 patients, injuring at least 14 military private company Wagner, fought civilians and causing material damage. alongside LAAF forces. GNA-affiliated militias carried out retaliatory attacks against civilians perceived FREEDOM OF EXPRESSION as being associated with their rivals. Between Militias and armed groups continued to target April and June, they looted civilian homes, journalists and social media users through hospitals and public buildings, and set arbitrary arrest, detention and threats, simply

Amnesty International Report 2020/21 229 for expressing critical views or carrying out areas reported being subjected to threats, their work. surveillance and intimidation by militias or Militias in Tripoli and Misrata stopped armed groups. vehicles at checkpoints, forcing occupants to unlock their phones and arresting those with ARBITRARY DETENTION AND phones deemed to contain critical content. DEPRIVATION OF LIBERTY In July, a military court in eastern Libya Militias, armed groups and security forces convicted journalist Ismail Bouzreeba Al- continued to arbitrarily detain thousands of Zway of “terrorism”-related charges and people without charge or trial, some for as sentenced him to 15 years’ imprisonment long as ten years. The GNA announced the solely for his media work and opinions critical release of around 1,900 prisoners in of the LAAF. response to risks posed by COVID-19 In August, al-Nawasi militia, nominally outbreaks in custodial settings. under the GNA’s Interior Ministry, abducted In June, in the LAAF-controlled city of radio journalist Samy al-Sherif and detained Ajdabiya, at least 11 individuals from the him in an undisclosed location for 11 days for Magharba tribe were abducted and remained his coverage of the protests in Tripoli. detained over their perceived family affiliation to Ibrahim Jadran, former leader of the FREEDOMS OF ASSEMBLY AND Petroleum Facilities Guard armed group, at ASSOCIATION odds with the LAAF. In August and September, people across the In western Libya, militias affiliated to the country took to the streets in both GNA- and GNA, including the Special Deterrence Force LAAF-controlled areas in rare protests against (Radaa Forces), the Bab Tajoura Brigade, al- worsening living conditions, nepotism and Nawassi, the Abu Selim Brigade and al- unaccountable militias. Militias and armed Zawiya Support Force-First Division, groups responded to protests with excessive continued to unlawfully detain dozens of use of force and arbitrary arrests. individuals. In August, al-Nawasi militia fired live Throughout the year, families of those ammunition, including from heavy machine arbitrarily detained without any judicial guns, to disperse demonstrations in Tripoli, process for years at Mitiga prison in Tripoli, injuring at least three protesters and forcibly controlled by Radaa Forces and nominally disappeared at least 13 protesters for up to under the GNA, organized several protests 12 days, before releasing them without calling for their release. charge. The GNA deployed militias across Tripoli and imposed a curfew to deter further TORTURE AND OTHER ILL-TREATMENT protests.2 Militias and armed groups systematically In September, LAAF-affiliated armed tortured and otherwise ill-treated detainees in groups used live ammunition to disperse official and unofficial places of detention with protests in the eastern cities of Benghazi and impunity, subjecting them to beatings, al-Marj, killing at least one man and injuring electric shocks, mock executions, suspension at least three others in al-Marj. At least 11 in contorted positions and sexual violence. people were arrested in connection to the Videos, including live footage of torture and protests. sexual violence involving members of a GNA- In October, staff in civil society allied militia and LAAF affiliated armed organizations in GNA-controlled areas groups according to activists, circulated on reported that the Civil Society Commission social media, including in January, May and had asked them to sign pledges not to September. communicate with international actors In July 30-year-old Tarek Abdelhafiz was without prior authorization. Civil society tortured to death while in the custody of the activists in both GNA- and LAAF-controlled 128th Brigade, an armed group affiliated with

230 Amnesty International Report 2020/21 the LAAF, which had captured him from the sexual orientation or gender identity, and town of Hon 14 days earlier.3 tortured and otherwise ill-treated them. In August, members of al-Nawasi militia and LAAF-affiliated armed groups beat DISCRIMINATION several people arrested in relation to the Ethnic minorities protests, respectively in Tripoli and al-Marj. Some members of the Tabu community in southern Libya faced barriers in accessing VIOLENCE AGAINST WOMEN AND GIRLS adequate health care as major local health Women and girls faced sexual and gender- facilities were located in areas controlled by based violence from state and non-state rival armed groups. Some Tabus and actors, amid the authorities’ failure to provide Touaregs in southern Libya were also denied them with protection and redress. Women access to essential services, including and girls faced barriers to seeking justice for education and health care, because they rape and other sexual violence, including the lacked identity documents.4 risk of prosecution for engaging in sexual relations outside marriage, criminalized in IMPUNITY Libya, and revenge by alleged perpetrators. Officials and members of militias and armed Women activists and politicians faced groups responsible for crimes under gendered abuse and threats online. international law and other serious human In April, members of al-Kaniat armed rights violations enjoyed near total impunity. group abducted at least four women, Judges and prosecutors were targeted by probably in retaliation for their family's militias and armed groups. affiliation with the GNA. Libyan officials on both sides of the conflict In November, unknown gunmen publicly continued to ignore the ICC’s arrest warrants shot and killed lawyer Hanan al-Barassi in against Saif al-Islam Gaddafi, al-Tuhamy Benghazi, a day after she posted on social Mohamed Khaled and Mahmoud al-Werfalli. media that she was going to release a video Mahmoud al-Werfalli, who is wanted by the exposing LAAF leader’s son Saddam Haftar’s ICC for the murder of 33 people in Benghazi corruption. A vocal critic of the corruption of and surrounding areas, remained a senior several individuals affiliated to the armed leader in the Saiqa Force of the LAAF. groups in eastern Libya, she and her In April, Ahmad al-Dabbashi, also known daughter had been receiving death threats as as al-Amu (the uncle), was seen fighting a result. alongside GNA forces in Sabratha, despite Women continued to face discrimination in being under an arrest warrant issued by the law and practice, including in matters related Libyan prosecution and on the June 2018 to marriage, divorce and inheritance. In UN Security Council sanctions list for his role October, the Libyan Supreme Judicial Council in human trafficking in Libya. appointed five women judges for two newly In a rare move, on 14 October, the GNA created special courts in Tripoli and Benghazi Interior Ministry announced the arrest of to hear cases of violence against women and Abdelrahman Milad, also known as Bidja, for children. The courts were not operational by his involvement in human trafficking. the end of the year. In June, the UN Human Rights Council established a fact-finding mission to RIGHTS OF LESBIAN, GAY, BISEXUAL, investigate violations and abuses of TRANSGENDER AND INTERSEX (LGBTI) international human rights law and PEOPLE international humanitarian law committed by Articles 407 and 408 of the Penal Code all parties to the conflict in Libya since 2016. criminalize sexual relations between consenting adults. Al-Radaa Forces continued to detain men for their perceived

Amnesty International Report 2020/21 231 were evacuated, while 2,739 were returned RIGHTS OF REFUGEES, ASYLUM- to their countries of origin during the year. SEEKERS AND MIGRANTS While hostilities were raging in Tripoli and Refugees and migrants were subjected to Tarhuna in May and June, militias and armed widespread and systematic human rights groups forced refugees and migrants to take violations and abuses at the hands of part in military operations, for transporting officials, members of militias and armed weapons and other equipment to combat groups, and criminal gangs.5 zones, endangering their lives and safety. The Libyan Coast Guard (LCG) intercepted In May, traffickers in the town of Mazda, 11,891 refugees and migrants at sea and 180km south of Tripoli, shot at a group of brought them back to Libyan shores, where about 200 refugees and migrants, killing 30 they were subjected to enforced and injuring others. In July, security forces in disappearances, indefinite and arbitrary the city of al-Khums opened fire at a group of detention, torture, forced labour and unarmed refugees and migrants attempting extortion. Thousands of those disembarked to flee detention, leading to three deaths and were detained indefinitely in facilities run by two injuries. the Directorate for Combating Illegal Migration (DCIM), under the GNA Interior DEATH PENALTY Ministry, without the possibility to challenge Libyan law retained the death penalty for a the legality of their detention. Thousands wide range of offences not limited to more were forcibly disappeared after being intentional killing. In May, two military courts transferred to unofficial places of detention, in the LAAF-controlled cities of Benghazi and including the Tobacco Factory under the al-Bayda issued death sentences against command of a GNA-affiliated militia led by civilians after grossly unfair trials. Those Emad al-Tarabulsi in Tripoli. Their fate and convicted were denied access to evidence whereabouts remained unknown. against them and the right to adequate Italy and other EU member states defence. continued to support the LCG, including by donating speedboats and training crews (see 1. Libya: Retaliatory attacks against civilians must be halted and Italy entry). investigated (Press release, 5 June) DCIM officials, members of militias and 2. Libya: Heavy weaponry used to disperse peaceful protesters armed groups, and traffickers systematically demanding economic rights (Press release, 26 August) subjected detained refugees and migrants to 3. Libya: UN Rights Council Members must address widespread torture inhumane and overcrowded conditions of during periodic review (Press release, 10 November) detention, torture and other ill-treatment, and 4. Libya: Historic discrimination threatens right to health of minorities forced labour. Some were tortured or raped in the south amid COVID-19 (Press release, 20 April) until their families paid ransoms. Women and 5. “Between Life and Death”: Refugees and migrants trapped in Libya's girls were at heightened risk of rape and cycle of abuse (MDE 19/3084/2020) other sexual violence. The LAAF and affiliated armed groups expelled over 6,000 refugees and migrants LITHUANIA from eastern Libya to neighbouring countries without due process or the opportunity to Republic of Lithuania challenge deportation decisions or seek Head of state: Gitanas Nausėda international protection. Many were left at Head of government: Saulius Skvernelis land borders without food or water. COVID-19 restrictions led UN agencies to Lithuania’s alleged complicity in the CIA’s temporarily suspend repatriation and rendition and secret detention programme resettlement programmes. Only 811 refugees remained under scrutiny. LGBTI people continued to face discrimination. Measures

232 Amnesty International Report 2020/21 taken in response to the COVID-19 virus negatively affected women. RIGHT TO PRIVACY In April, the government proposed an TORTURE AND OTHER ILL-TREATMENT amendment to the Law on Electronic The case of Al-Hawsawi v Lithuania remained Communications in response to the spread of pending before the European Court of the COVID-19 virus. The amendment would Human Rights (ECtHR). Mustafa Al-Hawsawi, grant law enforcement broad powers to a Saudi Arabian national detained at obtain a person’s location data from Guantanamo Bay, claimed he had been held telecommunications providers during a state at a secret CIA detention centre in Lithuania of emergency or declared quarantine, without and subjected to enforced disappearance, prior judicial authorization. Opposition arbitrary detention and torture by the CIA politicians and health workers’ associations between 2005 and 2006. In January, lawyers warned that the proposed powers would for Mustafa Al-Hawsawi filed their response enable widespread surveillance and have to Lithuania’s submission to the ECtHR. limited public health benefits. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PEOPLE MADAGASCAR Discrimination against LGBTI people Republic of Madagascar remained prevalent in Lithuania. In January, Head of state: Andry Rajoelina the ECtHR found in favour of two gay men Head of government: Christian Ntsay who had been subjected to online comments amounting to incitement to hatred and The COVID-19 pandemic had a devastating violence against LGBTI people. The impact on access to food. Gender-based authorities refused to investigate the violence remained widespread, and comments, stating that the applicants’ increasing numbers of women and girls behaviour had been “eccentric” and underwent unsafe abortions. A woman deliberately provocative and citing “traditional faced imprisonment for consensual same- family values” in Lithuania. The ECtHR found sex relations. Tens of thousands of people, that the applicants had suffered including hundreds of children, were discrimination on the grounds of sexual subjected to prolonged pre-trial detention in orientation and been denied an effective appalling conditions. The right to freedom domestic remedy. of expression was restricted, and the authorities imposed measures to prevent WOMEN’S RIGHTS broadcasters from sharing information The Equal Opportunities Ombudsperson about COVID-19. voiced concern that measures imposed to prevent the spread of COVID-19 BACKGROUND disproportionately affected women, noting an On 22 March, the President declared a state increase in reports of domestic violence to of emergency in view of the COVID-19 police. Civil society groups reported that outbreak. It was extended periodically until some health care providers had suspended 18 October. or cancelled abortion services during the nationwide lockdown from March to June, ECONOMIC, SOCIAL AND CULTURAL restricting women’s access to sexual and RIGHTS reproductive health care. The COVID-19 pandemic had a devastating impact on livelihoods and household incomes. In June, the National Institute of Statistics said that over 64% of households

Amnesty International Report 2020/21 233 surveyed said their incomes had decreased a hefty fine for “anyone who has committed significantly; around 60% said they did not an indecent or unnatural act with an have enough food; and some 50%, in urban individual of the same sex, under the age of areas, had difficulty buying during 21 years”. The age of consent for lockdown, mainly due to a sudden increase heterosexual sex, on the other hand, was 14. in price. In the south, 1.5 million people were in RIGHT TO A FAIR TRIAL need of immediate emergency food Despite promises made by the President in assistance following three years of drought- 2019, excessive use of prolonged pre-trial affected harvests. detention and severe prison overcrowding continued. Thousands of people continued to GENDER-BASED VIOLENCE be detained for years without trial, and by Despite the government’s recent efforts to May, pre-trial detainees constituted 55% of address women’s rights, including by the prison population. By August, introducing a new law, 009/2019, in Madagascar's prisons, which had a capacity December 2019, to combat gender-based for 10,360 inmates, held 27,327 people, violence, the practice remained widespread. including 734 children, in inhumane Local organizations reported an increase in conditions. the number of domestic violence cases In June, the President pardoned around during lockdown. 1,700 convicted prisoners. These included: people convicted of minor offences who had SEXUAL AND REPRODUCTIVE RIGHTS three months or less left on their sentence; The NGO Doctors of the World (MdM) said women over 55 and men over 60 who had that the increase in gender-based violence been in prison for 10 years or more; and during lockdown had led to an increase in children who had served at least half their the number of unwanted pregnancies and to sentence. more women and girls undergoing unsafe Meanwhile, thousands continued in abortions. Abortion remained a criminal prolonged pre-trial detention, which was used offence, and MdM said that unsafe abortions extensively against perpetrators of minor were the second main cause of maternal offences. In August, 60% of women and girls mortality in the country after post-partum in prison were pre-trial detainees, and 75% haemorrhage. of all children in prison were in pre-trial detention. RIGHTS OF LESBIAN, GAY, BISEXUAL, The right of pre-trial detainees to a fair trial TRANSGENDER AND INTERSEX (LGBTI) was violated. In practice, legal aid was not PEOPLE available, despite legal provisions which Gay and lesbian sexual relations remained guaranteed the right to legal defence at all taboo in Malagasy society, and the stages of the process. They were therefore government consistently failed to protect denied access to information about their LGBTI people from stigmatization and rights, or the progress of their cases. discrimination. In August, 88 inmates escaped from the On 10 March, a 33-year-old woman was Farafangana Prison in the southeast, put in pre-trial detention in Antanimora apparently in protest against pre-trial Prison, on charges of “corruption of minors” detention, including its use against people for having consensual same-sex relations who had been charged with petty offences, with a 19-year-old woman. Her trial was severe overcrowding and squalid conditions, postponed at least four times, but she was and widespread reports of corruption within finally acquitted on the benefit of the doubt in the prison system which forced them to pay December. Article 331 of the Penal Code bribes to various people within the system to carries a prison term of two to five years and obtain family visits, among other things. Local

234 Amnesty International Report 2020/21 sources reported that the detainees had had no family visits since the COVID-19 outbreak. Media During the escape, the security forces killed After the COVID-19 outbreak, the government 20 detainees, and three more died from their took drastic measures to control information injuries in the following days. Seventeen of shared by the media and individuals. It them were pre-trial detainees. evoked Law 91-011 of 1991 – which was intended to be applied in exceptional FREEDOM OF EXPRESSION circumstances – and permitted the media to On 28 May, Stéphane Ralandison, a share only official government information. professor and Dean of the Faculty of Other restrictive measures included Medicine at Toamasina University, was prohibiting radio stations from broadcasting arrested and interrogated by the criminal phone-in shows. section of the gendarmerie’s Toamasina On 4 April, Arphine Helisoa, a journalist Brigade. The following day, he was perceived to be affiliated with the opposition, summoned to the Toamasina Court and was arrested and put in pre-trial detention in accused of murdering his colleague, Dr Antanimora Prison. She was charged, for the Daniel Randriamiarivonjy who, according to second time since 2019, with spreading fake hospital staff, hanged himself on 24 May. news and inciting hatred against the However, during Stéphane Ralandison’s President. She was released one month later, three-hour interrogation, he was also following a presidential amnesty for questioned about a recent LinkedIn post in imprisoned journalists, although it was which he had criticized the government’s unclear whether the charges were dropped. response to the COVID-19 pandemic and the Later that month, a television presenter, risks of disregarding scientific research into known as “Sabrina”, who worked for the Kolo cures, among other things. Ultimately, no Channel, was charged with spreading fake charges were brought against him. news on social media about the number of On 16 July, Harry Laurent Rahajason, a COVID-19 cases in the country. She was put former journalist and Communication in pre-trial detention in Antanimora Prison Minister in the previous government, was and released on 6 May under the presidential arrested along with four other people and put amnesty. in pre-trial detention in Antanimora Prison in On 6 April the pro-opposition Real TV the capital, Antananarivo. He was charged channel tried to broadcast a repeat interview with undermining state security in connection with former President Ravalomanana in with organizing and funding a protest that which he criticized the government’s allegedly took place in July, despite state handling of the COVID-19 pandemic. The emergency regulations which banned such broadcast failed because the transmitter and events. The protest was connected to the antenna had been damaged. According to case of Berija Ravelomanantsoa, a student Reporters Without Borders, the incident leader, who had been held in pre-trial followed soon after the Ministry of detention since 8 June. On 30 September, Communication and Culture warned Real TV Berija Ravelomanantsoa was convicted under and two other opposition media outlets not to the Cybercrime Law of undermining the state report on COVID-19. The warning noted that and insulting the President on Facebook and the stations had failed to air live sentenced to 44 months in prison. Harry transmissions of the state media’s news Laurent Rahajason and his four co-accused bulletins on the pandemic. were sentenced to 44 months’ imprisonment on 15 October.

Amnesty International Report 2020/21 235 MALAWI Judiciary In June, two weeks before the elections, the Republic of Malawi President’s office issued a notice to forcibly Head of state and government: Lazarus McCarthy place the Chief Justice Andrew Nyirenda and Chakwera (replaced Arthur Peter Mutharika in June) another judge Edward Twea on leave pending retirement with immediate effect. This was Human rights defenders were intimidated, irregular as the President’s office has no harassed and arbitrarily arrested. The power to do so and was widely seen as an independence of the judiciary remained attempt to punish the two for having been on under attack from the executive. Prisons the bench that in February annulled the were overcrowded and conditions poor. 2019 elections. Attacks against people with albinism continued. RIGHT TO HEALTH In August, the President pardoned 499 BACKGROUND prisoners to ease overcrowding and reduce Following mass protests against the the risk of COVID-19 infection. Nevertheless, controversial presidential elections in 2019 prisons remained overcrowded, and which saw President Mutharika re-elected, prisoners’ health was at risk. Over 107 the Constitutional Court annulled the results prisoners and 27 prison officers had tested in February and called for fresh elections positive for COVID-19 by August which within 150 days, as well as for reforms to the accounted for 3% of infections nationwide. Electoral Commission Act. The elections took Facilities were dilapidated and there was place in June and a new President was insufficient access to food, water and medical elected. treatment throughout the country. In March, the government declared a state of disaster in response to the COVID-19 DISCRIMINATION - PEOPLE WITH pandemic. ALBINISM Between January and October, at least three FREEDOM OF EXPRESSION abduction attempts were made against Human rights defenders people with albinism. In January, the grave of Human rights defenders were arrested, a two-year-old boy with albinism was attacked, harassed and intimidated as the tampered with in Mulanje. In February, authorities mounted a crackdown on dissent Tafwauli Ngona, a 92-year-old woman, had ahead of the June elections. two toes severed in an attack by an Between March and June, the President unidentified assailant in Mzimba. and senior ruling party officials issued public The trial of 12 people accused in statements threatening human rights connection with the murder of MacDonald defenders and activists. Masambuka, whose body was found dumped In March, Timothy Mtambo, Gift Trapence in a field in 2018, continued. A former and MacDonald Sembereka, of the Human presidential adviser and some politicians Rights Defenders Coalition, were arrested for were implicated in the killing, but charges calling on people to protest in front of the were not brought against them. President’s house to urge him to assent to the Electoral Reforms Bill. They were charged UNLAWFUL KILLINGS with, among other things, “inciting other(s) to In July, the Police Commissioner for the contravene the law”, under the Penal Code. and 11 police officers were The police released them from Maula prison arrested in connection with the death of in the capital, Lilongwe, four days later, under Buleya Lule in police custody at Lilongwe stringent bail conditions. Police Station in Area 3 in 2019. According to

236 Amnesty International Report 2020/21 an autopsy report, he died after being reported since the beginning of the year, electrocuted. He was being held in while 143 cases were opened under the connection with the abduction and murder of CMA. In June, opposition MP Xavier a 14-year-old boy with albinism in Dedza. Jayakumar was investigated under sedition laws after criticizing the government for not convening a full parliamentary session. Also in June, radio personality Patrick Teohwas MALAYSIA charged under sedition laws for a social Malaysia media post allegedly insulting the royalty. Head of state: Abdullah In July, a man was sentenced to 26 Head of government: (replaced months in jail for social media posts deemed Mahathir bin Mohamad in March) insulting to Islam. Steven Ganof news website Malaysiakini was charged with contempt of Investigations into human rights activists court over reader comments. The and government critics, mass raids against government also investigated journalists from undocumented migrants and the pushback the Al Jazeera news channel and the South of refugee boats contributed to a China Morning Post newspaper for separate deterioration of human rights. LGBTI people reports on the treatment of migrants under continued to face discrimination while the COVID-19 lockdown. Indigenous communities remained under The authorities charged five union activists threat from logging and mining. Human with violating the MCO after they had held a rights reforms, including the formation of peaceful demonstration protesting unfair an independent police oversight labour practices, union busting and commission and the abolition of the insufficient personal protective equipment for mandatory death penalty, stalled under a hospital workers.2 The charges were later new administration. dropped by a court. BACKGROUND REFUGEES, ASYLUM-SEEKERS AND In February, the Pakatan Harapan coalition MIGRANTS government collapsed after parliamentarians The government response to the COVID-19 defected to form Perikatan Nasional under pandemic was harsh on refugees, asylum- new Prime Minister Muhyiddin Yassin. The seekers and migrant workers. Immigration country was placed under a Movement raids, involving arrests and detentions, were Control Order (MCO) from March in response conducted in areas with high migrant to the COVID-19 pandemic. Prison populations amid rising xenophobia. A populations were not significantly reduced COVID-19 outbreak emerged in immigration despite an outbreak of over 5,000 infections. detention centres,3 with over 600 peopleinfected. FREEDOMS OF ASSEMBLY, ASSOCIATION Authorities turned away Rohingya refugees AND EXP RESSION arriving in boats or detained them in Human rights defenders faced investigation overcrowded facilities.4 In April, the navy and prosecution, most commonly under turned back a boat carrying hundreds, Section 233 of the Communications and including women and children. That month, Multimedia Act (CMA). In March, activist another boat with hundreds of Rohingya Fadiah Nadwa Fikri was investigated for a refugees aboard that was allegedly turned social media post calling for demonstrations away was accepted by Bangladesh against the change in government. Fadiah authorities. While the government permitted and 18 other activists were later investigated two boats to land in April and June, the for failing to provide notice for a protest.1 In refugees were placed in detention. Some May, 262 sedition investigations were were charged under , and

Amnesty International Report 2020/21 237 sentenced to prison and caning sentences forest reserve in Selangor state was met with before the latter punishment was overturned. protests by Indigenous communities, who Allegations of migrants in forced labour feared their homes and livelihoods would be and living in cramped housing hit Malaysia’s affected. In September, Indigenous Peoples rubber glove industry, which experienced in Pahang state protested plans for the elevated demand during the COVID-19 development of three rare earth mines. pandemic. Infection outbreaks hit glove factories, with one employee fired after IMPUNITY raising concerns about overcrowding. In August, the government withdrew a bill to Outbreaks also occurred in construction establish a police oversight commission sites. tabled by its predecessor in 2019, and presented a new draft bill widely criticized as HUMAN RIGHTS DEFENDERS ineffectual.7 Also in August, the government Human rights defenders faced investigations revealed that from January to June, 23 following the change in government, detainees, including two children, died in including the chair of the electoral reform immigration detention.8 There were no coalition Bersih, Thomas Fann; anti- meaningful investigations into the causes of corruption activist Cynthia Gabriel of C4; and these deaths. More cases of deaths in Sevan Doraisamyof the human rights custody followed, including Indian national organization Suaram.5 In July, police Zeawdeen Kadar Masdanwho died while investigated Heidy Quah, founderof the NGO being held by immigration authorities. Refuge for the Refugees, after she posted an account of dire conditions in immigration DEATH PENALTY detention centres. Quah also received threats In August the Federal Court declared the online, highlighting a worrying trend for mandatory death penalty constitutional. human rights defenders, especially women, Legislative amendments to repeal the who faced harassment and sometimes had mandatory death penalty, proposed under their personal information made public. the former government, had not been Authorities rarely investigated violence online. introduced in Parliament by the end of the year. A moratorium on executions remained LESBIAN, GAY, BISEXUAL, in place. TRANSGENDER AND INTERSEX (LGBTI) PEOPLE 1. Malaysia: Raft of investigations a blatant attempt to intimidate The government continued to persecute peaceful protesters (Public statement by Amnesty International LGBTI people. In July, Minister for Islamic Malaysia, 4 March) Affairs Zulkifli Mohamad released a 2. Malaysia: Drop charges against hospital workers’ union activists statement online that gave “full licence” to (Public statement by Amnesty International Malaysia, 15 September) religious authorities to arrest and 3. Malaysia: Act urgently to stop COVID-19 surge in detention centres “rehabilitate” LGBTI people.6 In September, (Public statement by Amnesty International Malaysia 5 June) one of 11 men charged for “attempted sexual 4. Malaysia: Hundreds of Rohingya seeking safety by boat at acute risk intercourse against the order of nature” in from coronavirus (News story, 8 April) 2019 filed a judicial review against the law 5. Malaysia must not return to climate of fear for activists and critics which criminalizes same-sex sexual conduct. (Public statement by Amnesty International Malaysia 12 June) The case was ongoing at year end. 6. Malaysia: Government must end persecution of transgender people (Public statement by Amnesty International Malaysia, 11 July) INDIGENOUS PEOPLES 7. Malaysia: Proposed IPCC bill a shameful step backwards in ensuring police accountability (Public statement by Amnesty International Indigenous Peoples across the country Malaysia, 28 August) remained under threat of losing land to 8. Malaysia: Government must be accountable for deaths in detention development and logging. In February, a centres (Public statement by Amnesty International Malaysia, 7 proposal to remove official protection from a August)

238 Amnesty International Report 2020/21 attacked Ogossagou village, killing at least 35 MALI civilians and injuring three others, while the fate of 19 people remained unaccounted for. Republic of Mali In July, gunmen thought to be affiliated with Head of state: Bah Ndaw (replaced Ibrahim Boubacar the GSIM attacked several villages in the Tori Keïta in September) and Diallassagou communes, killing at least Head of government: Moctar Ouane (replaced Boubou 32 civilians. Armed groups also targeted Cissé in September) MINUSMA. As of September, two UN personnel were killed and 40 others injured. Armed groups and security forces Between September and the year’s end, committed crimes under international law armed groups besieged Farabougou village in with impunity. Police used excessive force the Ségou region, preventing villagers from against protesters and others. Activists and accessing their farmland and moving freely. officials affiliated to the former government were arbitrarily arrested and detained. The Abductions authorities failed to act to protect women At least three candidates were abducted and girls from female genital mutilation while campaigning during the legislative (FGM). People were discriminated against elections. All were released. On 25 March, based on their perceived social status. The Soumaila Cissé, leader of the opposition, and ongoing conflict and the COVID-19 five members of his campaign team were pandemic seriously undermined the rights abducted by members of the GSIM in to health and education. Niafounké town in the Timbuktu region. His bodyguard was killed during the abduction BACKGROUND and, although all the campaign team were Legislative elections held between March and released in the following days, Soumaila April led to a political crisis. In June, a Cissé was not released until 8 October along coalition of opposition groups and religious with one French and two Italian hostages. leaders formed the June 5 Movement, which contested the election results and demanded EXTRAJUDICIAL EXECUTIONS the President’s resignation. In August, a The Malian army committed war crimes and National Committee for the People’s Salvation other human rights violations against civilian deposed the President and his government populations during their operations. via a coup. A transitional government was Between 3 February and 10 March, at formed in October. The security situation least 23 civilians were killed by soldiers in remained precarious in the context of the Cercle in the Ségou region, and at ongoing conflict, particularly in the central least 27 others were subjected to enforced regions where different armed groups disappearance. operate, including the Group for the Support In June, according to MINUSMA, 43 of Islam and Muslims (GSIM), the Islamic civilians were killed by members of the State in the Greater Sahara and self-defined National Guard in the villages of Binédama “self-defence militias”. and Yangassadiou, following a patrol with a Dozo group. The army publicly acknowledged ABUSES BY ARMED GROUPS the killings and, despite its promise to Armed groups committed war crimes and investigate, no further information was made other abuses, including dozens of attacks public at the end of the year. against civilians. According to the UN Mission in Mali (MINUSMA), in January a EXCESSIVE USE OF FORCE Dozo group (traditional hunters) attacked The security forces used excessive force, Sinda village, killing 14 civilians. In February, including unlawful use of lethal force, to Dan na Ambassagou, an armed group, disperse protests.

Amnesty International Report 2020/21 239 The Constitutional Court’s ruling which the impact of the COVID-19 pandemic and validated 31 disputed results during the the conflict on public services. According to elections led to nationwide protests. In the UN, around 287,496 people were Sikasso on 7 May, security forces fired live internally displaced and 42,780 were ammunition to disperse protests. Five refugees. The right to health of these groups demonstrators were injured, and one died was seriously undermined. from his wounds. On 11 May, a 17-year-old motorcyclist was RIGHT TO EDUCATION killed while being arrested by an off-duty Children were denied their right to education police officer in Kayes. This led to as a result of the activity of armed groups, demonstrations in the city the following day especially in central Mali. This was and two people, including a 12-year-old boy, compounded by a 12-month teachers’ strike were shot dead by the police. in protest against the government’s reneging Between 10 and 12 July, security forces on an agreement to increase their salaries. As fired at demonstrators in the capital, of March, according to UNICEF, 1,261 , after they had occupied public schools were closed because of the buildings and erected barricades to call for continuing threat of attacks by armed groups, the President’s resignation; 14 protesters affecting 370,000 students and 7,500 died from gunshot wounds and hundreds teachers. were injured. In August, the government announced an investigation into the deaths. DISCRIMINATION Discrimination based on caste and social ARBITRARY ARRESTS AND DETENTIONS status continued to be widespread, often On 9 May, Clément Dembelé, an anti- leading to violence. In June 2018, the village corruption activist, was abducted while chief of Diandioumé, , evicted a driving in Banconi, a suburb of Bamako, by family from their farmland, based on their eight hooded intelligence service agents after perceived inferior social status. In September, he had called on security forces to stop using after the judicial authorities confirmed the violence against demonstrators in Sikasso. family’s land tenure, four individuals fighting He was detained incommunicado for 12 days against this discrimination were beaten to by the intelligence services and released on death by a local mob while three others, 21 May and charged with “inciting security including an 80-year-old woman, were and defence forces to disobey their seriously injured. The authorities arrested 11 commanders.” On 29 September, he was people suspected of being involved in the acquitted of all charges. murders and judicial proceedings were Following the August coup, several cabinet ongoing at the end of the year. members and military officers, including the then President, Prime Minister and National VIOLENCE AGAINST WOMEN AND GIRLS Assembly President, were illegally detained In June, the CEDAW Committee denounced without charge. Deposed President Keïta was the government’s failure to criminalize FGM, detained for 10 days before being allowed to which, it said, enabled perpetrators to violate travel for medical reasons at the end of women’s rights with impunity. A bill drafted in August. The others were released without 2017 outlawed the practice but was yet to be charge in October. adopted. RIGHT TO HEALTH RIGHT TO TRUTH, JUSTICE AND In June, humanitarian organizations REPARATION estimated that 23% of Mali’s health centres In January, the Assizes Court in Bamako were not operational or were partially provisionally released Amadou Haya Sanogo, operational due to budget constraints, and a former leader of a military junta, and 17 of

240 Amnesty International Report 2020/21 his co-accused. They were charged in December 2013 for the kidnapping, murder BACKGROUND and complicity in the murder of 21 soldiers. On 7 March, the government declared a They had spent more than six years in pre- public health emergency to combat the trial detention in Sélingué – three years spread of COVID-19 and adopted measures beyond the maximum allowed under Malian to restrict movement and limit . Their trial, which had begun in 2016, gatherings. was suspended in January 2020 and was still In June, the Council of Europe’s European pending resumption at the end of the year. Commission for Democracy through Law The trial of Al Hasan ag Abdoul Aziz ag (Venice Commission) delivered an opinion on Mohamed before the ICC started in July. He the government’s proposals to strengthen the was accused of crimes against humanity and rule of law. While some progress was noted, war crimes committed in Timbuktu while he more remained to be done to increase the was a member of the Ansar Eddine, an independence of the judiciary and the armed group which controlled the city during powers of Parliament and the Ombudsman the Islamist occupation of northern Mali and to involve civil society in the reform between 2012 and 2013. process. At least 18 armed group members were convicted on terrorism-related charges by the RIGHT TO TRUTH, JUSTICE AND Bamako Assizes Court, including three men REPARATION sentenced to death for their roles in the In January, former Prime Minister Joseph attack on the Radisson Blu Hotel in 2015, Muscat stepped down following widespread (although one was later released in a prisoner public protests at the end of 2019. Protests exchange). Fifteen men were also convicted were sparked by revelations that members of for “terrorism, possession of war weapons his cabinet and close aides were involved in and murder” and sentenced to death in the killing of journalist Daphne Caruana November. However, most war crimes and Galizia in 2017. In August, he was formally other serious human rights violations questioned by police. In September, the perpetrated against civilians in the context of Council of Europe urged Prime Minister the conflict remained unpunished. Abela to refrain from undermining the inquiry’s credibility and interfering with its timeframe. The public inquiry into the journalist’s killing was ongoing at the end of MALTA the year. Republic of Malta Head of state: REFUGEES, ASYLUM-SEEKERS AND Head of government: (replaced Joseph MIGRANTS Muscat in January) Approximately 2,300 people were rescued at sea and disembarked in Malta, a third fewer The public inquiry into the killing of than in 2019 when 3,300 people arrived by journalist Daphne Caruana Galizia sea. Nearly a quarter were unaccompanied continued. The government resorted to children, while about 30% of the total were unlawful practices to prevent refugees and from Sudan. migrants from reaching the country by sea, In April, concerned about the number of and continued to arbitrarily detain asylum- people arriving and the additional pressure seekers whose living conditions were on resources due to the pandemic, the aggravated by the COVID-19 pandemic. A government announced that no total ban on abortion remained in place. disembarkations would be allowed and that the Maltese authorities would not be able to service their search and rescue region (SAR).

Amnesty International Report 2020/21 241 The government resorted to unlawful people at sea and the detention of asylum- practices to prevent people arriving by sea. seekers and migrants in conditions that may These practices exposed refugees and amount to ill-treatment, aggravated by migrants to grave dangers, including by COVID-19. In one detention centre, the UN delaying their rescue, pushing them back to experts received reports of self-harm and Libya and denying disembarkation.1 In April, attempted suicides. NGOs and lawyers were the government contracted a merchant increasingly restricted from accessing vessel and instructed it to return to Libya a migration detention centres. In some open group of people who had been in danger at centres, hundreds of asylum-seekers and sea for several days. According to survivors, migrants were subjected to quarantine 12 people died, some before being rescued measures for prolonged periods in conditions and others during the journey to Libya. The that did not allow for physical distancing due 51 survivors were detained on arrival in to overcrowding and with inadequate sanitary Libya. A magisterial inquiry into the facilities. responsibilities of the Prime Minister and the In October, a court ordered the release of head of the , which an asylum-seeker who had been detained was initiated by the complaint of an NGO, without legal grounds for 144 days. The court concluded at the end of May that there had stated it was concerned that other foreign been no wrongdoing but failed to acquire key nationals may be detained without legal basis evidence. An appeal was pending at the end and notified the Home Affairs minister of its of the year. judgment. In May, the government signed a Three young asylum-seekers who refused Memorandum of Understanding with Libya to to be returned to Libya after being rescued by combat irregular migration, raising concern the merchant vessel El Hiblu 1 in March by NGOs that it would lead to more 2019, and who were subsequently arrested interceptions at sea and returns to Libya. in Malta upon disembarkation, continued to Between late April and early June, the await their indictment. They risked life government detained more than 425 asylum- imprisonment, including on charges under seekers and migrants; they had been counter-terrorism legislation. rescued at sea in the Maltese SAR region aboard ferry boats positioned outside RIGHTS OF WOMEN AND GIRLS territorial waters to circumvent human rights Women continued to be denied access to obligations. These boats were unequipped for abortion even when the life of the pregnant long stays. No legal grounds were provided woman was at risk. and access to lawyers and independent In November, the independent body to organizations was denied. On 6 June, they monitor compliance with the Istanbul were all disembarked, some after nearly six Convention, Grevio, commended Malta for weeks of arbitrary deprivation of liberty. defining rape as sex in the absence of For nearly six weeks, the government consent, in line with international standards, refused to allow the oil tanker Maersk Etienne in 2018. However, it criticized the judiciary‘s to disembark 27 people, including a pregnant tendency to put the burden of proving the woman and a child, rescued at sea upon lack of consent on the victim. request of the Maltese authorities on 4 August. The rescued asylum-seekers and 1. Waves of impunity: Malta’s human rights violations and Europe’s migrants were eventually transferred aboard responsibilities in the central Mediterranean (EUR 33/2967/2020) the NGO ship Mare Jonio and disembarked in Sicily, Italy, on 14 September. In September, the Office of the UN High Commissioner for Human Rights raised concerns about reports of failures to rescue

242 Amnesty International Report 2020/21 security operations than the previous two MEXICO presidential administrations. In May, the President issued a decree United Mexican States allowing the armed forces to be permanently Head of state and government: Andrés Manuel López deployed in public security operations until Obrador March 2024. The decree did not include substantive regulations to ensure their The government responded to the COVID-19 conduct was consistent with international pandemic with cuts to public spending in standards. The President also announced various areas. Health workers reported that that the control of ports and customs points they lacked access to personal protective would pass to the armed forces. equipment and the benefits needed to ensure a safe working environment. Reports UNLAWFUL KILLINGS of violence against women increased. The Office of the UN High Commissioner for Security forces continued to carry out Human Rights (OHCHR) and numerous arbitrary detentions and employ excessive human rights organizations condemned the use of force, at times resulting in unlawful death of 30-year-old Giovanni López Ramírez killings. The Attorney General’s Office on 5 May while in the custody of municipal announced progress in the investigation into police in Ixtlahuacán de los Membrillos, the enforced disappearance of 43 Jalisco state.1 Giovanni López’ family reported Ayotzinapa college students in 2014. The that police arrested him as part of COVID-19 Senate recognized the competence of the enforcement measures because he was not UN Committee on Enforced Disappearances wearing a facemask; the state authorities to examine individual complaints. The denied this. President stigmatized human rights Video footage emerged of an army defenders and the media on various operation in Nuevo Laredo, Tamaulipas state, occasions and downplayed the problem of on 3 July in which soldiers killed 19-year-old violence against women. Arturo Garza, an unarmed survivor of a military shoot-out with an alleged criminal BACKGROUND group.2 In a separate event, 35-year-old According to authorities, Mexico registered Jéssica Silva was killed by members of the 1,426,094 cases of COVID-19. In April, the National Guard who opened fire on her government implemented austerity policies vehicle in the town of Delicias, Chihuahua through a decree that cut public spending, state, as she was returning from a protest of with exceptions for programmes deemed to agricultural workers over rights to water. Her be priorities such as several major husband was seriously wounded in the infrastructure projects. In September, attack.3 The National Guard at first reported Congress dissolved several public trust funds, that their personnel had repelled an armed including those set up to support the attack, but later admitted that the attack on protection of human rights defenders, the couple had been an “accident”. The journalists and human rights victims, and on Federal Attorney General´s Office arrested six climate change. National Guard agents in relation to the The Supreme Court had yet to analyse the events. National Law on the Use of Force that was the subject of a constitutional challenge in EXTRAJUDICIAL EXECUTIONS 2019 by the National Human Rights The Federal Attorney General´s Office Commission. attempted to close the investigation into the The administration deployed a greater killing of 22 people by soldiers in Tlatlaya, number of military personnel in public México state, in 2014, before having properly investigated chain-of-

Amnesty International Report 2020/21 243 in the case. The attempted closure of the 82,647, with 63,939 disappearances case was halted by victims’ representatives. recorded in the past decade. Two officials were convicted of torture in In July, the special prosecutor for the case relation to the case (see below). of 43 Ayotzinapa college students disappeared in 2014 announced that the ARBITRARY DETENTIONS remains of Christian Rodríguez Telumbre had Jalisco State Police officers arbitrarily been identified. The remains were discovered detained at least 27 people during protests in in November 2019 in a ravine near the the city of Guadalajara in early June sparked municipality of Cocula, Guerrero state. The by the death of Giovanni López Ramírez. authorities also declared that the official Protesters were abducted in unmarked version of events presented by the previous vehicles and their whereabouts were administration had been rejected by the unknown for several hours. Local current investigating authorities. Dozens of organizations reported that at least 20 of arrest warrants were issued throughout the these detentions could amount to enforced year for public officials with possible links to disappearances. The Jalisco State Governor the case. Among them was Tomás Zerón, later announced that the police involved head of criminal investigations in the Federal would be subject to criminal investigations. Attorney General´s Office at the time of the In March, the Yucatán State Prosecutor’s disappearances, who was accused of torture, Office announced it was closing the enforced disappearance and tampering with investigation into events that led to the the crime scene. In addition, for the first time arbitrary detention and torture in 2016 of in the case, several arrest warrants were José Adrián, aged 14 at the time, due to lack issued for members of the military. In of evidence.4 The Yucatan State Victim addition, the first member of the army was Support Commission agreed a reparation arrested, as well as a marine. settlement for José Adrián and his family. In September, the Senate recognized the The constitutional provision allowing competence of the UN Committee on detention without charge (arraigo) was not Enforced Disappearances to consider repealed during the year. individual cases. ENFORCED DISAPPEARANCES VIOLENCE AGAINST WOMEN AND GIRLS Enforced disappearances by state agents and The killings of a woman and a girl in February disappearances carried out by non-state sparked outrage, leading to unprecedented actors continued to be a concern; those attendance at social protests on International suspected of criminal responsibility enjoyed Women´s Day. A twenty-five-year-old woman almost total impunity. In March, the was reportedly skinned and mutilated by her Extraordinary Mechanism for Forensic husband and, days later, the body of a seven- Identification, an autonomous, year-old girl was found in a plastic bag. interdisciplinary task force, was formally During 2020, 3,752 killings of women created by decree. The Mechanism is were reported, 969 of which were designed to identify the more than 38,000 investigated as femicides. Mexico state unidentified bodies awaiting forensic analysis registered the highest absolute number of across the country. It includes civil society femicides, followed by Veracruz. Colima and organizations in its coordinating body, but Morelos states reported the highest rates of family groups have only participatory status femicide per 100,000 women. Calls to the without being part of the coordinating body. 911 emergency line to report incidents of Federal authorities declared that 6,957 violence against women rose during the year, people had been registered missing during with 260,067 calls up to December, 2020. The total number of people reported compared to a total of 197,693 for the whole disappeared in Mexico since 1964 was of 2019.

244 Amnesty International Report 2020/21 Austerity measures proposing funding cuts defenders were killed. Defenders of to help centres for Indigenous and Afro- environmental and Indigenous Peoples’ descendent women and to the National human rights expressed concern about the Commission to Prevent and Eradicate Mayan Train mega project. The President Violence against Women were abandoned responded by publicly accusing them of following significant social outcry. being “false environmentalists”. Six UN Nevertheless, in July, the National Women´s special rapporteurs wrote to the government Institute lost 75% (MXN151 million) of its expressing a series of concerns about the operational funding. The President continued Mayan Train project, including in relation to to downplay the issue of violence against Indigenous Peoples´ rights to land and women, questioning the validity of calls made health, as well as possible environmental to emergency services to report domestic impacts of the project. violence and criticizing women´s protests In November, Mexico ratified the Regional against femicides. In September, relatives of Agreement on Access to Information, Public murdered women occupied the offices of the Participation and Justice on Environmental National Human Rights Commission (CNDH) Matters in Latin America and the Caribbean in protest at the lack of progress by (the Escazú Agreement), which includes authorities on the issue of violence against strong protections for Indigenous and women. environmental defenders. The Protection Twenty-one coordinated official response Mechanism for Human Rights Defenders and protocols, known as “Alerts of gender-based Journalists maintained protection measures violence against women” remained for 1,313 people: 887 human rights operational in 18 states. By the end of the defenders and 426 journalists. The public year, there was no indication that these trust fund supporting this protection mechanisms had reduced gender-based mechanism was dissolved in October and its violence. funds were absorbed into the general public The San Luis Potosí Prosecutor’s Office budget. opened a new investigation into the 2012 killing of Karla Pontigo, this time as the crime FREEDOMS OF EXPRESSION AND of femicide, in compliance with a Supreme ASSEMBLY Court ruling in November 2019 that ordered Media workers continued to be threatened, the case be investigated with a gender harassed and attacked; at least 19 journalists perspective. In November, a judge in Jalisco were killed during the year, according to state handed down a guilty sentence for the official data from November. murder of Alondra González Arias which During May, information emerged showing occurred in March 2017 soon after reporting that Notimex, the state news agency, was violence by her partner. involved in a smear campaign, including a network of bots and fake accounts on social SEXUAL AND REPRODUCTIVE RIGHTS media allegedly financed by public funds, In July, the Supreme Court rejected an against several journalists and media outlets injunction that sought to change the that published content critical of the legislation criminalizing abortion in Veracruz government. state. In May, the Congress of Guanajuato In August, a federal judge handed down a state voted down a bill for the sentence of 50 years in prison to the material decriminalization of abortion in the state. author of the killing of journalist Miroslava Breach. She was killed by armed men HUMAN RIGHTS DEFENDERS outside her home in Chihuahua in 2017. Human rights defenders continued to be In September, a letter signed by 650 attacked and harassed and, according to civil journalists and academics accused the society organizations, 24 human rights President of actions harmful to freedom of

Amnesty International Report 2020/21 245 expression, including a series of public Ombudsman’s Office that he receive statements undermining the press, permitting reparations for being tortured by Tijuana an environment conducive to censorship, police in 2012. Adrián Vásquez Lagunes administrative sanctions and misuse of the contracted COVID-19 in June and had to law to intimidate the press. cope with the illness on a low income and During 2020, there were mass protests by almost no support from the state.7 women in several cities against femicide and other forms of gender-based violence. The RIGHTS OF MIGRANTS, REFUGEES AND police responded in several instances with ASYLUM-SEEKERS excessive use of force, arbitrary detentions, Migrants, refugees and asylum-seekers cell phone theft and physical, psychological continued to face excessive use of force and and sexual attacks, among other human arbitrary detention by authorities, as well as rights violations. Federal and state authorities abductions, assaults and killings by non-state also stigmatized women protesters in public actors. statements.5 In August, police in the city of National Guard officials used tear gas León, Guanajuato state, arbitrarily detained during an operation to detain hundreds of 22 women and beat and sexually assaulted migrants who crossed Mexico’s southern several women and girls.6 In November, in border in January and dragged and beat Cancún, police used live ammunition on a migrants who participated in a protest inside series of mostly peaceful protest by women a migration detention centre in Tapachula in protesting against femicides. March. Also in March, a Guatemalan asylum- TORTURE AND OTHER ILL-TREATMENT seeker died when a protest by detained Torture and other ill-treatment continued to migrants demanding to be released led to a be a major concern. Investigations into fire in the Tenosique detention centre.8 reports of torture were generally flawed and Migration authorities released hundreds of those suspected of criminal responsibility migrants from detention centres during April were rarely brought to justice. The National and May because of the risk of COVID-19. Programme for the Prevention and However, data on these releases was scarce Punishment of Torture and Ill-treatment had and concerns remained that unlawful still not been published by the end of the deportations or refoulements could have year. taken place in this context. Two Mexico state policemen were The federal refugee agency (COMAR) sentenced to seven years in prison for using received 41,227 asylum claims in 2020, torture to extract false confessions from three down from 70,427 in 2019. The largest women survivors of the 2014 Tlatlaya number of asylum-seekers were from massacre. Honduras, followed by Haiti, Cuba and El Mónica Esparza, survivor of torture with Salvador. Migration authorities detained sexual violence, was released from prison in 87,260 irregular migrants, including more March, more than seven years after she was than 11,000 children, and deported 53,891 arbitrarily detained and tortured by police in people, a decrease compared to 2019. The the city of Torreón, Coahuila state. She was vast majority of those deported were from acquitted of the charges based on false Central America. confessions extracted under torture. No Civil society organizations presented officers had been charged for the crimes several injunctions between April and the end against her. of the year requesting the release of all Adrián Vásquez Lagunes had not received people in immigration detention and an end reparations from Baja California state, despite to such detentions due to the risk COVID-19. a 2015 decision by the Baja California State A federal judge in ruled that all Human Rights and Citizen Protection those in immigration detention should be

246 Amnesty International Report 2020/21 released. However, authorities failed to comply with the ruling and detentions MOLDOVA continued, depriving migrants not only of their right to health but also to liberty. Republic of Moldova Head of state: Maia Sandu, replaced Igor Dodon in RIGHT TO HEALTH December Health workers in Mexico expressed concern Head of government: Aureliu Ciocoi, replaced Ion Chicu at the lack of access to sufficient personal in December protective equipment to work safely while responding to the COVID-19 pandemic.9 At The government response to COVID-19 least 2,397 health workers died with raised human rights concerns, including in COVID-19 in Mexico. relation to the right to health and freedoms Several health workers were physically of expression, peaceful assembly and attacked in public places or on public movement. No progress was made in transport. In response, the government rolled addressing systemic torture and other ill- out a public campaign to raise awareness treatment. A new NGO law passed following about the important role of health workers civil society input. Fair trial concerns and combat stigma against them. A number remained. of health workers voiced concerns about irregular contracts and the lack of sick pay BACKGROUND and other benefits, which at times led to Moldova avoided political turbulence, unlike retaliation. Jorge Pérez, a 70-year-old cleaner previous years, although there was slowly in a public hospital, was fired by a private widening popular discontent and regular contractor after he spoke out about his poor peaceful protest throughout the year. working conditions. A three-month state of emergency effective from March, in response to the COVID-19 pandemic, imposed restrictions on certain 1. Mexico: Amnesty International exige la investigación y sanción de responsables de violaciones de derechos humanos ocurridas durante rights, including to freedom of movement, las manifestaciones del 4 y 5 de junio en Guadalajara (Press release, education (for example, remote schooling 7 June) (Spanish only) requirements were not affordable for all 2. The executions in Nuevo Laredo must be a watershed moment for families) and peaceful assembly. During that ending human rights violations in Mexico (Article, 28 August) period, Moldova derogated from these 3. Mexico’s new National Guard is breaking its vow to respect human obligations under the European Convention rights (Article, 8 November) on Human Rights. The measures also 4. False Suspicions: Arbitrary Detentions by Police in Mexico (AMR adversely impacted the economy and 41/5340/2017) standard of living. 5. Autoridades de Guanajuato deben abstenerse de estigmatizar el In July, President Igor Dodon met the de derecho a la protesta (Press release, 28 August) (Spanish only) facto leader of the breakaway Transdniestria 6. Mexico: Carta abierta (Open letter, 25 August) (Spanish only) region, Vadim Krasnoselskiy, although no 7. Mexico: Urgent Action: Torture Survivor Denied COVID-19 Support: progress towards resolution of the 30-year-old Adrián Vásquez Lagunes (AMR 41/2542/2020), frozen conflict was reported. 8. Americas: Governments must halt dangerous and discriminatory detention of migrants and asylum seekers (News, 2 April) RIGHT TO HEALTH 9. Americas: The cost of curing: Health workers´ rights in the Americas during COVID-19 and beyond (AMR 01/2311/2020) Measures enacted to confront the COVID-19 pandemic resulted in the reduction of some other medical provision and the temporary suspension of non-emergency services. Despite these measures, the ensuing strain on the health care system left health workers particularly vulnerable, reportedly suffering

Amnesty International Report 2020/21 247 from a shortage of effective PPE and a high an instrument of pressure on independent infection rate. However, few if any health media outlets because of taxing legal costs. workers agreed to speak of these issues on or In March, the official media regulator off the record, for fear of reprisals. mandated that, with immediate effect and throughout the emergency period, media Transdniestria region presenters and commentators “waive their In response to the COVID-19 pandemic, the personal opinion” regarding COVID-19 and de facto authorities in Transdniestria rely exclusively on official information and introduced restrictions on travel from that of the WHO. The ensuing public Moldovan government-controlled territory for resentment forced the regulator to promptly individuals without local “passports”. While reverse this decision. wide-ranging exceptions were made, this measure expressly targeted health workers FREEDOM OF ASSEMBLY residing in Transdniestria and working across With street protests regularly occurring the Dniester river who consequently were throughout the year, the right to freedom of forced to choose on which side of the conflict peaceful assembly was generally respected. line to live and work. This combined with the However, on 16 July, police in the capital, general shortage of medical personnel, Chisinau, used tear gas to disperse a reduced medical provision for the local peaceful gathering of several dozen people. population. The police detained and later released without charge nine individuals. TORTURE AND OTHER ILL-TREATMENT In August, the mayor of Chisinau No progress was made compared to previous prohibited agricultural vehicles to be used in years in addressing systemic problems protests after some demonstrators used these behind torture and other ill-treatment, and to travel to a protest. Protest organizers impunity for perpetrators prevailed. Torture challenged the decree in court; its outcome survivors and victims’ families remained was still pending at year’s end. unable to access full and effective reparation. The number of allegations, independently FREEDOM OF ASSOCIATION reported and officially registered, remained A much-delayed NGO law was adopted by broadly the same year on year. Parliament in June, reflecting the draft bill Conditions in penitentiary institutions, widely discussed and agreed with civil society including overcrowding and inadequate representatives in previous years. The law provision of health care, drew continuing clarified and streamlined provisions regarding criticism. The lack of effective necessary NGO funding and reporting. A proposal to services and equipment to establish a ban election monitoring by foreign-funded diagnosis when a detainee is ill, and denial of NGOs was not included, nor an earlier transfer to civil medical institutions for proposal to require NGO leaders and staff to necessary treatment, remained a chronic publish their annual income declarations. problem. This became more apparent in the face of the COVID-19 pandemic, with UNFAIR TRIALS hundreds of confirmed cases among prison Fair trial concerns remained. In February, the staff and inmates. Prosecutor General acknowledged the political motivation behind a prosecution by FREEDOM OF EXPRESSION his predecessor, and announced a review of Media remained generally pluralist but 38 criminal cases. By December, in none of heavily dependent on private sponsorship these cases had the conviction been which typically has clear political leanings. quashed or criminal proceedings terminated. Libel litigation in civil proceedings remained The most high-profile among them was the case against Veaceslav Platon, sentenced to

248 Amnesty International Report 2020/21 18 years in 2017 for fraud. In May, the Prosecutor General announced that the VIOLENCE AGAINST WOMEN AND GIRLS evidence against him had been fabricated, Domestic violence increased in the capital, and Veaceslav Platon was released the Ulaanbaatar, as lockdown measures were following month pending further investigation imposed to prevent the spread of COVID-19. and re-trial. However, the review of the 38 The number of reports increased by more cases raised concerns over selective justice, than 50% during the first quarter of the year including the lack of clear criteria supporting compared to the same period in 2019; 90% the choice of cases. of the victims were women. Lockdown The investigation against officials allegedly measures also reduced the options available responsible for the unlawful detention and for support and counselling services. forcible return of seven Turkish nationals to Turkey in 2018 was regarded as classified. HUMAN RIGHTS DEFENDERS Following public pressure, however, in In May, the government submitted to September the Prosecutor General revealed parliament a bill on the protection of human that one of the officials had been convicted rights defenders, which was discussed in and fined in July. The court decision was not December but remained pending. Human published officially but leaked to the press. rights defenders lacked sufficient legal protection, putting them and their families at FREEDOM OF MOVEMENT risk. In March, Moldovan citizens returning from In September, a woman herder-activist and abroad were obliged to purchase compulsory NGO leader was harassed and beaten by health insurance within 72 hours of their managers of a mining company, due to her return. The measure remained in place until efforts to protect herders’ land from business the state of emergency was lifted, despite a encroachment and to prevent environmental conclusion in April by the Council for Equality degradation. Her case was dismissed after that the measure was discriminatory as it investigation by the municipal police. effectively made return conditional on the ability to pay and was applied differently in ARBITRARY ARRESTS AND DETENTION practice to those returning by air and Prior to parliamentary elections in June, the overland. No information on the government arrested and arbitrarily detained implementation of the measure was made individuals – including lawyers and activists – public. for expressing their views on the human rights situation and corruption. Many of them were detained for weeks without being MONGOLIA charged or brought to court.

Mongolia TORTURE AND OTHER ILL-TREATMENT Head of state: Khaltmaa Battulga There were credible allegations of torture and Head of government: Ukhnaa Khurelsukh other ill-treatment by law enforcement officials but the government showed Measures to prevent the spread of unwillingness to conduct investigations. COVID-19 contributed to an increase in Between January and October, 54 cases of domestic violence and affected children’s torture were reported, but only three of them rights to education and health. Prior to were investigated and brought to court. elections in June, there was a rise in cases of arbitrary detention of individuals FREEDOM OF EXPRESSION speaking out against the government. The In January, an amendment to the Criminal authorities failed to investigate most Code which criminalized the dissemination of reported cases of torture. “false information” came into effect. A

Amnesty International Report 2020/21 249 dedicated police unit was created for its enforcement. Civil society publicly expressed BACKGROUND concerns that the law was overly broad and In August, the opposition coalition narrowly could be used to suppress press freedom. won parliamentary elections, ending 29 years of rule by the of Socialists RIGHT TO HOUSING AND FORCED under Milo Dukanović as Prime Minister or EVICTIONS President. The period was characterized by People who were homeless or without corruption, human rights violations, media adequate housing, as a result of repression and impunity for war crimes. redevelopment in Ulaanbaatar during recent Montenegro was the only European years, faced a higher risk of infection during country where, as part of the COVID-19 the COVID-19 pandemic due to lack of control measures, the names of individuals access to sanitation facilities and protection required to self-isolate were published. from weather. Residents who lived in areas scheduled for redevelopment reported that FREEDOM OF ASSEMBLY construction companies immediately asked Members of the Serbian Orthodox Church them to vacate their land and homes after protested against 2019 legislation they feared signing development contracts with the enabled the state to seize church property. In government, but did not adequately consult May, police in Nikšić arrested a bishop and and compensate them. seven priests for demonstrating under COVID-19-related prohibitions on gatherings; CHILDREN’S RIGHTS their supporters were dispersed with stun Schools and other educational facilities were grenades and tear gas. Orthodox closed from late January through August to demonstrators in other towns were also prevent the spread of COVID-19. The dispersed with tear gas. In June, police beat government offered remote classes through protesters during an opposition party television programmes, but access to demonstration in Budva. education for children returning to remote In June, NGOs lodged a constitutional areas from urban boarding schools was appeal against the prohibition of open-air difficult because of poor internet connectivity gatherings. or television network coverage. For many children who depended on school meals as a IMPUNITY main source of nutrition, school closures Crimes under international law, perpetrated affected access to adequate food and placed in the 1990s, were neither investigated nor their health at higher risk. prosecuted. The European Court of Human Rights considered Montenegro's failure to provide justice to seven relatives of Bosniak refugees MONTENEGRO transferred in 1992 by Montenegrin police to Republic of Montenegro Bosnian Serb forces and subsequently Head of state: Milo Đukanović murdered. Head of government: Zdravko Krivokapić (replaced Duško Marković in December) TORTURE AND OTHER ILL-TREATMENT The State Prosecutor failed to effectively The government's response to COVID-19 investigate allegations that police used violated rights to freedom of movement, torture, including electric shocks, in May/ peaceful assembly, non-discrimination and June to extract “confessions” from two privacy. Impunity for war crimes, torture suspects and a witness in two bombing and other ill-treatment, and attacks on cases. In December, the Ombudsperson journalists persisted. found that police had ill-treated the witness.

250 Amnesty International Report 2020/21 One suspect was acquitted, the court suspecting that his statement was extorted. MOROCCO/ FREEDOM OF EXPRESSION Impunity continued for historic attacks on WESTERN SAHARA journalists, including investigative journalist Kingdom of Morocco Olivera Lakić, shot in 2018. In December, Head of state: Mohammed VI NGO Human Rights Action urged the State Head of government: Saad-Eddine El Othmani Prosecutor to provide protection to Olivera Lakić, after a plan to assassinate her was revealed. The authorities responded to the COVID-19 In January, proceedings were initiated pandemic with a new health emergency against three journalists, detained for decree-law, which restricted freedoms of between 14-28 hours for “causing panic and movement, expression and assembly, and disorder”; two were prosecuted. Private used it to prosecute people for criticizing individuals were similarly detained, four of the government’s handling of the crisis or them for posting “false news” about for breaking the emergency measures. COVID-19 on social media; three were Sahrawi human rights defenders continued indicted. to be intimidated, harassed and arrested for The Appeals Courts quashed the peacefully expressing their opinions. convictions of two other individuals fined Women continued to face discrimination as under public order legislation for criticizing well as sexual and other gender-based officials online. violence, and faced increased difficulties in accessing justice during the pandemic. DISCRIMINATION Consensual same-sex sexual relations In July, Parliament adopted legislation between adults remained a criminal offence recognizing same-sex civil partnerships, and the authorities failed to investigate although registered partners were not allowed incitement to violence against lesbian, gay, to adopt or foster children. bisexual, transgender and intersex people. In April, an exceptional three-week The rights of migrants were violated, quarantine monitored by the police was including as a result of inadequate imposed on 1,200 Roma former refugees COVID-19 protection measures in migrant living in apartment blocks in Konik, after one detention centres. The Polisario Front, case of COVID-19 was discovered. which administers camps in Algeria for refugees from Western Sahara, detained at VIOLENCE AGAINST WOMEN AND GIRLS least one critic. Courts handed down death In April, women's NGOs established a sentences; there were no executions. coalition to support women experiencing domestic violence after court cases increased BACKGROUND and calls to the Centre for Women’s Rights In January, Morocco passed laws adding the rose by 20%. waters off the coast of the disputed Western Sahara land to its maritime territory, extending its jurisdiction over the waters from Tangier city in the north to Lagouira town on the Mauritanian border. On 20 March, the government declared a state of health emergency that remained in place until the end of the year. It also imposed a national lockdown which was gradually lifted in June and replaced by a set

Amnesty International Report 2020/21 251 of measures including restrictions on breaching the health emergency law. He was movement and area-specific lockdowns. arrested after he published a post on social In October, the UN renewed the UN media criticizing Nador authorities for Mission for the Referendum in Western confiscating merchandise from unauthorized Sahara’s mandate until October 2021, vendors during the pandemic and released without granting it a human rights component the following day on bail. On 17 November, unlike most other UN the First Instance Court in Nador acquitted missions. The territory of the Western Sahara him of all charges. and the Polisario camps remained inaccessible for human rights organizations, FREEDOM OF EXPRESSION making it difficult to monitor human rights The authorities continued their crackdown on abuses. freedom of expression in Morocco and In December, the government signed a Western Sahara, investigating and deal with the USA agreeing to establish full prosecuting a number of journalists and diplomatic relations with Israel in exchange activists for their online posts. for the USA’s official recognition of Moroccan In January, courts around the country sovereignty over the Western Sahara. sentenced at least nine individuals, including rappers and activists, to between six months REPRESSION OF DISSENT and four years in prison, for their online The authorities used the health emergency to speech on YouTube and Facebook. All were pass restrictive legislation. In March, accused of “offending” public officials or Parliament passed Law No. 2.20.292 which institutions under the Penal Code.2 set penalties of a three-month prison In May, Sahrawi journalist and human sentence and a fine of MAD1,300 (around rights activist Ibrahim Amrikli was arrested in US$146) for anyone breaching “orders and Laayoune, in Western Sahara, and detained decisions taken by public authorities” and for for over two days.3 Security officers anyone “obstructing” those decisions through interrogated him about his work for Sahrawi “writing, publications or photos”. Since its human rights organization Nushatta adoption, the authorities have used the new Foundation and repeatedly beat and insulted law to prosecute at least five human rights him. They forced him to sign a “confession” activists and citizen journalists for criticizing to trumped-up charges of throwing stones at the government’s COVID-19 response, police officers in April. Two days later, he was accusing them of “incitement to violate the charged with “breaking orders related to the authorities’ decisions”. health emergency status” and “offending In April, authorities prosecuted and public officials” under Article 263 of the detained Mohamed Bouzrou, Mohamed Penal Code. His trial opened on 18 Chejii and Lahssen Lemrabti, administrators November but was postponed to an unknown of the Facebook news page Fazaz 24, for two date. posts that criticized the local authorities’ In June, an Amnesty International report handling of COVID-19. Mohamed Chejii was revealed that the phone of independent released soon after his arrest though his trial journalist Omar Radi had been hacked using continued, but Mohamed Bouzrou and surveillance technology produced by the Lahssen Lemrabti remained in detention.1 Israeli company NSO Group.4 After the report In April, police in Nador in the north- was published, Omar Radi was summoned eastern Rif region arrested Omar Naji, the for police interrogation several times and a local representative of the Moroccan state media smear campaign accused him of Association for Human Rights (AMDH), and espionage. On 29 July, the Prosecutor of the prosecuted him for spreading “false Appeals Court in charged him allegations or lies” with the aim of “harming with sexual assault, rape, “undermining privacy or defamation”, as well as for external state security” and “harming internal

252 Amnesty International Report 2020/21 security” – all charges he vehemently denied women faced in accessing justice during the – under provisions in the Penal Code. He was lockdown. placed in pre-trial detention, where he remained at the end of the year. RIGHT TO HEALTH In July, police in Laayoune arbitrarily Health workers detained Algargarat Media's founder Essabi In August, doctors began a national strike to Yahdih for 10 hours when he went to the denounce their poor working conditions, the police station to obtain an administrative absence of minimum protection measures for certificate, before releasing him without health workers, and the lack of medical charge. He said that police insulted and treatment or proper confinement for frontline threatened him with “arrest, rape and workers who contracted the virus. murder” and interrogated him about In August, the Health Ministry suspended Algargarat’s editorial line, its staff and funding annual leave for doctors and other medical as well as his personal online posts, staff in public hospitals, forcing them to work specifically a post that mocked another post without a break to meet the demands caused by a Moroccan parliamentarian about the by COVID-19. Hundreds of doctors King. demonstrated around the country in protest In December, following years of against the move. harassment and unlawful surveillance, academic and human rights defender Maati CRUEL, INHUMAN OR DEGRADING Monjib was arrested arbitrarily and detained. PUNISHMENT He and members of his family were accused Prisoners were held in harsh conditions, of money laundering and he was awaiting including prolonged and indefinite solitary trial at the end of the year. confinement, in violation of the prohibition of torture and other ill-treatment. Despite the WOMEN’S RIGHTS elevated risks of COVID-19 transmission in Women continued to face discrimination in prisons and other places of detention, law and practice as well as sexual and other authorities imprisoned people solely for gender-based violence. Although Morocco breaching restrictions imposed in the context adopted Law 103-13 for the Prevention of of the pandemic. Violence against Women in 2018, Between April and August, the King issued mechanisms for its implementation remained four royal pardons for a total of 8,133 weak. The Law requires victims to file for detainees, including 20 activists from the criminal prosecution to obtain orders of Hirak El-Rif social justice movement. protection, which became virtually impossible In August, Nasser Zefzafi and Nabil under the COVID-19 lockdown. Ahamjik, leaders of Hirak El-Rif, staged a 25- Women’s organizations such as Mobilising day hunger strike to protest against the denial for Rights Associates (MRA) reported an of family visits and the scattering of Hirak El- increase of problems for women suffering Rif detainees in different prisons inaccessible violence during lockdown, including being to their families. confined with their abusers, often without Sulaiman Raissouni, a journalist and editor access to means of communication, and of Akhbar Al Yaoum, was detained from May difficulty accessing shelters. Between 20 until the end of the year, and was permitted March and 20 April, the number of only one hour a day to walk alone in the prosecutions for violence against women fell courtyard. to one-tenth of the monthly average, Authorities continued to hold 19 Sahrawi according to the Chief Prosecutor. The activists in prisons in Ait Melloul and authorities said this was because of “the Bouizarkane in south-west Morocco, after stability of the Moroccan family”. However, they were convicted following unfair trials in MRA attributed the decrease to difficulties 2013 and 2017 that failed to adequately

Amnesty International Report 2020/21 253 investigate torture allegations. They were held hundreds of kilometres from their families FREEDOM OF RELIGION AND BELIEF and, due to the COVID-19 restrictions, were Moroccan law continued to criminalize not permitted family visits. “insulting Islam”, which can be punishable by a prison sentence. In May, Casablanca RIGHTS OF LESBIAN, GAY, BISEXUAL, police arrested actor Rafik Boubker for a TRANSGENDER AND INTERSEX (LGBTI) video posted on Facebook in which he PEOPLE mocked Islamic rituals. He was charged with Article 489 of the Penal Code continued to “insulting Islam” and released the next day. criminalize consensual same-sex sexual His trial opened in November and was relations. postponed several times. In July, a court in Authorities failed to investigate incitement the city of Safi in western Morocco sentenced to violence against LGBTI people or to Muhammed Awatif Qashqash to six months provide people protection regardless of their in prison and a fine, under the same sexual orientation or gender identity. provision, for a caricature he posted online In April, in an apparent campaign, a depicting religious figures, including the number of individuals forcibly “outed” people Prophet Mohammed. on same-sex dating apps, disclosing their sexual orientation or gender identity without POLISARIO FRONT CAMPS their consent. LGBTI organizations reported The Polisario Front, which calls for the that this “outing” campaign led to people independence of Western Sahara and has set being assaulted and threatened, as well as a up a self-proclaimed , Facebook group in Agadir calling for people detained at least one critic in the camps it to lynch LGBTI sex workers. The authorities administers in Algeria. On 8 August, police in failed to publicly condemn this, and the state the camps held citizen journalist Mahmoud media failed to report on it. Zeidan for 24 hours, interrogating him about posts he published online that criticized the MIGRANTS’ RIGHTS way camp authorities handled COVID-19 aid The authorities continued to arrest, detain distribution. and deport migrants throughout the year. In The Polisario Front failed to ensure that early 2020, the Spanish governmental those responsible for committing human delegation in Melilla, Spain, announced the rights abuses in the camps in previous intention to end the migratory route between decades were brought to account. the northern coast of Morocco and Spain, and the Moroccan authorities reported their DEATH PENALTY arrests of migrants near the border with Courts continued to hand down death Ceuta. Several NGOs reported an absence of sentences; there had been no executions COVID-19 protection measures in migrant since 1993. detention centres in Nador and Laayoune. According to the AMDH, around 100 1. Morocco and Western Sahara: End prosecution of activists under new migrants were detained for over a week in health emergency law (Press release, 9 June) Nador in May without access to a lawyer in 2. Morocco/Western Sahara: Crackdown against activists for criticizing violation of Law 02-03 of 2003 on the entry the King, public institutions and officials (Press release, 11 February) and stay of foreigners, which stipulates that 3. Morocco: Drop charges against Ibrahim Amrikli and cease arbitrary after 24 hours of detention, irregular migrants arrests of journalists and activists in Western Sahara (MDE must be put under judicial control and given 29/3111/2020) access to a lawyer. 4. Moroccan journalist targeted with network injection attacks using NSO group’s tools (Blog, 22 June)

254 Amnesty International Report 2020/21 markets. Those who left their homes to work MOZAMBIQUE or find food were subjected to excessive force by the police, and an increased risk of Republic of Mozambique contracting COVID-19. The authorities did not Head of state and government: Filipe Jacinto Nyusi put in place adequate social security measures to protect them from hunger and Police used excessive force against people ill-health.1 who left their homes to look for food during the COVID-19 lockdown. There was a spike VIOLENCE AGAINST WOMEN AND GIRLS in gender-based violence as victims were Gender-based violence increased sharply trapped at home with abusive partners. during the COVID-19 restrictions, when Violence in the province of Cabo Delgado women and girls were trapped in the home intensified, becoming an armed conflict and exposed to heightened risk of domestic which resulted in more than 2,000 deaths. violence. Women’s prevalence in the The authorities failed to hold to account essential services workforce put them at perpetrators of crimes under international greater risk of violence outside the home; law and serious human rights violations and restricted public transport exposed them to abuses. Repression of freedom of the threat of violence because they had to expression took a new turn when a travel late at night or in the early morning newspaper office was firebombed. hours. School closures put more girls at risk of child marriage. BACKGROUND In January, the President began a second INTERNALLY DISPLACED PEOPLE term following a controversial election which The armed conflict between the so-called al- took place amid armed violence in the north Shabaab and government forces created a of the province of Cabo Delgado, an area humanitarian crisis in Cabo Delgado. By the which remained closed to the media. The end of the year, over 500,000 people were government’s secret loans scandal internally displaced, and more than 700,000 destabilized socioeconomic conditions. needed humanitarian assistance. The Meanwhile, flooding in 2019 and 2020 government failed to provide shelter, food, destroyed infrastructure, further isolating the water, education or health services and many population in northern Cabo Delgado. In people relied on the goodwill of local families response to the COVID-19 pandemic, the to give them shelter in Cabo Delgado and the authorities imposed a state of emergency neighbouring provinces of Nampula and between 30 March and 6 September. The Niassa. At the end of the year, it remained measures contributed to poor living unclear whether the government’s Northern conditions nationwide, and in particular Integrated Development Agency had had an exacerbated the precarious conditions in impact on the humanitarian crisis. Cabo Delgado when an armed opposition group, known locally as al-Shabaab (although IMPUNITY there is no known relationship with al- Impunity for crimes under international law Shabaab in Somalia), used the period to and serious human rights violations and intensify its attacks. abuses carried out in Cabo Delgado’s armed conflict remained widespread. By December, RIGHT TO FOOD more than 2,000 people had been killed, State of emergency provisions were punitive including civilians caught in crossfire or and led to increased food insecurity in deliberately targeted by armed opposition marginalized neighbourhoods, particularly as groups and government forces. Throughout most people depended on the informal the year, armed groups beheaded civilians, economy to earn a living on the streets and in burned houses, looted villages and

Amnesty International Report 2020/21 255 kidnapped women and girls. Meanwhile, Fernando Veloso, Editorial Director of the civilians, alleged members of armed independent newspaper, Canal de opposition groups and journalists reporting Moçambique, with “violation of state secrecy” on the attacks were subjected to detention, and “conspiracy against the state”, after the torture and other ill-treatment, enforced paper had published an article, in March, disappearance and extrajudicial execution by about an unlawful secret contract between security forces. the Ministry of Defence, the Interior Ministry In June and July, photographic and video and natural gas companies in Cabo Delgado. evidence emerged of what appeared to be On 23 August, police arrested investigative Mozambique Armed Defence Forces soldiers journalist Armando Nenane in the capital, and officers of the Mozambique Rapid Maputo, for failing to comply with COVID-19 Intervention Unit2 committing crimes against regulations. This followed his depositing suspected armed group fighters. The victims funds in the former Defence Minister’s bank were tortured, extrajudicially executed and account, the details of which he then their bodies dismembered, and corpses were published as a means to corroborate Canal’s apparently dumped in mass graves. The story. Following this, government supporters authorities had not investigated the crimes by launched a social media campaign the end of the year. demanding that he be prosecuted for “violation of state secrecy”. Enforced disappearances On the day of Armando Nenane’s arrest, On 7 April, community radio journalist unidentified assailants firebombed Canal’s Ibraimo Abú Mbaruco, from the Palma offices in Maputo.4 The attack came just four District in Cabo Delgado, disappeared after days after the newspaper had published being approached by army officers on his allegations about an unethical procurement way home from work at around 6pm.3 The process involving senior Ministry of Mineral authorities did not respond to his family’s Resources and Energy officials, and request for information on his whereabouts, governing party elites. Government which remained unknown at the end of the sympathizers responded with a social media year. campaign calling for the newspaper’s closure. Extrajudicial executions D. Luíz Fernando Lisboa, a Brazilian On 11 March, the security forces arrested national and Bishop of Pemba, the capital Roberto Mussa Ambasse and Muemede city of Cabo Delgado, repeatedly raised Suleimane Jumbe, two local activists and concerns about the human rights situation in community leaders, from their homes in the province. In August, the President Palma district. They were later found dead indirectly denounced him saying that “certain among 12 other civilians. Despite numerous foreigners” disrespected those who protected calls for investigations, the authorities had not them “in the name of human rights”. conducted any meaningful investigations Following this, government supporters, and at leading to an arrest by the end of the year. least one pro-government newspaper labelled the Bishop a criminal, accused him of FREEDOM OF EXPRESSION supporting insurgency and called for him to There was an escalation in the repression of be expelled from Mozambique. the right to freedom of expression, characterized by intimidation, smear 1. Southern Africa: Governments must move beyond politics in campaigns, harassment, arbitrary arrests, distribution of COVID-19 food aid (Press release, 6 May) and prosecutions of journalists, human rights 2. Mozambique: Torture by security forces in gruesome videos must be defenders and government critics. investigated (Press release, 9 September) In June, the Public Prosecutor charged 3. Mozambique: Journalist forcibly disappeared: Ibraimo Abú Mbaruco Matias Guente, Executive Director, and (Urgent Action, 15 April)

256 Amnesty International Report 2020/21 4. Mozambique: Media freedom in ashes (AFR 41/2947/2020) to cope with such large-scale outbreaks, and the economic impact of the pandemic negatively impacted at-risk populations, MYANMAR including internally displaced people and millions living in poverty. Republic of the Union of Myanmar In the general election held on 8 Head of state and government: U Win Myint November, ’s National League for Democracy retained its Serious human rights violations occurred parliamentary majority. across Myanmar as internal armed conflict Voting was called off in conflict-affected between the military and ethnic armed parts of the country, including much of groups continued. Indiscriminate airstrikes Rakhine State. As a result, over 1.5 million and shelling by the military took place in mainly Rakhine people were deprived of their Rakhine and Chin States and thousands of right to vote. The vast majority of the civilians were displaced. Humanitarian Rohingya population had already been groups faced severe restrictions on their disenfranchised prior to the 2015 election, activities, which limited their access to at- through the annulment of “White Card” risk populations. The authorities imposed identity papers. undue restrictions on access to information in Rakhine and Chin States, which HUMAN RIGHTS VIOLATIONS IN THE negatively impacted the ability of CONTEXT OF INTERNAL ARMED communities to receive potentially CONFLICT lifesaving information, during both the During the year civilians were killed or injured COVID-19 pandemic and the ongoing armed by indiscriminate airstrikes and shelling by conflict. Persecution of human rights the military in many parts of Rakhine State defenders continued around the country. and Paletwa township, Chin State2 Authorities imposed arbitrary restrictions on Since the escalation of the conflict the rights to freedom of expression, between the military and the Arakan Army in association and peaceful assembly. early 2019, cases of forced labour, arbitrary detention, and torture and other ill-treatment BACKGROUND of civilians by government troops increased. On 23 January, the International Court of In Kachin and northern Shan States, Justice (ICJ) ordered Myanmar to prevent reports of human rights violations against genocidal acts against the Rohingya Muslims civilians by the military continued to emerge pending the case filed by . The in the context of several armed conflicts. ICJ also ordered Myanmar to regularly report Reports of human rights abuses by ethnic on the implementation of this order.1 armed groups included abductions, murder, The government repeatedly emphasized illegal detention, forced and child recruitment that the accountability of those responsible into armed groups, forced portering, and for human rights violations was an internal extortion. affair. Impunity continued to be pervasive, On 12 June, the Union Minister of Social however, and the government made no Welfare, Rescue and Resettlement meaningful moves towards establishing announced that it would form two bodies to civilian oversight of the military or creating clear anti-personnel mines nationwide as part effective internal investigative and of its plan to resettle civilians displaced by accountability mechanisms. armed conflict. Both the military and ethnic The COVID-19 pandemic saw varying armed groups continued to use anti- degrees of lockdown measures in major personnel mines and improvised explosive cities, as cases continued to rise. The devices (IEDs).3 country’s health care system was ill-equipped

Amnesty International Report 2020/21 257 Township. In both cases, the Myanmar INTERNALLY DISPLACED PEOPLE military and Arakan Army denied There were some 300,000 individuals responsibility. displaced in Rakhine, Chin, Kachin and northern Shan States due to armed conflict FREEDOMS OF EXPRESSION, between the Myanmar military and various ASSOCIATION AND ASSEMBLY ethnic armed groups. Along the Thai- Authorities used a range of repressive laws to Myanmar border, tens of thousands arrest, prosecute and imprison individuals remained displaced from conflict decades who exercised their rights to freedoms of earlier. expression, association and peaceful Tens of thousands of people were assembly. displaced during the year in Rakhine State Arbitrary and politically-motivated arrests due to armed conflict. This added to the and prosecutions took place throughout the existing displacement crisis in the state, year, and 58 people were imprisoned.4 The where 130,000 mostly Rohingya Muslims authorities often pursued charges under remained effectively interned in camps since Section 66(d) of the 2013 violence in 2012. In Kachin State, almost Telecommunications Law and Sections 100,000 people remained in camps, having 505(a) and 505(b) of the Penal Code against been displaced since the 2011 resumption of critics and human rights defenders. fighting between the Kachin Independence Authorities charged poetry troupe the Army and the military. Peacock Generation with “online defamation” The government earmarked for closure under these two laws for their peaceful many camps for internally displaced people, Thangyat performances criticizing the but none were closed during the year. military. Thangyat is a traditional art form Repatriation of Rohingya refugees in fusing poetry, comedy and music for satirical Bangladesh who fled atrocities in Rakhine ends, performed during the New Year water State in 2016 and 2017 had yet to festival in April. Six members of the group commence. were sentenced to between two and six years’ imprisonment. By year’s end, three remained DENIAL OF HUMANITARIAN ACCESS in prison. UN agencies and international NGOs Authorities used national security delivering humanitarian aid and supplies legislation to arbitrarily limit the right to faced significant impediments in their efforts freedom of expression and information. The to conduct activities. The authorities 1908 Unlawful Associations Act was often restricted access to conflict-affected areas used by authorities to target, harass, and where governance was contested by the intimidate and punish activists and government and ethnic armed groups. journalists, especially those belonging to Restrictions on humanitarian actors were ethnic and religious minorities. particularly acute in Rakhine State, where a On 24 March, the government designated cumbersome and government- the Arakan Army as a terrorist organization, imposed travel bans prohibited access to at- which effectively outlawed any risk populations, including in conflict and communication with the group. At least three displacement settings. journalists were prosecuted under the Travel within Rakhine State was risky for Counter-Terrorism Law and Sections 17(1) humanitarian groups. In April, a WHO vehicle and 17(2) of the Unlawful Associations Act carrying COVID-19 test samples in Minbya for contacting the Arakan Army. Media township, Rakhine State, came under gunfire workers practised self-censorship and and the driver was killed. On 28 October, two routinely disclosed that they were not able to men were injured and one killed aboard an contact the relevant ethnic armed group for ICRC-contracted aid vessel in Rathedaung comment, for fear of prosecution.

258 Amnesty International Report 2020/21 Under the Peaceful Assembly and of the government. They issued three Peaceful Procession Law, organizers of public directives between 19 and 31 March to block gatherings, such as peaceful demonstrations a total of 2,147 websites under Section 77 of or processions, were required to notify police the Telecommunications Law, which granted prior to the event. Failure to do so could the government broad and arbitrary powers result in criminal sanctions. On 4 September, to suspend telecommunications networks. poet and activist Maung Saungkha was The authorities restricted meaningful convicted under Section 19 of this law after access to independent media and human he placed a banner over a highway during a rights monitors in conflict-affected areas. protest marking the one-year anniversary of Journalists and media outlets faced pressure, restrictions on mobile internet intimidation and harassment for reporting on communications in parts of Rakhine and sensitive issues. The threat of arrest loomed Chin States. Maung Saungkha chose to pay a large for those reporting on conflict, fine of 30,000-kyat (US$22.50) rather than disproportionately affecting journalists from serve a 15-day prison sentence. ethnic minority groups. Aung Marm Oo, During September the authorities arrested editor-in-chief of a Rakhine State-based news 15 members of the All Burma Federation of agency reporting on violations during the Student Unions (ABFSU). They had conflict between the military and the Arakan participated in peaceful anti-war Army, remained in hiding where he had been demonstrations and pamphleting awareness since May 2019. He faced charges under campaigns around the country, calling for an Section 17(2) of the Unlawful Associations end to the conflict in Rakhine and Chin Act, which provided for up to five years’ States, and for the restoration of mobile imprisonment for any person who managed, internet services in areas affected by the assisted or promoted an unlawful association. government-ordered slowdown. Six of them were charged under sections CORPORATE ACCOUNTABILITY 505(a) and 505(b) of the Penal Code. One In September, links were exposed between was charged under Section 25 of the Natural international businesses and the financing of Disaster Management Law, and eight were the military, including many units directly charged under Section 19 of the Peaceful responsible for crimes under international law Assembly and Peaceful Procession Law. and other human rights violations.5 Leaked Prison terms of up to six years were handed official documents revealed how the military down in several cases and legal proceedings received huge revenues from shares in were ongoing. Other ABFSU members Myanmar Economic Holdings Limited, a remained in hiding. secretive conglomerate whose activities included the mining, beer, tobacco, garment ACCESS TO INFORMATION manufacturing and banking sectors. In August, the government partially lifted restrictions on mobile internet connectivity LESBIAN, GAY, BISEXUAL, imposed in June 2019 in the conflict-affected TRANSGENDER AND INTERSEX (LGBTI) areas of northern Rakhine and southern Chin PEOPLE States. Areas where service was restored saw Section 377 of the Penal Code criminalized a drastic reduction in connection speeds. consensual same-sex relations. Although this This impeded the flow of information, provision was rarely enforced, the fact that it especially the documentation of human rights remained on the books created a hostile violations and abuses and the dissemination environment that legitimized harassment, of crucial health care information during the discrimination and violence against LGBTI COVID-19 pandemic. people, placing them at risk of attack and Authorities cited national security in their extortion by police and other authorities. use of broad powers to block websites critical

Amnesty International Report 2020/21 259 charges had been filed by the survivor in RIGHT TO EDUCATION July. In its statement, the military publicly On 13 February, Children’s Day, an artillery named the survivor but not the perpetrators. shell landed on the Basic Education Post- In late December, the three soldiers were Primary School in Kha Mhwe Chaung village, each sentenced to 20 years’ imprisonment of San Hnyin Wai Village Tract in Buthidaung with hard labour. Township, injuring at least 17 students. The military occupied school buildings in 1. World court orders Myanmar to protect the Rohingya (Press release, Rakhine State, using them as temporary 23 January) bases. Appropriation of educational facilities 2. Myanmar: Indiscriminate airstrikes kill civilians as Rakhine conflict not only denied children their right to worsens (Press release, 8 July) education, but potentially turned schools into 3. Myanmar: Villages burned, civilians injured and killed as Rakhine military targets, placing the lives and safety of State conflict escalates (Press release, 12 October) civilians at risk. 4. "I will not surrender": The criminalization of human rights defenders and activists in Myanmar (ASA 16/2041/2020) VIOLENCE AGAINST WOMEN AND GIRLS 5. Myanmar: Leaked documents reveal global business ties to military Progress towards a Prevention of and crimes (Press release, 10 September) Protection from Violence Against Women (PoVAW) law was stalled. Members of parliament continued to debate crucial NEPAL provisions of the draft law, including on the definitions of rape. Under the Penal Code, Federal Democratic Republic of Nepal marital rape was not considered a crime. Head of state: Bidya Devi Bhandari Although the latest version of the PoVAW Head of government: Khadga Prasad Sharma Oli criminalized marital rape, its penalties were lighter than for rape outside of marriage. Legislation limiting the rights to freedom of On 21 January, Myanmar’s Independent expression and privacy remained pending. Commission of Enquiry (ICOE), a domestic Security forces detained individuals for body charged with investigating atrocities “spreading misinformation” and criticizing against the Rohingya in Rakhine State during the government during the COVID-19 2016 and 2017, released an executive pandemic. Protesters were detained and summary of its findings in which it claimed security forces continued to use excessive that there was “no evidence of gang rape force to disperse protesters and enforce committed by Myanmar’s security forces”. lockdowns. Efforts toward securing justice, The ICOE conceded, however, that it had not truth and reparation for crimes under carried out interviews with Muslim Rohingya international law and human rights survivors who had fled to Bangladesh. The violations committed during the ICOE’s claim directly contradicted the 1996-2006 conflict remained grossly findings of human rights groups, attending inadequate. Indigenous families were medical practitioners and the UN forcibly evicted and their homes destroyed. Independent International Fact-Finding Sexual and gender-based violence Mission on Myanmar, which documented continued with impunity. Gender-based widespread and systematic rape against discrimination continued in both law and Rohingya women and girls. practice. Dozens of abuses against Dalits On 11 September, the military admitted were reported and abuses were often carried that three of its soldiers raped an ethnic out with impunity. The government did not Rakhine woman during operations in take adequate measures to protect Nepali Rathedaung Township on 30 June, despite migrant workers stranded and otherwise their previous denials when the allegations affected by the pandemic abroad. were first raised by local media after rape

260 Amnesty International Report 2020/21 protesting the rape and murder of a six-year- BACKGROUND old girl. The security forces often used Amid disputes within the ruling party, in excessive force to enforce the lockdown December President Bhandari dissolved the imposed amid the pandemic. lower house of Parliament on the recommendation of the Cabinet led by Prime RIGHT TO TRUTH, JUSTICE AND Minister Oli. At the end of the year, several REPARATION challenges against the decision were pending The government failed to deliver truth, justice before the Supreme Court. and reparation for thousands of victims of crimes under international law and human RIGHT TO PRIVACY rights violations committed during the The Nepal Special Service Bill, which 1996-2006 armed conflict. The Truth and included broad and vague provisions allowing Reconciliation Commission and the intrusion on the right to privacy without Commission of Investigation on Enforced judicial authorization, remained pending in Disappeared Persons, which together had the Parliament’s lower house after being collected more than 63,000 complaints of endorsed by the upper house in May. The crimes committed by state security forces Ministry of Information and Communication and armed opposition groups, failed to carry drafted a Bill on Telecommunications giving out effective and independent investigations. authorities sweeping powers to conduct The government failed to amend the surveillance and collect and record Enforced Disappearances Enquiry, Truth and information on individuals and organizations Reconciliation Commission Act 2014 to bring without adequate legal safeguards. it in line with international human rights law and standards, as repeatedly ordered by the FREEDOMS OF EXPRESSION AND Supreme Court. In January, the government ASSEMBLY finalized the appointment of new A series of bills threatening to severely restrict commissioners to the two commissions freedom of expression remained pending in without adequate consultations with conflict Parliament, including the Media Council Bill, victims and without amending the law the Mass Communication Bill and the allowing amnesties for serious crimes under Information Technology Bill. Dozens of international law. individuals, including journalists, were The ruling party also continued to appoint detained for “spreading misinformation” or people implicated in conflict-era crimes to criticizing the government in the context of positions of power without thorough and the COVID-19 pandemic. The Nepal Press independent investigations. In October, the Council shut down more than 30 news National Human Rights Commission named websites for “publishing false and fabricated 286 alleged individual perpetrators and news”. highlighted the government’s failure to The security forces continued to detain implement the Commission’s activists and frequently resorted to excessive recommendations and hold perpetrators to force to disperse peaceful protesters. In account. January, police detained human rights activists peacefully demonstrating for justice MIGRANT WORKERS’ RIGHTS for conflict-era crimes. In July, security forces The government failed to protect the rights of tear gassed protesters demanding hundreds of thousands of Nepali migrant investigations and accountability for the workers stranded abroad as COVID-19 deaths of Dalits in Dhanusha. In November, a lockdowns came into force. They failed to man died and two others were critically ensure the protection and affordable injured by bullets after security forces opened repatriation of migrant workers through the fire at protesters in Mahottari district Foreign Employment Welfare Fund. The

Amnesty International Report 2020/21 261 authorities also failed to ensure adequate by a man who was not prosecuted after standards of living and protect the health and raping a 14-year-old a month earlier. safety of several returnee migrant workers in COVID-19 quarantine facilities. In June, a TORTURE AND OTHER ILL-TREATMENT migrant woman was raped in a quarantine Torture and other ill-treatment were facility in Kailali district. widespread in pre-trial detention to extract “confessions” and intimidate detainees. FORCED EVICTIONS Although the 2017 Criminal Code In July, without prior notice the Chitwan criminalized torture and other ill-treatment, National Park authorities forcibly evicted 10 no one had been convicted under it by the Indigenous Chepang families, setting two end of 2020. houses on fire and destroying eight other Several allegations of deaths due to torture homes with the use of elephants. Others were reported, particularly of Dalits and living in informal settlements across the Indigenous people. In July, Indigenous man country remained at risk of forced evictions. Raj Kumar Chepang died allegedly after being tortured by Nepal Army personnel DISCRIMINATION stationed at the Chitwan National Park. An The government failed to ensure timely army officer was remanded on charges of appointments of commissioners to various murder. constitutional commissions, severely The authorities failed to carry out impacting their ability to protect and promote independent and credible investigations into women’s rights and the rights of marginalized several deaths in custody suspected to have groups including Indigenous Peoples, Dalits, resulted from torture, especially of young Madheshis, Tharus and Muslims. Dalit men. In August, Bijay Mahara died in Gender-based discrimination continued police custody, allegedly from torture during and the government did not address interrogation. Three police officers were constitutional flaws which denied women suspended for six months, but were not equal citizenship rights. More than 2,100 charged with torture or murder. Shambhu incidents of rape and sexual violence were Sada died in police custody in Dhanusha in reported to the police. Victims included June and Roshan BK in Kailali district in children and Dalits. Rigid statutory limitations September. The police claimed that both for rape in the Criminal Code continued to men had committed suicide, while their allow impunity for perpetrators. families alleged that they were tortured to In September, the government passed two death. ordinances aimed at ending acid attacks against women and girls. Despite provisions in law and policy to address discrimination based on caste, NETHERLANDS numerous incidents of discrimination, Kingdom of the Netherlands ostracization, killings and sexual violence Head of state: Willem-Alexander against members of the Dalit community Head of government: were reported. In May, opponents of an inter- caste relationship killed six men including Prison-like migration detention remained a four Dalits in Western Rukum district. Also in concern. The Minister of Justice and May, a 12-year-old Dalit girl was allegedly Security announced changes to rape raped and killed in Rupandehi district after legislation to bring it more in line with being forcibly married to her alleged rapist, human right standards. Ethnic profiling by who belonged to a dominant caste. In police continued to be a concern. Predictive September, another 12-year-old Dalit girl was policing methods used artificial intelligence raped and killed in Bajhang district, allegedly

262 Amnesty International Report 2020/21 without safeguards against mass surveillance and discrimination. EXCESSIVE USE OF FORCE During the year the Minister of Justice and RIGHTS OF REFUGEES, ASYLUM- Security worked on the introduction of SEEKERS AND MIGRANTS electro-shock weapons in policing, with the The use of punitive measures such as aim of equipping some 17,000 patrol officers isolation in migration detention remained a with a Taser X2. Contrary to international concern, with its use more than doubling in standards, electro-shock weapons may be the past few years. used against persons who do not pose an In June, a pending bill on migration imminent threat to life or risk of serious detention was amended to give the directors injury. of detention centres powers to respond to unrest by imposing a lockdown and DISCRIMINATION restricting all detainees to their cells in a way Despite mass demonstrations in May and akin to isolation for a period of up to four June in reaction to the Black Lives Matter weeks. movement, no measures to combat Some asylum-seekers remained at risk of discrimination were taken. In 2014 the deportation as documents which could not authorities had acknowledged ethnic profiling be verified were not taken into account in in law enforcement and introduced asylum applications. In December 2019, a interventions such as professional standards, preliminary ruling had been requested by the training modules and software applications District Court of The Hague challenging this supporting officers to use their stop and situation, but no decision was handed down search powers fairly and effectively. However, by year’s end. evaluations showed their implementation continued to be inconsistent. VIOLENCE AGAINST WOMEN AND GIRLS In May, the Minister of Justice and Security MASS SURVEILLANCE published a preliminary draft bill of the Law enforcement agencies increasingly used Sexual Offences Act which proposed no algorithmic risk profiles. Police in the city of amendments to the legal definition of rape, Roermond conducted an ongoing predictive retaining “forcible coercion” and “violence” policing experiment designed to prevent and as its central elements. It introduced a new, detect alleged thefts committed by people lesser crime of “sexual acts against the from Eastern Europe. In September, an person’s will” which would carry half the investigation revealed that the project violates sentence for the current crime of rape. the rights to non-discrimination, privacy and The definition of rape proposed was not in data protection.1 line with international human rights law and did not offer sufficient protection for victims 1. Netherlands: We sense trouble: Automated discrimination and mass of sexual violence. After criticism from civil surveillance in in the Netherlands (EUR society organizations, survivors and 35/2971/2020) Parliament, the Minister announced in November that he would amend the proposal so that all forms of involuntary sex would be NEW ZEALAND defined as rape. During the COVID-19 lockdown measures New Zealand in March and April, a specialist helpline Head of state: Elizabeth II, represented by Patricia Lee reported the number of people calling to seek Reddy support due to sexual violence went up. Head of government:

Amnesty International Report 2020/21 263 Investigations revealed that police had used excessive force during arrests and failed in EXCESSIVE USE OF FORCE their duty of care to detainees. In February, the Independent Police Conduct Authority (IPCA) found that a police officer BACKGROUND had unjustifiably kicked a 13-year-old boy in To prevent the spread of COVID-19, the the head during arrest. In April, the IPCA government enforced a state of emergency found in a separate incident that a police from 25 March until 13 May and restricted officer was not justified in punching a 13- movement, mass gatherings and entry into year-old boy during arrest, and that the police the country. had failed in their duty of care to arrange In August, the High Court ruled that during immediate medical attention for an obvious the first nine days of the nationwide lockdown head injury after the arrest. the government acted in a necessary, In August, the IPCA found the police had reasonable and proportionate way but failed in their duty of care to a man who died exercised powers which lacked legal basis for after being in police custody. It found those nine days. insufficient assessment and monitoring, and incorrect application of a spit hood. TORTURE AND OTHER ILL-TREATMENT In July, an inquiry into New REFUGEES AND ASYLUM-SEEKERS Zealand Defence Force (NZDF) in The Community Sponsorship of Afghanistan operations in 2010 found that Refugees pilot, a community-led the NZDF gave erroneous information complementary pathway to the government- to ministers and the public about civilian led Refugee Quota Programme, received a casualties over a number of years and failed further three years of funding in to follow up on credible allegations of torture the government budget. of a prisoner they had delivered into Afghan detention. SEXUAL AND REPRODUCTIVE RIGHTS In August, reports from recent inspections In March, the Abortion Legislation Act was of five secure mental health units within enacted, allowing women to seek an abortion hospitals under the Optional Protocol to the without restrictions within the first 20 weeks UN Convention against Torture (OPCAT) of their pregnancy. After 20 weeks, women found that two units had practices amounting must consult a qualified health practitioner to to cruel, inhuman or degrading treatment, assess their physical and mental health and including one unit which used seclusion well-being. rooms as long-term bedrooms when facilities were over capacity. Prison inspections under OPCAT in April and May observed that while the prisons’ NICARAGUA overall COVID-19 response had been well- Republic of Nicaragua resourced, balanced and efficient, four out of Head of state and government: Saavedra the nine prisons “had difficulties ensuring that all prisoners received one hour of fresh air on a daily basis”. A Department of Nicaragua’s human rights crisis continued review of this practice in May throughout 2020, as did the authorities' found strategy of repressing dissent. The that inconsistent manual documentation government’s response to the COVID-19 practices meant that it was unclear whether pandemic ignored the health minimum entitlements had been met in all recommendations of international instances. organizations. Arbitrary arrests and detentions of political activists continued

264 Amnesty International Report 2020/21 and new threatening laws against dissent overcrowded and unsanitary prison system were adopted. Hundreds of migrant workers was especially concerning. Moreover, reports and asylum-seekers from Nicaragua seeking of the poor supply of drinking water and lack to return to the country in the context of the of adequate medical care and medicine pandemic faced obstacles imposed by the within the prison system continued.3 government. Impunity persisted for those Local organizations and relatives of suspected of criminal responsibility for individuals whose detention was politically violence against Indigenous Peoples. motivated reported that some of these detainees suffered from serious pre-existing RIGHT TO HEALTH health problems that render them especially Despite recommendations of international vulnerable to COVID-19. In addition, they organizations in the context of the COVID-19 reported that none of them was tested for pandemic, the Nicaraguan authorities COVID-19 or receiving proper health care.4 In promoted mass gatherings where social May, the OHCHR expressed concern over distancing was not possible. In April, the Pan reports that approximately 40 of these American Health Organization (PAHO) detainees had presented symptoms expressed concern about the Nicaraguan consistent with COVID-19 and/or suffered government’s response to COVID-19, which from chronic health conditions. did not include promoting measures, but rather called for mass FREEDOMS OF ASSOCIATION, gatherings. PAHO also described the ASSEMBLY AND EXPRESSION prevention and control processes The authorities continued targeting implemented by the authorities as journalists, human rights defenders and local inadequate.1 In May, PAHO added that, NGOs. By the end of 2020, the legal despite repeated requests and the registration of nine human rights government’s response that it would allow organizations, which had been cancelled by PAHO to visit health facilities and provide the National Assembly in December 2018, detailed information, the authorities took no had not been restored and their assets action. remained confiscated. In June, the National Local groups highlighted the lack of Assembly cancelled the legal registration of information that the government provided an additional NGO that worked in the about the pandemic and public policies for municipality of Camoapa. Later, in August, prevention, diagnosis and containment. The Fundación del Río reported that six of its OHCHR also noted with concern the lack of properties, including reforestation areas and state transparency regarding official nature reserves, had been information about the response to COVID-19. arbitrarily confiscated. By August, at least 31 health workers had Throughout the year, reports of illegitimate been dismissed from their jobs in the public restrictions on the right of peaceful assembly sector, according to the Citizen Observatory continued. The OHCHR and the Inter- COVID-19 Nicaragua and local lawyers. American Commission on Human Rights These dismissals occurred after workers (IACHR) received reports of different expressed concerns about their working demonstrations and public events that were conditions, the lack of personal protective repressed or restricted by the government or equipment (PPE), or made public their pro-government groups. concerns about the state response to the Between March and mid-July, the pandemic.2 Observatory of Aggressions on the In the context of COVID-19, the situation of Independent Press of Nicaragua reported political activists and those perceived as 351 aggressions, including the government opponents who remained criminalization of journalists, arbitrary detained in Nicaragua’s precarious, detentions and the harassment of media

Amnesty International Report 2020/21 265 workers and their families. Additionally, government to establish responsibility for the between mid-July and mid-December the killings or to prevent future attacks. Observatory received reports of 943 aggressions. 1. Nicaragua: Government increases risk of COVID-19 infection in a In October, the National Assembly country already devastated by two years of crisis (Press release, 16 approved the Law for the Regulation of April) Foreign Agents and the Special Law on 2. Nicaragua: International organizations call on president Ortega to Cyber-crimes. The following month, the stop harassment and arbitrary dismissals of health workers (Press National Assembly approved, on first reading, release, 17 June) a reform of the Constitution that would allow 3. Prison and the pandemic: The lethal cocktail used by the Nicaraguan government against those who criticize them (Press release, 10 lifetime imprisonment. In the current context, August) there was a well-founded fear that these laws 4. ‘She doesn’t want to die there’: Women activists punished with jail in would be used to target people who speak Nicaragua amid COVID-19 (Press release, 14 August) out against repressive policies and call for respect for human rights. In December, the Law for the Defence of the Rights of the People to Independence, NIGER Sovereignty and Self-Determination for Peace Republic of Niger was approved by the Assembly. The same Head of state: Mahamadou Issoufou month, the General Secretariat of the Head of government: Brigi Rafini Organization of American States stated that this law seeks to restrict political rights and jeopardize fundamental rights enshrined in Freedoms of expression and peaceful international instruments. assembly were routinely violated; civil society members and journalists who ARBITRARY DETENTION criticized government policy were targeted. Hundreds of people have been incarcerated New legislation allowed the authorities to since April 2018 for the free exercise of their intercept electronic communications, rights. By December, local organizations without adequate oversight by an reported that more than 100 of them independent authority. Armed groups remained in prison. Arbitrary arrests and committed human rights abuses against the detentions of political activists were reported population. At least 72 people were even during the pandemic. extrajudicially executed and dozens forcibly Additionally, political activists released disappeared by the army in Tillabéry. from prison reported harassment and surveillance by the authorities and pro- BACKGROUND government groups. As of early December, at Presidential and legislative elections were least 31 people held for political reasons had held in December. The National Commission been re-arrested after being released, for Political Dialogue acceded to opposition according to local organizations. demands by rescheduling local elections to December, but differences persisted over the INDIGENOUS PEOPLES’ RIGHTS composition of the Independent National Local NGOs and communities continued to Electoral Commission and the electoral report the presence of non-Indigenous enrolment of Nigeriens abroad. settlers on their lands, as well as threats and In February, a Ministry of Defence audit of attacks by settlers. Despite the fact that some government contracts was leaked and of the attacks resulted in deaths of revealed allegations of misuse of defence Indigenous people, according to local funds within the Ministry. Opposition and civil organizations and media reports, no special society members responded with demands protection measures were put in place by the

266 Amnesty International Report 2020/21 that those suspected of being involved be President’s son complained about a held accountable. comment on his role in the alleged misuse of The government declared a state of defence funds, which had been made by emergency on 27 March to respond to the another user on her Facebook page. In July, COVID-19 pandemic. On 30 March, the the Niamey High Court dismissed the authorities released 1,540 prisoners to ease charges and she was released after 48 days overcrowding and thereby reduce the risk of in detention. COVID-19 infection. One of those released was , an opposition leader. Mass surveillance In May, the National Assembly voted to pass FREEDOM OF EXPRESSION the Interception of Electronic Journalists, human rights defenders and civil Communications law which authorized the society activists were arrested after they government to intercept electronic demanded government accountability in communications for the purpose of national connection with the leaked Ministry of security and threatened to seriously Defence audit, or otherwise criticized undermine the rights to privacy and freedom government measures to control the spread of expression. The law did not provide for an of COVID-19. The authorities used the 2019 independent authority to sanction Cybercriminality Act to arrest people for surveillance requests, or for a body which exercising their right to freedom of could adequately oversee interceptions. expression. In March, police arrested Mamane Kaka FREEDOM OF ASSEMBLY Touda, a journalist, for “disseminating data On 13 March, the government banned all likely to disturb public order” after he posted gatherings of over 1,000 people as a a Facebook message which warned about a measure to control the spread of the potential COVID-19 case in the Niamey COVID-19 pandemic. On 15 March, security General Hospital. In the same month, he was forces brutally suppressed a demonstration in convicted by a court in the capital, Niamey, Niamey organized by civil society and received a three-month suspended organizations which called for an sentence. In April, the same charges were investigation into the audit that revealed the used against Mahaman Lawali Mahaman Defence Ministry had misused funds. Nassourou, a member of the Network of Security forces prevented the protesters’ Organizations for Transparency and access to a venue where they intended to Budgetary Analysis (ROTAB) after he shared hold their demonstration and fired tear gas to a WhatsApp message from a religious disperse them, resulting in a fire at Tagabati organization which denounced the closure of market in which three people died. places of worship in response to the Six of the organizers were arrested in the COVID-19 pandemic. He was detained for following days on trumped-up charges one month and provisionally released on 25 including complicity in the damage of public May. property, arson and manslaughter. On 1 May, Also, in April, Ali Idrissa, the ROTAB Co- three of them, Moussa Tchangari, the ordinator, was arrested and charged with General Secretary of Alternative Espaces defamation and “disseminating data likely to Citoyens, Habibou Soumaila, member of disturb public order” for posting a message Tournons La Page Niger (TLP Niger) and Sani on Facebook about the involvement of Chekaraou, President of the Niamey military officers in the misuse of defence Wholesalers’ Association, were provisionally funds. He was released without charge after released. On 29 September, the remaining five days. three, Maikoul Zodi, Co-ordinator of TLP In June, Samira Sabou, a journalist, was Niger, Halidou Mounkaila of the teachers’ subject to the same charges after the

Amnesty International Report 2020/21 267 union SYNACEB, and Moudi Moussa, a reserve in Tillabéry, including seven journalist, were also provisionally released. humanitarian workers, were killed by ISGS members. WOMENS’ AND GIRLS’ RIGHTS Niger failed to implement the 2019 ENFORCED DISAPPEARANCES concluding observations of the Human Rights Between 27 March and 3 April, at least 115 Committee which recommended changes to people were forcibly disappeared by the army legislation to provide safe access to abortion who were deployed in Tillabéry as part of for women and girls. Abortion was still operation Almahou. The authorities denied criminalized in Niger and only allowed in any responsibility on the part of the army. instances where the mother’s life is at risk. On 4 September, the National Human Rights Commission published its report on REFUGEES AND ASYLUM-SEEKERS these incidents and concluded that the army In January, the High Court in Agadez ruled was responsible for the enforced sit-ins held by asylum-seekers in front of the disappearances and that 72 of the office of UNHCR, the UN refugee agency, to disappeared had been extrajudicially be illegal. The asylum-seekers had been executed by soldiers and their bodies buried protesting against the refugee camp living in at least six mass graves. The fate or conditions and resettlement delays. Following whereabouts of the others remained the ruling, the police violently dispersed the unknown at the end of the year. sit-ins, forcing protesters to return to the UNHCR camp where some of them RIGHT TO HEALTH AND WORKING destroyed part of the camp. Subsequently, CONDITIONS OF HEALTH WORKERS the police arrested 336 asylum-seekers. They The authorities failed to provide health were charged for “organized rebellion” and workers who treated COVID-19 patients with “arson”. On 10 February, the High Court in adequate PPE, despite the announced Agadez convicted 111 of them, including one recruitment of 1,500 additional health woman, on these charges. After being given personnel, who were deployed from July suspended sentences ranging from six to 12 onward. months, they were released. The ban on motorbikes due to the emergency law in several departments also ABUSES BY ARMED GROUPS negatively impacted the accessibility of health Armed attacks continued and emergency law centres to the population. was maintained in several departments of Diffa, Tahoua and Tillabéry, and extended during the year to Kollo and Balléyera, also in the Tillabéry region. NIGERIA Armed groups, including the Islamic State Federal Republic of Nigeria in the Greater Sahara (ISGS) and the Islamic Head of state and government: State in West Africa Province, perpetrated human rights abuses including abductions and unlawful killings. Both the armed group Boko Haram and On 9 May, unidentified gunmen killed 20 Nigerian security forces continued to men in the villages of Gadabo, Zibane-Koira commit serious crimes in the north-east, and Zibane-Tegui in the Tillabéry region. including war crimes and likely crimes On 25 June, 10 humanitarian workers with against humanity. Boko Haram killed the NGO APIS, were abducted by gunmen in hundreds of civilians and carried out Bossey Bangou in the Tillabéry region while abductions which targeted women and girls. they were distributing food to residents. On 9 Government forces carried out August, eight visitors to the Kouré giraffe indiscriminate attacks against villages and

268 Amnesty International Report 2020/21 continued to detain thousands in inhumane Daciya Dalep, a 22-year-old student, was conditions. In the north-western and north- executed by a child soldier. central regions, over 1,500 people died in At least 30 civilians were killed in February inter-communal violence and bandit when members of Boko Haram attacked attacks. Everywhere, excessive use of force people trying to enter the town of Auno. In resulting in unlawful killings, and torture June, around 81 people were killed and and other ill-treatment were widespread. several others abducted during an attack on The fate of hundreds of Islamic Movement the village of Faduma Kolomdi. In October, of Nigeria (IMN) members who disappeared some 20 farmers were killed in Boko Haram in 2015 remained unknown. Meanwhile, attacks in the villages of Ngwom and impunity for such crimes persisted. The Moromti. rights to freedom of expression and Throughout the year, Boko Haram peaceful assembly and association were abducted hundreds of women and girls and routinely violated. In the context of subjected them to rape and forced marriage, COVID-19, gender-based violence increased including 20 who were taken in July when and the right to health was undermined. they were searching for firewood near the Thousands of people were forcibly evicted Gamboru internally displaced people’s camp from their homes. in Borno state.

BACKGROUND Humanitarian workers In January, Chad withdrew its troops from In June, the Islamic State West Africa Nigerian territory. The Chadian troops were Province (ISWAP), a Boko Haram faction, part of the Multinational Joint Task Force, a threatened to target aid workers, regional initiative established to counter humanitarian facilities and anyone it believed armed group attacks in the region. In March, to have “helped” the military. at least 50 soldiers were killed in a Boko On 15 January, following negotiations with Haram ambush in Yobe state. the authorities, ISWAP released five aid In March, the government introduced workers – two women and three men – who measures to control the spread of COVID-19, had been abducted outside Maiduguri a including an initial lockdown on non-essential month earlier. On 22 July, the same group activities, a curfew, school closures and a executed five aid workers it had abducted in ban on international and domestic flights. June on the Monguno-Maiduguri road in Restrictions were gradually eased and then Borno state. lifted in September. UNLAWFUL ATTACKS ABUSES BY ARMED GROUPS More than 1,531 people died and thousands Boko Haram continued to commit grave were displaced in inter-communal violence human rights abuses in the north-east, mostly between herdsmen and farming including killings and abductions of civilians, communities, as well as in attacks by which amounted to war crimes and may have bandits, in the north-central and north- constituted crimes against humanity. More western regions. More than 1,015 people than 420 civilians died in around 45 attacks, were taken hostage by unidentified gunmen; many of them in Borno state, but also in in December, over 300 students of Adamawa and Yobe. Meanwhile, Boko Government Science Secondary School in Haram continued to recruit child soldiers. Kankara in Katsina state were abducted from In Adamawa state, on 20 January, Boko their hostels, although they were released a Haram members beheaded Reverend Lawan few days later. The violence forced many Andimi, 18 days after abducting him in farming families to flee to urban areas or Michika, Adamawa state. In the same month, displacement camps.

Amnesty International Report 2020/21 269 Between January and July, at least 366 mid-April, including the use of excessive people were killed in villages in Kaduna state force perpetrated by security forces in 24 of by suspected herders. In May, some 74 the country’s 36 states and in the Federal people were reportedly killed in Sokoto state Capital Territory . when gunmen attacked four villages in the On 23 August, security forces opened fire Sabon Birni . on unarmed members of the separatist group Civilians were also killed when government the Indigenous People of (IPOB), who forces launched indiscriminate attacks were holding a meeting at a school in Emene against Boko Haram. On 13 April, at least 10 in state, killing at least four people. children and seven women were among Witnesses said officers of the Department of those killed when the Air Force accidentally State Services (DSS), police and military were bombed the village of Sakotoku in Damboa at the scene, some of whom shot directly at Local Government Area in Borno state. IPOB members who were carrying stones and sticks. The authorities said two security INTERNALLY DISPLACED PEOPLE force officers were also killed in the incident. Thousands of people were internally In October, security forces used excessive displaced by inter-communal violence and force to disperse peaceful protests and attacks by armed groups in the northern assemblies, including the #EndSARS regions. Many were also displaced as a result demonstrations, resulting in the deaths of 56 of military attacks against Boko Haram. On 3 protesters, bystanders and members of the January, soldiers razed the villages of Bukarti, security forces. (SARS - the Special Anti- Ngariri and Matiri, forcing hundreds of Robbery Squad - is a unit of the police tasked residents to flee to a camp near Maiduguri in with fighting violent crime.) Borno state. In September, the Borno state Governor facilitated the return of around ARBITRARY ARRESTS AND DETENTIONS 1,000 people, who had been displaced for The military continued to detain thousands of years, to their homes in the town of Baga. people. They arbitrarily arrested and detained those suspected of links to Boko Haram. EXCESSIVE USE OF FORCE Detainees were denied access to their family The security forces committed grave human members and lawyers and were not brought rights violations, including torture and other before courts. Children who fled Boko ill-treatment, and the use of excessive force Haram-controlled areas were also arrested which resulted, on some occasions, in and held in military detention facilities, unlawful killings. including Giwa barracks in Maiduguri and the In January, security agents shot and Kainji military base in Niger state. In June, injured five IMN members during a protest to 602 Boko Haram suspects were released to demand the release of their leader, Sheikh the Borno state government for resettlement. Ibraheem El-Zakzaky, and his wife, Zeenah, The military flouted an Abuja High Court in Abuja. order in July for the release of Martins The authorities repressed human rights, Idakpini, an army officer who was detained in including the rights to freedom of expression, June after he publicly condemned the peaceful assembly and freedom of military’s handling of the fight against Boko movement. Such violations were prevalent in Haram insurgents. the context of enforcing COVID-19 measures: between 30 March and 13 April, at least 18 TORTURE AND OTHER ILL-TREATMENT people were killed by the Nigerian The use of torture and other ill-treatment Correctional Service, the police and the remained pervasive throughout the criminal military. The National Human Rights justice system and was perpetrated by the Commission documented 105 complaints of police (particularly the SARS), the DSS and human rights violations between March and the military.

270 Amnesty International Report 2020/21 and perceived critics. Non-state actors also ENFORCED DISAPPEARANCES subjected journalists to intimidation, Throughout the year, security agencies, harassment and beatings. including police, military and DSS officers, The Social Media and Hate Speech bills arbitrarily detained and subjected people to remained before the Senate at the end of the enforced disappearance. year. If enacted, there could be an increased Security agencies had not yet accounted risk of repression of human rights, including for about 600 members of the IMN who went the right to freedom of expression. missing in 2015, following an incident in In April, in Ebonyi state, police arrested which at least 347 IMN members were killed The Sun newspaper journalist Chijioke Agwu by the military in Kaduna state. after he published an article on a Lassa fever There was no news of Abubakar Idris (also outbreak. Peter Okutu, of the Vanguard known as Abu Hanifa Dadiyata), an activist newspaper, was arrested for his report about and government critic, who was abducted in a military attack on the Umuogodoakpu-Ngbo August 2019 by unidentified armed men community in the Ohaukwu Local from his home in Kaduna. Government Area. They were both released a few hours after their arrests. IMPUNITY Also in April, Mubarak Bala, President of The government failed to promptly, the Humanist Association of Nigeria, was thoroughly and effectively investigate arrested by Kano state Police Command allegations of human rights violations and officers on allegations that he had insulted abuses or bring suspected perpetrators to the Prophet Muhammad on Facebook. He justice. In particular, no genuine steps were remained in detention, without charge or taken to investigate or prosecute crimes access to lawyers at the end of the year, under international law committed by Boko despite a 21 December order for his release Haram or the Nigerian military in the context by the Federal High Court of Abuja. of the conflict in the north-east. The authorities took measures to limit The government had still not released its broadcast media’s ability to carry out their report on the findings of a presidential panel constitutional watchdog roles. In August, the which had claimed to investigate the federal government amended the Nigerian military’s compliance with human rights Broadcasting Code, increasing the fine for obligations and the rules of engagement. In “hate speech” from NGN500,000 December, the ICC Prosecutor announced (US$1,300) to NGN5 million (US$13,000). the closure of the court’s preliminary The National Broadcasting Commission fined examination and stated that she would Channels TV, Arise TV and African request authorization from the judges of the Independence Television for reporting on the Pre-Trial Chamber of the Court to open #EndSARS protests in October, citing alleged investigations. violation of the broadcasting code, including The authorities continually ignored court the use of “unverified online video footage”. orders and undermined the rule of law. In In November, Amnesty International March, the Attorney General defied an Abuja Nigeria received threats and harassment Federal High Court order to hand over the from a group calling itself the Centre for soldiers who were allegedly responsible for Africa Liberation and Socio-Economic Rights killing three policemen in Taraba state in after it had issued a statement on reports of August 2019. killings of peaceful protesters at the Lekki Toll Gate in Lagos state. The group issued an FREEDOM OF EXPRESSION ultimatum for Amnesty International to leave The authorities used repressive laws to the country within seven days. The group’s harass, intimidate, arrest and detain human spokesperson also threatened to attack the rights defenders, activists, media workers

Amnesty International Report 2020/21 271 staff, supporters and premises of Amnesty compensation to a woman he had physically International. and verbally assaulted in 2019. The Senator’s appeal against the decision was pending at RIGHT TO HEALTH the end of the year. Prison conditions By the end of the year, 17 of the 36 states Prisons remained chronically overcrowded had adopted legislation which provided and around 70% of inmates were in pre-trial protection from gender-based violence. detention, some for over five years. In April, the federal government announced the RIGHTS OF LESBIAN, GAY, BISEXUAL, release of 2,600 prisoners in an amnesty to TRANSGENDER AND INTERSEX (LGBTI) reduce overcrowding and control the spread PEOPLE of COVID-19. On 31 March, six inmates in Gay men, lesbians and bisexual people Kaduna Correctional Centre were killed by continued to be arrested by security agents prison guards following a protest sparked by on the basis of their sexuality, and gay men fears of the spread of COVID-19. were subjected to blackmail and extortion by mobs and individuals. Health workers In October, a court in Lagos dismissed a Health workers were not adequately case against 47 men prosecuted for public protected from COVID-19 infection. Working displays of affection with members of the conditions were hazardous as a result of PPE same sex at a hotel in Lagos in 2018. shortages, dilapidated and over-stretched health facilities, low wages and harassment RIGHT TO HOUSING AND FORCED by security forces. These were among the EVICTIONS reasons for the strike by the National Authorities in the Territory, Association of Resident Doctors in June. Lagos and Benue states forcibly evicted thousands of people without adequate notice, GENDER-BASED VIOLENCE compensation or the provision of alternative Gender-based violence, including sexual accommodation. In January, the Navy used violence, against women and girls was live ammunition over a two-day period to widespread. forcibly evict hundreds of families from their In February, over 200 women’s groups land in Tarkwa Bay, Lagos state. Some took to the streets in Abuja to protest against residents said their children went missing the physical attack by Enugu state police on during the incident. Goodness Ibangha, a lawyer for the NGO In April, Lagos state officials demolished Women’s Aid Collective. around 10 houses during a forced eviction in According to official statistics, over 3,600 Yaya Abatan in Ogba. rapes were recorded during the COVID-19 In May, more than 20 houses were lockdown. Barakat Bello, aged 18, and destroyed in the Logo 1 area of Makurdi in Uwaila Omozuwa, aged 22, were raped and Benue state, overseen by armed police. The killed in separate incidents in May and June. Benue state Governor denied any In June, governors in all states announced involvement in the demolition and failed to their intention to declare a state of investigate the incident. emergency to tackle rape and other gender- In August, hundreds of houses were based violence against women and children. demolished, and thousands of people were They also agreed to impose harsher displaced at the Nepa Junction settlement in punishments against perpetrators. Apo in the Federal Capital Territory, while In September, a Kogi state Commissioner armed police dispersed residents with tear was prosecuted for rape, and a Federal High gas, resulting in some residents being Court in Abuja ordered a Senator to pay hospitalized. NGN50 million (US$130,000) in

272 Amnesty International Report 2020/21 On 31 December, residents of Monkey while condemning the South Korean Village in the Opebi area of Lagos state were government for failing to stop North Korean forcibly evicted when houses and buildings activists living in South Korea from sending were demolished by bulldozers with the aid of politically sensitive leaflets over the border police and thugs. using balloons and drones. On 16 June, the authorities demolished the office building. DEATH PENALTY Courts continued to impose death sentences, FREEDOM OF MOVEMENT but no executions were carried out. In On 22 January, the authorities closed all August, Yahaya Sharif-Aminu, a musician, borders and imposed a total ban on the was sentenced to death by hanging for movement of people and goods in and out of blasphemy by the Upper Shari’a Court in the country, to prevent the spread of Kano. COVID-19. Prior to this, North Koreans already needed to secure government approval to leave the country. Due to the reinforced border security measures, only NORTH KOREA 195 North Koreans resettled in South Korea Democratic People’s Republic of Korea between 1 January and 30 September, the Head of state: Jong-un lowest number since 2003 when records Head of government: Kim Tok-hun (replaced Kim Jae- were first made available. ryong in August) EXTRAJUDICIAL EXECUTIONS In response to the COVID-19 pandemic, the On 22 September, the military shot dead a authorities enforced even more severe South Korean civilian official floating on an restrictions on the rights to freedom of object in North Korean waters after movement and expression. Significant parts questioning him at a distance. Three days of the population suffered from food later, the government issued a public apology shortages and inadequate health care. The to the South Korean President but did not government continued to refuse entry to the mention whether an investigation or judicial UN Special Rapporteur on the situation of procedures had been initiated into the killing. human rights in the Democratic People’s Earlier that month, foreign media reported Republic of Korea, amid numerous reports that the Ministry of Social Security had of arbitrary detention and gender-based empowered border guards to shoot violence. unauthorized people coming within 1km of the North Korean-Chinese border, as part of BACKGROUND the stricter border security measures to The government reported no cases of prevent COVID-19 infections. COVID-19 during the year. On 24 July, it ordered a lockdown of the city of Kaesong on VIOLENCE AGAINST WOMEN AND GIRLS the border with South Korea, after it More than 70% of North Koreans who left the suspected a man who had returned from country and settled in South Korea since South Korea of being infected with the virus. 2003 were women and girls. Some of these He eventually tested negative for COVID-19. North Korean women told Amnesty The government ended the lockdown on 14 International that sexual and other violence August. against women and girls was common in Relations with South Korea deteriorated. their home country, but the topic was taboo The Inter-Korean liaison office in Kaesong and people often blamed the victim. was closed on 30 January to prevent the Frequently, the women remained silent about spread of COVID-19. In June, authorities such abuses, even when continuing to suffer warned that they would destroy the office, similar treatment after leaving North Korea.

Amnesty International Report 2020/21 273 Reports of North Korean women who were sexually abused by officials in South Korea RIGHTS TO FOOD, WATER AND after their arrival revealed the wider SANITATION phenomenon of continuing violence faced by The UN estimated that half of the country’s women during different stages of their schools and health facilities lacked access to journey. Women and girls were subjected to safe drinking water, sanitation and hygiene. It rape and other forms of gender-based estimated that 10 million people were food violence by human traffickers who facilitated insecure and in urgent need of food their passage out of the country. As North assistance. Nineteen per cent of children Korean women illegally entering China faced suffered from chronic malnutrition, which a high risk of being arrested and forcibly was also linked to diseases arising from repatriated, human traffickers were able to unsafe drinking water and poor sanitation. coerce them into sex work or forced The border closures significantly reduced marriage. The UN reported instances where food imports, causing a surge in grey market women were subjected to physical abuse, food prices. This brought another challenge unnecessary and invasive body searches, or to a poverty-stricken population that other forms of ill-treatment by North Korean depended on these markets for much of its authorities after being arrested in China, food supply. Heavy rains and typhoons in forcibly repatriated, and detained. August and September caused damage to infrastructure and farmland, including where RIGHT TO HEALTH food production was concentrated, increasing A lack of medical supplies, exacerbated by the risk of food shortages. the imposition of UN sanctions since 2017, left the country ill-prepared for public health FREEDOM OF EXPRESSION emergencies, including the COVID-19 The authorities made no improvements in pandemic. According to individuals who allowing information exchange between worked in North Korea’s health sector, the people inside and outside the country. All scarcity of resources prompted the emerging communications continued to be strictly middle class to secure medicines or health controlled, and only a select few from the services in the informal economy, or so-called ruling elite were able to access the internet or “grey markets”. The resulting pay-for-care international mobile phone services. The system for those who could afford it existed general population relied on imported mobile alongside the official system of nominally free phones and data SIM cards available in the medical care.1 The border closure and grey markets to reach people abroad. stricter security measures further interrupted According to people from North Korea who humanitarian aid supplies, legal imports and spoke to Amnesty International, any smuggling of goods into the country, causing communications on these phones were a shortage of medicines in the markets. subject to heavy surveillance and signal Many aid agencies temporarily withdrew jamming by the authorities. Individuals their operations because of health and safety caught using them to communicate with concerns during the COVID-19 pandemic. A people outside the country, especially number of UN agencies and NGOs were concerning COVID-19, could be charged with nonetheless able to obtain exemptions from crimes such as espionage, and faced the risk UN sanctions and managed to bring of arrest, detention and harsh punishment. materials including medicines and personal protective equipment into the country. ARBITRARY ARRESTS AND DETENTIONS The government continued to deny the existence of four known political prison camps, where up to 120,000 people remained detained and subjected to torture,

274 Amnesty International Report 2020/21 forced labour and other ill-treatment, and were selective in enforcing compliance with harsh conditions including inadequate food. curfews and the ban on religious or public Many of them had not been convicted of any gatherings. internationally recognizable criminal offence In April, the government cut NGO funding and were arbitrarily detained solely because by €525,000, compromising their ability to they were related to people who were deliver essential services. Courts barely deemed a threat to the state or for “guilt-by- functioned, making slow progress in association”. Others were detained for prosecuting individuals charged with violating exercising their rights, such as the freedom to COVID-19 restrictions. leave their own country. At least six South Korean nationals were in IMPUNITY custody. Three of them were Legislation in March closed the Special serving life sentences and three were Prosecution Office, created in 2015 with originally North Koreans who had moved to jurisdiction over alleged serious crimes, the South. The authorities denied their rights including human rights violations, by former to access South Korean diplomats, lawyers of government ministers and officials. Over 20 their choice, or their families. unprosecuted cases were transferred to the Public Prosecutor. The trial of the former secret police chief and Interior Minister for 1. North Korea: No COVID-19 cases? Two medical professionals tell their story (News story, 9 July) their involvement in unlawful surveillance continued. In June, former Special Prosecutor Katica Janeva was sentenced to seven years’ imprisonment for abuse of NORTH MACEDONIA office. North Macedonia had not yet ratified the Republic of North Macedonia International Convention for the Protection of Head of state: Stevo Pendarovski Head of government: (until 3 January and All Persons from Enforced Disappearance, from 20 August); Oliver Spasovki (caretaker from 6 signed in February 2007. January, until July elections) DISCRIMINATION Despite the implementation of reforms Discrimination based on ethnicity, religion, identified by the European Commission gender and sexual orientation persisted, often (EC), concerns remained about impunity, fuelled by the pandemic. Hate speech and hate speech, discrimination against women, misinformation on social media often targeted Roma, and LGBTI people. Unlawful Albanian citizens. The Committee for detention and pushbacks of refugees and Human Rights reported an 80% increase in migrants continued. anti-Islamic hate speech before the elections, and in July filed five criminal charges for BACKGROUND spreading hatred. The EC approved the start of accession talks in March, recognizing progress in judicial, Roma policing and security service reform and in Roma suffered discrimination in accessing addressing organized crime and corruption. COVID-19-related financial benefits. Instead In September, the government announced a of government support, vulnerable families media reform programme, which included received occasional humanitarian packages addressing the proliferation of “fake news”. from NGOs and some municipalities. The Following the outbreak of COVID-19, states National Roma Centrum also assisted Roma of emergency were declared from mid-March families required to self-isolate. and lifted in mid-June to enable campaigning In March, nine Roma musicians who had for parliamentary elections in July. The police travelled through Italy in a 200-person

Amnesty International Report 2020/21 275 convoy were quarantined for five days at an taken to Skopje hospital, she had to wait six army barracks on entering North Macedonia, hours for her COVID-19 test result before then released; non-Roma travellers were told admission. By then, the baby had died. to self-isolate at home. REFUGEES, ASYLUM-SEEKERS AND Lesbian, gay, bisexual, transgender and intersex MIGRANTS (LGBTI) people Almost half of the 172 asylum claims lodged In May, the Constitutional Court struck out by the end of June were made by individuals the 2019 Law on Prevention and Protection unlawfully detained as witnesses in against Discrimination, which recognized proceedings against smugglers; one discrimination based on gender identity and applicant was granted temporary protection. sexual orientation, for procedural reasons. In The NGO Macedonian Young Lawyers October, Parliament reinstated the law, but Association reported that by 30 September failed to ensure the independence of the 24,153 refugees and migrants had been Discrimination Commission. In August, the prevented from entering the country or were president of the Tetovo-based NGO LGBT- unlawfully pushed back to Greece. United was assaulted, receiving head and eye injuries.

Women NORWAY Employers failed to implement COVID-19- Kingdom of Norway related measures to assist working parents, Head of state: Harald V disproportionately affecting women, some of Head of government: whom had their wages unlawfully reduced if they took time off. In the textile industry, The government suspended its invasive women were threatened with lay-offs, non- COVID-19 tracing mobile application which renewal of contracts, or – as in Štip, in June – risked the right to privacy. Violence against required to work through a weekend curfew. women remained a serious concern. A The government failed to fully implement consultation took place on a draft law on recommendations from NGOs to protect human rights in business and supply women and children fleeing domestic chains. violence. MASS SURVEILLANCE SEXUAL AND REPRODUCTIVE RIGHTS In April, the government rolled out the mobile During the pandemic, state clinics could not application Smittestopp (“infection stop”) to provide routine sexual health and track possible COVID-19 infections. The reproductive services; the NGO HERA contact tracing app put the right to privacy prioritized services for Roma and other and security of hundreds of thousands of vulnerable women. people at risk. After heavy criticism, the app In March, the CEDAW Committee ordered was suspended and all collected data deleted North Macedonia to provide reparation to six in June.1 pregnant Roma women unlawfully evicted from their homes in the capital, Skopje, in DISCRIMINATION August 2016. Sex-workers’ rights According to the NGO European Roma Public health restrictions introduced on 12 Rights Centre, a Roma woman died in March March to limit the spread of the COVID-19 during a procedure to remove her dead baby. virus curtailed people’s freedom of movement She was twice refused admittance at Ohrid and assembly, including that of sex workers hospital, despite presenting with pain, then (80% of whom are women). Despite being an infection and fever. When she was finally temporarily prohibited from selling sex from

276 Amnesty International Report 2020/21 March until 27 April, sex workers were excluded from, and largely unable to access, 1. Bahrain, Kuwait and Norway contact tracing apps among most dangerous for privacy (News story, 16 June) state-funded emergency financial aid packages. This meant some may have been compelled to continue to sell sex despite the risks. OMAN

Violence against women and girls Sultanate of Oman The number of rape cases reported to the Head of state and government: (replaced Qaboos bin Said Al Said in January) police decreased by 10% between 2018 and 2019 and continued to decrease in 2020. It was not clear whether the decrease was Freedom of expression remained unduly caused by a reduction in the incidents of restricted, including through prosecutions rape, or by a reduced willingness to report of and sentences against individuals for rape. publishing COVID-19-related information In June, the Director of Public deemed “false” by the government. Oman Prosecutions published a report on the amended the Foreign Residency Law, quality of police investigations in rape cases. removing the requirement for foreign The report noted some progress but workers to obtain a “no objection highlighted that in half of the reported rape certificate” from their current employer to cases the lack of a timely and efficient change jobs. Women continued to face investigation was a problem. discrimination in law and practice. Courts handed down death sentences. INTERNATIONAL JUSTICE In May, the Ministry of Justice concluded that BACKGROUND a Rwandan national accused of complicity in Oman continued its “Omanization” drive to the 1994 would not be replace expatriates with Omani nationals in extradited. The accused spent four years in the workforce. custody as the Ministry of Justice had In April, Oman acceded to the previously concluded he could be extradited International Convention against Enforced to Rwanda, but further investigation Disappearance, the UN Convention against concluded two prosecution witnesses were Torture, and the ICESCR. However, it rejected not sufficiently credible. the competence of the UN Committee on Enforced Disappearances and the Committee CORPORATE ACCOUNTABILITY against Torture to receive individual and A public consultation was held on a draft law interstate complaints. The reservation to on human rights in business operations and Article 8 of the ICESCR impinged on the right supply chains. The government was expected of public employees to unionize and strike. to present a proposal for a human rights due diligence law to Parliament before the end of FREEDOM OF EXPRESSION June 2021. The government continued to unduly restrict In April, the UN Committee on Economic, the right to freedom of expression, arresting Social and Cultural Rights (CESCR) noted the and sometimes prosecuting journalists and law but expressed concern, among other online activists. things, about inadequate access to remedies On 1 March, shortly after the first by non-nationals whose rights had allegedly confirmed cases of COVID-19 in Oman, the been violated by Norwegian companies new Sultan Haitham bin Tariq issued a abroad. decree reaffirming the extraordinary powers of the Internal Security Service (ISS) which has an open-ended mandate “to combat

Amnesty International Report 2020/21 277 activities harmful to the Sultanate’s security and stability” and has repeatedly been MIGRANT WORKERS implicated in the arrest of individuals for Migrant workers continued to be tied to their exercising their right to freedom of employers through the kafala (sponsorship) expression. system, under which they depend on their Also in March, the government prohibited employer to enter the country and maintain a the circulation of all printed publications as legal residency status. part of measures adopted to contain In June, Oman Royal Police passed an COVID-19. It announced that several amendment – effective from January 2021 – individuals had been prosecuted and allowing migrant workers to change jobs at sentenced, including publishers and the end of their contracts without the “purveyors of rumours”, for failing to abide by permission of their employers. It was unclear COVID-19 regulations that prohibit whether domestic workers are covered by “spreading false news” or “inciting” against this amendment. Prior to that, migrant the positions taken by state health agencies. workers who moved jobs without the In June, the government established the permission of their employer were banned Cyber Defence Centre led by the head of the from entering the country for two years. Internal Security Service. The Centre was The labour system coupled with migrant afforded sweeping powers including to workers’ insanitary living conditions, inspect internet networks, information including crowded labour accommodation systems and electronic devices of civil, and inequitable access to medical care and military and private institutions. health insurance, put migrant workers in an Also in June, the Ibri Court of First even more vulnerable position and at risk of Instance sentenced Awad al-Sawafi to a infection during the COVID-19 pandemic.1 suspended one-year term of imprisonment, a fine and a ban on social media use for one WOMEN’S RIGHTS year for criticizing government agencies for Discrimination against women continued in “their continuous intimidation of citizens” on law and practice, particularly in matters of Twitter. The Court of Appeals later confirmed divorce, child custody and inheritance. the judgement. During the same month, the Specific legislation to address gender-based Court of First Instance in Muscat, the capital, violence remained absent. Oman maintained sentenced former Shura Council member its reservations on provisions of CEDAW, Salem al-Awfi and journalist Adel al-Kasbi to including Article 9(2) which grants women one year in prison for online comments about equal rights with men with respect to the corruption and justice. They were both nationality of their children; and Article 16 released on bail. In July, the ISS arrested which grants women equal rights in matters activist Ghazi al-Awlaqi for comments he relating to marriage and family relations. made on social media criticizing the authorities for their intimidation of social DEATH PENALTY media users. He was released in September. No new death sentences were reported. On 17 November, the Sultan pardoned Three men and one woman were executed. 390 prisoners, including four of six prisoners of conscience who had received life 1. Oman: Ensure protection of migrant workers in COVID-19 response sentences after unfair trials of Shuhuh people (MDE 20/2166/2020) in 2018 on vague charges related to national security. The same month, police aggressively entered two homes in the town of Khasab, Musandam province, without a warrant and arbitrarily detained several residents for a week.

278 Amnesty International Report 2020/21 August, baffling medical experts, after which PAKISTAN the government relaxed restrictions.

Islamic Republic of Pakistan RIGHT TO HEALTH Head of state: Arif Alvi Frontline health workers Head of government: At the outset of the COVID-19 pandemic, health care facilities faced a severe shortage The crackdown on the media, civil society of PPE. Doctors were photographed attending and the political opposition intensified. to suspected COVID-19 patients wearing Frequent enforced disappearances plastic bags instead of face masks, protective continued; nobody was held accountable. suits and gloves. Between March and July, COVID-19 created new challenges for almost 5,400 health workers were infected economic, social and cultural rights. Health with COVID-19. At least 58 died. Balochistan workers were detained for peacefully police used unnecessary and excessive force exercising their right to freedom of against health workers protesting the lack of expression, and also came under attack at PPE, resources and government support in their place of work. The Supreme Court Quetta, Balochistan province. Some of the blocked efforts to relieve prison protesters were arrested and detained for overcrowding, despite the spread of almost 24 hours. COVID-19 in prisons. Religious minorities There were instances of violence against continued to be prosecuted under health workers by police and members of the blasphemy laws and attacked by non-state public when they were forced to turn patients actors. Violence against women remained away because hospitals were overwhelmed, prevalent. Prime Minister Khan made or when they did not immediately return the encouraging announcements to release bodies of COVID-19 victims to their families women prisoners and criminalize torture but as part of the protocol to control the spread of there was little progress in implementing the disease. They included a doctor who was these measures. The Ministry of Human shot in the legs by a police officer on 17 Rights presided over critical reforms around June, another whose nose was broken by the the death penalty and child abuse. The family member of a COVID-19 patient on 2 National Commission on Human Rights June, and an instance on 29 May where remained defunct. women health workers were forced to lock themselves in a room for their own protection BACKGROUND when their hospital quarters were vandalized For most of the year, the COVID-19 pandemic by angry people. No investigation into the overwhelmed the country’s health attacks was known to have been carried out infrastructure, paralysed educational by the end of the year, and it remained institutions and laid bare existing economic unclear whether the government provided inequalities. The outbreak dominated events additional security to health workers following in Pakistan for most of 2020, as cases surged repeated requests from hospitals. On 6 April, after authorities lifted lockdowns prematurely security forces used excessive force against in a bid to stabilize the economy. Difficulties peacefully protesting doctors in Quetta, in socially isolating meant that daily wage beating them with batons and detaining 53 earners and essential workers, as well as health workers for at least 24 hours. In July, prisoners, refugees, students and others, doctors peacefully protesting the lack of were exposed to greater risks of infection. security were arrested in the region of Azad The country returned to a policy of “smart Jammu and Kashmir. lockdowns” in June, isolating certain districts and areas with a high number of reported cases. Cases started dropping significantly in

Amnesty International Report 2020/21 279 government announced in April it would Prisoners create 60,000 jobs to hire these workers to Prison populations were well over the support its reforestation drive. This was maximum capacity and prisoners were implemented partially. Pakistan’s social particularly vulnerable to contracting security systems remained crippled by a lack COVID-19. The lack of adequate hygiene and of resources; most re-employment sanitation facilities, scarce medical programmes were ad hoc. resources, inconsistent testing and the inability of prisoners to socially distance all RIGHT TO EDUCATION contributed to easy transmission of the virus. The government closed schools and Prison authorities took steps to relieve universities for almost six months to prevent overcrowding. Directives from provincial the spread of COVID-19, forcing classes to courts also allowed for the release of move online. Internet coverage remained prisoners considered especially vulnerable to inadequate, with some 68% of the population the virus. However, shortly after the releases having limited or no access, especially in were ordered the Supreme Court intervened, remote areas. This negatively affected the citing a technicality, and the prisoners were right to education of many students who were re-arrested. By September, at least 1,800 unable to join classes because of a lack of prisoners had tested positive for COVID-19 in equipment or limited internet access. prisons around the country. The true number Students in the city of Quetta protested, was probably higher, since insufficient calling for equal internet access to be able to numbers of tests were conducted. continue their education. At least 24 students On 2 September, the Prime Minister were beaten and detained by police officers. ordered officials to implement a Supreme Video footage showed that those conducting Court decision to release women prisoners the arrests were not wearing PPE or who were under trial, convicted of minor maintaining physical distance, increasing the offences or had served most of their term. risk of spreading COVID-19. However, by the end of the year no list of women prisoners had been prepared for ENFORCED DISAPPEARANCES release and the government had not issued The use of enforced disappearances to any special notification to facilitate the punish dissent became more public and process. widespread, with people being abducted by intelligence agencies in broad daylight from DISCRIMINATION urban centres. In previous years the victims Amid the economic impact of the pandemic, of enforced disappearances included human there was a surge in charity drives to help rights defenders, political activists, students support those who had lost their livelihoods. and journalists who were rarely well-known Despite this, members of the persecuted outside their communities. However, in July a Ahmadiyya community were reportedly vocal critic of the government, Matiullah Jan, denied alms and donations on account of was apprehended by armed men in the their faith. Calls were circulated on social federal capital, Islamabad. Security cameras media by religious organizations asking captured the abduction and the footage was charities to ensure that Ahmadis did not published online. It provoked a strong receive food supplies or other essentials. backlash against the perpetrators and Matiullah Jan was released 24 hours later. WORKERS’ RIGHTS In June, the Ministry of Defence admitted The closure of factories producing non- to having held human rights defender and essential items, disruptions in supply chains former Amnesty International consultant Idris and travel restrictions resulted in tens of Khattak in their custody since he was thousands of workers being laid off. The subjected to enforced disappearence by

280 Amnesty International Report 2020/21 armed men on 13 November 2019. Despite instead, the same pattern of intimidation and the public admission that he was in military harassment was perpetuated in statements custody there was no accountability for the from its parliamentarians. perpetrators, underscoring the culture of Ahmed Noorani, a journalist who had impunity around enforced disappearances. previously been violently attacked in 2017, Multiple directives from the provincial high allegedly by intelligence agents, was targeted court to produce him were ignored. The Joint in a vicious online campaign after he Investigation Team assembled to investigate published a story in August investigating the the case was dissolved as Idris Khattak was businesses of a top aide to the Prime Minister no longer considered a missing person, even and former army official. though his whereabouts were not disclosed. In September, journalist Bilal Farooqi was In September, Sajid Gondal, a former arrested and detained for social media posts journalist and member of the Securities and about an anti-Shi’a demonstration in the city Exchange Commission of Pakistan, was of Karachi. He was arrested under the reported missing after his car was discovered draconian Pakistan Electronic Crimes Act. in a suburb of Islamabad. He had recently Mir Shakil ur Rahman, editor and founder been linked with an investigation by another of the Jang Media Group – Pakistan’s largest journalist into corruption allegations against a media conglomerate – was placed in pre-trial top aide to the Prime Minister. He was detention in March on charges related to a returned five days later. property transaction that had taken place There was no progress towards more than three decades previously. The criminalizing enforced disappearances, an trumped-up allegations were seen as election promise of the ruling government. reprisals for his media group’s critical The Minister for Human Rights, Shireen coverage of the government’s “anti- Mazari, tweeted in September that in her corruption” drive. conversations with the Prime Minister, he had found the practice “unacceptable”. VIOLENCE AGAINST WOMEN AND GIRLS The slogan “my body, my choice” became FREEDOM OF EXPRESSION the rallying cry for the growing women’s The authorities tightened their control on the movement in Pakistan. In February, as media, and media workers reported preparations were underway to hold the third increased coercion and censorship. In an annual Aurat (Women’s) March, a provincial interview in September, the Prime Minister court was petitioned by a lawyer to ban the denied there was a press crackdown and event. The court ruled such a ban to be said that he did not mind criticism. However, unconstitutional. Following the ruling, a journalists who published critical pieces were religious political party accused the Aurat subjected to harassment, intimidation, March of “vulgarity” and called on its workers censorship and even arrest. to block it and be prepared for “any sacrifice” In a joint statement published on 12 should the government provide security to August, at least 16 women journalists the marchers. Peaceful protesters in reported being systematically harassed and Islamabad were pelted with stones. Despite threatened with violence by the social media the threat level to the Aurat March, the team of the ruling party, particularly when authorities failed to put in place adequate their journalism was not favourable towards security measures. the government. They noted that this had In September, the gang rape of a woman affected their ability to work and to express on a motorway in front of her sons caused a themselves without fear. The number of national outcry, with protests taking place signatories to the women’s statement grew to across the country demanding the 161 in one month. The ruling party failed to resignation of a high-ranking police official renounce such attacks or online abuse; who stated the attack was the victim’s fault.

Amnesty International Report 2020/21 281 The incident triggered public calls for harsh punishments for perpetrators, including PALESTINE (STATE chemical castration and public . Civil society groups responded with pushbacks and the media underscored the OF) inefficacy of such steps to curb violence against women and girls. Head of state: Mahmoud Abbas The passage of the Zainab Alert Bill was a Head of government: Mohammed Shtayyeh rare success. The law aimed at expediting procedures and allowing for better co- ordination between various government The Palestinian authorities in the West institutions to recover missing and abducted Bank and the de facto children. administration in the Gaza Strip continued Hundreds of cases of violence against to crack down on dissent, including by women and girls were reported throughout stifling freedoms of expression and the year. Few, if any, perpetrators were held assembly, attacking journalists and to account. detaining opponents. Security forces in both areas used unnecessary and/or FREEDOM OF RELIGION AND BELIEF excessive force during law enforcement In July, authorities in Islamabad bowed to activities, including when imposing pressure from a discriminatory campaign lockdown measures in response to the mounted by politicians, media outlets and COVID-19 pandemic. Torture and other ill- clerics to halt the construction of the first treatment of detainees were committed with Hindu temple and community centre in the impunity. Women faced discrimination and capital. The boundary wall of the construction violence, including killings as a result of site was torn down by a mob. gender-based violence. Lesbian, gay, While vague and broad blasphemy laws bisexual, transgender and intersex (LGBTI) had been used in previous years to target the people continued to face discrimination and most marginalized people in society, in 2020 lacked protection. In the West Bank, their application widened to include artists, authorities made widespread use of human rights defenders and journalists. administrative detention without charge or In July, Tahir Ahmed, a 54-year-old man trial. In Gaza, civilians continued to be tried with mental disabilities, was fatally shot in before military courts. Courts in Gaza court by a young man who had come to handed down death sentences. Palestinian observe his hearing on blasphemy charges. armed groups in Gaza occasionally fired In August, police filed a case against rockets indiscriminately into Israel. Two female actor Saba Qamar and male singer Israeli civilians were killed after lone Bilal Saeed for recording a music video in a attacks by Palestinian individuals. mosque. The clip was released online and led to large protests in the city of Lahore BACKGROUND during which the leaders of religious party The two major political factions – which Tehreek-i-Labbaik Pakistan threatened runs the authorities in the West Bank, and “vengeance” against the artists. Hamas which runs the de facto In August police filed a case against administration in Gaza – remained split. journalist and human rights defender Marvi On 15 January, President Abbas Sirmed under the blasphemy laws for a tweet announced the postponement of she posted. parliamentary elections until further notice, citing Israel’s refusal to allow elections in East Jerusalem. Both authorities introduced emergency regulations in response to

282 Amnesty International Report 2020/21 COVID-19 in areas under their control. In The Independent Commission for Human March, the Palestinian authorities in the West Rights (ICHR), the Palestinian national Bank imposed lockdown measures, human rights institution, recorded 37 significantly restricting freedom of movement, incidents of violations of freedom of easing some of the restrictions after a few expression, freedom of assembly, and months. freedom of the press: 21 in the West Bank People in Gaza grappled with the virus and 16 in Gaza. The ICHR also recorded 158 while under an Israeli air, sea and land cases in the West Bank and 118 in Gaza of blockade, in force since 2007, which further the arbitrary arrests of opponents and critics. threatened the fragile health care system. In The Palestinian Centre for Development and September, the authorities in the Gaza Strip Media Freedoms recorded 97 incidents of imposed lockdown measures after a attacks against journalists, including arbitrary significant COVID-19 outbreak. Egypt arrests, ill-treatment during interrogation, continued to enforce an almost total closure confiscation of equipment, physical assaults of the Rafah border crossing with Gaza. Qatar and bans on reporting: 36 in the West Bank transferred cash into the Gaza Strip in co- and 61 in Gaza. ordination with Israel to pay public sector On 9 April, authorities in Gaza arrested employees. activist Rami Aman, a resident of al-Rimal On 17 November, the Palestinian neighbourhood in , and seven authorities in the West Bank announced that others after they held a video call on 6 April they would resume security and civil co- with a group of . While five were ordination with Israel, suspended since May, released, Rami Aman and two other activists in response to Israel’s plans to annex parts of were tried in a military court on charges the West Bank. During the suspension, the related to treason under the Palestinian Palestinian authorities did not facilitate Liberation Organization (PLO) Revolutionary permits, including for medical patients to Penal Code of 1979. On 17 September, Rami transfer from the Occupied Palestinian Aman was convicted and sentenced to one Territories into Israel, and stopped submitting year in prison, while the two others were documents as proof of identity to the Israeli- deemed to have served their time. On 26 controlled population registry. The Palestinian October, the Permanent Military Court in authorities also stopped accepting the tax Gaza issued a decision to release all three on collected by Israel on their behalf – about grounds of time already served in detention. 80% of their revenue – forcing them to slash Between 11 and 25 June, authorities in the salaries of tens of thousands of public Gaza arbitrarily arrested more than 50 Fatah- sector employees, including health workers. affiliated activists in relation to their plans to Palestinian judges and civil society actors organize demonstrations to mark the 14th continued to protest against what they anniversary of the in-fighting between Fatah deemed to be significant executive and Hamas. The Palestinian Centre for interference in the judiciary and called on Human Rights reported that most of the President Abbas to repeal laws by decree activists said they were tortured and issued on judicial affairs. otherwise ill-treated in detention. None of the detained was charged and all were REPRESSION OF DISSENT subsequently released. The authorities in the West Bank and Gaza On 19 July, authorities in the West Bank repressed dissent by arbitrarily arresting tens arrested 19 anti-corruption activists for of peaceful demonstrators, opponents, holding a peaceful protest in the city of critics, journalists and human rights Ramallah, which breached an overly broad activists.1 In some cases, authorities used COVID-19 ban on assembly. While three were emergency COVID-19 regulations to stifle released, 16 were charged with “illegal freedom of expression and assembly. gathering” and “violating the emergency

Amnesty International Report 2020/21 283 rules”. All were released on bail; their trial complaints of torture in the West Bank and continued. 51 in Gaza. On 9 June, the General Intelligence EXCESSIVE USE OF FORCE Service in Ramallah arrested activist Security forces in the West Bank and Gaza Mohammed Jaber after he reported following used excessive force during law enforcement a summons. He said that interrogators had activities, including when enforcing lockdown put him in stress positions including by measures in response to COVID-19. Judicial forcing him into a small wooden cabinet for authorities failed to effectively investigate prolonged periods. He was then kept in a one these acts. square metre solitary cell for 13 days until his On 18 June, security forces in Gaza release on 21 June. assaulted members of the Wishah family in al-Bureij refugee camp in the centre of the VIOLENCE AGAINST WOMEN AND GIRLS Gaza Strip when they tried to block the Women and girls faced discrimination in law authorities from demolishing a structure that and practice and were inadequately belonged to the family to open a new road. protected against sexual and other gender- According to the Al Mezan Center for Human based violence, including so-called honour Rights, security forces injured Handoumeh killings. Nineteen women died in the West Wishah, aged 90, and two of her daughters, Bank and 18 in Gaza as a result of gender- all of whom needed hospital treatment. based violence, according to the Women's On 24 June, plain-clothed Palestinian Center for Legal Aid and Counselling security forces shot dead Alaa al-Amouri from (WCLAC). the West Bank town of al-Ezariyeh during an On 28 July, Razan Moqbel was killed near operation to implement a judicial decision to the Beitunia industrial zone, west of seize a rented property from the tenants. The Ramallah. Security forces arrested her fiancé forces opened fire when members of the al- the next day and the case was referred to the Amouri family tried to prevent the arrest of Public Prosecution to carry out an Alaa al-Amouri and his two brothers. investigation. On 3 August, the two families According to the ICHR, Alaa al-Amouri was reached an agreement to drop the case in shot in the abdomen. At least three other exchange for the family of her fiancé paying family members sustained bullet wounds. about NIS487,000 (approximately The Palestinian authorities announced that US$150,000). The Palestinian authorities did they would open an investigation. not comment about the agreement which On 25 July, Palestinian security forces shot sparked a public outcry at the use of tribal and killed Imad Dweikat in the Balata customs in a criminal case of femicide. Refugee Camp in the West Bank city of , when he tried to stop the arrest of a RIGHT TO A FAIR TRIAL shop owner during a police operation to close Palestinian authorities in the West Bank shops that had opened in contravention of continued to use a 1954 law to the lockdown measures. According to the administratively detain dozens of people for ICHR, Imad Dweikat did not pose a threat. up to six months on the order of a regional The Ramallah-based authorities announced governor, many on political grounds, they would open an investigation. according to Palestinian human rights organizations. These detentions require no TORTURE AND OTHER ILL-TREATMENT charges to be brought and lack due process. Palestinian security forces in the West Bank The ICHR documented 43 such cases in and Gaza routinely used torture and other ill- 2020. treatment with impunity. Between January Authorities in Gaza continued to try and November, the ICHR received 95 civilians before military courts.

284 Amnesty International Report 2020/21 LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PAPUA NEW PEOPLE The civil society organization alQaws for GUINEA Sexual and Gender Diversity in Palestinian Independent State of Papua New Guinea Society reported that LGBTI people continued Head of state: Elizabeth II, represented by Robert to be denied the freedom to exercise their Dadae rights, even though consensual same-sex Head of government: relationships are not criminalized in the West Bank. Meanwhile, Section 152 of the Penal Code applicable in Gaza criminalizes A state of emergency remained in place due consensual same-sex sexual activity and to the COVID-19 pandemic. The authorities makes it punishable by up to 10 years’ continued to restrict the right to freedom of imprisonment. expression and intimidate journalists. Dozens of people were killed in inter- DEATH PENALTY communal violence. Women continued to Neither of the Palestinian authorities took any experience high rates of gender-based steps to translate the State of Palestine’s violence. commitments under the Second Optional Protocol to the ICCPR to abolish the death BACKGROUND penalty. The government declared a state of In Gaza, Hamas-administered courts emergency after its first confirmed case of continued to sentence people to death and to COVID-19 in March but replaced it in June carry out executions. with the National Pandemic Act 2020. This act continued to raise concerns regarding ABUSES BY ARMED GROUPS parliamentary oversight and will expire only Palestinian armed groups in Gaza when the Prime Minister declares the occasionally fired rockets indiscriminately pandemic or health emergency over. At the into Israel, injuring at least 27 Israelis, start of the pandemic the country closed its according to the United Nations Office for the borders to people from all Asian countries, Coordination of Humanitarian Affairs (OCHA). not limited to those with confirmed cases of The Hamas authorities failed to investigate or COVID-19. This left some Papua New prosecute those responsible and occasionally Guinean students stranded in the allowed groups to launch incendiary kites Philippines. Emergency regulations gave and balloons into Israel. government officials wide-ranging powers to Most of the Palestinians responsible for restrict the freedoms of movement and stabbing, shooting and other attacks on expression and impose quarantines. There Israelis in the West Bank and Israel, which were some reports of excessive force by killed two Israeli civilians during the year, police implementing the restrictions. were not members of Palestinian armed Only around a third of the population had groups. However, these groups often praised access to electricity, and only 41% had such attacks. access to safe drinking water. COVID-19 restrictions and lockdowns negatively impacted food supplies and increased the 1. Palestine: End arbitrary detention of critics in West Bank and Gaza (Press release, 7 May) cost of food. At year’s end, parliament had not yet enacted laws to give effect to Bougainville’s vote for independence from Papua New

Amnesty International Report 2020/21 285 Guinea in 2019. Bougainville remained who worked in the informal sector, which governed as an autonomous region. disproportionately impacted on women. High rates of poverty and the presence of FREEDOMS OF EXPRESSION AND other chronic illnesses, combined with ASSEMBLY limited access to health care, compounded In April, the Minister for Police criticized two the situation for those who developed journalists and called for their dismissal after COVID-19. they reported on public spending of COVID-19-related funds. The emergency Health workers regulations included fines and imprisonment In March, 600 nurses went on strike due to for vaguely defined acts such as spreading concerns about the lack of safe and healthy “misleading information” and could working conditions. As of 21 December, unreasonably limit the right to freedom of Papua New Guinea had recorded 761 cases expression.1 of COVID-19 and eight confirmed deaths. The most affected provinces were Western REFUGEES AND ASYLUM-SEEKERS (bordering Indonesia) and Central (around By March, only four refugees and asylum- Port Moresby). At least one health care seekers remained on Manus Island, with all worker died, and early outbreaks occurred in others sent to the capital, Port Moresby. The hospitals and a testing clinic. Medical remaining 18 out of 53 men who were professionals reported limited availability of detained at Bomana detention centre were appropriate personal protective equipment. released by 23 January as reports of poor conditions emerged. FAILURE TO PREVENT COMMUNAL VIOLENCE GENDER-BASED VIOLENCE Ten people, including three children, were Women and girls killed in Porgera in March, after a policeman Sexual and other gender-based violence was killed in January. Police expressed experienced by women and girls continued, concerns that these were retaliatory attacks with inadequate resources dedicated to as a result of killings in 2019. In July, 24 addressing the issue. Women and children people in Hela Province, including two were at risk of physical and sexual violence pregnant women, were killed during three from intimate partners, family members and days of violent clashes between local their communities, including as a result of communities. It was not clear what prompted accusations of sorcery. Women and girls had these attacks, but the lack of adequate limited access to sexual and reproductive policing was a factor in increased communal health care services and abortion remained violence. criminalized. ENVIRONMENTAL DEGRADATION Sex workers In September, more than 150 residents of Sex work and consensual same-sex sexual Bougainville filed a complaint against activity between adults remained Australian mining company Rio Tinto in criminalized. In September, a sex worker in Australia, seeking reparations for alleged Port Moresby was gang-raped and beaten, environmental damage caused by the prompting calls for stronger protection of sex operation of the Panguna copper and gold workers from violence. mine between 1972 and 1989. RIGHT TO HEALTH 1. Pacific countries must not use COVID-19 to regress on human rights As part of the COVID-19 response, the (Public statement, 15 April) government offered little assistance to those

286 Amnesty International Report 2020/21 PARAGUAY TORTURE AND OTHER ILL-TREATMENT Between March and June, the authorities Republic of Paraguay deployed 24,000 police officers and at least Head of state and government: Mario Abdo Benítez 3,000 military personnel to, among other things, enforce COVID-19 lockdown There were allegations of torture and other measures and patrol borders. There were ill-treatment in the context of policies several reports of ill-treatment and implemented in response to the COVID-19 humiliating or degrading punishment inflicted pandemic. Indigenous Peoples continued to by members of the security forces enforcing be overlooked in public policies, as did lockdown measures.3 their rights to territory. Children and On 15 and 16 July, a military operation in adolescents continued to face obstacles in the town of Ciudad del Este designed to accessing their rights, including their right enforce lockdown measures resulted in a to protection from sexual abuse and access shooting incident in which a member of the to comprehensive sexuality education from Navy was killed. Another operation followed, the state. A new anti-discrimination law and apparently in retaliation for the death of the criminal complaints against the treatment marine, which resulted in the detention of 35 of LGBTI people made no progress in the people and allegations of torture and other ill- year. Human rights defenders continued to treatment at a naval base. The authorities lack an official protection mechanism. opened an investigation into the incident, but by the end of the year no official had been RIGHT TO HEALTH charged. In April, the authorities placed thousands of people, mostly Paraguayans returning after UNLAWFUL KILLINGS losing their jobs in the informal sector in On 2 September, two 11-year-old girls of Brazil, in mandatory government-run Argentine nationality died during an operation quarantine centres. Early on, reports of by the Joint Task Force (FTC) in the inadequate conditions, including lack of department of Concepción. The FTC initially robust information about procedures, alleged they had killed members of the inadequate staffing, insufficient sanitary Paraguayan People’s Army, an armed supplies and food were particularly opposition group. However, evidence concerning. Some of these health and food emerged that the people killed were girls, and concerns improved over time.1 the prosecutor’s investigation contained The health system proved precarious and several flaws in its forensic handling of the poorly prepared to address COVID-19 and bodies, as well as a failure to comply fully other diseases. Several allegations of with the Minnesota Protocol on the corruption in relation to public purchases of Investigation of Potentially Unlawful Death medical supplies were under investigation at during the investigation of the deaths. the end of the year. INDIGENOUS PEOPLES’ RIGHTS Health workers In compliance with an Inter-American Court Health workers reported that they did not of Human Rights ruling, an expropriation law have sufficient personal protection was passed in 2019 to allow the construction equipment or adequate working conditions to of a road for the Yakye Axa community to enable them to work in a safe environment access their lands. However, the law had during the COVID-19 pandemic.2 technical flaws and was amended and promulgated by the Executive on 9 September. Construction of the road resumed in September.

Amnesty International Report 2020/21 287 Lands were not returned to the Tekoha In December, the Senate approved a Sauce community of the Avá Guaraní People, declaration that recognized the work of who had been evicted on two occasions in human rights defenders to be “of national previous years, one of them to permit the interest”. construction of a hydroelectric power plant in Itaipú. A legal action for eviction of the RIGHTS OF CHILDREN AND community, filed by the bi-national (Brazilian/ ADOLESCENTS Paraguayan) Itaipú company in 2019, The authorities did not implement sufficient remained active throughout 2020, posing a and effective measures to prevent, identify threat to the Avá Guaraní People’s human and address cases of sexual exploitation and rights. abuse of children. The Public Prosecutor’s During the COVID-19 pandemic, the Office registered 1,877 reports of sexual authorities did not implement sufficient and abuse of children in the first nine months of culturally relevant measures for Indigenous the year. Peoples. They also failed to mitigate The authorities fell short of guaranteeing Indigenous Peoples’ lack of access to food, the sexual and reproductive rights of water and medicine in a comprehensive adolescents. As of August, the Ministry of manner. Health registered 339 births to girls aged between 10 and 14 and 9,382 births to RIGHTS OF LESBIAN, GAY, BISEXUAL, adolescents aged between 15 and 19. TRANSGENDER AND INTERSEX (LGBTI) Anti-rights groups harshly questioned the PEOPLE National Plan for Children and Adolescents There was no progress during the year in (2020-2024), which includes objectives on criminal complaints relating to attacks against sexual abuse, prevention of violence, and LGBTI people during a 2019 Pride march in comprehensive sexuality education. In the city of Hernandarias. The municipality of December, following criticism from anti-rights Hernandarias had banned the march for groups, the Chamber of Deputies ordered the being “contrary to public morality”. There Minister for Children and Adolescents was also no progress in the constitutional (SNNA) to appear for questioning in challenge presented by Amnesty Congress. International in October 2019 against this and another resolution declaring the city WOMEN’S RIGHTS “pro-life and pro-family”, both decisions of The judiciary did not guarantee the right to the municipality of Hernandarias. due process or ensure a gender perspective A bill against all forms of discrimination, in cases of sexual harassment of women. The presented in 2015, made no progress during case of Alexa Torres, a young woman the year. harassed by a priest, came to trial in 2020. Even though the tribunal acknowledged her HUMAN RIGHTS DEFENDERS account of the facts as true, the judges ruled Paraguay had yet to ratify the Regional that it did not constitute harassment and Agreement on Access to Information, Public dismissed the complaint in favour of the Participation and Justice on Environmental priest. In December, an appeals court Matters in Latin America and the Caribbean overturned the ruling and ordered a new trial. (the Escazú Agreement), which includes strong protections for Indigenous Peoples 1. When protection becomes repression: Mandatory quarantines under and for environmental defenders. The COVID-19 in the Americas (AMR 01/2991/2020) authorities also did not establish a 2. The cost of curing: Health workers’ rights in the Americas during mechanism for the protection of human COVID-19 and beyond (AMR 01/2311/2020) rights defenders, nor did they disseminate the Declaration on Human Rights Defenders.

288 Amnesty International Report 2020/21 3. Américas: Las Autoridades deben proteger a la población del mandatory measures implemented to deal COVID-19 en lugar de recurrir a medidas represivas (Press release, with the pandemic had a particularly strong 16 May) impact on livelihoods. On 9 November, Congress voted to remove Martín Vizcarra from the Presidency due to PERU allegations of corruption. A series of demonstrations protested against the actions Republic of Peru of Congress. These intensified on 10 Head of state and government: Francisco Rafael November during the inauguration of Manuel Sagasti Hochhausler (replaced Manuel Arturo Merino Merino as President and continued until his de Lama on 17 November, who replaced Martín Vizcarra Cornejo on 10 November) resignation on 15 November. On 17 November, Congressman Francisco Sagasti was sworn in as President. The COVID-19 pandemic exposed shortcomings regarding access to the right EXCESSIVE USE OF FORCE to health in Peru. Inequality in access to a In March, Congress passed the Police fragmented and underfunded health Protection Law which, among other system, coupled with a lack of protection provisions, establishes a presumption in for health workers, contributed to Peru favour of the police about the reasonableness remaining among the 10 countries with the of the use of lethal force. There were calls for highest per capita death rate in the world. the President to repeal the law as it violates People and communities exposed to toxic international human rights law and could metals and other toxic substances pave the way for impunity and excessive use continued to demand public policies to of force by the National Police,1 particularly ensure medical care. The state failed to after the November protests. respond effectively to continuing high rates The National Police responded to the of violence against women and girls. The protests in November against the lives of human rights defenders remained at impeachment of President Vizcarra using serious risk due to lack of effective excessive and unnecessary force, which protection by the state and of successful resulted in the death of two young men, Jack criminal investigations into attacks and Bryan Pintado Sánchez and Jordan Inti threats against them. Peru experienced a Sotelo Camargo, on 14 November and the political, social and human rights crisis injury of more than 200 others. Human rights following the impeachment of the then organizations reported that police fired President, Martín Vizcarra, in November. ammunition and tear gas at peaceful demonstrators and beat or otherwise violently BACKGROUND subdued people. Plainclothes police officers A new Congress was elected in January. The who refused to identify themselves arbitrarily country reported its first cases of COVID-19 arrested people, including a human rights in March and the President declared a state defender. There were also reports of ill- of emergency. Supreme decrees and treatment by the security forces, including of subsequent laws established mandatory stay- people who were reported missing. Criminal at-home orders, among other economic and investigations into the deaths and injuries social measures to deal with the pandemic. were continuing at the end of the year. As of 31 December, the Ministry of Health had reported 1,017,199 confirmed cases of FREEDOMS OF EXPRESSION AND COVID-19 and 37,724 related deaths. ASSEMBLY According to the National Statistics During December, workers from the agro- Institute, the informal employment rate in export sector held protests calling for better Peru was 72.6%. In this context, the salaries, benefits and working conditions.

Amnesty International Report 2020/21 289 Protesters blocked major highways, Although significant progress had been demanding that the government repeal the made in developing a Special Multisectoral Law for the Promotion of Agriculture and Plan for those exposed to toxic metals, the issue a new regulation. The Office of the National Platform of Persons Affected by Ombudsperson reported incidents of violence Toxic Metals continued to demand public during the protests. Human rights policies to ensure medical care for those organizations indicated that police repression affected. of the protests resulted in three deaths and several injuries. The Minister of the Interior INDIGENOUS PEOPLES’ RIGHTS announced an internal investigation into the The virus quickly reached the territories of incidents and affirmed his willingness to Indigenous Peoples and the state response cooperate with criminal investigations. was inadequate; health policies were introduced very late, lacked an intercultural HUMAN RIGHTS DEFENDERS approach and did not involve Indigenous The lives and physical integrity of human Peoples in their design or implementation. rights defenders remained at serious risk. On 31 December, the Ministry of Health Despite a protection protocol, protection reported 28,592 confirmed cases and 159 measures remained insufficient and human deaths related to COVID-19 among rights defenders continued to be attacked Indigenous Peoples. and killed. The Office of the Ombudsperson reported WOMEN’S RIGHTS in September that five defenders of the land, In July, Law 31030, which guarantees parity territory and environment had been killed in and gender alternation on lists of candidates the first nine months of the year. for general elections, was approved. The law On 11 September, human rights defender stipulates that at least 50% of each party’s Roberto Carlos Pacheco was shot dead by candidates for election to Congress must be unidentified attackers. He had received death women. threats since 2012 linked to his activism against illegal mining in the Tambopata VIOLENCE AGAINST WOMEN AND GIRLS Reserve, Madre de Dios region, in the According to the Ministry of the Interior Amazon. By the end of the year, no one had Registry of Disappeared Persons, 10,685 been brought to justice for the killing and women were reported missing between measures to protect the Pacheco family January and November. According to the remained inadequate.2 Ministry of Women and Vulnerable Peru had yet to ratify the Regional Populations, between January and November Agreement on Access to Information, Public gender-based violence hotlines received Participation and Justice in Environmental 171,631 calls from women, compared to Matters in Latin America and the Caribbean 88,399 during the same period in 2019, and (the Escazú Agreement). 121 women were victims of femicide. In June, the Ombudsperson's Office stated RIGHT TO HEALTH that there were cases in which emergency By the end of the year, the Peruvian Medical kits, containing emergency medication and Association had reported 11,856 confirmed tests, approved by the Ministry of Health for cases of doctors with COVID-19 and 256 victims of sexual violence were not being deaths related to the virus. In December, the provided to girls and women during the Peruvian Nurses Association reported 87 pandemic. deaths related to the virus. Health workers’ unions believed that many infections were due to a lack of personal protective equipment.

290 Amnesty International Report 2020/21 Extrajudicial executions and other human RIGHTS OF LESBIAN, GAY, BISEXUAL, rights violations continued under the TRANSGENDER AND INTERSEX government’s “war on drugs”. Human rights (LGBTI) PEOPLE defenders and political activists were killed, More than two years after it was presented in harassed, detained and unjustly charged. Congress, a bill to recognize same-sex Media freedom was unduly curtailed and marriage had yet to be approved. dangerous anti-terror legislation was Transgender people continued to be passed. Various groups condemned the denied social and legal recognition of their government’s heavy-handed approach to the gender identity, affecting their rights to work, COVID-19 pandemic. President Duterte housing, freedom of movement, education renewed his call on Congress to reinstate and health, among others. the death penalty. The Ministry of Justice issued a resolution recognizing same-sex couples for the BACKGROUND purpose of granting economic benefits to Measures taken by the government to curb those whose partners were health workers the spread of COVID-19 led to numerous who died due to COVID-19. abuses of human rights. President Duterte ordered security forces and local government RIGHTS OF REFUGEES, ASYLUM- officials to “shoot dead” those causing SEEKERS AND MIGRANTS “trouble” during community quarantine.1 The closure of borders to curb the spread of Local officials faced charges for locking COVID-19 meant migrants and asylum- people in dog cages for alleged violations of seekers resorted to using irregular routes, the quarantine. putting them at risk of violence and The UN Human Rights Council (UNHRC) trafficking, particularly women and children. adopted a resolution to provide technical For several months it was not possible to assistance and capacity building to the apply for asylum because the government government. The resolution fell short of calls office responsible was closed and on-line for stronger action to address ongoing applications were suspended. violations in the country. During the pandemic, migrants, asylum- seekers and refugees, mainly Venezuelans, EXTRAJUDICIAL EXECUTIONS AND did not receive any financial support to IMPUNITY enable them to comply with stay-at-home Killings and other human rights violations measures. Some were evicted from their continued under the government’s “war on homes in circumstances that denied them drugs”. On several occasions, President their rights to health and housing. Duterte incited violence against people suspected of using or selling drugs, while promising to protect those who kill them.2 1. Peru: State must immediately repeal law that sends a wrong message of impunity for possible police abuses amidst the COVID-19 Reports of killings increased in cities where emergency (Article, 30 March) police chiefs who had previously overseen 2. Peru: Murdered defender’s family still in danger (AMR 46/3303/2020) abusive operations were appointed. Based on government data, police killed at least 155 people from April to July, compared to 103 people from December 2019 to March. PHILIPPINES Killings by unknown individuals, many with Republic of the Philippines suspected links to the police, continued. Head of state and government: Rodrigo Roa Duterte Victims were overwhelmingly poor. Vice President Leni Robredo released a report in January countering government information on the “war on drugs”. She

Amnesty International Report 2020/21 291 stated that government efforts targeted In July, President Duterte signed into law people who use or sell small amounts of illicit Republic Act 11479 (Anti-Terrorism Act of drugs and called on the government to end 2020).6 Human rights groups criticized the its deadly approach known as Oplan Tokhang new law for contravening international (“Operation Knock and Plead”), prosecute standards and granting the government those involved in drug trafficking, and unchecked powers to detain perceived improve its collection and interpretation of enemies of the state. Over 30 petitions drug-related data.3 challenging its constitutionality were pending In June, the UN Human Rights Office before the Supreme Court at year’s end. released a report detailing extrajudicial On 10 August, activist and peace advocate executions and attacks against human rights Randall Echanis and his neighbour were defenders, political activists and the media, killed in Metro Manila.7 A week later, human among other violations. rights defender Zara Alvarez was shot dead in In July, the government announced the Bacolod City.8 Echanis and Alvarez were establishment of an inter-agency panel to branded as “terrorists” in a 2018 government “review” cases of drug-related killings by the list. Other human rights defenders and police. Human rights groups said the panel political activists were arbitrarily detained and was formed to shield the government from faced increased threats and harassment after international scrutiny. the government “red-tagged” or linked them Despite repeated calls for an international to communist armed groups. investigation, the UNHRC adopted in October In October, police treatment of detained a resolution providing technical assistance activist Reina Mae Nasino attending the and capacity-building to the government. The funeral of her three-month-old baby sparked resolution required the UN Human Rights public outrage. Office to continue to provide the UNHRC with On 10 December, police arrested journalist updates over the next two years.4 Lady Ann Salem and six trade unionists In December, the International Criminal during raids in Metro Manila on charges of Court stated crimes were committed in the illegal possession of firearms and explosives. “war on drugs”, adding that it expected to Human rights groups claimed the charges decide in 2021 whether or not to open an were fabricated. investigation. On 30 December, police killed nine people and arrested 17 in Capiz and Iloilo provinces. REPRESSION OF DISSENT Local groups said they were from an In February, prisoner of conscience Senator Indigenous community defending their land Leila de Lima marked her third year in while police claimed they were members of detention on politically motivated charges the New Peoples Army and that the nine after she sought to investigate drug-related were killed after resisting arrest. killings.5 Also in February, a court issued arrest warrants against former Senator and FREEDOM OF EXPRESSION critic of the “war on drugs” Antonio Trillanes In May, unidentified assailants shot dead IV, activist priest Fr. Flaviano “Flavie” radio broadcaster and anti-corruption critic Villanueva and nine others on charges of Cornelio Pepino in Dumaguete City. His conspiracy to commit sedition. Five activists murder was the first in a string of killings in were arrested in raids by security forces in Negros Oriental over nine days that left six Tacloban City. others dead. In March, a court issued arrest warrants In June, Maria Ressa, Chief Executive for perjury against activists seeking court Officer of news website Rappler, and former protection after the Philippine military tagged Rappler researcher Reynaldo Santos Jr. were them as “terrorists”. convicted of cyber libel.9 A month later, Congress denied the franchise renewal of

292 Amnesty International Report 2020/21 broadcast media network ABS-CBN.10 Both including for drug-related crimes. At least 24 Rappler and ABS-CBN produced reports bills reintroducing the death penalty were highlighting killings and other violations pending at year’s end. under the “war on drugs”. In December, Maria Ressa was charged for a second time LESBIAN, GAY, BISEXUAL, for cyber libel after sharing a tweet. TRANSGENDER AND INTERSEX (LGBTI) PEOPLE FREEDOMS OF ASSEMBLY AND In February, Makati City police sparked an ASSOCIATION outcry after “profiling” 67 individuals as part Violations of the right to freedom of assembly of its “Oplan X-Men” targeting transgender occurred amid the COVID-19 pandemic. In women. April, police violently dispersed residents of In April, a local government official an urban poor community in subjected three LGBTI individuals to peacefully demanding government aid. degrading treatment by forcing them to In June, police arrested eight people perform sexually-suggestive acts as protesting anti-terror legislation in Cebu City, punishment for alleged COVID-19 curfew detaining them for three days. Police also violations. In December, a Senate panel arrested at least 20 people, including three approved a bill that aims to prohibit minors, during a Pride march in the capital, discrimination and violence on the basis of Manila. Police accused the protesters of sexual orientation and gender identity and breaching restrictions on mass gatherings expression. during the pandemic, among other alleged violations. They were released pending 1. Philippines: President Duterte gives “shoot to kill” order amid investigation four days later. pandemic response (Press release, 2 April) 2. "My Job is to kill": Ongoing human rights violations and impunity in RIGHT TO HEALTH the Philippines (ASA 35/3085/2020) There were repeated calls for the release of 3. Philippines: Vice President’s ‘insider account’ shows failure of deadly certain groups of prisoners, including people anti-drugs campaign (Press release, 6 January) detained for political reasons, to prevent the 4. Philippines: UN resolution a missed chance for justice but scrutiny further spread of COVID-19 in prisons after continues (Press release, 7 October) hundreds of prisoners and staff tested 5. Philippines: Free senator; end attacks on human rights defenders positive for the virus. As of October, the (ASA 35/1854/2020) Supreme Court said over 80,000 prisoners 6. Philippines: Dangerous anti-terror law yet another setback for human were released. rights (Press release, 3 July) There were concerns over the protection of 7. Philippines: Cold-blooded murder of another activist and peace health workers during the pandemic. A ban advocate must be investigated (Public statement, 10 August) on their deployment overseas was partially 8. Philippines: Another human rights defender murdered; cycle of lifted in November. bloodshed must end (Press release, 18 August) 9. Philippines: Quash conviction of Rappler journalists Maria Ressa and ABUSES BY ARMED GROUPS Rey Santos (Press release, 15 June) Clashes between government forces and the 10. Philippines: Denial of ABS-CBN franchise another nail in the coffin of press freedom (Public statement, 10 July) communist New People’s Army continued. In August, two young members of the Manobo tribe died amid escalating violence in Surigao del Sur. POLAND DEATH PENALTY Republic of Poland In his State of the Nation Address in July, Head of state: Andrzej Duda Head of government: President Duterte renewed his call on Congress to reinstate the death penalty,

Amnesty International Report 2020/21 293 The authorities continued to erode the In April, the CJEU issued an order for independence of the judiciary. COVID-19 interim measures requiring the government measures served as a pretext to crackdown to immediately suspend its new system of on peaceful protesters and to restrict access disciplinary proceedings against judges. The to asylum. Criminal charges were used to authorities, however, continued to refuse to curtail freedom of expression. LGBTI rights implement this ruling and the Supreme Court remained under attack. Authorities carried on examining such disciplinary cases. attempted to further restrict access to The Deputy Minister of Justice stated that the abortion. CJEU had violated Poland’s sovereignty by intervening in its domestic affairs. BACKGROUND In September, the ECtHR formally Due to the COVID-19 pandemic, the May requested a response in the case of judge Presidential election was postponed until July Igor Tuleya who was challenging disciplinary and partially held by postal vote. In response proceedings against him as violations of his to the pandemic, in March, the government rights to private life and freedom of introduced a total ban on public assemblies; expression. The Disciplinary Prosecutor in May, assemblies of up to 150 people were initiated the proceedings against Igor Tuleya permitted; in October, only up to 10 or 25 in 2018. He had, among other things, people were allowed to assemble, depending submitted a request for a preliminary ruling on zones. Legislation intended to support from the CJEU on whether the new national businesses and workers affected by the legislation that undermined the pandemic included amendments on independence of the judiciary was unrelated matters. This included enhanced compatible with EU law. penalties for illegal abortion and for insulting the President. FREEDOM OF ASSEMBLY Peaceful anti-government protesters STATE OVERREACH − INDEPENDENCE continued to face fines and detention, amidst OF THE JUDICIARY COVID-19 measures used to crack down on The government continued to implement some protests beyond what was necessary to legal and policy changes that undermined protect public health.2 the independence of the judiciary. In May, during the electoral campaign, Parliament adopted a new law in January police arrested hundreds of peaceful imposing severe restrictions on judges’ rights protesters simply for protesting in the streets to freedom of expression and association.1 and imposed heavy fines. The police The law prohibits judges from questioning the especially targeted with fines protesters credentials of judges appointed by the demanding respect for the independence of President. The state’s Deputy Disciplinary the judiciary and those criticizing the lack of Commissioner sought to initiate disciplinary support for small companies during the proceedings in August against 1,278 judges COVID-19 lockdown. The authorities imposed who had asked the OSCE to monitor the fines against peaceful protesters outside the presidential election. Trójka state radio station who were opposing International scrutiny also continued. A censorship of a song. number of cases against Poland regarding attacks on the judiciary were pending before FREEDOM OF EXPRESSION AND the Court of Justice of the EU (CJEU) and the ASSOCIATION European Court of Human Rights (ECtHR). In Two activists were charged in June with “theft September, the and burglary” for replacing advertisements adopted a resolution expressing concerns on bus shelters with posters that accused the regarding the independence of the judiciary government of manipulating COVID-19 and threats to .

294 Amnesty International Report 2020/21 statistics.3 They faced up to 10 years in EU. Most reported attacks on LGBTI people prison, with the case pending at year’s end. resulted in no prosecution.4 In July, human rights defender Elżbieta Podleśna was indicted for “offending religious SEXUAL AND REPRODUCTIVE RIGHTS beliefs” for allegedly possessing and Sexual and reproductive rights remained distributing posters and stickers depicting the under attack. Virgin Mary with a halo. A parliamentary debate was scheduled for The Minister of Justice and Minister of April to address two “citizens’ initiatives” that Environment proposed a law in August would set criminal penalties for sex education requiring NGOs to declare any sources of in schools and would further restrict access foreign funding and to publish them in a to abortion.5 Large protests took place, held public register. virtually or while respecting physical distancing owing to COVID-19. Members of RIGHTS OF LESBIAN, GAY, BISEXUAL, Parliament voted to send the bills to TRANSGENDER AND INTERSEX (LGBTI) parliamentary committees, postponing the PEOPLE debates. Widespread anti-LGBTI rhetoric from In July, the Ministry of Justice announced politicians persisted. a plan to withdraw from the Istanbul In July, the President signed an anti-LGBTI Convention, an international treaty on rights pamphlet before the election called the violence against women. The government “Family Charter”, which pledged to ban openly lobbied other countries to withdraw as marriage equality, adoption of children by well. The Prime Minister announced a plan to LGBTI people and LGBTI education in have the Constitutional Court examine the schools. Convention’s compatibility with the Polish Police arrested 48 LGBTI activists in Constitution, claiming that the Convention August during a peaceful protest against a was “harmful” because it “contains elements prominent activist’s pre-trial detention. They of an ideological nature”. faced charges for “participation in an illegal In October, the Polish Constitutional gathering”. The investigation was continuing Tribunal ruled that access to abortion on the at year’s end. ground of “severe and irreversible foetal Since March 2019, about 100 local defect or incurable illness that threatens the authorities had adopted discriminatory anti- foetus’ life” are unconstitutional. The LGBTI resolutions, including resolutions Constitutional Tribunal’s ruling will mean an explicitly “against LGBTI ideology”; some almost total ban on abortion in the country. refer to “traditional values” or “family rights”. In July, the European Commission rejected RIGHTS OF REFUGEES AND ASYLUM- six town-twinning applications because local SEEKERS authorities had declared so-called LGBTI-free In April, the CJEU ruled that Poland had zones or had adopted “family rights” failed to fulfil its obligations under EU law by resolutions. In September, the head of the refusing to relocate asylum-seekers under the European Commission stated that so-called EU relocation scheme. LGBTI-free zones were in fact “humanity-free The ECtHR ruled against Poland in July zones” that had no place within the European concluding that the situation at border Union. crossing points amounted to inhuman or According to a report published in May by degrading treatment because the authorities the EU Agency for Fundamental Rights, 15% refused to receive asylum applications and of LGBTI people in Poland had experienced a conducted summary removals that put some physical attack or sexual violence in the last people at risk of being forcibly transferred to five years. This was the highest rate in the a place where they are at risk of serious human rights violations (refoulement).

Amnesty International Report 2020/21 295 Due to the COVID-19 pandemic, the Office one third continued to lack PPE until the end for Foreigners suspended direct customer of June. By November, 8,755 health services and there were some limitations on professionals had contracted COVID-19. the submission of asylum applications at Older people in care homes accounted for border crossings. one third of COVID-19 deaths, which reached 6,972 by the end of the year. A criminal investigation was ongoing into the deaths of 1. Poland: Judges and lawyers from across Europe protest judicial takeover in (News story, 9 January) 18 people at a nursing home in Reguengos 2. Poland: COVID-19 is no excuse to crack down on protests (EUR de Monsaraz, following a report concerning 37/2421/2020) failures to follow government health 3. Poland: Activists at risk of 10-year jail term for COVID-19 poster guidelines. campaign challenging government statistics (News story, 11 June) With sub-standard conditions and 4. Polki i Polacy chcą, by przestępstwa motywowane homofobią i overcrowding persisting in some prisons, the transfobią były rozpoznawane przez państwo (in Polish only, government released over 2,000 prisoners to translates as ‘Polish people want crimes motivated by homophobia limit contagion. However, some prisoners and transphobia to be recognized by the state’) (News story, 24 September) faced homelessness on release. 5. Poland: Abortion ban and regressive sexuality education laws must not be rushed through under cover of COVID-19 (News story, 14 April) RIGHT TO HOUSING The government suspended foreclosures and evictions during the state of emergency and until the end of the year. Nevertheless, many PORTUGAL families continued to lack access to adequate housing. In March, just before the Portuguese Republic Head of state: suspension was in place, the in Head of government: António Costa the capital, , evicted about 70 people who had occupied social housing for lack of alternatives. At least nine evicted families The government’s response to COVID-19 reported that they had not been offered exposed gaps in the rights to health and alternative accommodation and had to sleep housing. Discrimination against Roma in vans, tents or entrance halls of continued. A man died following a beating neighbouring buildings. in border police custody. Prosecutions and There were several reports that shelters for convictions for gender-based violence the homeless were both insufficient and of remained low. poor quality. Support for the homeless was largely left to local authorities and volunteers. BACKGROUND From 18 March to 2 May, the government RIGHTS OF REFUGEES, ASYLUM- declared a state of emergency to control SEEKERS AND MIGRANTS COVID-19, imposing limitations to freedoms In March, the government temporarily of movement and assembly, including for granted access to health and social care to religious purposes or protest. The asylum-seekers and non-nationals with government declared a second state of pending residency applications. emergency on 9 November until the end of The government relocated only 72 the year, restricting freedom of movement unaccompanied minors from Greece out of and gatherings. 500 it had pledged to receive. The death in custody in March of a RIGHT TO HEALTH Ukrainian national, following a beating by The Portuguese Medical Association reported border police at Lisbon airport, exposed that over half of doctors lacked adequate PPE failures in the protection of people during during the first state of emergency, and that border procedures. Three border police

296 Amnesty International Report 2020/21 officials were charged with aggravated In September, health care professionals murder in September. protested over the reported lack of PPE and In April, the UN Human Rights Committee access to tests for the COVID-19 virus, (HRC) expressed concern about reports that according to news reports. unaccompanied children were detained at airports. In June, the Border Control Services CHILDREN’S RIGHTS announced that the Child Protection In May, the Youth Development Institute, a Commission would ensure support for local NGO, warned that measures related to children in Lisbon airport’s border patrol COVID-19 could increase child poverty from facilities. 58% to 65% if sufficient resources were not allocated to mitigate it. DISCRIMINATION Civil society organizations criticized the In April, the HRC expressed concern over closing of canteens that provide free school continuing racial discrimination against Roma lunches in public schools in the context of and people of African descent in education, COVID-19, indicating that an estimated 70% employment and housing, and about reports of children in the public education system of hate speech and hate crimes. live in poverty and rely on school meals. VIOLENCE AGAINST WOMEN AND GIRLS RIGHT TO HOUSING In April, the HRC expressed concern at the In January, two earthquakes resulted in low levels of reporting, prosecution and damage to hundreds of homes and left conviction in relation to gender-based thousands of people living in temporary violence. housing, shelters, vehicles or tents for In July, prosecutors charged a mother for months. subjecting her daughter to female genital By late March, according to news reports, mutilation, the first such case to go to trial in the Department of Housing had closed all the Portugal. refugee centres they administered. By September, according to the University of Puerto Rico in Cayey, of the 40,628 requests for housing assistance made to the PUERTO RICO Federal Emergency Management Agency Commonwealth of Puerto Rico (FEMA) in the most affected municipalities, Head of state: Donald Trump only 34% had received assistance. Head of government: Wanda Vázquez Garced Media reports estimated that 10,000 families may still have had their homes The authorities failed to ensure the rights of affected ten months after the earthquakes. thousands of people made homeless by earthquakes in January. The number of VIOLENCE AGAINST WOMEN AND GIRLS femicides increased. For the first time, Despite declaring a state of national alert in federal charges were brought 2019, a symbolic response to the high following the killings of two transgender number of gender-based violence cases, the women. authorities did not present a plan to mitigate this or protect the rights of women and girls. BACKGROUND By late December, 60 people had been In March, in response to the COVID-19 killed due to their gender, compared with 37 pandemic, Governor Wanda Vázquez in the whole of 2019, according to the declared a state of emergency and signed the Observatory of Gender Equality of Puerto first of many Executive Orders issued during Rico. the year in relation to curfews. During the first three months of the island- wide lockdown implemented in response to

Amnesty International Report 2020/21 297 COVID-19, between mid-March and late May, In April, for the first time, federal there were 11 femicides, compared with six authorities in Puerto Rico brought charges during the same period in 2019, according to under the Matthew Shepard and James Byrd data from the Observatory of Gender Equality Jr. Hate Crimes Prevention Act, signed by of Puerto Rico. former President Obama in 2009, for the The government continued to exclude any killing of two other transgender women, content related to “gender” from the Serena Angelique Velázquez and Layla educational curriculum. Peláez Sánchez. EXCESSIVE USE OF FORCE 1. Americas: Authorities must protect people from COVID-19 instead of During the island-wide lockdown resorting to repressive measures (News, 15 May) implemented in an effort to mitigate the impact of COVID-19, there were reports of excessive use of force by the police enforcing lockdown measures, including a verified QATAR video in which police appeared to stop an State of Qatar individual on his way to get food and other Head of state: Tamim bin Hamad bin Khalifa Al Thani 1 basic items. Head of government: Khalid bin Khalifa bin Abdulaziz By October, the police had received more Al Thani (replaced Abdullah bin Nasser bin Khalifa Al than 3,300 complaints related to alleged Thani in January) violations of Executive Orders issued since the beginning of the COVID-19 pandemic New laws were passed offering migrant and had arrested more than 1,000 people for workers better legal protections. Despite alleged breaches. government measures to control the spread of COVID-19, migrant workers bore the FREEDOM OF ASSEMBLY brunt of the pandemic’s impact. The The day before the annual 1 May protests, authorities further tightened restrictions on the police announced that protests were freedom of expression. Women continued to prohibited by Executive Order. Following face discrimination in law and practice. criticism by civil society organizations who Executions resumed after a 20-year hiatus. alleged this was unconstitutional, the protests went ahead. BACKGROUND The Gulf crisis that started in 2017 RIGHTS OF LESBIAN, GAY, BISEXUAL, continued, with ties severed between Qatar TRANSGENDER AND INTERSEX and Bahrain, Egypt, Saudi Arabia and the (LGBTI) PEOPLE United Arab Emirates. Among the 60 femicides during the year, six In January, the Emir appointed Sheikh of those killed were transgender people, four Khalid bin Khalifa bin Abdulaziz Al Thani as more than in the previous year, according to Prime Minister and formed a new cabinet. the Observatory of Gender Equality of Puerto In March, the government introduced a Rico. series of measures to control the spread of In February, the violent killing of Alexa COVID-19, including access to free health Luciano Ruiz, a transgender woman, care, and provided financial support to provoked a public outcry. According to news businesses. The Emir also amended the reports, the day before her killing the police Prevention of Infectious Diseases Law to had intervened after a complaint was made increase fines and prison sentences for against her for using the women’s bathroom anyone violating its provisions and in a fast-food restaurant, photos of which established a Health Prosecution Unit went viral on social media. dedicated to such prosecutions.

298 Amnesty International Report 2020/21 In November, the Emir announced that “take urgent steps to dismantle what is in long-promised elections to the Shura Council effect a quasi-caste system based on national (an advisory body that acts as a quasi- origin”, including in the private sector. parliament) will be held in 2021. In August, the Emir signed a series of laws setting a non-discriminatory minimum wage MIGRANT WORKERS’ RIGHTS that must be revised annually, and two others Significant reforms aiming to protect migrant abolishing the necessity for migrant workers workers from labour abuse and exploitation to obtain the “No-Objection Certificate” from were introduced, but employers continued to their employer to change jobs. The new retain disproportionate powers as they legislation enabled workers to change jobs oversee the entry and residence of migrant freely through an online process led by workers and can file criminal “absconding” MADLSA.2 In preparation for this move, in charges against them. Following July, the government launched a re- announcements by the Minister of employment platform to enable companies Administrative Development, Labour and and employees to seek new employment Social Affairs (MADLSA) in 2019 to abolish opportunities. the kafala (sponsorship) system, in January the Ministry of Interior extended the abolition Migrant women domestic workers of the exit permit requirement to include Migrant domestic workers, mostly women, domestic workers, stipulating, however, that continued to face severe forms of abuse they inform employers 72 hours before their without access to a remedy despite the departure. Domestic Workers Law introduced in 2017. In June, MADLSA announced the opening Many employers made women work an of a joint office with the Judiciary Supreme average of 16 hours a day, denied them rest, Council to facilitate implementation of the prevented them from taking a day off in the decisions of newly established committees to week, and confiscated their passports despite resolve labour disputes. However, access to this being illegal. These abuses took place in justice for migrant workers remained largely a climate of complete impunity for slow and fruitless, and the conditions under perpetrators. The only shelter, established in which workers could collect their unpaid 2019, to offer refuge for domestic workers wages from the support fund, set up to help fleeing abuse and exploitation was not fully them recoup their money, were unclear. operational, making it even more difficult for Around 100 migrant workers, employed on them to leave an abusive workplace, let alone a construction project for a FIFA World Cup press charges against their employer.3 stadium, worked for up to seven months without pay. While most employees eventually RIGHT TO HEALTH received the majority of their basic salaries, The COVID-19 crisis exposed the vulnerability some workers still had several months of of migrant workers in Qatar.4 Although the salaries or allowances outstanding at the end government introduced some positive of the year.1 measures, such as free health care and Despite some pilot projects to set up joint testing for everybody, migrant workers were committees to represent workers in various particularly affected by the pandemic and companies, migrant workers, unlike Qatari exposed to infection as a result of nationals, were still unable to form or join overcrowded and often insanitary living trade unions. conditions.5 Cases of unpaid wages increased In its July report following a visit to Qatar, sharply from March and despite government- the Special Rapporteur on racism raised backed financial packages to support serious concerns regarding the “structural businesses and mitigate the impacts of the forms of racial discrimination against non- pandemic, thousands of companies failed to nationals” and called on the government to pay workers on time. Despite the

Amnesty International Report 2020/21 299 government’s announcement of measures and subjected them to forced, private and efforts to provide support to migrant medical examinations to determine if they workers, some of those living in lockdown had given birth; a baby girl had been found areas complained about the lack of food and abandoned in a bin at the airport. The supplies. incident drew a public outcry prompting In April, police rounded up dozens of Qatar to issue an apology and launch an Nepali migrant workers and told them they investigation into the incident. were to be tested for COVID-19 and then returned to their accommodation. Instead, RIGHT TO PRIVACY they were taken to detention centres and Qatar’s contact tracing app EHTERAZ, held in appalling conditions for several days, developed by the Ministry of Interior to before being expelled to Nepal without contain the spread of COVID-19, had a explanation or due process.6 serious security flaw that exposed sensitive personal details of over 1 million users. Once FREEDOM OF EXPRESSION the authorities were alerted to the flaw, they Freedom of expression was further restricted quickly fixed it.9 The app, like many others, by a vaguely worded law passed in January remained problematic due to its lack of that criminalized a broad range of speech privacy safeguards.10 and publishing.7 Under the law, “biased” broadcasting or publishing can be punished DEATH PENALTY by up to five years in prison and a fine of Executions resumed in April after a 20-year QAR100,000 (over US$25,000). hiatus. The authorities continued to exercise arbitrary executive powers, placing 1. Qatar: Migrant workers unpaid for months of work on FIFA World Cup administrative sanctions such as travel bans stadium (Press release, 11 June) on individuals without judicial process, in 2. Qatar: New laws to protect migrant workers are a step in the right some cases seemingly as punishment for direction (Press release, 30 August) 8 their political opinions or peaceful activities. 3. Qatar: “Why do you want to rest?”: Ongoing abuse of domestic workers in Qatar (MDE 22/3175/2020) WOMEN’S RIGHTS 4. Qatar: Migrant workers in labour camps at grave risk amid COVID-19 Women continued to face discrimination in crisis (Press release, 20 March) law and practice. 5. COVID-19 makes Gulf countries’ abuse of migrant workers impossible continued to discriminate to ignore (Campaigns, 30 April) against women, including by making it much 6. Qatar: Migrant workers illegally expelled during COVID-19 pandemic harder for them to seek a divorce, severely (Press release, 15 April) disadvantaging them economically if they 7. Qatar: Repressive new law further curbs freedom of expression (Press sought a divorce or their husband left them. release, 20 January) In its report following its visit to Qatar, the 8. Qatar: Arbitrary executive action puts lives on hold (MDE UN Working Group on Arbitrary Detention 22/2772/2020) noted that women under the age of 25 must 9. Qatar: Contact tracing app security flaw exposed sensitive personal details of more than one million (Press release, 26 May) obtain the permission of their male guardians to engage in daily activities such as signing 10. Bahrain, Kuwait and Norway contact tracing apps among most dangerous for privacy (Press release, 16 June) contracts and leaving the country. As a result, it said, “women were prevented from leaving their family homes without the permission of their legal guardians, resulting in de facto deprivation of liberty by their families.” On 2 October, the Qatari authorities took a number of women off planes when they were travelling out of Doha’s airport in the capital

300 Amnesty International Report 2020/21 ROMANIA Roma A European Commission report in February Republic of Romania found that Roma continued to face Head of state: discrimination and segregation including in Head of government: Florin Cîțu (replaced Ludovic education, employment, access to housing Orban in December) and forced evictions. During the state of emergency, NGOs and The government’s response to COVID-19 the media reported several cases of unlawful raised human rights concerns including in use of force and allegations of ill-treatment of relation to policing, the right to freedom of Roma by the police.1 peaceful assembly and the right to Human rights groups and NGOs raised education. Roma continued to experience concerns about Roma being scapegoated systemic discrimination, and some faced during the pandemic. They denounced “the excessive use of force and ill-treatment by rise of hate speech and racism” targeting police. The Constitutional Court declared Roma in mass media and social media, unconstitutional the law adopted in June by especially by opinion leaders and public Parliament prohibiting the teaching about figures. Romania’s equality body, the National gender identity. The European Court of Council for Combating Discrimination, Human Rights found the authorities had criticized a local newspaper, a member of acted unlawfully in deporting two Pakistani Parliament, a former President and a men. university professor for discriminatory statements against Roma. BACKGROUND In March, the government declared a state of Rights of lesbian, gay, bisexual, transgender and emergency due to the COVID-19 pandemic. intersex (LGBTI) people It derogated temporarily from a number of In June, Parliament passed a law which, rights protected under the European among other things, prohibited teaching and Convention on Human Rights, including the training about gender identity. The law, right to education and to freedoms of adopted without public debate, prohibited movement, expression and association. In “activities aimed at propagating the gender May, the state of emergency was replaced identity theory or opinion, understood as the with a “state of alert” which remained in theory or opinion that gender is a different place until the end of year. concept from that of biological sex and that The European Commission continued to the two are not always identical.” pressure Romania to roll back legislative Human rights groups and universities changes that posed a threat to the rule of law, condemned the ban, arguing it would including the independence of the judiciary. legitimize discrimination against the LGBTI community. The law, which also raised DISCRIMINATION concerns around the rights to academic A legislative proposal which would expand freedom and freedom of expression, was existing anti-discrimination legislation declared unconstitutional by the remained before the Senate at year’s end. Constitutional Court in December. The bill proposed other forms of discrimination – discrimination by RIGHT TO EDUCATION association, intersectional discrimination and Despite 2016 legislation prohibiting segregation – as well as the inclusion of segregation in primary and secondary discrimination criteria on citizenship and skin education, and subsequent guidelines colour. adopted by the Ministry of Education to apply

Amnesty International Report 2020/21 301 the law, the government failed to implement security, they must be accompanied by the guidelines by year’s end. sufficient counterbalancing safeguards. A study by the NGO Caritas Romania highlighted the challenges faced by children 1. Policing the pandemic: Human rights violations in the enforcement of from vulnerable groups while accessing COVID-19 measures in Europe (EUR 01/2511/2020) remote learning during the March-June 2. Romania: European Court verdict strikes a blow to decisions based lockdown, with Roma among the worst on secret evidence (News story, 16 October) affected. According to the study, an average of only 15% of children from marginalized groups participated habitually in online activities during the lockdown, marking a RUSSIA drastic reduction compared to the 83% Russian Federation average for school attendance of the children Head of state: registered before the pandemic. The main Head of government: Mikhail Mishustin (replaced obstacles included a lack of technical Dmitry Medvedev in January) equipment, overcrowded homes with a lack of adequate study spaces, and the absence The COVID-19 pandemic exposed chronic of support from parents to complete online under-resourcing in health care. The tasks. authorities used the pandemic as a pretext to continue the crackdown on all dissent, FREEDOM OF ASSEMBLY including through amendments to a vaguely Following Romania’s temporary derogation in worded law on “fake news” and tightening March from the right to freedom of peaceful restrictions on public gatherings. Peaceful assembly, a blanket prohibition on public protesters, human rights defenders and gatherings was in place. Civil society groups civic and political activists faced arrest and criticized such measures as disproportionate. prosecution. Persecution of Jehovah’s Gatherings of up to 100 people were Witnesses intensified. Torture remained permitted from November as long as certain endemic, as did near total impunity for protection measures were observed. perpetrators. The right to a fair trial was routinely violated while legal amendments DUE PROCESS resulted in a further reduction in judicial In October, in the case of Muhammed and independence. Reports of domestic violence Muhammed v. Romania, the Grand Chamber rose sharply during COVID-19 lockdown of the European Court of Human Rights measures, although the draft law on found that the authorities acted unlawfully domestic violence remained stalled in when, in 2012, they deported two Pakistani Parliament. LGBTI people continued to face nationals residing legally in the country. The discrimination and persecution. Thousands deportation was based on secret evidence of labour migrants lost their jobs during the seen only by the government and the courts pandemic but were unable to leave because alleging that their activities posed a potential of border closures. Evidence emerged to threat to Romania’s national security.2 corroborate allegations of war crimes by The Court found that in expulsion Russian forces in Syria. proceedings people have a right to be informed of the relevant factual elements BACKGROUND which led authorities to consider that they The economic downturn, underpinned by represent a threat to national security, and to falling oil prices, dwindling investment and be given access to the content of the foreign sanctions, and exacerbated by the documents and the information relied upon COVID-19 pandemic, led to a further by the government. It found that where impoverishment of a growing proportion of limitations are necessary to protect national the population. Discontent widened, with a

302 Amnesty International Report 2020/21 slow but steady increase in protests. The in custody were considered unreliable by government continually faced, and ignored, independent monitors. mounting allegations of corruption at all levels. Measures announced by President FREEDOM OF ASSEMBLY Vladimir Putin and his government, like Freedom of peaceful assembly remained extended fully paid leave for all workers in constrained with further restrictions response to COVID-19, failed to address introduced in December. The rules relating to people’s broader concerns. public assemblies and single-person pickets The authorities introduced multiple were further restricted in response to the amendments to the Constitution, with the pandemic, and some regions banned them apparent purpose of removing legal outright. Public protests were typically small restrictions on President Putin’s participation but regular, despite reprisals. There was a in future presidential elections. sharp increase in the numbers of single Russia maintained a strong influence on picketers arrested and prosecuted. its immediate neighbours, and its occupation On 15 July, over a hundred peaceful of and other territories continued. protesters against constitutional changes were arbitrarily arrested and at least three RIGHT TO HEALTH severely beaten by the police in . The COVID-19 pandemic placed further Dozens were heavily fined or detained for five strain on the health care system, exposing to 14 days. chronic under-resourcing. A shortage of The 9 July arrest of Sergey Furgal, who in hospital beds, key protective and medical 2018 had defeated the pro-Kremlin equipment and medications, together with candidate to be elected Governor in the Far the delayed wages of health workers, were East Khabarovsk Region, prompted weekly frequently reported across the country. peaceful mass protests in Khabarovsk as well Official and independent numbers on as solidarity protests across Russia. infection and mortality rates varied greatly, Unusually, tens of thousands were allowed to indicating government under-reporting. march repeatedly in Khabarovsk before police made the first arrests on 18 July. On Health workers 10 October, police dispersed the protest for Whistle-blowers from among health workers the first time, arresting at least 25 people, and other groups faced reprisals, including with at least five later sentenced to several disciplinary measures and prosecution for days in detention. The protests in Khabarovsk “fake news”. were continuing at year’s end. Doctor Tatyana Revva was arbitrarily In December, peaceful protester reprimanded and threatened with dismissal Konstantin Kotov was released following his after she repeatedly complained about the imprisonment in 2019 for “repeated shortage and inadequacy of protective violation” of regulations on public assemblies. equipment. Police considered and dismissed In January, the Constitutional Court had “fake news” allegations against her following ordered a review of his case, and in April, the a complaint from the hospital’s head doctor.1 Moscow City Court reduced his sentence from four years to 18 months. Others Prison conditions prosecuted for the same offence included Health care and sanitary provisions in political activist Yulia Galyamina, who was penitentiary institutions remained inadequate given a two-year conditional sentence in and further exacerbated by the pandemic. December, activist Vyacheslav Egorov Although the authorities implemented standing trial in Kolomna, and protester restrictive and additional sanitary measures, Aleksandr Prikhodko from Khabarovsk. In they did not take measures to reduce the December, Aleksandr Prikhodko’s case was prison population. Official COVID-19 figures dropped.

Amnesty International Report 2020/21 303 While police routinely used excessive and had not been informed about any unnecessary force against protesters, they investigation. also allowed anti-protester violence by other A journalist from Nizhnii Novgorod, Irina groups. In Kushtau, Bashkiria, peaceful Slavina, faced routine harassment by the environmental activists who opposed a local authorities. On 1 October, her home was mining project were repeatedly assaulted, raided and searched, and police summoned with impunity, by private security staff, her as a witness in a criminal case against a occasionally operating alongside police. Late local activist under the “undesirable on 9 August, around 30 private security organizations” law. On 2 October, she died guards and around 100 masked men after self-immolating in protest in front of the attacked a camp of 10 environmental regional police headquarters. activists. Police were called but did not On 6 July, a military court in Pskov intervene. This triggered further local protests convicted journalist Svetlana Prokopieva of which forced the closure of the mining “public justification of terrorism” and fined project in late August. her RUB500,000 (US$6,300) for her public comments on repressive policies that may FREEDOM OF EXPRESSION have motivated a 17-year-old to blow himself Restrictions on freedom of expression up near the Federal Security Service building continued. On 1 April, amendments to the in Arkhangelsk. so-called “fake news” law, first passed in 2019, criminalized dissemination of Internet “knowingly false information about Censorship of the internet continued. In circumstances posing a threat to the lives June, the European Court of Human Rights and security of citizens and/or about the (ECtHR) in Vladimir Kharitonov v. Russia and government’s actions to protect the three other cases ruled that internet-blocking population.” Individuals face up to five years’ measures were “excessive and arbitrary” and imprisonment if dissemination of information violated the right to impart and receive leads to bodily harm or death, with hefty fines information. A court in Moscow fined Google for the media. Hundreds of people were fined RUB1.5 million (US$18,899) in August and under administrative proceedings, and at RUB3 million (US$ 40,580) in December for least 37 faced criminal proceedings under its search engine listing “dangerous content” this law, many of them critical civil activists, banned by Russian authorities. In December, journalists or bloggers. At least five media President Putin signed a law introducing outlets were prosecuted. The newspaper sanctions on foreign internet platforms for Novaya Gazeta and its chief editor were fined blocking Russian media content. Another law twice, in August and September, for passed in December introduced publications about COVID-19 and ordered to imprisonment for libel committed via the delete respective articles online. internet.

Journalists Repression of dissent Harassment, prosecution and physical Opposition activists and other dissenting attacks against journalists continued. On 30 voices faced severe reprisals. As part of the June, police in assaulted politically motivated criminal case against reporter David Frenkel at a polling station and opposition leader ’s Anti- broke his arm. On 15 October, a journalist Corruption Fund, 126 bank accounts from Khabarovsk, Sergei Plotnikov, was belonging to his associates were frozen in abducted by masked men, driven to the January, followed by criminal and civil libel woods, beaten and subjected to a mock cases against Alexei Navalny and others. On execution. He reported the incident to the 20 August, Alexei Navalny was taken ill on a police once released but by year’s end, he flight from Tomsk. He was urgently

304 Amnesty International Report 2020/21 hospitalized, and later flown to Germany NGOs’ staff, unregistered groups and where he was diagnosed with poisoning by a individuals. military-grade nerve agent. The Russian In April, the education NGO Projectoria authorities failed to investigate the poisoning. was forced to register as a “foreign agent” to Siberian shaman Aleksandr Gabyshev, avoid fines while its foreign donor, Project who had vowed to “purge” President Putin Harmony, was declared “undesirable”. from the Kremlin, was on 12 May confined to In October, activist Yana Antonova from a psychiatric hospital after he refused to be Krasnodar was sentenced to 240 hours of tested for COVID-19. He was discharged on forced labour for association with an 22 July following criticism in Russia and “undesirable organization”, re-posting Open abroad. Russia-branded materials online and taking In June, political blogger Nikolay part in single person pickets. She was Platoshkin was placed under house arrest on subsequently fined again under new criminal charges of “calls to mass administrative proceedings. disturbances” and dissemination of “knowingly false information” for planning a FREEDOM OF RELIGION AND BELIEF peaceful protest against constitutional The prosecution of Jehovah’s Witnesses amendments. under “extremism” charges escalated, including in occupied Crimea, with a growing HUMAN RIGHTS DEFENDERS number of convictions, and longer sentences. Harassment, prosecution, and physical At year’s end, 362 people were under attacks against human rights defenders investigation or standing trial, 39 had been remained commonplace. convicted and six were imprisoned. Artem Activists Alexandra Koroleva, in Gerasimov, for example, was sentenced on , and Semyon Simonov, in Sochi, appeal in June to six years’ imprisonment were charged and faced possible and a fine of RUB400,000 (US$5,144) by imprisonment for non-payment of arbitrary the de facto Supreme Court of Crimea. and heavy fines by their respective NGOs. Journalist Elena Milashina and lawyer TORTURE AND OTHER ILL-TREATMENT Marina Dubrovina were assaulted by a mob Torture and other ill-treatment remained in a hotel in , , on 6 pervasive, and the number of perpetrators February.2 A formal investigation started in convicted was negligible. Prosecutions were March but was manifestly ineffective. typically for “abuse of authority” and resulted Meanwhile, Chechen head in lenient sentences. issued thinly veiled death threats against Twelve former prison officers from Elena Milashina, with impunity. Yaroslavl colony were sentenced to up to four Lawyer Mikhail Benyash’s appeal against years and three months’ imprisonment after a his criminal conviction – which could lead to leaked video showed an inmate being beaten disbarment – started in October and was still in 2017. Six of them were immediately ongoing at year’s end. released on account of time already spent in detention. The former head and deputy head FREEDOM OF ASSOCIATION of the colony were acquitted. Laws on “foreign agents” and “undesirable organizations” were actively used to smear UNFAIR TRIALS independent NGOs, deprive them of funding Violations of the right to a fair trial remained and severely penalize their members. In common. Detainees were denied meetings December, further draconian legislative with their lawyers and a number of trials changes were signed into law, including to continued to be closed to the public, with the extend the “foreign agents” provisions to COVID-19 pandemic being often abusively used as a justification.

Amnesty International Report 2020/21 305 In February and June respectively, seven In June, the ECtHR held in Polshina v. young men from Penza, and two from Saint Russia that deficiencies in the legal system Petersburg, received sentences of up to 18 related to domestic violence violated the years’ imprisonment under trumped-up prohibitions of torture and discrimination. terrorism charges over their purported The Court underlined Russia’s consistent involvement with a non-existent organization failure to investigate abuse, and years-long called “Network”. Numerous allegations of tolerance of “a climate which was conducive torture and other ill-treatment, and of to domestic violence”. fabrication of evidence, were ignored.3 Constitutional and legislative amendments RIGHTS OF LESBIAN, GAY, BISEXUAL, further eroded the right to a fair trial, TRANSGENDER AND INTERSEX (LGBTI) including by giving the President power to PEOPLE nominate the judges of the Constitutional and LGBTI people continued to face Supreme Courts, and initiate the appointment discrimination and persecution. of all federal judges and dismissal of senior Constitutional amendments redefined federal judges. marriage as a “union between a man and a woman”, reinforcing existing limitations on Counter-terrorism same-sex marriage and ensuing restrictions, Counterterrorism legislation was widely including adoption by same-sex couples. abused, often to target dissent. LGBTI rights activist Yulia Tsvetkova was Journalist Abdulmumin Gadzhiev, from fined RUB75,000 (US$1,014) for posting , remained in custody under online her drawings in support of same-sex fabricated charges of financing terrorism and couples and faced other penalties, including participation in terrorist and extremist ongoing prosecution for pornography relating organizations. His trial started in November. to her body positive drawings featuring In occupied Crimea, allegations of female genitalia.4 membership of the Islamist organization Hizb-ut-Tahrir (labelled as a “terrorist” MIGRANTS’ RIGHTS movement by Russia in 2003) were widely Over a third of foreign labour migrants used to imprison ethnic . In reported having lost work owing to the June, Crimean human rights defender Emir- COVID-19 pandemic, and thousands were Usein Kuku lost the appeal against his 12- stranded in Russia due to related border year prison sentence. In September, another closures. In April, a presidential decree eased Crimean human rights defender, Server work permit and residency rules for migrants Mustafayev, was sentenced to 14 years in and refugees, and temporarily suspended prison. forcible returns of foreign and stateless In September, 19 men from Ufa, individuals. Some regional authorities ceased Bashkiria, convicted for alleged Hizb-ut- temporary detention of migrants, although Tahrir membership and sentenced to new decisions on forcible returns were also between 10 and 24 years, lost their appeal, reported. with one defendant’s sentence reduced by a year. UNLAWFUL ATTACKS Evidence including witness statements, VIOLENCE AGAINST WOMEN AND GIRLS videos, photographs and satellite imagery of Proposals to introduce legislation on seven air strikes against medical facilities and domestic violence remained stalled in schools by Russian forces, and four by Syrian Parliament, while NGOs reported a sharp or Russian forces, between May 2019 and increase in domestic violence following February , corroborated COVID-19 lockdown measures. allegations of serious violations of

306 Amnesty International Report 2020/21 international humanitarian law amounting to tackle sexual exploitation and abuse of war crimes (see Syria entry).5 children, to ensure that protection of children with disabilities included those with intellectual and psychosocial disabilities, and 1. Russian Federation: Russian doctor’s persecution continues: Tatyana Revva (EUR 46/2970/2020, 2 September) to ensure the police fully respected the rights 2. Russia: Prominent investigative journalist and lawyer attacked of children living on the streets. during visit to Chechnya (News story, 7 February) 3. Russia: Prosecution for membership of a non-existent “terrorist” SEXUAL AND REPRODUCTIVE RIGHTS organization must stop (News story 7 February) In May, the President pardoned 36 women 4. Russian Federation: Activist faces jail for female body drawings: convicted for abortion. All except eight of Yulia Tsvetkova (EUR 46/2977/2020) them were arrested and convicted after 2018 5. Syria: 'Nowhere is Safe for Us': Unlawful attacks and mass Penal Code revisions. While abortion displacement in north-west Syria (MDE 24/2089/2020) remained illegal in most circumstances, the 2018 Penal Code introduced legal exceptions in cases of rape, incest or forced marriage. RWANDA RIGHT TO LIFE Republic of Rwanda On 17 February, the Rwanda National Police Head of state: announced that the popular singer Kizito Head of government: Édouard Ngirente Mihigo had been found dead that morning in his cell in Remera police station in the The authorities took measures to promote capital, . Three days earlier the Rwanda the right to health during the COVID-19 Investigation Bureau (RIB) had confirmed his pandemic and promised accountability for arrest on charges which included joining excessive use of force by police officers. “terrorist” groups and attempting to cross the Reports of enforced disappearances, border illegally. There was no independent arbitrary detention, excessive use of force, investigation into his death. The National unfair trials and restrictions on the right to Public Prosecution Authority concluded he freedom of expression continued. died by suicide and that there was no basis for criminal charges, in a finding based on a RIGHT TO HEALTH RIB investigation and the Rwanda Forensic In March, the authorities responded rapidly Laboratory.1 to the COVID-19 pandemic, imposing a strict nationwide lockdown and suspending ENFORCED DISAPPEARANCES commercial flights. They provided free Enforced disappearances of political treatment and mass testing. Until mid-May, opposition members continued and several the government covered the cost of probable cases from previous years remained mandatory quarantine for travellers entering unresolved. In June, Venant Abayisenga, a the country. Thereafter, it offered subsidized member of Development and Liberty for All provision. (DALFA-Umurinzi), and former member of the United Democratic Forces (FDU-Inkingi), CHILDREN’S RIGHTS both unregistered opposition political parties, In January, the UN Committee on the Rights was reported missing. He had been acquitted of the Child reviewed the government’s report in January of forming an irregular armed and commended Rwanda’s progress in group and released from prison. He told the reducing poverty and infant and child media that he was tortured in detention. His mortality rates, improving access to whereabouts remained unknown at the end education and health services, and fighting of the year. HIV/AIDS. Meanwhile, it urged the government to take further measures to

Amnesty International Report 2020/21 307 Rwanda had not ratified the International He was transferred to the custody of the Convention for the Protection of All Persons International Residual Mechanism for from Enforced Disappearance.2 Criminal Tribunals (IRMCT) in The Hague in October, and a plea of not guilty was entered EXCESSIVE USE OF FORCE during a pre-trial hearing in November. In September, following an outcry on social In May, the IRMCT Chief Prosecutor media in response to police use of excessive, confirmed DNA tests had proved that and at times lethal, force, including in Augustin Bizimana, whom the ICTR had response to alleged curfew violations, the indicted in 2001 for genocide, had died in President and the Minister of Justice 2000 in the Republic of the Congo. condemned the actions of individual police The authorities sought the extradition of officers. They said these actions violated genocide suspect Aloys Ntiwiragabo from operational guidelines and promised to hold France. In July, a preliminary investigation for perpetrators accountable. On 9 September, a crimes against humanity was launched in police spokesperson said several officers France after a journalist located him in were in custody while investigations and Orléans, about 100km south-west of Paris. prosecutions were ongoing. ARBITRARY DETENTION UNFAIR TRIALS A night-time curfew was introduced in On 31 August, the RIB announced the arrest response to the COVID-19 pandemic. Police of Paul Rusesabagina, famed as the manager instructed those alleged to have violated the of Hotel des Milles Collines where over 1,200 curfew to report to centres, including open- people sought refuge during the 1994 air stadiums, where they remained until the genocide. He was later charged with offences end of curfew the next morning. The police including terrorism, arson, kidnap and spokesperson said these were not “detention murder in relation to his support for an or prison facilities” but “central grounds used armed group. He had left Dubai overnight on to control movements during curfew hours as 27/28 August in mysterious circumstances; well as sensitization centres with space for in court in November, he said that he had physical distancing, where people are been abducted and blindfolded with his arms educated on the pandemic and safety and legs bound. The authorities refused to practices.” explain how he arrived in Kigali but asserted In July, the Rwanda National Police that due process had been followed. He was published a list of 498 motorists (including initially denied access to a lawyer hired by his some registration plate details) who, since family and chose two lawyers from a list of April, had allegedly ignored orders and not pro advocates. From November he was reported to the centres. Those who did not represented by the lawyer chosen by his report to the police within an allotted time family. He remained in pre-trial detention at were warned they would be arrested. Several the end of the year, after three requests for similar lists were published on a regular basis release on bail were denied.3 until October. RIGHT TO TRUTH, JUSTICE AND FREEDOM OF EXPRESSION REPARATION In April, several YouTube bloggers reported In May, Félicien Kabuga, acknowledged as a on allegations that soldiers raped women and chief financier of the 1994 genocide, was committed other human rights violations arrested by French authorities in a Paris during lockdown in the Kangondo II suburb. In 1997 the International Criminal neighbourhood known as “Bannyahe” in Tribunal for Rwanda (ICTR), which tried Kigali. Although the genocide cases until 2015, indicted him on announced on 4 April that they were holding seven counts of genocide and related crimes. five soldiers suspected of involvement in

308 Amnesty International Report 2020/21 these crimes, four bloggers who reported on Court (SCC) and other courts. Courts the abuses and other consequences related resorted extensively to the death penalty to the authorities’ COVID-19 response, were and people were executed for a wide range later arrested. Two of the bloggers were of crimes. Migrant workers were even more provisionally released later the same month, vulnerable to abuse and exploitation and one was released on bail in May while because of the pandemic, and thousands Dieudonné Niyonsenga, also known as were arbitrarily detained in dire conditions, Cyuma Hassan, and his driver, Fidèle leading to an unknown number of deaths. Komezusenge, remained in detention at the end of the year. The Rwanda Media BACKGROUND Commission said that bloggers were not The country maintained economic and recognized as journalists and were “not political sanctions against Qatar, along with authorized to interview the population.” Bahrain, Egypt and the United Arab Emirates (UAE), in the ongoing political crisis in the REFUGEES AND ASYLUM-SEEKERS Gulf that began in 2017. In late August, UNHCR, the UN refugee The Saudi Arabia-led coalition in the long- agency, and the governments of Rwanda and running armed conflict in Yemen continued Burundi began to facilitate organized returns to be implicated in war crimes and other of Burundian refugees from Rwanda. serious violations of international law (see Yemen entry). In March, the Saudi Press Agency 1. Rwanda: Shocking death of gospel singer in custody must be effectively investigated (Press release, 17 February) announced that the Control and Anti- 2. Rwanda: More progress needed on human rights commitments: Corruption Authority (the Nazaha) had Amnesty International submission for the UN Universal Periodic arrested 298 public sector officials and was Review, 37th session of the UPR Working Group, January-February investigating them for corruption. 2021 (AFR 47/2858/2020) In May, in response to plummeting oil 3. Rwanda: Paul Rusesabagina must be guaranteed a fair trial (Press prices and the economic impact of release, 14 September) COVID-19, the authorities introduced austerity measures, tripling Value Added Tax to 15% and ending the cost of living SAUDI ARABIA allowance for state employees. In November, the G20 summit was held Kingdom of Saudi Arabia virtually, chaired by Saudi Arabia. More than Head of state and government: Salman bin Abdulaziz 220 civil society organizations pledged not to Al Saud participate in the parallel civil society engagement process to protest against Saudi Repression of the rights to freedom of Arabia’s human rights record. expression, association and assembly intensified. Among those harassed, FREEDOMS OF EXPRESSION, arbitrarily detained, prosecuted and/or ASSOCIATION AND ASSEMBLY jailed were government critics, women’s The authorities escalated repression of the rights activists, human rights defenders, rights to freedom of expression, association relatives of activists, journalists, members and peaceful assembly, including through a of the Shi’a minority and online critics of crackdown on online expression and undue government responses to the COVID-19 restrictions on freedom of expression related pandemic. Virtually all known Saudi to the government’s responses to the Arabian human rights defenders inside the COVID-19 pandemic. They harassed, country were detained or imprisoned at the arbitrarily detained and prosecuted end of the year. Grossly unfair trials government critics, human rights defenders, continued before the Specialized Criminal family members of activists and many others.

Amnesty International Report 2020/21 309 In March, the Public Prosecution and Political Rights Association (ACPRA), announced that social media posts that detained since May 2018. question, or instigate against, the COVID-19 In April, Abdullah al-Hamid, a prisoner of curfew would be punished under Article 6 of conscience and founding member of ACPRA, the Anti-Cyber Crime Law, which carries died in detention following medical neglect. penalties of up to five years’ imprisonment He had written extensively on human rights and a maximum fine of almost SAR3 million and the independence of the judiciary.1 In (US$800,000). late April, the authorities arrested writers and Courts frequently invoked the Anti-Cyber others for expressing sympathy over his Crime Law to sentence government critics death, including Abdulaziz al-Dakhil, an and human rights defenders for peacefully economist, writer and former Deputy Finance exercising their rights to freedom of Minister. expression, citing tweets or other peaceful More than two years after a wave of arrests online expression as evidence. targeted women human rights defenders and The authorities continued to ban the supporters, the authorities continued to formation of political parties, trade unions detain incommunicado Loujain al-Hathloul and independent human rights groups, and and Nassima al-Sada for between two to four to prosecute and imprison those who set up months at a time. In December, Loujain al- or participated in unlicensed human rights Hathloul was sentenced to five years and organizations. All gatherings, including eight months in prison, after her case was peaceful demonstrations, remained transferred to the SCC in November. The prohibited under an order issued by the court suspended two years and 10 months of Ministry of Interior in 2011. the total prison term. Several other women Members of the ruling family, former activists continued to be detained and on trial governmental officials and their relatives were before the Criminal Court in Riyadh for their among those arbitrarily arrested or detained. human rights work or expression. A year after her arrest, an official Twitter account confirmed in April the detention UNFAIR TRIALS without charge of Basma bint Saud Al Saud, Grossly unfair trials continued before the a daughter of former King Saud bin Abdulaziz SCC, a counter-terror court notorious for due Al Saud and a writer and human rights process violations including mass trials.2 activist. Her family expressed concern about Among those who continued to be tried or her health as she has underlying conditions were convicted after such trials were a that require medical treatment. woman human rights defender, religious clerics and activists charged with offences, HUMAN RIGHTS DEFENDERS including capital offences, arising from the The authorities arbitrarily detained, peaceful expression of their views. prosecuted and imprisoned human rights A mass trial of 68 Palestinian, Jordanian defenders and family members of women’s and Saudi Arabian nationals facing trumped- rights activists for their peaceful activities and up charges under the Counter-Terrorism Law human rights work, including under the began in March before the SCC. Two of them, Counter-Terrorism Law and Anti-Cyber Crime Mohammed al-Khudari and his son Hani al- Law. By the end of the year, virtually all Saudi Khudari, were charged with “joining a Arabian human rights defenders were in terrorist entity” understood to be the Hamas detention without charge, or were on trial or de facto authorities in Gaza. Both were serving prison terms. forcibly disappeared during the first month of Among those arbitrarily detained for their detention and were detained prolonged periods without appearing before a incommunicado and in solitary confinement judge or being charged was Mohammed al- for two months. They had no access to legal Bajadi, a founding member of the Saudi Civil representation from their arrest onwards.

310 Amnesty International Report 2020/21 In June, 14 individuals detained since In August, in a long-overdue development, April 2019 for their peaceful support of the the Saudi Human Rights Commission women’s rights movement and women announced that the country’s Public human rights defenders were charged under Prosecutor had ordered a review of the death the Anti-Cyber Crime Law, the Counter- sentences against Ali al-Nimr, Abdullah al- Terrorism Law or both. Among them was Zaher and Dawood al-Marhoun, who were at Salah al-Haidar, the son of Aziza al-Yousef, a imminent risk of execution.3 The three young woman human rights defender who remained men had been arrested in 2012 when on trial for her women’s rights work. children and charged with offences relating In September, eight people received final to their participation in anti-government sentences for the murder of Saudi Arabian protests in the Eastern Province. In journalist in Turkey in 2018. December, the public prosecution also The Criminal Court in Riyadh commuted five reviewed its call for the execution of initial death sentences, and sentenced all Mohammad al-Faraj, a member of the eight to prison terms ranging from seven to country’s Shi’a minority, who was arrested at 20 years. The authorities permitted the the age of 15 for his “participation in [anti- attendance of diplomats, but closed the trial government] protests” in the Eastern to media and independent Province, and instead demanded a prison observers. Additionally, the identity of those term. on trial and the charges they faced were not The authorities failed to abide by disclosed. international fair trial standards in capital Also in September, the SCC sentenced cases, often holding summary proceedings in writer and academic Abdullah al-Maliki to secret and without allowing defendants seven years in prison for his tweets and other access to representation or legal assistance. online posts in which he wrote about freedom Foreign nationals often did not have access of expression and political representation and to translation services throughout the various defended ACPRA members. He was also stages of detention and trial. accused of hosting an intellectual forum to discuss books and philosophy, on charges of CORPORAL JUDICIAL PUNISHMENT “inciting public opinion against the country’s In April, the Minister of Justice issued a rulers.” circular to all courts to implement the Supreme Court’s decision to end DEATH PENALTY discretionary flogging punishments and Courts continued to impose death sentences, replace them with prison sentences and/or and carried out scores of executions for a fines. Flogging continued in cases where the wide range of crimes. punishment is mandatory under Shari’a. In April, a royal order announced an end It remained unknown whether the to the use of the death penalty against people discretionary flogging punishment imposed aged under 18 at the time of the crime for on blogger had been dropped. In offences that attract discretionary 2014, he was sentenced to 1,000 lashes, 10 punishments under Shari’a (Islamic law). The years in jail followed by a 10-year travel ban, order was aligned to the 2018 Law on and a large fine for “insulting Islam” and Juveniles, which prevents judges from creating an online forum for debate. In imposing discretionary death sentences on January 2015, he received the first 50 those aged under 15. This law does not lashes. Further floggings were delayed, prevent judges handing down death initially on medical grounds and since then sentences for that age group in the case of for unknown reasons. hadd crimes (those with fixed and severe punishments under Shari’a) or crimes punishable by qisas (retaliation).

Amnesty International Report 2020/21 311 appeared in a video defending the personal WOMEN AND GIRLS’ RIGHTS freedoms of LGBTI people. In July, members of the Shura Council, a body that advises the monarchy, proposed an MIGRANTS’ RIGHTS amendment in the executive by-law to the In March, at the start of the COVID-19 Saudi Nationality Law to give permanent pandemic, the authorities extended residency residency, without any fee or lengthy permits of foreign workers without charge, procedures, to the children of Saudi Arabian and the Saudi Human Rights Commission women married to foreign nationals. This was announced the release of 250 foreign presented as an interim solution to detainees held for non-violent immigration shortcomings of the Nationality Law, which and residency offences. bars Saudi Arabian women married to foreign However, the approximately 10 million nationals from passing on their citizenship to migrant workers in Saudi Arabia continued to their children. be governed by the kafala (sponsorship) In a positive development, also in July, a system, which gives employers court ruled that “an adult, rational woman disproportionate powers over them and living independently is not a crime” in the prevents them from leaving the country or case of Maryam al-Otaibi, a Saudi Arabian changing jobs without the permission of their woman on trial in a case filed by her father – employers, increasing their vulnerability to also her legal guardian – for leaving her labour abuses and exploitation. During the family home. Maryam al-Otaibi had actively COVID-19 pandemic, this situation – participated in the campaign to end the alongside dire living conditions, scarce legal guardianship system. It remained unclear protection and limited access to preventive whether this signalled the authorities’ health care and treatment – put migrant intention to end the criminalization of women workers in an even more vulnerable position fleeing their homes without the permission of and at higher risk from COVID-19. their guardian, which allowed male guardians From March onwards, thousands of to initiate “absentees” cases against them. Ethiopian migrants, including pregnant Women and girls continued to face women and children, were arbitrarily discrimination in law and practice in relation detained in harsh conditions in at least five to marriage, divorce and inheritance, and detention centres across the country. remained inadequately protected from sexual Detainees said that they lacked adequate and other forms of violence. Those who had food, water, health care, sanitation facilities experienced domestic abuse continued to and clothes. Cells were severely overcrowded need a male guardian’s permission to leave and prisoners could not go outside. The shelters. specific needs of pregnant and lactating women were not addressed. Newborn RIGHTS OF LESBIAN, GAY, BISEXUAL, babies, infants and teenagers were detained TRANSGENDER AND INTERSEX (LGBTI) in the same dire conditions as adults.4 PEOPLE While it was difficult to establish the scale “Homosexuality” remained prohibited in of deaths in detention and corroborate all Saudi Arabia, punishable by flogging and such allegations, detainees interviewed said imprisonment. that they had seen seven bodies of inmates. In July, Yemeni LGBTI rights defender Three women said they had had contact with Mohamed al-Bokari was sentenced to 10 a female detainee whose baby had died in months in prison followed by deportation to detention. Eight detainees said they had Yemen for charges related to violating public experienced and witnessed beatings by morality, promoting homosexuality online and guards and two reported that guards had imitating women. He was arrested after he administered electric shocks as punishment.

312 Amnesty International Report 2020/21 In January, a man died in police custody in 1. Saudi Arabia: Prisoner of conscience Dr Abdullah al-Hamid dies while the city of Fatick after he was allegedly in detention (Press release, 24 April) beaten by police. An autopsy, which found he 2. Saudi Arabia: Muzzling critical voices – Politicized trials before Saudi Arabia’s Specialized Criminal Court (MDE 23/1633/2020) had died from “natural causes”, led to violent protests. The authorities then began an 3. Saudi Arabia: Review of young men’s death sentences overdue step towards justice (Press release, 27 August) investigation into three police officers suspected of being responsible. 4. Saudi Arabia: “This is worse than COVID-19”: Ethiopians abandoned and abused in Saudi prisons (MDE 23/3125/2020) In May, the gendarmerie tear gassed a youth press conference, in the town of Cap Skirring, called to highlight the lack of drinking water in the town. At least two SENEGAL participants were seriously injured. In June, four protesters were injured when Republic of Senegal Head of state and government: Macky Sall police violently dispersed them while they were demonstrating against the 2013 demolition of their homes in Gadaye suburb The Criminal Code was amended to in the capital, . increase sentences for perpetrators of rape and child sexual abuse. Police used FREEDOMS OF EXPRESSION AND excessive force. Detainees protested against ASSEMBLY poor health conditions and health workers In June, police arrested Assane Diouf after he threatened strikes over inadequate criticized the government in a live video resources. Communities were at risk of discussion. He remained in detention on forcible eviction. There was a resurgence of charges including inciting an armed violence in the . gathering and issuing public insults online. In August, members of Dahiratoul BACKGROUND Moustarchidine wal Moustarchidati, a In January, the Criminal Code was amended, religious organization, ransacked Les Échos criminalizing rape and child sexual abuse newspaper’s office after it alleged that the and increasing sentences for both. organization’s leader had contracted In response to the COVID-19 pandemic, COVID-19. Six suspects were arrested for the the government introduced state of attack. emergency legislation in March, giving them In September, Adja Ndiaye, a journalist extensive powers to rule without working for Dakaractu was verbally abused parliamentary oversight. Most of the and assaulted by police agents in Dakar, restrictive measures, including a national while reporting on a story. She suffered curfew, were lifted in June. injuries to her neck and back from the The ruling party, opposition and civil assault and her camera was also damaged. society organizations came together under the Political Commission of National Dialogue RIGHT TO HEALTH to discuss reforms related to the rights to Health workers freedom of expression and peaceful In June, the doctors’ union SAMES assembly. threatened strike action over the inadequate Violence resurfaced in Casamance with provision of PPE and other resources to several attacks against military positions, and manage the COVID-19 pandemic, and targeted killings. frontline doctors threatened to strike over unpaid salaries and poor working conditions. EXCESSIVE USE OF FORCE Security forces used excessive force to maintain public order.

Amnesty International Report 2020/21 313 Prison conditions FORCED EVICTIONS Detention facilities were overcrowded and Rural communities in the Thiès region health risks to inmates were exacerbated by continued to challenge the threat of forced COVID-19. By October, there were 10,804 eviction as agricultural and petrochemical detainees of which 5,052 were in pre-trial companies encroached on their land. A detention. Between March and September, farming community in the village of Ndingler, the government released 3,731 prisoners in near Mbour city, lost 0.75 square kilometers response to the COVID-19 pandemic. of communal land to an agri-business The death of two detainees from COVID-19 project. In July, the authorities brokered a in Thiès prison led to hunger strikes by truce, allowing farmers limited access to their inmates calling for mass testing. At least six land. people died apparently due to poor detention The villagers of Tobène accused a conditions while in police custody and in petrochemical company of polluting their Thiès and Diourbel prisons. farmlands and challenged the government’s decision to allocate an additional 6 hectares RIGHTS OF LESBIAN, GAY, BISEXUAL, of farming land to the company. The TRANSGENDER AND INTERSEX (LGBTI) residents protested the company’s PEOPLE compensation offer of XOF9 million LGBTI activists were subjected to smear (US$16,110). In August, demonstrations campaigns and death threats. Under the turned violent and the gendarmerie arrested Criminal Code, same-sex sexual relations 22 residents, including the activist Ardo were punishable by up to five years’ Gningue, who said he was tortured and imprisonment. In October, 25 men and boys otherwise ill-treated during detention in were arrested at a private party in Dakar and . charged with “unnatural acts” and detained. On 6 November, a court in Dakar sentenced ABUSES BY ARMED GROUPS two of the men indicted to six-months and There was a resurgence of violence in five men to three-months in prison. The rest, Casamance. In August, Hamidou Diémé, a including those who were under-age, were former of the Movement of acquitted. Democratic Forces of Casamance armed group, was killed in Diégoune in the CHILDREN’S RIGHTS Ziguinchor region, by unidentified gunmen. A draft law to regulate Qur’anic schools No one had been brought to justice for the awaited parliamentary approval. Twelve attack by the end of the year. Qur’anic students were reportedly tortured and otherwise ill-treated by their teachers. In February, a 13-year-old boy was beaten to death by his teacher in Louga city. In March, SERBIA the Dakar Criminal Court sentenced a Republic of Serbia Qur’anic teacher to 10 years’ imprisonment Head of state: Aleksandar Vučić for “assault and battery of an individual Head of government: Ana Brnabjić under 13”; another staff member was sentenced to five years’ imprisonment for Serbia failed to indict any former senior failing to assist the victim. police or military commanders for war In response to the COVID-19 pandemic, crimes and resolution of the fate of missing the government said it had taken 2,015 persons stalled. Protesters and journalists children off the streets, returned 1,424 of were seriously injured in the capital, them to their families and placed the rest in Belgrade, when police used excessive force. government centres. Few refugees gained access to asylum.

314 Amnesty International Report 2020/21 Protections against domestic violence required a higher percentage of bodily injury, remained inadequate. only applied to those injured in Serbia and discriminated between physical and BACKGROUND psychological damage. An estimated 15,000 With an increasingly repressive President, people, including relatives of the missing and and no viable opposition, the Serbian survivors of sexual violence, still had no right government controlled both police and to reparation. judiciary, weakening the rule of law, eroding political and civil rights and enabling Enforced disappearances widespread corruption. Impunity persisted for those responsible for In March, state of emergency COVID-19 the transfer of bodies of over 900 Kosovo- legislation introduced a 5pm to 5am curfew Albanians from Kosovo to Serbia in 1999. and other restrictive measures; armed forces The UN Special Rapporteur on extrajudicial patrolled Belgrade and other cities to enforce executions urged Serbia to prosecute senior public health measures.1 People who violated police officials suspected of murdering the unclear self-isolation regulations were three US-Albanian Bytici brothers, whose sentenced to up to three years' remains were recovered from a police imprisonment. Measures were lifted in May training ground in 2001. In November, for election campaigning and reimposed in human remains, believed to be Kosovo June, triggering mass demonstrations. Albanians, were discovered in a quarry in There was little progress in normalizing Kizevak. Serbia-Kosovo relations in EU-facilitated talks. EXCESSIVE USE OF FORCE Over 70 people were seriously injured and RIGHT TO TRUTH, JUSTICE AND 223 arrested during several days of REPARATION demonstrations in July following the No progress was made towards implementing President’s ban on public gatherings and the national war crimes strategy, opening proposed weekend curfew. Although right- investigations into the backlog of more than wing activists invaded the Parliament, most 2,500 war crimes cases, or indicting senior protesters were peaceful. However, police police or military officials for command fired tear gas and stun grenades responsibility. Seven indictments were raised, indiscriminately, and protesters and and five first instance decisions were bystanders alike were charged by mounted delivered. Prosecutions of low-level police or beaten. Four journalists were perpetrators in cases transferred from Bosnia seriously injured by police in separate and Herzegovina (BiH) were extremely slow. incidents across the country, including Žikica Proceedings against 10 men related to the Stevanović who was hospitalized with head Srebrenica genocide continued to be delayed injuries, despite showing his press card. A by absences of the accused. In January, joint NGO report documenting 13 allegations proceedings opened against a Bosnian Serb of ill-treatment was sent in July to the UN police officer, charged with raping a Bosniak Special Rapporteur on torture. No police woman in August 1992. officers had been prosecuted by the end of At the International Criminal Tribunal for the year. the former , the retrial continued of former Serbian State Security officials Jovica DISCRIMINATION Stanišić and Franko Simatović for “ethnic Discrimination persisted against ethnic cleansing” in Croatia and BiH. minorities, and anti-migrant protests and New legislation providing reparation to attacks increased. The Equality victims of war discriminated against civilian Commissioner reported an increase in hate victims. A series of cumulative conditions speech during the state of emergency; her

Amnesty International Report 2020/21 315 mandate expired in May, rendering the claim asylum, only 118 applied; by 30 institution unable to function effectively until November, 16 had received asylum and 18 her re-election in November. subsidiary protection. Pushbacks into Serbia from EU member FREEDOM OF EXPRESSION states, and from Serbia to neighbouring Physical attacks, intimidation and political countries, continued. In April, 16 men, slurs on social media against media workers believing they were being moved to another continued. In April, journalist Ana Lalić was temporary reception centre due to COVID-19, arrested for “causing panic” when were driven by police to the southern border investigating conditions in hospitals; staff and forced at gunpoint to walk into North were prohibited from providing Macedonia. “unauthorized” information. Journalists were briefly excluded from government press VIOLENCE AGAINST WOMEN conferences, ostensibly for health reasons. In April, the NGO Autonomous Women’s In July, the Finance Ministry targeted Center reported a threefold increase in individuals, investigative journalists and 37 contacts from women during the curfew. human rights NGOs in demanding bank Many described the intensification of account details under a law used to psychological, economic or physical violence, investigate terrorist financing and money and their fear of reporting violence to the laundering. authorities without access to protection. At least 22 women were killed by a partner or RIGHT TO HOUSING AND FORCED family member before 25 November. EVICTIONS In June, the Belgrade Court of Appeal 1. Policing the pandemic: Human rights violations in the enforcement of awarded €2,600 compensation each to two COVID-19 measures in Europe (EUR 01/2511/2020) Roma families who were unlawfully evicted from their homes in Belvil, Belgrade, in 2012 and bussed to a derelict warehouse in Niš. Violating legal protections against eviction, SIERRA LEONE Belgrade authorities paid Roma residents at Republic of Sierra Leone Resnik €19,000 “compensation” to leave the Head of state and government: settlement in December.

RIGHTS OF REFUGEES, ASYLUM- Security forces used excessive force against SEEKERS AND MIGRANTS protesters. Provisions of the Public Order Between January and November, 24,180 Act (POA) used to criminalize freedom of refugees and migrants arrived in Serbia. expression were repealed. The ban on Asylum claims were suspended until May as pregnant girls attending school and sitting refugees and migrants in overcrowded exams was lifted. Discrimination against asylum reception centres were placed under women and LGBTI people persisted and mandatory quarantine controlled by the sexual violence against women and girls military. Support staff and NGOs were denied remained widespread. Health workers and entry, although preventative health measures prisoners were at particular risk from were not implemented. In May, a government COVID-19. order restricting exit from asylum centres was successfully challenged by NGOs, but in BACKGROUND October refugees’ freedom of movement was The political tensions between the ruling again limited. Sierra Leone People's Party and the All The asylum process remained inadequate: People's Congress (APC), the main of 2,639 refugees registering an intention to opposition party, persisted. Measures taken

316 Amnesty International Report 2020/21 to fight the COVID-19 pandemic led to NGOs called for an independent investigation violations of economic, social, civil and into the incident. political rights. Between 17 and 18 July, security forces used excessive force against protesters at a FREEDOM OF EXPRESSION demonstration, which turned violent in In May, Sylvia Blyden, publisher of the Makeni, a city in the Northern Province. Awareness Times newspaper and a leading According to NGO reports, six protesters were APC member, was arrested and charged killed in the demonstration against the with, among other things, seditious and government’s decision to relocate an defamatory libel, conspiracy to pervert the electricity power generator to another town. course of justice and publication of false news for alleging, on social media, that WOMEN AND GIRLS’ RIGHTS former Defence Minister Alfred Paolo Conteh Sexual violence continued unabated. The had been ill-treated in detention. Her case Rainbo Initiative NGO said it received over was brought on the same charges before a 1,000 reports of sexual assault between magistrate court and the High Court. In July, January and May. Survivors of sexual violence the High Court dismissed the charges against continued to struggle to access justice, health her on the basis of insufficient evidence. care, legal aid and counselling. In July, the In July, Parliament repealed Part V of the first Sexual Offences Model Court was 1965 POA, used to prosecute people on established to expedite sexual offences- defamation and sedition charges for related trials and reduce the backlog of exercising their right to freedom of cases. A one-stop centre for sexual violence expression. Consequently, all charges against survivors was established, providing Sylvia Blyden before the magistrate court psychosocial support and treatment. were dropped in November. On 30 March, the Ministry of Basic and On 9 December, 17 environmental and Senior Secondary Education announced with land rights activists, members of the Malen immediate effect the lifting of the ban on Affected Land Owners Association, were pregnant girls attending school and sitting discharged after a prolonged trial which exams. In 2019, the ECOWAS Court of followed their arrest in early 2019 after a land Justice had ruled that the ban should be rights demonstration. revoked. In December, the President launched the EXCESSIVE USE OF FORCE first Gender Equality and Women’s Concerns about public order management by Empowerment Policy, partly to normalize the the security forces continued. gender balance within the political process. In April, during the lockdown period imposed to control the spread of COVID-19, RIGHTS OF LESBIAN, GAY, BISEXUAL, there were multiple allegations of police TRANSGENDER AND INTERSEX (LGBTI) brutality on social media, notably against PEOPLE those who went out for essentials like food Male consensual same-sex sexual relations and water. remained a criminal offence under the According to the Freetown Correctional Offences Against the Person Act, carrying a Centre’s July report, 30 prisoners and one maximum penalty of life imprisonment. correction officer were killed, and dozens of LGBTI people continued to suffer people injured during a riot at the Pademba discrimination and stigmatization. Road prison in the capital, Freetown, on 29 April. The prisoners were protesting against RIGHT TO HEALTH overcrowding and COVID-19 restrictions. The Health workers report concluded that the military used In April, the government pledged that health reasonable force to control the riot while workers’ wages would reflect the risks to their

Amnesty International Report 2020/21 317 health posed by COVID-19. According to The rights to freedom of expression and UNICEF, health workers accounted for 10.2% peaceful assembly were further curtailed, of all COVID-19 cases as of July. On 2 July, including via the use of a “fake news” law. doctors stopped treating COVID-19 patients because they had not received compensation BACKGROUND or PPE. On 28 July, the government In July, the People’s Action Party retained announced that health workers would benefit power in general elections with a reduced from a health insurance scheme, and that majority. The country was placed under strict families of health workers who died of lockdown from April to June, in response to COVID-19 would be financially compensated. the COVID-19 pandemic.

Prison conditions FREEDOM OF EXPRESSION Detention facilities were chronically Throughout the year, directives under the overcrowded and the health risks to inmates Protection from Online Falsehoods and were exacerbated by the outbreak of the Manipulation Act (POFMA) – a so-called COVID-19 pandemic. On 27 April, the “fake news” law – were issued against President announced that 235 prisoners government critics. In January, authorities nationwide would be pardoned to ease claimed it was a “coincidence” that the first overcrowding and reduce the risk of cases under POFMA involved political COVID-19 infection. The decision was opponents. In February, Facebook expressed delayed following the in April two concerns over being forced to block a news days later, but on 21 July, 153 inmates were site page under POFMA.1 Independent media released. outlets, including The Online Citizen (TOC) and New Naratif, were repeatedly hit with RIGHT TO A FAIR TRIAL POFMA orders. In September, the Court of On 19 March, former minister Alfred Paolo Appeal reserved judgement on the first legal Conteh was arrested after he entered the challenges to POFMA. State House in Freetown carrying a gun. Two others were also arrested for the incident. MIGRANT WORKERS They were detained at Pademba Road prison In April over 300,000 migrant workers were but on 29 April, following the riot there, they quarantined in overcrowded dormitories due were transferred to an unknown location to the COVID-19 pandemic. Almost all of without access to their lawyers for several Singapore’s cases of infection were among days. In July, Alfred Paolo Conteh was migrant workers. Heavy restrictions on their acquitted of treason but convicted on two movement remained at the end of the year. charges of possession of arms and sentenced In September the acquittal of a domestic to 24 months’ imprisonment by the High worker accused of theft from her employer Court in Freetown. His appeal against the drew attention to access to justice and conviction remained pending at the end of inequality for migrant workers. the year. HUMAN RIGHTS DEFENDERS In March, police investigated human rights lawyer M Ravi and TOC editor Terry Xu for SINGAPORE contempt of court under the Administration Republic of Singapore of Justice (Protection) Act. The investigation Head of state: Halimah Yacob followed the publication of articles on TOC’s Head of government : website regarding Mohan Rajangam, a Singaporean who challenged his extradition to Malaysia in 2015.

318 Amnesty International Report 2020/21 Also in March, the Court of Appeal upheld the conviction of human rights defender SLOVAKIA Jolovan Wham for a Facebook post allegedly “scandalising the judiciary” in 2018. Wham Slovak Republic served one week in jail.2 In August, Wham Head of state: Zuzana Čaputová spent 10 days in jail for organizing a 2016 Head of government: Igor Matovič (replaced Peter event at which Hong Kong activist Joshua Pellegrini in March) Wong spoke. In September, media outlet New Naratif and editor PJ Thum faced police Discrimination against Roma remained investigation for the publication of paid prevalent. The European Court of Human advertisements on Facebook during the July Rights found in favour of two Roma victims elections. In November, Jolovan Wham was of police ill-treatment. A bill restricting charged with “illegal assembly” after posing access to abortion was rejected by on his own for a photo with a smiley face parliament. earlier in the year.3 BACKGROUND LESBIAN, GAY, BISEXUAL, Parliamentary elections on 29 February TRANSGENDER AND INTERSEX (LGBTI) resulted in a new government led by Igor PEOPLE Matovič, who was elected on an anti- Laws continued to discriminate against corruption platform. LGBTI people. A constitutional challenge to In response to the COVID-19 pandemic, the law criminalizing consensual sexual the government declared a state of relations between men was dismissed by the emergency in March and implemented a High Court. wide range of measures to stop the spread of the virus. DEATH PENALTY In April, a former soldier was convicted of Death sentences continued to be imposed, the 2018 murder of investigative journalist including for drug trafficking. In May, during Ján Kuciak and his fiancée Martina the COVID-19 pandemic, a man was Kušnírová, whose deaths sparked widespread sentenced to death in a hearing held online, protests. In September, a court acquitted sparking international attention.4 businessman Marián Kočner, who had been accused of ordering the murder. The journalist had been investigating allegations of corruption, including in relation to the business activities of Marián Kočner. 1. Singapore: Social media companies forced to cooperate with abusive fake news law (News story, 19 February) 2. Singapore: Drop investigations under abusive contempt of court law DISCRIMINATION – ROMA (Public statement, 25 March) Anti-Roma prejudice and discrimination 3. Singapore: Drop charges against peaceful activist (Public statement, remained prevalent as Roma communities 27 November) were stigmatized as a public health threat 4. Singapore: Man sentenced to death on Zoom call (News story, 20 during the COVID-19 pandemic. May) The authorities targeted Roma settlements with disproportionate and discriminatory measures in response to the COVID-19 virus.1 In April, the authorities tested residents of some Roma settlements for COVID-19 with the assistance of the army and ordered the mandatory quarantine of five Roma settlements on the grounds of public health. The legal basis for these mandatory

Amnesty International Report 2020/21 319 quarantines, enforced by the police and investigate alleged discrimination in the army, was unclear, raising concerns of planning of the operation. arbitrary detention. Residents were not promptly informed of the duration and RIGHTS OF WOMEN AND GIRLS conditions of the quarantine. Inadequate Violations of women’s rights, often under the access to water and sanitation in informal guise of protecting religious or traditional Roma settlements and a lack of adequate values, increased. alternative accommodation are long-standing Although Slovakia remains a signatory to problems that were not sufficiently addressed the Convention on preventing and combating by authorities in their response to COVID-19, violence against women and domestic making compliance by the community with violence, parliament has refused to ratify it public health recommendations much more and in February voted to reject the difficult. Convention altogether. Organizations working In July, the Ministry of Education wrote to on violence against women reported an the European Commission regarding ongoing increase in domestic violence following the infringement proceedings against Slovakia for outbreak of the COVID-19 pandemic. systemic discrimination and segregation of The Public Defender of Human Rights Roma children in schools. In the letter, the expressed concerns regarding women’s government acknowledged the existence of access to safe and timely sexual and racial segregation in education in Slovakia reproductive health care during the and set out a series of measures, including pandemic. Some health care providers the preparation of a legal definition of suspended abortions, referring to a segregation. government requirement to postpone non- essential operations in response to EXCESSIVE USE OF FORCE COVID-19. Complaints of excessive use of force and ill- In October, parliament rejected a bill that treatment by police against Roma continued. would have imposed new barriers on access In May, the Ministry of Interior opened an to abortion, and thereby endangered the investigation into allegations that a police health and wellbeing of women and girls. officer beat five Roma children who had briefly left an area under mandatory 1. Stigmatizing quarantines of Roma settlements in Slovakia and quarantine in the village of Krompachy. Bulgaria (EUR 01/2156/2020) In January, the European Court of Human Rights (ECtHR) ruled in A.P. v. Slovakia in favour of a Roma boy who was subjected to ill-treatment by police in 2015 and criticized SLOVENIA the authorities’ failure to effectively Republic of Slovenia investigate his complaint. In March, the Head of state: ECtHR formally requested a response from Head of government: Janez Janša (replaced Marjan Slovakia regarding the alleged ill-treatment of Šarec in March) six Roma boys in a police station in the city of Košice in 2009 (M.B. & Others v. Slovakia). In September, the ECtHR ruled in R.R. Asylum-seekers were denied access to & R.D. v. Slovakia that two Roma residents of asylum; refugees and migrants were forcibly the settlement of Moldava nad Bodvou had returned to Croatia. The COVID-19 been subjected to inhuman treatment during pandemic severely affected care home a police operation in June 2013 in which over residents who accounted for most deaths. 30 people had been injured. The ECtHR also Freedom of peaceful assembly was under found that the authorities had violated the threat. prohibition on discrimination by failing to

320 Amnesty International Report 2020/21 proposed to remove use of force as a RIGHTS OF REFUGEES AND ASYLUM- condition for the commission of offence. SEEKERS However, the proposal does not fully rely on Asylum-seekers irregularly entering the the absence of consent. country continued to be denied access to asylum and were forcibly returned, frequently RIGHT TO HEALTH in groups, to neighbouring Croatia. Such The COVID-19 pandemic severely affected collective expulsions were against the care home residents, accounting for almost principle of non-refoulement, which prohibits 60% of all COVID-19 deaths. The Ministry of states from returning individuals to a country Health was criticized during the first wave where there is real risk of serious human over deciding not to hospitalize care home rights violations. In November, the residents and instead rely on an advance Ombudsman’s Office criticized the treatment medical assessment, allegedly conducted in of hundreds of asylum-seekers by the the care home without patients’ knowledge or authorities. The asylum-seekers were consent, and which may have deprived some detained under inhumane conditions in the people of hospital care. Instead, care homes Centre for Foreigners in Postojna, some had to set up their own isolation units which before being deported to Croatia. There were lacked space, technical equipment and reports of widespread violence and abuse by trained staff. Consequently, they did not Croatian police. adequately protect patients while risking The Administrative Court ruled in exposing other residents and staff to December that the authorities violated the infection. right of a Cameroonian national to seek In August, the Ministry of Health asylum when he was deported without announced new draft legislation on long-term procedure to Croatia and subsequently to care for older people to address the issue of Bosnia and Herzegovina. The Court found insufficient accommodation and care the authorities ignored the man’s asylum capacities for the growing elderly population. request and failed to provide translation, legal assistance or to assess the risk of DISCRIMINATION refoulement, in violation of domestic and EU Roma continued to face widespread law. discrimination, high levels of unemployment In August, the Supreme Court ruled that and social exclusion. Many continued living the accelerated returns of irregularly entering in segregated settlements in inadequate migrants and asylum-seekers to Croatia, housing, lacking security of tenure and based on a bilateral agreement between the access to adequate water, electricity, two countries from 2006, were lawful. The sanitation and public transport. case was referred to the Constitutional Court. In March, the European Court of Human In December, the government proposed to Rights, in a majority decision which largely Parliament changes to the Law on Foreigners ignored the practical obstacles faced by and the Law on International Protection Roma living in informal settlements to access which would further restrict asylum-seekers’, basic services, ruled that Slovenia did not refugees’ and migrants’ access to protection. violate the rights of two Roma families by failing to ensure access to water and VIOLENCE AGAINST WOMEN AND GIRLS sanitation.1 The families claimed their The definition of rape in the Criminal Code communities were consistently denied access remained based on the use of force, threat of to a public water supply based on living in force or coercion, rather than consent, informal settlements. The ruling became final contrary to international human rights law in September after a referral to the Court’s and standards. As part of a wider reform of Grand Chamber was rejected. the Criminal Code, the Ministry of Justice

Amnesty International Report 2020/21 321 All parties to the conflict continued to FREEDOMS OF ASSEMBLY, ASSOCIATION commit serious violations of international AND EXPRESSION humanitarian law with impunity. During anti-government demonstrations Heightened political tensions between between May and December, police federal and regional authorities ahead of the conducted random identity checks, detained 2020/2021 elections prevented the and fined peaceful protesters simply for implementation of necessary judicial, carrying anti-government placards and constitutional and human rights reforms. subjected them to legal proceedings. In November, the authorities considerably INDISCRIMINATE ATTACKS increased fines for organizing and USAFRICOM (the US military’s command participating in public gatherings in defiance responsible for military operations in Africa) of a blanket ban, which was in place continued to use drones and manned intermittently throughout the year. aircrafts to carry out at least 53 airstrikes.1 On 2 February, a US targeted a house in Jilib in the Middle Shabelle region. 1. Slovenia: ECHR judgment is a blow to Roma communities (Press release, 10 March) Nurto Kusow Omar, an 18-year-old woman, died from a shrapnel wound to the head. Her sisters, aged seven and 12, and their 70- year-old grandmother were injured. SOMALIA On 24 February, a Hellfire missile from another US airstrike killed Mohamud Salad Federal Republic of Somalia Mohamud at his farm near Kumbareere Head of state: Mohamed Abdullahi Mohamed (Farmaajo) village on the outskirts of Jilib. During the Head of government: Mohamed Hussein Roble year, USAFRICOM admitted responsibility for (replaced Hassan Ali Khayre in September) killing three civilians and injuring eight others in three separate airstrikes in 2019 and Indiscriminate attacks against civilians and 2020. Although USAFRICOM acknowledged civilian targets continued. Freedom of responsibility for the 2 February killing of expression was suppressed; journalists were Nurto Kusow Omar and the injuring of her threatened, harassed, intimidated, beaten, two sisters and grandmother, it maintained subjected to arbitrary arrests and killed. that Mohamud Salad Mohamud was an Al- Women and girls continued to be subjected Shabaab operative, despite significant to sexual violence. Internally displaced evidence suggesting he was a civilian. None people were disproportionately impacted by of the victims were compensated by the US the COVID-19 pandemic, and faced forced or Somali governments. evictions. In , government critics In April, July and November, USAFRICOM and journalists were censored, harassed and issued its first civilian assessment prosecuted, and attacks on media houses reports. It also established an online civilian continued. casualty reporting portal, which allowed people with internet access to report BACKGROUND allegations of civilian casualties. However, The ongoing conflict between the government there was a need for further safe and and its regional and international partners on accessible mechanisms to ensure one side, and the armed group Al-Shabaab accountability for such attacks, which on the other, combined with a series of constitute war crimes when they target natural disasters and the COVID-19 civilians or civilian objects. pandemic, had a devastating impact on the civilian population, causing further food insecurity and mass displacement.

322 Amnesty International Report 2020/21 occasionally denying journalists access to ABUSES BY ARMED GROUPS government buildings, major events and Al-Shabaab continued to enjoy impunity for scenes of incidents such as Al-Shabaab frequent and indiscriminate attacks targeting attack scenes. Journalists were also denied civilians and civilian infrastructure, including interviews with senior government officials. restaurants and hotels. It also carried out Authorities also failed to effectively investigate targeted killings of those it perceived to have reports of attacks against journalists. links with the government and other people, In February, Abdiwali Ali Hassan, a including journalists. According to the UN, freelance journalist, was shot several times by Al-Shabaab was responsible for 207 out of unknown assailants suspected to be Al- the 596 civilian casualties it had recorded Shabaab members, near his home in between early February and early August. Afgooye, Lower Shabelle region. He died on On 16 August, Al-Shabaab attacked the his way to hospital. In May, Said Yusuf Ali, a popular seaside Elite Hotel in Mogadishu, Kalsan TV journalist, was stabbed to death in detonating a car bomb and indiscriminately Mogadishu by a lone attacker. Media reports firing at residents and staff inside the hotel. suggested the killing was linked to his At least 11 people were killed and 18 injured. coverage of Al-Shabaab activities. In March, Mohamed Abdiwahab Nur UNLAWFUL KILLINGS (known as Abuja), an editor for Radio Hiigsi, In April, a police officer shot dead two people was arbitrarily arrested for the second time in in Mogadishu because they were outside eight days. He was detained incommunicado their homes during the night-time curfew, by the National Intelligence and Security introduced to control the spread of Agency (NISA) without access to his lawyers COVID-19. After protesters took to the streets or family for almost three months. His calling for justice for the victims, the lawyers, other journalists and his family authorities arrested a police officer in believed he was held for criticizing the connection with the killings. He was security forces’ conduct in Mogadishu. On 7 sentenced to death in July by a military court June he was secretly taken to a military court, in Mogadishu. which ordered his transfer to Mogadishu On 27 May, eight health workers, including Central Prison where he was finally allowed to seven who worked at a mother and child see one of his lawyers the following day. He clinic in the village of Gololey in the Middle remained there for a further two months. The Shabelle region, were abducted and killed by authorities said he was detained while they unidentified armed men dressed in Somali investigated his alleged Al-Shabaab military and police uniforms. On 28 May, the membership and involvement in a murder. In then President of Hirshabelle state appointed August he was acquitted by a military court of a seven-person committee to investigate the all charges.3 incident. The outcome of the investigation On 2 April, the NISA used Twitter to had not been made public by the end of the intimidate and harass Harun Maruf, a year. Washington DC-based Somali journalist with the Voice of America. The Twitter posts FREEDOM OF EXPRESSION threatened him with legal action for having Journalists “links that threatened national security” and Two journalists were killed during the year. for “engaging with actions outside the media Journalists were also threatened, harassed, code of conduct.” On 23 April, the NISA intimidated, beaten and arbitrarily arrested announced it had concluded its and prosecuted by the police, military and investigations against the journalist and other government officials throughout south- forwarded his case to the Attorney General. central Somalia and Puntland.2 The In April police arrested Abdiaziz Ahmed authorities restricted access to information by Gurbiye, editor and deputy director of the

Amnesty International Report 2020/21 323 independent Goobjoog Media. He was Farah in Mogadishu. Her attackers then arrested for alleging on Facebook that the allegedly threw her to her death from a government had mismanaged its response to building. The authorities said that during the the COVID-19 pandemic, and that the month of September they had arrested at President had taken a ventilator which had least 11 suspects in relation to the case. been donated to a local hospital. On 29 July, In August, despite the authorities’ pledge he was sentenced to six months in prison by to strengthen laws to protect women and girls the Banadir Regional Court in Mogadishu, from sexual violence, the Federal Parliament but released the same day after paying a fine. introduced the Sexual Intercourse Related In May, the President said he was Crimes Bill which contained provisions that committed to “decriminalizing journalism and breached international law and regional reviewing the Penal Code”, under which standards regarding rape and other forms of journalists frequently faced prosecution, and sexual violence. It also contained flawed to respecting the right to freedom of definitions of offences, and failed to provide expression. However, journalists continued to survivors of rape and other forms of sexual be prosecuted. violence with adequate protection. In August, the President approved amendments to the 2016 Media Law. INTERNALLY DISPLACED PEOPLE Although it contained provisions on The prolonged conflict, droughts, floods and protection and promotion of the right to a locust invasion worsened the humanitarian freedom of expression – including media crisis and resulted in the displacement of freedom – and journalists’ right to safety and over 1.2 million people by November, in security and access to information, other addition to the nearly 2.6 million already provisions threatened these rights. For displaced in the country. example, it criminalized the reporting of a Internally displaced people (IPDs) were wide range of issues and gave the authorities disproportionately affected by the COVID-19 broad and sweeping powers to regulate and pandemic, and were forced to live in severely monitor the media. overcrowded conditions. Many of them In September, the Attorney General earned an income from the informal established a Special Prosecutor to address economy, but COVID-19-related restrictions crimes against journalists. prevented them from earning a living and meeting basic needs, like water, food and VIOLENCE AGAINST WOMEN AND GIRLS sanitary items.4 Security forces and private landowners Sexual violence against women and girls was continued to evict IDPs, despite the widespread in south-central Somalia and in pandemic. According to the UN Office for the Puntland. Attacks often went unreported due Coordination of Humanitarian Affairs, over to the climate of impunity, as well as the 100,000 IDPs had been evicted from their stigma and fear associated with the crime, homes by September, most of them forcibly which prevented many survivors from and with no alternative accommodation seeking justice. offered. They faced difficulty finding housing, The UN documented 45 incidents of and some lived in the open where they were conflict-related sexual violence against four exposed to additional health risks during the women and 41 girls between May and pandemic. August, mostly by unidentified armed men. In April, two girls, aged three and four, FREEDOM OF EXPRESSION IN were raped near Afgooye and left in a nearby SOMALILAND field with serious injuries. In September, a Censorship, harassment and prosecution of public outcry followed the alleged gang rape government critics and journalists, and and murder of 19-year-old Hamdi Mohamed attacks on media houses continued. In June,

324 Amnesty International Report 2020/21 the Somaliland authorities arbitrarily closed violence soared. The asylum system failed the independent Universal TV and Star TV those most in need; immigrants and other stations. The Minister of Information ordered non-nationals were subjected to xenophobic local television cable providers to remove the social media campaigns. COVID-19 put two stations from their receivers and revoke health workers at particular risk of infection their licences. Universal TV was targeted for due to the lack of PPE, while women’s allegedly failing to broadcast Independence access to sexual and reproductive health Day celebrations and events as demanded by services was restricted. Children faced the authorities, and Star TV owners said they significant inequalities and hardship in the were targeted for airing reports and analysis public education system. Millions of people on the condition of a detained former air did not have access to safe drinking water; force pilot, Fouad Youssouf Ali, in and lockdown placed an additional burden neighbouring . In August, the on women having to walk long distances for Information Ministry issued arbitrary fines of water. SOS127,500,000 (US$15,000) and SOS42,500,000 (US$5,000) on Universal TV BACKGROUND and Star TV respectively. Star TV paid the fine The President continued to take a lead in and resumed operations, but Universal TV national and regional efforts to resolve remained closed as of mid-December. political instability and address the need for In June, Abdimalik Muse Oldon, a human rights reforms in Lesotho and journalist, was released from Zimbabwe. Central Prison after spending over a year in The Commission of Enquiry into State prison for criticizing the President on Capture continued to hear testimonies in Facebook. He had been arrested and relation to allegations of corruption and other sentenced to three-and-a-half years in prison abuses of power known as “state capture”, in 2019 and charged with “spreading anti- during former President Zuma’s rule. Jacob national propaganda” and “disseminating Zuma was removed from office in 2018 by false news”. He was released following a the African National Congress (ANC). presidential pardon. On 15 March the President declared a National State of Disaster in response to the COVID-19 pandemic which, in turn, invoked 1. Somalia: Zero accountability as civilian deaths mount from US air strikes (Press release, 1 April) the Disaster Management Act (2002). A 2. “We live in perpetual fear”: Violations and abuses of freedom of national lockdown was imposed on 27 March expression in Somalia (AFR 52/1442/2020) which threatened to undermine rights to 3. Somalia: Authorities must immediately release journalist Mohamed freedom of movement and association, and Abdiwahab Nur (Abuja) (AFR 52/2649/2020) was eased in August. 4. Somalia: Internally displaced people surviving by “the grace of God” The President established a ministerial amidst COVID-19 (Press release, 21 July) team to investigate allegations of corruption connected to COVID-19-related procurements, including PPE and food aid, SOUTH AFRICA which was allegedly distributed by ANC- aligned politicians in a way that favoured Republic of South Africa certain communities. Head of state and government: Matamela Cyril The pandemic forced several media Ramaphosa houses to close, cut down on staff or cut salaries due to the pandemic’s effect on The use by security forces of excessive and advertising revenue. lethal force increased during the COVID-19 lockdown. At least 115 people died in police custody. Incidents of gender-based

Amnesty International Report 2020/21 325 city, after he was assaulted and brutally EXCESSIVE USE OF FORCE beaten by members of the SANDF and the In March, during lockdown, the authorities Johannesburg deployed around 76,000 officers of the South Department. Collins Khosa’s attackers African National Defence Force (SANDF) and claimed he had violated lockdown rules when police officers onto the streets to enforce they found a half-consumed glass of beer in lockdown restrictions. Widespread reports of his yard. The authorities had banned alcohol their use of excessive, and sometimes during lockdown.2 On 19 August, the Military unnecessary, lethal force against the Ombudsman found that SANDF officers population quickly emerged. implicated in the killing had acted The Independent Police Investigative “improperly”. Directorate (IPID), an official oversight body, Between 29 August and 1 September, the received 828 complaints of police IPID arrested three police officers and misconduct between 25 March and 5 May. charged them with the murder of Nathaniel They included 16 deaths in police custody; Julies, a 16-year-old disabled boy, on 26 32 deaths as a result of police action; eight August in Eldorado Park, south of incidents of rape by police officers; 25 Johannesburg. He was allegedly shot by reports of torture in custody; and 589 police officers after he refused to answer their assaults. questions. On 7 April, South African Police Service (SAPS) officers fired rubber bullets at GENDER-BASED VIOLENCE homeless people living in a camp at the Gender-based violence continued to soar and Strandfontein sports grounds in the rate was nearly five times higher than the when they protested against their poor living global average. The President described the conditions, including lack of food.1 increase as “a war” against women. Reports In August, police fired rubber bullets and of rape and sexual assault increased by 1.7% stun grenades at protesters who had in the first quarter of the year, with more than gathered peacefully outside Parliament in 42,000 rapes reported in 2019-2020 and Cape Town to mark the first anniversary of almost 144 sexual offences committed every student Uyinene Mrwetyana’s murder and to day. Such violence increased during the protest the soaring levels of gender-based lockdown period and within the first week, violence. Eighteen protesters were arrested. police had received over 2,300 complaints. Uyinene Mrwetyana had been raped and Twenty-one women were reportedly killed in killed in Cape Town by a male post office June alone, including Tshegofatso Pule, a 28- employee. year-old pregnant woman from Roodepoort town, west of Johannesburg, who was found hanging from a tree with multiple stab Unlawful killings wounds. A man was charged with her murder Elma Robyn Montsumi, a 39-year-old sex and he was awaiting trial at the end of the worker, died in suspicious circumstances in year. custody in Mowbray police station in Cape Town, four days after being arrested on 9 SEXUAL AND REPRODUCTIVE RIGHTS April on suspicion of possessing drugs. The During lockdown, medical and civil society police claimed she had committed suicide organizations documented complaints and the IPID said they were looking into the relating to the lack of availability of, or access circumstances of her case. No one had been to, sexual and reproductive health services, arrested in connection with the case by the including safe abortion. end of the year. Collins Khosa died on 10 April in Alexandra, a township north of Johannesburg

326 Amnesty International Report 2020/21 SAPS officers in 2012 in Marikana, a mining REFUGEES, ASYLUM-SEEKERS AND town in North West Province, were still MIGRANTS waiting for justice and reparation including The asylum system failed those who needed adequate compensation for their loss. The it most and left asylum-seekers and migrants police had responded, using unnecessary in limbo without legal status. The Refugees lethal force, to a strike at the Marikana mine, Amendment Act came into force in January; owned by Lonmin Mine plc, near Rustenburg many argued that it severely undermined the city in the North West province. More than 70 legal and human rights framework for people sustained serious injuries after the refugees, as well as South Africa’s shooting, including permanent disability, international obligations to protect refugees. causing some of them to lose their jobs. During lockdown, the authorities’ failure to abide by their constitutional and international RIGHT TO HEALTH legal obligations towards refugees, asylum- By early August, at least 240 health workers seekers and undocumented migrants was had died after contracting COVID-19.3 On 3 particularly marked. The government’s September, the National Education, Health COVID-19 aid programmes and social relief and Allied Workers’ Union protested outside arrangements were only available to people Parliament against the authorities’ failure to with national identity documents. A legal meet their demands for adequate PPE, and challenge brought by the Scalabrini Centre, a for fair pay to reflect the health risks arising civil society organization, led to some asylum- from their exposure at work to COVID-19. seekers and special-permit holders receiving Their situation was compounded when they a six-month COVID-19 Social Relief of were denied an annual salary increase as a Distress grant in June. Refugees, asylum- result of the weak economy and the bloated seekers and migrants were unable – like civil service wage bill. In July, there was a citizens – to work in the informal economy surge in COVID-19-related deaths among the which had previously sustained them. Only population as a whole, and there were more spaza shops owned by nationals were than half a million confirmed cases allowed to operate during the period when nationwide. The surge in COVID-19 cases lockdown was most strictly enforced. In and deaths accelerated in late December August, the President announced his support during the holiday period. for a 2019 initiative from the Department of Small Business Development to develop RIGHT TO EDUCATION legislation to restrict foreigners from working The public education system, one of the most in some sections of the economy. unequal in the world, continued to be A malicious Twitter campaign, characterized by decaying and dangerous #PutSouthAfricaFirst, evoked a dangerous infrastructure, overcrowded classrooms and xenophobic narrative in the COVID-19 poor educational outcomes that perpetuated context, and targeted African migrants, inequality, particularly among those living in accusing them of stealing jobs and draining poverty. More than 75% of nine-year-olds public health resources. The media reported could not read properly; 50 to 60% got as far that nationals damaged or looted 124 spaza as high school, and of those, only around 40 shops owned by foreigners, and other to 50% passed their matriculation, while just businesses in Thokoza township, south of 14% went to university.4 Johannesburg, in September. Students attending underfunded schools were forced to study in inadequate RIGHT TO TRUTH, JUSTICE AND conditions; hygiene levels were poor and REPARATION children had to use pit latrines which At the end of the year, the families of 34 mine contravened health and safety legislation.5 workers, and 10 others unlawfully killed by

Amnesty International Report 2020/21 327 Educational inequality was further 3. Global: Amnesty analysis reveals over 7,000 health workers have died exacerbated when the pandemic led to from COVID-19 (Press release 3 September) school closures and students in poorer 4. South Africa: Broken and unequal education perpetuating poverty and inequality (Press release 11 February) communities did not have access to remote learning. Meanwhile, the government paused 5. Broken and unequal: The state of education in South Africa (AFR 53/1705/2020) its national school feeding programme that over 9 million learners had benefitted from. The authorities failed to use the school closures as an opportunity to improve school SOUTH KOREA infrastructure. Children and staff who returned to school in August did not have Republic of Korea adequate water, sanitation or PPE, and Head of state and government: Moon Jae-in teaching/learning conditions prevented them from practising physical distancing. Women were subjected to violence and Meanwhile, the government diverted funding abuse online and by public officials. LGBTI which had been promised for the people faced discrimination in media improvement of infrastructure in around reporting on the COVID-19 pandemic, in 2,000 schools to COVID-19-related projects. the military and in education. Logistics companies did not provide adequate RIGHT TO WATER protection for delivery workers who faced According to the government’s National elevated health risks during the pandemic. Water and Sanitation Master Plan, around 5.5 million households did not have access to BACKGROUND safe and reliable drinking water as a result of National Assembly elections took place as poor infrastructure management and a lack planned on 15 April, despite an earlier wave of investment in water services. The of COVID-19 infections, with the Democratic COVID-19 pandemic compounded problems Party winning the majority of seats. Inter- accessing water and the associated health Korean relations deteriorated, as North Korea risks arising from poor hygiene. For example, blamed the South Korean government for people, particularly women, had longer failing to stop civil society groups formed by distances to walk to find safe drinking water. North Koreans who had moved to the South Women from QwaQwa region in the Free from sending politically themed leaflets into State province, in the central eastern part of North Korea using balloons or drones. the country, said their health suffered from carrying heavy buckets of water over long VIOLENCE AGAINST WOMEN AND GIRLS distances. Others relied on rainfall to get Pervasive online violence and abuse against water and some were forced to break women and girls was revealed when the lockdown regulations to get to neighbouring police arrested the main operators of the so- villages, risking fines or arrest, only to find the called “Nth Room", which involved the water was unfit for consumption. distribution of sexually exploitative videos According to official information between through chatrooms in the Telegram March and August, the Department of Water messaging app. The operators and other and Sanitation delivered 18,678 water tanks perpetrators of similar “digital sex crimes” to 158 municipalities and districts, and had blackmailed 1,000 women and girls, 407,665 households. mostly after luring them into providing sexually exploitative photos or videos. The government passed laws directed at 1. South Africa: Use of excessive force against protesters worrying (Press release 9 April) the better protection of women and children 2. South Africa: Call for independent investigation into Collins Khosa’s against sexual exploitation and abuse. In death (Press release 11 June) April, the National Assembly passed law

328 Amnesty International Report 2020/21 revisions which increased punishment for In June, the Justice Party and five digital sex crimes. The age of consent for members of the National Assembly from sexual activity was raised from 13 to 16 other parties co-sponsored a bill towards a without discrimination. A wider range of comprehensive anti-discrimination law, which behaviours involving the possession or use of among other things prohibited discrimination illegally produced sexually exploitative based on sexual orientation and gender content was criminalized. The revisions identity.1 The bill was pending under the removed the statute of limitations for crimes relevant committee of the National Assembly involving the sexual exploitation of children. at year’s end. The NHRCK also made a Multiple elected public officials were submission to the National Assembly, urging involved in cases of alleged abuse of it to adopt comprehensive anti-discrimination authority and sexual misconduct. In April, Oh legislation, as long recommended by the Keo-don resigned as Mayor of the city of international community. Busan after admitting to sexually harassing a Transgender people continued to face woman staff member. In July, Park Won- institutionalized and other discrimination. In soon, Mayor of the capital, , was January, the military authorities dismissed a accused of sexually abusing a former transgender soldier after she underwent secretary, but the police investigation of the gender reassignment surgery. She filed an case ended due to his subsequent death. administrative suit with the court in August, The National Human Rights Commission of after the military authorities had dismissed Korea (NHRCK) then launched an her appeal. Another transgender woman independent investigation into the abuse withdrew from a women-only university after case. In September, two government officials her admission, due to the pressure of were indicted on charges of sexually students opposing her enrolment. assaulting a woman originally from North A case on the constitutionality of Article Korea. 92-6 of the Military Criminal Act, which criminalizes consensual same-sex sexual LESBIAN, GAY, BISEXUAL, activity in the military, remained pending at TRANSGENDER AND INTERSEX (LGBTI) the Constitutional Court. PEOPLE In May, a COVID-19 cluster outbreak among RIGHT TO HEALTH club visitors in Itaewon, a nightlife district in With physical distancing measures in place Seoul, generated media reports that during the COVID-19 pandemic, the demand suggested unfounded links between for delivery services soared. At least 16 infections and sexual orientation. Some delivery workers died from overwork during reports included personal information, such the year according to a coalition of civil as the age, residence, workplace, occupation society organizations, while there were and commuting patterns of individuals, ongoing concerns over the lack of timely impacting on their privacy. The discriminatory health and safety measures for workers in the reports caused stigma against LGBTI people, industry. More than 150 people were infected many of whom subsequently avoided with COVID-19 in outbreak clusters linked to COVID-19 testing for fear of being “outed”. a major logistics centre near Seoul. Civil society called on the government to offer According to media reports, the company anonymous testing, and such tests were failed to provide necessary hygiene expanded to become nationally available. The guidelines, clean uniforms and adequate authorities also revised their practice in personal protective equipment to workers. publicizing personal information, so that third Inmates and staff of correctional facilities parties could not use information such as were at greater risk of COVID-19 infection, as location history to identify individuals. the pre-existing problem of overcrowding persisted. In December, at least 772 people,

Amnesty International Report 2020/21 329 more than one-third of the inmates at the provide significant space for arbitrary police Seoul Eastern Detention Centre, were decisions. Under many circumstances, infected. The authorities also neglected outdoor assemblies within sight and sound of specific health needs of detainees. In May, a key venues, including the National Assembly man suffering from a psychosocial disorder building, the official residence of the Prime died in the Busan Detention Centre after Minister and all levels of courts, remained being constrained and placed in solitary illegal. confinement overnight, while waiting for a COVID-19 test. His family later filed a CONSCIENTIOUS OBJECTORS complaint of ill-treatment with the NHRCK. From 30 June, people objecting to Abortion ceased to be criminalized as the compulsory military service could apply for year ended, following the order of a alternative service for the first time. The Constitutional Court decision in 2019, but newly created Commission for Examination of regulatory frameworks to ensure safe access Alternative Service operating under the to abortion services were not yet developed. purview of the Ministry of National Defense received 1,959 applications. At year’s end, REFUGEES, ASYLUM-SEEKERS AND the commission reviewed only those MIGRANTS applications made on religious grounds and The arrival of nearly 500 asylum-seekers on accepted 730 of them. In October, the first Jeju Island in 2018 had sparked a trend of batch of alternative service personnel started increasingly strict immigration and refugee their 36-month duty, which was much longer policies. The Ministry of Justice subsequently than the average military service and was changed the interpretation of procedures limited only to working in prisons or other provided for in the Refugee Act, thereby detention facilities. excluding transit passengers from applying for asylum at Incheon International Airport. DEATH PENALTY The Incheon District Court ruled in June that On 16 December, the government voted in this exclusion was unlawful, but the ministry favour of the resolution on a moratorium on appealed, and asylum-seekers could be held the use of the death penalty adopted by the at the airport until a final court decision was UN General Assembly (UNGA). South Korea reached. had previously abstained from all seven Reports that individuals were held at the UNGA moratorium resolutions. airport transit zone for months during the COVID-19 pandemic raised concerns among 1. South Korea: New anti-discrimination bill offers hope and safety to domestic legal experts. They noted that such many (News story, 16 July) extended confinement was often without valid reasons and may have constituted arbitrary detention, as it grossly exceeded the necessary time ̶ up to seven days according SOUTH SUDAN to the Refugee Act ̶ for examining the Republic of South Sudan admissibility of asylum applications. Head of state and government: Salva Kiir Mayardit FREEDOM OF ASSEMBLY The National Assembly passed an Thousands of people fled fighting and amendment to the Assembly and sought refuge in neighbouring countries. Demonstration Act in May. The revision did Fighting between ethnic groups, clans and not fully abolish the automatic bans on sub-clans surged across the country and assemblies contained in Article 11, which sporadic clashes between parties to the had been ruled unconstitutional by the armed conflict continued, mainly in the Constitutional Court, and continued to south. All parties to the conflict perpetrated

330 Amnesty International Report 2020/21 serious violations of international human rights and humanitarian law, including the RIGHTS OF REFUGEES AND ASYLUM- killing of civilians, the recruitment and use SEEKERS of children and acts of sexual violence. According to the UN, the armed conflict Impunity for human rights violations displaced over 38,100 civilians during the remained the norm. The security forces year, of whom at least 17,000 fled to continued to arbitrarily arrest and detain Ethiopia, Sudan and Uganda. Hundreds of actual and perceived government opponents people trying to seek refuge in Uganda were and other critics. The government stranded in makeshift structures near the continued to fail in its obligation to respect border and lacked food, adequate shelter, and protect the right to health. medical care and clean water after a COVID-19 outbreak led Uganda to close its BACKGROUND borders between 20 March and 1 October By the end of the year, parties to the 2018 (see Uganda entry).1 According to the UN, revitalized peace agreement had not nearly 110,000 refugees returned to South established the new Parliament, leading to Sudan. delays in the passing of critical legislation. They had also failed to amend crucial laws CONFLICT AND ARMED VIOLENCE like the 2014 National Security Service Act. Fighting, including cattle raiding, between Efforts to reform the security sector were not ethnic groups, clans and sub-clans surged successful, partly because the National across the country, with the alleged Security Service (NSS) – the best-equipped involvement of members of armed groups security force in the country and a key agent and government forces. According to the UN of repression – was left out of the process. In Commission on Human Rights in South February, parties began to form the Sudan, weapons were supplied by state Revitalized Transitional Government of actors. National Unity; however, they did not ensure Reports from the UN Secretary-General that the new executive included a 35% quota said that clashes resulted in the killing of at of women, in accordance with provisions in least 600 people, while around 450 were the agreement. injured and hundreds of thousands were In March, the government imposed an displaced without access to adequate shelter, overnight curfew and travel restrictions, food, water or health care. In June the banned social gatherings and closed President appointed a high-level committee educational institutions as neighbouring to investigate the security situation in Jonglei countries confirmed COVID-19 cases. state and the Greater Pibor Administrative In April, evidence emerged of new small Area, focusing on containing the violence. arms and ammunition imports, violating the UN Security Council’s 2018 arms embargo UNLAWFUL KILLINGS which was renewed for another year in May. Fighting between parties to the conflict In September, the UN peacekeeping continued, particularly in the south. Soldiers mission (UNMISS) started withdrawing from committed serious violations and abuses, three of its Protection of Civilian sites, which including war crimes. They killed civilians, accommodate over 40,000 people displaced committed acts of sexual violence, looted since the conflict began in 2013. civilians’ belongings, burned villages and In October, the government and armed destroyed property and buildings. groups not party to the 2018 peace Consequently, many villages were made agreement resumed peace negotiations uninhabitable, and those internally displaced which had been paused, in part by the by the fighting were unable to return to their pandemic. homes.2

Amnesty International Report 2020/21 331 Inter-communal violence in Jonglei state CHILDREN’S RIGHTS resulted in at least 74 women being killed, In March, the government closed schools to around nine injured, and some 224 control the spread of COVID-19 and only abducted, according to UN figures. In started reopening them in October. Due to Western Equatoria state, the main opposition the closures, over 2 million children were group released 47 women and 26 children, denied access to education and the school- including 12 girls, in January. run feeding and health programmes. The UN There was also a high incidence of gender- said this was in addition to the estimated 2.4 based violence outside conflict situations. In million children out of school before the May, Eye Radio reported that in the capital, pandemic. Juba, three men took an eight-year-old girl Between December 2019 and December from her home after holding her mother at 2020, the UN Country Task Force on gunpoint, gang raped her and dumped her Monitoring and Reporting on Children and unconscious body outside her house. Save Armed Conflict documented 133 grave the Children said that after the schools were violations committed against children by closed in March, there was an increase in armed groups and government security violence against girls, and teenage forces, including the forced recruitment of pregnancies. In July, a media outlet said that children and their use in combat and in Cueibet county, in the Lakes state, two supportive roles like porters, cooks and spies. girls, one of whom was 15 years old, were The Task Force also reported killings, beaten to death by male relatives in relation maiming, abductions and rapes of children. to pregnancies their families disapproved of. At least 28 children died and two were The case of the 15-year-old girl was maimed as a result of explosive remnants of submitted to the High Court and four war. During fighting between ethnic groups in suspects remained on remand in prison. Jonglei state, the UN recorded that at least Early and forced marriages were 16 children had been killed, about nine commonplace and had detrimental effects on injured, and at least 194 abducted. women and girls’ sexual and reproductive health. In July, the media reported that a Child soldiers government soldier killed a 19-year-old Throughout the year, child soldiers were woman in Aweil because she had refused to identified among the members of armed marry him. In September, a High Court in opposition groups and the Presidential Aweil sentenced him to death, and he was Guard3. In February, the government signed transferred to Wau Central Prison. According an action plan with the UN to end and to the UN Population Fund, almost half of prevent all grave violations against children; 18-year-old women were married. several opposition groups committed to In March, the police established a national achieving this goal. Between February and committee to oversee the implementation of May, the UN Task Force supported the its action plan to combat sexual violence. release of 57 children from armed groups and government security forces. IMPUNITY Despite several trials related to sexual GENDER-BASED VIOLENCE violence, impunity for crimes under Between December 2019 and December international law remained the norm and 2020, UNMISS documented 79 incidents of victims lacked access to redress, and conflict-related sexual violence, including medical and psychosocial services. gang rape, rape, sexual slavery and forced In June, the President appointed a former nudity, by government forces, armed groups opposition commander suspected by the UN and community militias. of widespread conflict-related sexual violence, as governor of Western Equatoria

332 Amnesty International Report 2020/21 state. Also in June, according to the UN, arrested and detained in the NSS’ main civilian courts in the towns of Kuacjok and detention facility in Juba, known as Blue Wau convicted a soldier and a police officer House. In June he accessed a lawyer who “of conflict-related sexual violence against filed an application to the High Court in Juba, children.” They were given prison sentences at the end of the month, for him to be of between five and 10 years and ordered to unconditionally released or brought before a pay damages to the families. In September, a court. He suffered poor health and was special court martial established by the army denied medical care until he was released convicted soldiers of nine rapes and two gang without charge on 22 September. rapes involving 11 survivors, despite the fact On 1 May, a journalist was briefly detained that military courts were not competent to while covering a story about motorcyclists deal with the case. who stormed a police station after alleged According to the UN Development police harassment on the roads during the Programme, between October 2019 and enforcement of COVID-19 restrictions. October 2020 a court established to hear sexual and gender-based violence cases and EXCESSIVE USE OF FORCE juvenile cases, concluded 13 out of 369 On 3 June, security forces shot at unarmed registered cases, resulting in one dismissal protesters in Juba’s Shirkat neighbourhood, and 12 convictions. These included three injuring at least two people. The protests were rape cases against government soldiers and sparked by the unlawful killing by soldiers of one rape case against an NSS officer, all four people, including a pregnant woman and unrelated to the conflict. an older man, following a physical The government took no discernible action confrontation over a land dispute involving a to establish the Commission for Truth, relative of the President who succumbed to Reconciliation and Healing, the his injuries later that night. At least 14 Compensation and Reparation Authority and demonstrators were arrested, and illegally the Hybrid Court for South Sudan (HCSS), detained in Juba Central Prison. They were provided for in the 2015 and 2018 peace released in November but charged with agreements. The HCSS is an envisaged AU- offences against public order and public backed tribunal with a mandate to investigate nuisance. and prosecute crimes under international law and other serious violations committed since DEATH PENALTY December 2013. Death sentences continued to be handed down and executions were carried out. On 14 ARBITRARY ARRESTS AND DETENTIONS July, the Court of Appeal quashed the death The NSS and the Military Intelligence sentence against Magai Matiop Ngong on Directorate continued to arbitrarily arrest grounds that he was a child at the time of his actual and perceived government opponents crime in 2017, and ordered that his case be and other critics, including journalists and sent back to the High Court to rule on an civil society members, and to hold them in appropriate sentence. He was removed from prolonged arbitrary detention in harsh death row on 29 July and remained on conditions without charge or prospect of trial. remand in Juba Central Prison pending Detainees were denied the right to have their appeal before the Supreme Court by the detention reviewed by a court4. Those family of the man he killed. suspected of criminal responsibility for these violations acted with impunity. RIGHT TO HEALTH On 29 May, Kanybil Noon, a civil society The right to health remained under serious representative on the Strategic Defense and threat. Public health facilities were under- Security Review Board, a body created under resourced, and according to the UN, 56% of the 2018 peace agreement, was arbitrarily the population did not have access to primary

Amnesty International Report 2020/21 333 health care services. The public health sector was underfunded and received only 2.8% of 1. : People seeking safety are trapped at borders due to COVID-19 measures (Press release, 22 June) the national budget (around US$14 million). 2. South Sudan: UN arms embargo must be maintained after surge in Medical equipment for COVID-19 treatment, violence against civilians in 2020 (Press release, 30 November) such as ventilators, and personal protective 3. Systematic harassment of civil society, journalists, private sector and equipment for health workers was lacking. critics by South Sudan’s intelligence agency (AFR 65/2727/2020) Media outlets reported that at the onset of the 4. Accountability critical to ending grave human rights violations in pandemic in South Sudan in April, the South Sudan (AFR 65/3105/2020) country only had four ventilators for an 5. Exposed, silenced, attacked: Failures to protect health and essential estimated 11 million people. workers during the COVID-19 pandemic (POL 40/2572/2020) Post-traumatic stress disorder was widespread in the population, but access to mental health and psychosocial support services remained extremely limited. As a SPAIN result, people with mental health conditions Kingdom of Spain were routinely housed in prisons. Head of state: Felipe VI Head of government: Pedro Sánchez Health workers The government failed to protect the rights of health workers during the COVID-19 Health care workers lacked adequate pandemic. They had insufficient access to personal protective equipment at the PPE and suffered under huge workloads. beginning of the pandemic. COVID-19 Doctors on the government payroll were not deaths among older people were paid between February and May and did not disproportionate. Police officers issued receive welfare packages or medical cover. In more than one million fines and subjected May, doctors held a one-day strike, after some individuals to arbitrary punishments which the government offered them for COVID-19 lockdown breaches. SSP10,000 (US$40) as a lump sum to cover Allegations of excessive use of force by law part of the salary arrears. Some doctors who enforcement officers policing protests refused to accept the offer were threatened continued. There was a significant rise in with dismissal.5 calls to helplines by women at risk of gender-based violence. Lack of affordable DENIAL OF HUMANITARIAN ACCESS housing and homelessness remained a The humanitarian crisis was compounded by major concern. Migrants and refugees were inter-communal violence, the COVID-19 confined to overcrowded facilities in Melilla pandemic and floods, which affected about during lockdown. half the country. Up to 1.7 million people remained internally displaced, and an BACKGROUND estimated 6 million people, over half the In January, a new coalition government was population, were acutely food insecure. sworn in comprising the socialist party Millions of people had limited or no access to (PSOE) and the left-wing Unidas . safe water and sanitation, adequate health On 14 March, three days after the World care and related services. Health Organization declared the COVID-19 The crisis was exacerbated by attacks on outbreak a global pandemic, the government aid workers between January and November approved a Royal Decree establishing a state of whom nine were killed. Humanitarian of emergency. The decree granted organizations reported that there were 459 emergency powers to enforce lockdown incidents which impeded humanitarian regulations and was extended on six access. Aid workers were frequently robbed occasions until 21 June. In October, an and attacked on main roads.

334 Amnesty International Report 2020/21 additional state of emergency was adopted older people in the care homes rather than for six months. transferring them to hospitals were In June, Parliament adopted the Minimum discriminatory and violated the right to Subsistence Income, a benefit intended for health. people living in severe poverty. At the height of the pandemic some older Spain accepted most of the people living in care homes were confined to recommendations made under the UN their rooms, with little or no contact with their Universal Periodic Review, including those families, for an indefinite period and without referring to freedoms of expression and effective supervision by the national and peaceful assembly, as well as those relating regional authorities, resulting in violations of to past human rights violations.1 their human rights. Throughout this time, Assistance to victims of gender-based health care workers’ associations expressed violence was considered essential and a concerns about persistent staff shortages and Specific Contingency Plan was approved to the failure to provide sufficient quality PPE to ensure that such services remained available staff, as well as the inadequate provision of during the lockdown. medical care to people living in care homes In March, the government announced a in the first months of the pandemic.2 draft law on sexual violence that included a new legal definition of rape to comply with WOMEN’S RIGHTS international human rights law. During the lockdown, there was a 60% increase in women calling the support RIGHT TO HEALTH helplines against gender-based violence run By the end of the year, at least 93,000 health by the Ministry of Equality, compared to the workers had contracted COVID-19, same period the previous year. Online accounting for 5.1% of cases; 89 died as a consultations with women seeking safety result. Over 78% of infected health care during the lockdown increased by 586%. workers were women. Forty-five women were killed by their partners During the first weeks of the pandemic, or former partners. there was a shortage of quality personal protective equipment (PPE). As a result, RIGHT TO HOUSING health care workers were frequently forced to Many people, especially in low-income areas, resort to inadequate PPE or to reuse items continued to face challenges in accessing designed for single use. Health care workers adequate housing. Royal Decree Law 8/2020 in settings outside hospitals, such as primary and Royal Decree Law 11/2020, both care medical centres and care homes, adopted in March, established a three-month received PPE later than staff in hospitals. moratorium on mortgage payments for Additionally, during the first three months particularly vulnerable people and a six- of the pandemic, health care workers only month moratorium on rental payments had limited access to COVID-19 tests. respectively. The decrees also suspended eviction procedures for vulnerable Rights of older people households without alternative housing. Royal As of November, around 20,000 older people Decree Law 30/2020 adopted in September had died from COVID-19 in care homes; they extended this suspension until January 2021. comprised approximately 50% of all In April, the UN Special Rapporteur on COVID-19 deaths reported until that period. It extreme poverty and human rights was estimated that around half of the deaths recommended that Spain introduce new of older people in care homes occurred in the legislation to guarantee the right to housing. capital, , and in . There were The Rapporteur also recommended greatly concerns that referral protocols in both increased investment in public housing and regions which recommended treating sick fiscal disincentives for leaving housing

Amnesty International Report 2020/21 335 vacant, as well as increased rent-control Public Security, criminalizing some legitimate arrangements in key cities. forms of protests, were in line with the Constitution, but found that the requirement EXCESSIVE USE OF FORCE of prior authorization in the use of video The 2015 Law on Public Security, which recordings of the police limited the right to limits freedoms of expression, assembly and . information, continued to be enforced, adding to the coercive powers of security RIGHTS OF REFUGEES, ASYLUM- forces. SEEKERS AND MIGRANTS During the state of emergency, and until Following the declaration of the state of 23 May, law enforcement officials issued over emergency, eight migration detention centres one million fines and arrested 8,547 people were closed, and irregular migrants were for breaches of lockdown. There were reports released to help prevent the spread of of excessive and disproportionate use of force COVID-19. Alternative accommodation was by law enforcement officials to ensure provided. However, in June, the government compliance with lockdown rules. Law announced the progressive re-opening of enforcement officials lacked clear criteria to detention centres due to the increase of use their powers and applied them arbitrarily, arrivals by sea. for example by imposing fines on journalists While the total number of people arriving who were carrying out their job and against irregularly in Spain grew by 29%, in people who were homeless or experienced comparison to 2019, irregular arrivals in the other specific marginalization.3 Canary Islands increased by 756.8%. In June, the government revealed that four Between June and November, lack of internal investigations into the National Police adequate and sufficient accommodation were ongoing and that 41 Civil Guards had resulted in many refugees and migrants been sanctioned for their actions during the spending several days outdoors on the docks state of emergency. in unsafe conditions. In October, the European Court of Human The number of asylum applications Rights found that Spain had violated the right dropped significantly due to restrictions of to freedom of assembly and association in movement and border closures. From the case of a woman who had been left January to November, 84,705 people permanently injured after police forcefully submitted asylum applications; 39,839 of dispersed a spontaneous peaceful protest those were women and 15,206 were minors, against austerity measures and compared to more than 117,000 people in unemployment in 2014. 2019. Concerns remained about the backlog Investigations into allegations of excessive of asylum applications, with 99,105 cases use of force by law enforcement officials pending in November. Lockdown restrictions during the October 2017 protests in Catalonia compounded disruptions to asylum remained open at the end of the year. interviews and renewal of documents. Asylum-seekers encountered difficulties in FREEDOMS OF EXPRESSION AND obtaining an appointment to formalize their ASSEMBLY asylum application. At the end of the year, Jordi Sánchez and Asylum-seekers and migrants continued to Jordi Cuixart, presidents of two pro- live in overcrowded reception conditions and independence organizations in Catalonia, without adequate protection from COVID-19. remained in prison after being convicted for The Centre for Temporary Stay of Immigrants sedition in connection with protests and the in Melilla remained at overcapacity during the referendum on independence in 2017. pandemic, accommodating up to 1,600 In November, the Constitutional Court people, including minors and lesbian, gay, found that offences foreseen in the Law on bisexual, transgender and intersex people.

336 Amnesty International Report 2020/21 Despite the health risks, transfers of people criminal investigators were increasingly from Melilla to mainland Spain were limited. intimidated and harassed. There were In July, the Spanish Supreme Court reports of deaths in custody and reiterated that asylum-seekers had a right to extrajudicial executions. Violence against freely move across Spanish territory and women remained widespread. Minority access the mainland from Ceuta and Melilla, Malayaha Tamil labourers suffered upholding 22 lower court decisions. However, disproportionately from loss of wages during the government continued its containment the COVID-19 pandemic and their efforts to policy in both Ceuta and Melilla at the end of secure better pay were halted. the year. In February, the European Court of Human BACKGROUND Rights found that Spain had not breached The election results of 2019 sparked the European Convention on Human Rights concerns among human rights defenders in when it summarily expelled two men from light of allegations of gross human rights Melilla to Morocco in 2014. violations under during In November, the Constitutional Court his 2005-2015 presidency. His brother, upheld the constitutionality of the provision President , had served allowing for border rejections of people as the Secretary to the Minister of Defence attempting to enter the Spanish enclaves of during the last phase of the internal armed Ceuta and Melilla, provided that it applies to conflict, which ended in 2009. Both parties individualized entries, border rejections are to the conflict – the Sri Lankan armed forces subjected to judicial review and carried out in and the Liberation Tigers of Tamil Eelam compliance with international law. (LTTE) – were accused of war crimes and other serious violations and abuses of international human rights law. 1. The authorities must fulfil their commitments and take measures to guarantee the right to freedom of expression and peaceful assembly - Soon after the elections, the new Human Rights Council adopts Universal Periodic Review outcome on government announced its intention to Spain (EUR 41/2732/2020) withdraw support for UN Human Rights 2. Spain: Older people in care homes abandoned during COVID19 Council resolution 40/1 and all linked pandemic (Press release, 3 December) resolutions promoting post-war reconciliation, 3. Human rights violations during the state of emergency (in Spanish accountability and human rights in Sri Lanka. only, Violaciones de derechos humanos durante el estado de alarma, June) In October, the Constitution was amended, with serious implications for independent institutions including the national Human Rights Commission and the Police SRI LANKA Commission, as well as the independence of the domestic judiciary and the police. Democratic Socialist Republic of Sri Lanka Head of state and government: Gotabaya Rajapaksa ENFORCED DISAPPEARANCES The government announced its intention to There was continued impunity for violations review the Act establishing the Office on committed during the internal armed Missing Persons (OMP), the permanent body conflict, and the government failed to established during the previous government uphold commitments to the UN Human in line with commitments to the UN Human Rights Council around justice and Rights Council with a mandate to investigate reconciliation. As such, justice stalled and the fate of “the missing” in the country. In impunity prevailed, including in cases of January, the practice of issuing interim relief killings and other violations allegedly linked to families of the disappeared, as to the ruling Rajapaksa family. Human recommended by the OMP and carried out rights defenders, journalists, lawyers and during the previous administration, was

Amnesty International Report 2020/21 337 discontinued, putting these families under party, boasted of killing some 2,000 to 3,000 further financial strain. Sri Lankan Army personnel in one night Lawyers involved in cases of enforced during the armed conflict. Although the disappearance, especially the so-called Navy police began investigations into the 11 case and the Navatkuli case, faced statement, they did not investigate war intimidation and attacks on social media. In crimes he allegedly committed. The both cases, members of the Sri Lankan investigation had not produced an outcome armed forces were suspected perpetrators. by the end of the year. Vinayagamoorthi The cases saw little progress during the year. Muralitharan was later given a position in After months of delays, the court case for the Prime Minister Mahinda Rajapaksa’s disappearance of journalist Prageeth personal staff. Several military officers who, Eknaligoda began at the Permanent High according to the findings of various UN Court Trial-at-Bar. During the trial, witnesses investigations, could be responsible for appeared before the President-appointed crimes under international law were also Commission of Inquiry on “political promoted during the year and appointed to victimization”, leading to concerns that the powerful positions within the administration. parallel inquiry would interfere with the During the year there was a further ongoing court case. In December, the crackdown on law enforcement officers President appointed the Chairman of the pursuing accountability for human rights Commission as the new Chairperson to the violations. Immediately after the presidential OMP, raising further fears around the future, election, more than 700 criminal investigators commitment and independence of domestic were banned from leaving the country. Shani mechanisms. Abeysekara, former Director of the Criminal Investigations Department (CID), was IMPUNITY arrested in July over allegations of concealing Little or no progress was made towards evidence. A sub-inspector who made the accountability for violations and abuses allegation later confessed to a magistrate that committed during the armed conflict and in he was pressured into framing Shani the post-conflict period. Sri Lanka failed to Abeysekara. During his time at the CID, establish a judicial mechanism with special Shani Abeysekara pursued many criminal counsel to investigate allegations of violations cases involving human rights violations, some of human rights and international allegedly linked to the Rajapaksa ruling humanitarian law as promised at the UN family. While in custody, Shani Abeysekara Human Rights Council. There was no notable tested positive for COVID-19, but was progress in the investigations of the killings of withheld prompt access to medical care at a journalist in 2009 hospital for days. and sportsman Wasim Thajudeen in 2012. In March, President Gotabaya Rajapaksa FREEDOMS OF EXPRESSION AND pardoned Sergeant Sunil Rathnayaka, who ASSOCIATION was convicted and sentenced to death by a Human rights defenders, journalists, lawyers Sri Lankan high court in 2015 for the and criminal investigators came under December 2000 murder of eight Tamil increased intimidation and harassment civilians, including three children, in the during the year. Law enforcement officials village of Mirusuvil, Jaffna. The pardon was in paid unannounced visits to human rights line with the President’s campaign pledge to organizations and enquired about their work acquit and release those who he called “war and funders. At least 18 such visits were heroes” being held on “baseless” charges. recorded in the north, east and west of Sri In June, Vinayagamoorthi Muralitharan Lanka during the year and 13 incidents of (known as Karuna), former deputy leader of intimidation of journalists. Dharisha Bastians, the LTTE and current supporter of the ruling former editor of a state-owned newspaper

338 Amnesty International Report 2020/21 and New York Times correspondent, was the safe management of a corpse in the under investigation for reporting on various context of COVID-19. cases and human rights issues. In April in the context of the COVID-19 EXCESSIVE USE OF FORCE AND pandemic, the police announced that they EXTRAJUDICIAL EXECUTIONS would take legal action against those who Incidents of were recorded in publish posts on social media criticizing many parts of the country. In one incident in government officials and obstructing their the south, the victim was a Muslim child with duties. Several social media commentators disabilities. In the north, Tamil ethnic were arrested following the announcement. minorities were targeted. Ramzy Razeek was arrested and detained At least 14 prisoners died and more than after peacefully expressing himself in a 100 were injured when the authorities used Facebook post. His health deteriorating, he lethal force to control protests against the was granted bail five months later. The spread of COVID-19 inside several prisons. investigation against him was continuing at Detainees in police custody too were shot the end of the year. The 2019 case against dead, allegedly while trying to escape. People short story writer Shakthika Sathkumara also allegedly involved in drug-related crimes were remained pending. Hejaaz Hizbullah, a extrajudicially executed, reportedly during prominent lawyer, was arrested in April on “crossfire” with the police. suspicion of offences under Sri Lanka’s draconian Prevention of Terrorism Act (PTA). VIOLENCE AGAINST WOMEN AND He continued to be arbitrarily detained at the CHILDREN end of the year without any evidence of There was continued impunity for sexual and wrongdoing produced in court. Muslim poet gender-based violence, despite repeated Ahnaf Jazeem was arrested under the PTA assurances by consecutive governments to for a collection of poems he published. He tackle the issue. A total of 142 rapes and 42 continued to be held in custody without legal cases of “serious sexual abuse” against representation at the end of the year. The children were reported to the police in just PTA remained in use despite the previous the first 15 days of the year. government’s pledges to repeal and replace the law, which was used arbitrarily against DISCRIMINATION the minority Muslim population following Malayaha Tamil estate labourers and their bombings on 21 April 2019. families continued to suffer marginalization Thousands of people were arrested for and poverty. They were particularly affected violating the COVID-19 curfew, despite it by the lack of income during the COVID-19 having no legal basis. Police also used pandemic. Many relied on loans or were excessive force to arrest activists peacefully forced to pawn jewellery to cover basic living carrying out a Black Lives Matter solidarity expenses. Many young people from the protest in strict observance of COVID-19 community lost their daily wage jobs in towns guidelines, without first giving the protesters and cities. Children in plantation estates were the opportunity to disperse voluntarily. deprived access to online education during The pandemic also led to an increase in the pandemic because of a lack of anti-Muslim rhetoric in social and computers and internet access in their mainstream media, in some instances by homes. In spite of record profits for Sri senior government members. The authorities Lanka’s tea exporters of LKR353 billion carried out forced cremations (forbidden by (US$1.9 billion) in 2019, the call by Tamil the Muslim faith) of Muslims who died from labourers for an increase from LKR700 COVID-19, despite domestic directives at the (US$3.8) to LKR1,000 (US$5.4) a day was time allowing for burials. WHO guidelines rejected. The tea companies blamed the allowed for either burials or cremations for pandemic for stalling talks with the

Amnesty International Report 2020/21 339 government over workers’ pay, despite failed to adequately protect civilians in President Rajapaksa’s promise to secure a Darfur, South Kordofan and eastern Sudan wage increase. from serious human rights abuses arising from armed attacks by militias. LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) BACKGROUND PEOPLE A year after the 2019 overthrow of President Sections of the Penal Code that prohibit Omar al-Bashir, the transitional government “carnal intercourse against the order of continued to struggle to address the former nature” and “gross indecency between government’s legacy of corruption, economic persons” continued to be used to persecute, crisis, past human rights violations, and lack harass and discriminate against LGBTI of justice and accountability. people. Rights organizations reported in In March, the government declared a October that at least seven LGBTI people had national health emergency in response to the been subjected to forced anal and vaginal COVID-19 pandemic, introducing measures examinations by the police and Judicial including an overnight curfew, movement Medical Officers since 2017 in an attempt to restrictions and border closures. prove allegations of same-sex sexual In August, a peace agreement was signed relations. between the government and the Sudan Revolutionary Front, an alliance of nine DEATH PENALTY armed political groups based throughout the In 2019, former President Maithripala country, including in the conflict-torn areas of Sirisena signed death warrants for four death Blue , Darfur and South Kordofan. Some row prisoners who had been convicted of armed groups did not sign the agreement. drug-related crimes. The Supreme Court The Sudan Liberation Movement/Army-Abdul granted a temporary reprieve while cases Wahid Nur in Darfur refused to participate in challenging the order were heard in court. any peace talks. Also, no agreement was The case was ongoing at the end of 2020 reached with the Sudan People’s Liberation and the stay of executions was extended. Sri Movement-North which controlled parts of Lanka has not carried out any executions South Kordofan and Blue Nile. since 1976. RIGHTS OF WOMEN AND GIRLS The government took steps to improve the protection of women's and girls’ rights. In SUDAN June, it adopted a National Action Plan for Republic of the Sudan the Implementation of UN Security Council Head of state: Abdel Fattah al-Burhan Resolution 1325 on women, peace, and Head of government: Abdalla Hamdok security, which provides guidance on preventing gender-based violence in armed Positive legal reforms were instituted, conflict and increasing women’s participation including abolition of some forms of in the peace processes. corporal punishment, and criminalization of In July, the government introduced female genital mutilation (FGM). Security legislation criminalizing the practice of FGM. forces used excessive, and sometimes lethal, force against protesters. Opposition EXCESSIVE USE OF FORCE activists and officials of the deposed former In September, police used live ammunition to government of Omar al-Bashir were disperse demonstrators in the town of Nertiti subjected to prolonged arbitrary detention. in Central Darfur, killing two protesters and COVID-19 lockdown measures left millions injuring four others. The demonstrators were in need of relief assistance. The authorities protesting against the government’s failure to

340 Amnesty International Report 2020/21 protect civilians after unknown assailants In July, the government introduced legal attacked their community, killing a 14-year- reforms to protect certain rights. It abolished old girl and a 24-year-old man, earlier that some provisions in the 1991 Criminal Act, day. The Central Darfur State Security including the use of flogging and some forms Committee promised to investigate the two of corporal punishment as penalties for incidents. There was no further information various crimes, and introduced legislation to on the investigation at the end of the year. decriminalize apostasy. RIGHT TO TRUTH, JUSTICE AND ARBITRARY DETENTION REPARATION At least 40 people remain arbitrarily detained, The National Committee of Inquiry, including opposition activists and members established to investigate the killing and of the former government. injuring of protesters on 3 June 2019, had On 2 June, Muammar Musa Mohammed not concluded its work by the end of the year. Elgarari, an opposition activist and leader of On that day, members of the Rapid Support the Group, was arrested in Forces and other security forces fired live Khartoum for allegedly harassing members of ammunition at peaceful protesters outside the Committee for Removal of Empowerment. the military headquarters in Khartoum, killing The Committee had been established to at least 100 and injuring 700 others. Many dissolve the NCP and confiscate its property. survivors and relatives of those killed were He remained in detention without charge in a not optimistic that the Committee would police station in Khartoum North at the end provide them with justice and reparation. of the year. In February, the government announced At least 40 NCP senior party leaders and that former President Omar al-Bashir should members, who had been detained without appear before the ICC on charges related to charge for 14 months, were finally charged war crimes, crimes against humanity and and brought before a special criminal court in genocide carried out in Darfur. The ICC July. They had been arrested following the issued arrest warrants for Omar al-Bashir in 2019 military coup, after which they were 2009 and 2010. It also issued arrest warrants held in Kober prison. In June 2020, the for two other officials in Omar al-Bashir’s Attorney General announced that at least five former ruling National Congress Party (NCP) cases would be submitted to the courts over — Ahmad Harun in 2007 and Abdel Raheem the following weeks, including those involving Muhammad Hussein in 2012. However, the suspects accused of serious human rights transitional government continued to fail to violations committed during the years under meet its obligation to surrender them to the Omar al-Bashir. The first trial began on 21 Hague court, and still had not ratified the July and related to the 1989 military coup Rome Statute of the ICC. that brought Omar al-Bashir to power. It was In June, Ali Muhammad Ali Abd-Al- ongoing at the end of the year. Rahman (also known as Ali Kushayb), a former senior commander of the Janjaweed ECONOMIC, SOCIAL AND CULTURAL militia, surrendered to the ICC to answer RIGHTS charges of war crimes and crimes against Doctors and other health workers were humanity allegedly committed in Darfur. physically and verbally attacked by patients or their relatives who blamed them for the TORTURE AND OTHER ILL-TREATMENT government’s mishandling of the COVID-19 Despite the widespread practice of torture pandemic.1 In May, the Central Committee of during the past 30 years, the government Sudanese Doctors reported 28 attacks on had not ratified the UN Convention against health workers nationwide between March Torture. and May. In June, the government passed legislation to protect health workers, and

Amnesty International Report 2020/21 341 deployed dedicated security forces to prevent On 13 July, 10 protesters were killed in further attacks. Fata Borno camp for internally displaced Between 18 April and early June, the people in North Darfur, and at least 17 authorities imposed a 24-hour lockdown in people injured, during an attack by an armed Khartoum, although people were still allowed militia group, thought to be affiliated with to leave their homes to buy essentials. government security forces. The attack took Thousands who worked in the informal place as protesters staged a peaceful eight- economy struggled to earn a living when day sit-in to demand, among other things, movement between states was restricted. The better security, protection for their crops from measures put human rights at risk, militia and other armed group attacks, and particularly the rights to food, health, water the dismissal of officials affiliated with the and sanitation, of groups facing former government.3 marginalization and discrimination like On 25 July, at least 60 people from the internally displaced people, refugees, Massalit ethnic group were killed and more migrants, women and children. In than 54 wounded in a reprisal attack by an September, the UN Independent Expert on armed group in and around the village of the Situation of said Masterei in West Darfur. The Sudanese that 9.3 million people needed humanitarian authorities failed to intervene or to prevent assistance, an increase from 5.2 million in the attack, which lasted several hours. 2015. Although the authorities announced they would investigate the attack, no findings were RIGHT TO HEALTH made public by the end of the year. The COVID-19 pandemic exposed the extent of under-investment in the public health 1. Exposed, silenced, attacked: Failures to protect health and essential system. Hospitals were found lacking key workers during the COVID-19 pandemic (POL 40/2572/2020) equipment for PPE and ventilators. 2. Sudan: UN and AU must prioritize protection of civilians in Darfur (AFR 54/2351/2020) UNLAWFUL KILLINGS 3. Sudan: Promptly investigate protester killings at Fata Borno (Press The violence in Darfur, South Kordofan and release, 14 July) eastern Sudan continued. Inter-communal violence resulted in unlawful killings, sexual violence, torture and other ill-treatment, destruction of property and burning and SWEDEN looting of villages. At least 20 incidents were Kingdom of Sweden reported by the end of the year. The security Head of state: Carl XVI Gustaf forces and the government repeatedly failed Head of government: Stefan Löfven to provide protection for civilians or to intervene in a timely manner to prevent the COVID-19 deaths occurred escalation of fighting and human rights disproportionately among older people and abuses. in immigrant communities. Despite the On 21 April, residents of the village of pandemic, authorities carried out hundreds Tamar Bol-Jimeil, north-east of Zalingei in of evictions. Central Darfur, were attacked by members of a militia from the neighbouring nomadic DISCRIMINATION Rizeigat Arab ethnic group. Some of the In June, “Black Lives Matter” protests took attackers were said to have been wearing place in several cities. The Minister for military uniforms. Two people were killed and Gender Equality publicly acknowledged that 14 injured. At least 18 houses were burnt people of African descent and ethnic down and more than 400 families reportedly minorities faced discrimination in accessing temporarily displaced.2

342 Amnesty International Report 2020/21 employment, housing, education and health care. RIGHT TO SEEK ASYLUM Authorities continued to forcibly return to Right to health Afghanistan people whose asylum At year’s end, 7,389 people aged over applications were rejected, in risk of violating had 70 died from COVID-19, out of a total of the principle of non-refoulement (forcible 8,154 deaths. Almost 6,000 of them were return of individuals to a country where they care home residents or had received care at risked serious human rights violations). home. The Health and Social Care Inspectorate and the National Corona TORTURE AND OTHER ILL-TREATMENT Commission identified failures in carrying out In its October review, the UN Committee individual medical assessments in care Against Torture repeated its long-standing homes and shortages of personal protective criticism of Sweden for failing to define or equipment for staff as contributing factors. criminalize torture in domestic law. In June, public health research indicated that the number of older people in some CORPORATE ACCOUNTABILITY immigrant communities dying from COVID-19 In June, the Swedish Prosecutor confirmed was disproportionately high. Initial studies the completion of an investigation into two suspected a link between higher mortality representatives of oil company Lundin Energy risk and the crowded living conditions (formerly Lundin Petroleum) for alleged experienced by some immigrant complicity in serious violations of communities, combined with the exposure international law in what is now South Sudan. risk of employment in the service sector.

Right to housing and forced evictions Between February and mid-December, SWITZERLAND despite the COVID-19 pandemic, the Swiss Confederation authorities carried out 4,621 evictions, which Head of state and government: Simonetta Sommaruga was a 6% increase over the same period the previous year. The police forcibly evicted EU nationals living in informal settlements in the Parliament adopted draconian anti-terrorism capital , many of whom were laws. The government’s COVID-19 response Roma. The authorities failed to offer disproportionately limited the right to alternative accommodation. freedom of expression. Parliament began reviewing the relating to sexual Sami Indigenous People offences; Swiss citizens voted to include In January, the Supreme Court ruled that the sexual orientation in hate-speech Sami village of Girjas had the exclusive right legislation. The government refused to to manage fishing and hunting licences for resettle more refugees from the Greek their traditional lands. Following the ruling, islands, and temporarily suspended asylum hate speech on social media against Sami applications at borders due to COVID-19. A people was reported. landmark referendum calling for mandatory human rights due diligence for GENDER-BASED VIOLENCE multinational companies was held. In June, a review of Sweden’s 2018 consent- based rape legislation was published showing BACKGROUND a significant increase in the number of Between March and June, the government prosecutions and convictions for rape since ruled by emergency powers in response to the law’s introduction. the COVID-19 pandemic, impacting a range of rights such as freedom of assembly and

Amnesty International Report 2020/21 343 movement. Despite pressure by numerous In July, hate speech legislation was organizations and associations, by year’s end, extended to criminalize advocacy of hatred no comprehensive, independent study had and discrimination based on sexual been commissioned to determine measures orientation, following a referendum in favour to provide maximum protection to health of the change. workers in Switzerland.1 The Senate (2nd Chamber) accepted a government proposal RIGHTS OF REFUGEES AND ASYLUM- to create an independent national human SEEKERS rights institution; the proposal was expected There were allegations of disproportionate to go to the other Chamber in 2021. In use of force by security staff at federal September, Parliament decided to reduce asylum-seeker reception centres.5 By greenhouse gas emissions by 50% below December, no independent investigations 1990 levels by 2030. had been announced or conducted. During the closure of the border with Italy from mid- UNFAIR TRIALS March to mid-May, asylum applications at the In May, the Council of Europe Human Rights borders were suspended, except for Commissioner and UN experts criticized vulnerable people, as part of COVID-19 proposals for “draconian” new anti-terrorism emergency measures. laws.2 In September, Parliament adopted the In March, a parliamentary initiative calling laws which pre-emptively restrict a person’s for the introduction of a humanitarian clause liberty without charge or trial, and included a in the legislation which penalizes vague and overly broad definition of “Encouraging unlawful entry, exit or an “terrorism”. unlawful period of stay” was rejected. In July, the Federal Court upheld the convictions for FREEDOM OF ASSEMBLY “facilitation of unlawful entry” of human At the start of the pandemic, the police rights defenders Anni Lanz and Lisa Bosia lacked clear guidelines to implement Mirra, who had helped asylum-seekers in emergency measures and disproportionately need to enter Switzerland. limited protesters’ right to freedom of The government refused to accept more peaceful assembly by imposing blanket bans refugees from the Greek islands, although on demonstrations in public and handing out several major cities offered relocation places. fines in certain cantons. 3 Exceptions included 54 unaccompanied minors with family ties to Switzerland who GENDER-BASED VIOLENCE were relocated. After the destruction of Moria In January, a parliamentary committee refugee camp in Lesbos, Greece, in reviewed the criminal law relating to sexual September, (see Greece entry) the offences.4 It instructed the government to government accepted another 38 minors, submit a proposal to redefine sexual acts intended to be resettled by the end of the committed against a person's will. The year. current definition of rape required a female victim and the use of coercion or force. CORPORATE ACCOUNTABILITY On 29 November, the referendum on the RIGHTS OF LESBIAN, GAY, BISEXUAL, Responsible Business Initiative, calling for TRANSGENDER AND INTERSEX (LGBTI) mandatory human rights and environmental PEOPLE due diligence for multinational companies Parliament voted in favour of introducing doing business abroad, was held and voted same-sex marriage. Same-sex couples will down. Although the initiative was rejected by now have the same rights with the exception the cantons it won the majority of the of certain restrictions in the area of sperm people’s vote. This was the first time that the donation.

344 Amnesty International Report 2020/21 voters of any country had said yes to this kind thousands of people, including peaceful of mandatory due diligence.6 activists, humanitarian workers, lawyers and journalists, subjecting many to enforced IMPUNITY disappearance. The self-styled Syrian In June, the European Court of Human National Army, supported by Turkey, Rights ruled Switzerland had violated the subjected civilians in the northern cities of right to life after failing to take adequate Afrin and Ras al-Ayn, which are under measures to protect a man who committed effective control of Turkey, to a wide range suicide in police custody in 2014. Swiss of abuses, including looting and authorities had also neglected to conduct an confiscation of property, arbitrary detention effective investigation. and abduction. In the north-west, the armed opposition group Hay’at Tahrir al- Sham arbitrarily detained and attacked 1. Garantir les droits des professionnel-le-s de la santé (in French only), (Press release, 18 August) media activists, journalists, medical and 2. Les lois antiterroristes sapent l’état de droit! (in French only), (Press humanitarian workers, and others. In the release, 24 September) north-east, the Autonomous Administration 3. COVID-19: Des directives claires pour l'expression de l’opinion dans led by the Democratic Union Party (PYD) les lieux publics (in French only), (Press release, 5 May) arbitrarily detained individuals and 4. Projet distinct de révision du droit pénal sexuel (in French only), continued holding tens of thousands of (Press release, 18 January) people suspected of affiliation to the armed 5. Un régime rigide dans les centres fédéraux et des délais très courts group Islamic State (IS) in inhumane (in French only), (Press release, 28 February) conditions. The Syrian government failed to 6. Multinationals seem too big for accountability. Switzerland may adequately protect its health workers from change that (News story, 27 November) COVID-19 and lacked a robust national response, which endangered thousands of lives. Tens of thousands of internally SYRIA displaced people were at risk of contracting COVID-19 due to dire living conditions. Syrian Arab Republic Head of state: Bashar al-Assad BACKGROUND Head of government: Hussein Arnous (replaced Imad The conflict continued between the Khamis in June) government and its allies, and armed opposition groups in Idlib, Hama, Aleppo and Parties to the conflict in Syria continued to . In January, hostilities between the commit with impunity serious violations of government, supported by Russia, and international humanitarian law, including Hay’at Tahrir al-Sham significantly escalated war crimes and crimes against humanity, in north-west Syria. By 2 March, the and gross human rights abuses. Syrian and government had recovered control of the Russian government forces carried out Damascus-Aleppo highway as well as key direct attacks on civilians and civilian towns and cities in the southern Idlib objects, including hospitals and schools, governorate and in the western part of the through aerial bombing of cities in the Aleppo governorate. On 5 March, Russia and governorates of Idlib, Hama and Aleppo, Turkey agreed to a ceasefire and to carry out displacing close to 1 million people. joint military patrols of the Aleppo-Latakia Government forces continued to impede highway (also known as the M4 highway). access to humanitarian aid to civilians. Between January and April, unidentified Security forces arbitrarily detained peaceful armed groups shelled and detonated car protesters as well as civilians who had bombs in Afrin, a city in northern Syria under reconciled with the government, and the control of pro-Turkey armed groups, continued to arbitrarily detain tens of killing and injuring many civilians and

Amnesty International Report 2020/21 345 damaging civilian infrastructure such as schools. A doctor said that in January, three homes and markets. Between March and air strikes in the vicinity of the hospital he July in Daraa governorate in the south-west, worked at in Idlib flattened at least two tensions escalated between armed opposition nearby residential buildings and killed 11 groups and government forces following civilians, including one of his colleagues. clashes, shelling and targeted killings by both Evidence showed that Russia was sides. responsible for the attack. In April, the Board of Inquiry established in 2019 by the UN Secretary-General to Denial of humanitarian access investigate “incidents” that destroyed or The barrage of attacks on civilians and damaged “facilities on the de-confliction list civilian infrastructure in north-west Syria and UN-supported facilities” in north-west between December 2019 and March 2020, Syria published a summary of its findings. when a ceasefire was reached, pushed close The Board’s conclusions included that it was to one million people to seek refuge in “highly probable” that “the Government of already overstretched displacement camps Syria and/or its allies” carried out three air close to the Turkish border or in unfinished attacks and that a ground rocket attack it buildings, farms and schools, or on the investigated was carried out by “armed streets. The displaced people lived in opposition groups or by Hayat Tahrir al- intolerable conditions, with limited access to Sham”. In October, the Organization for the adequate shelter, food and medication. Prohibition of Chemical Weapons published The spread of COVID-19 in north-west two reports into two alleged Syria further exacerbated the conditions and attacks on Idlib and Aleppo on 1 August challenged humanitarian organizations, 2016 and 24 November 2018, respectively. already struggling to meet needs. On 10 Neither established whether or not chemicals January, the UN Security Council extended were used as weapons. until July the authorization of the mechanism Israel continued air attacks targeting the that allowed the UN to deliver humanitarian Syrian government and Iranian and Hizbullah aid to Syria across the border with Turkey. forces in Syria. The resolution reduced the geographic scope In June, the USA adopted the Caesar of the mechanism from four to two crossings, Syrian Civilian Protection Act imposing Bab al-Hawa and Bab al-Salam. After several sanctions on Syrian government officials, failed attempts, the UN Security Council on military officials and business people. 11 July adopted resolution 2533 extending the UN-facilitated delivery of aid from only UNLAWFUL ATTACKS Bab al-Hawa for 12 months. Direct attacks on civilians and civilian objects Government forces continued to impede by the Syrian government and Russia access to UN humanitarian aid agencies and Civilians in north-west Syria, including Idlib, Damascus-based international humanitarian northern Hama and western Aleppo organizations across Syria. A report published governorates, continued to face air and by Oxfam and the Norwegian Refugee ground attacks, combined with dire Council in July described the challenges and humanitarian conditions. Between January obstacles imposed by government forces on and March, the Syrian government, backed the delivery of humanitarian aid, including by Russia, subjected civilians to unlawful bureaucratic impediments, interference in attacks targeting residential areas and civilian humanitarian activities, and restricting infrastructure, including medical facilities and partnerships with Syrian NGOs and local schools.1 communities. Residents, medical workers and teachers described how they endured relentless attacks on their homes, hospitals and

346 Amnesty International Report 2020/21 Independent International Commission of ARBITRARY DETENTION AND ENFORCED Inquiry on the Syrian Arab Republic (UN DISAPPEARANCES Commission of Inquiry). The Syrian government continued to subject The SNA arbitrarily detained and abducted tens of thousands of people, including civilians in Afrin and then tortured and journalists, human rights defenders, lawyers otherwise ill-treated them for various reasons, and political activists, to enforced including for criticizing SNA members and for disappearance. formerly belonging to the PYD-led It continued to resort to arbitrary detention Autonomous Administration and its security to suppress peaceful protest and curb and military branch. For example, in August human rights and humanitarian activities. On armed group members took a 70-year-old 7 June, rare anti-government protests Kurdish man from his home in Afrin and held erupted in Sweida city in the southwest him for two months after he had verbally calling for “regime change” and better living condemned the beating of a young man by conditions after rising unemployment and SNA fighters. They denied him access to his food prices, amongst other issues, ensued family who had to pay “intermediaries” a from the economic crisis. Between 9 and 16 significant sum of money for his release. In June, security forces arbitrarily arrested at addition, the armed group confiscated his least 11 men for participating in the protests car. and denied them access to lawyers and their The SNA detained, raped and otherwise families.2 They were released in July following sexually assaulted women and girls, pressure by community leaders. according to the UN Commission of Inquiry. In Daraa and Damascus Countryside governorates, government forces continued Hay’at Tahrir al-Sham to arbitrarily detain former humanitarian Hay’at Tahrir al-Sham, which controlled parts workers, doctors, former civil defence of north-west Syria, arbitrarily detained members, political activists and local individuals who opposed their rule or committee leaders even though they had ideology, including media activists, gone through the so-called reconciliation journalists, medical and humanitarian agreement and received security clearance. workers, and others. On 20 August, Hay’at Tahrir al-Sham fighters arbitrarily detained a ABUSES BY ARMED GROUPS doctor, who was also the director of a medical Syrian National Army school, for displaying drawings in an art The Syrian National Army (SNA), a pro- exhibition deemed to violate Shari’a (Islamic Turkey armed group, perpetrated a wide law). range of human rights abuses against On several occasions between April and civilians in Afrin and Ras al-Ayn, including June, Hay’at Tahrir al-Sham violently looting, confiscation of property, arbitrary dispersed protests by shooting, beating and detention, abduction, and torture and other detaining protesters. Protests centred on the ill-treatment. opening of commercial crossings between The looting and property confiscation Idlib and Aleppo into government-controlled particularly affected Syrian Kurds, who had areas. On 10 June, according to the Syrian left the area during hostilities in 2018 and Network for Human Rights, Hay’at Tahrir al- 2019. In some incidents, fighters confiscated Sham beat and verbally abused 13 journalists homes of remaining civilians after subjecting filming a joint Russian-Turkish patrol on the them to extortion, harassment, abduction and M4 highway. torture to force them to leave. They also threatened and arbitrarily detained people who filed complaints, forcing them to pay money for their release, according to the

Amnesty International Report 2020/21 347 to limited resettlement places provided by ABUSES BY THE PYD-LED AUTONOMOUS western countries, the number of ADMINISTRATION resettlement submissions by the most The PYD-led Autonomous Administration vulnerable Syrian refugees fell to 10,056 continued to control some of the compared to 29,562 in 2019, according to predominantly Kurdish north-east region of UNHCR, the UN refugee agency. Syria, including Raqqa and Qamishli. It Worsening humanitarian conditions in arbitrarily detained humanitarian workers, countries neighbouring Syria, with rising political activists and Arabs. unemployment as well as administrative and The , the military financial obstacles to obtaining or renewing branch of the Autonomous Administration, residency permits, continued to drive continued to hold tens of thousands of refugees to return to Syria. Between January people suspected of affiliation to IS in al-Hol and July, according to UNHCR, 21,618 camp in squalid conditions without access to Syrian refugees organized their own return legal recourse. from Egypt, Iraq, Jordan, Lebanon and Turkey. RIGHT TO HEALTH Displaced people across Syria continued to The Syrian government failed to adequately live in overcrowded makeshift camps, protect health workers from COVID-19, or to schools and mosques that did not provide an provide a robust response to the spread of adequate standard of living. They had limited the disease and refused to provide access to aid, basic services, clean water, transparent and consistent information about hygiene, food, health care, education and the country’s outbreak.3 livelihood opportunities; and were at Thousands of lives continued to be at risk increased risk of contracting COVID-19. with no transparent and effective information Between January and March, the military or testing. Relatives of COVID-19 patients, offensive in north-west Syria led to nearly one medical professionals and humanitarian million people fleeing to other parts of the workers said that public hospitals had been country, according to the UN Office for the forced to turn patients away due to a lack of Coordination of Humanitarian Affairs. beds, oxygen tanks and ventilators. In Between January and June, 204,000 people desperation, some residents were forced to had returned to their homes. Thousands rent oxygen tanks and ventilators at continued to be internally displaced in north- exorbitant fees. east Syria as a result of the military offensive The Syrian government’s inadequate launched by Turkey in 2019. distribution of PPE endangered the lives of Al-Hol camp in al-Hasake governorate health workers. The Ministry of Health did not hosted the largest number of displaced publish information about the impact of people where around 65,000 individuals, the COVID-19 on health workers; the only majority of them women and children, lived available information is that which the in dire conditions. Because of limited access Ministry reported to the UN. Syria’s doctors’ to medical care in al-Hol, eight children union reported that at least 61 health workers under the age of five died between 6 and 10 had died of the disease as of August, while August due to malnutrition-related official sources reported 15 deaths. complications, dehydration, heart failure, internal bleeding and other causes, REFUGEES AND INTERNALLY according to UNICEF. Between January and DISPLACED PEOPLE August, the water supply from the Alouk By the end of the year, the number of people water station in areas under the control of internally displaced in Syria since 2011 had pro-Turkey armed groups was disrupted 13 reached 6.7 million, while 5.5 million people times, cutting supply to residents and had sought refuge outside the country. Due internally displaced people in al-Hasake city

348 Amnesty International Report 2020/21 as well as in Tel Tamer and surrounding review of Taiwan’s implementation of the areas, including in al-Hol and other camps. ICCPR and the ICESCR. RIGHT TO TRUTH, JUSTICE AND MASS SURVEILLANCE REPARATION In January, the government introduced a In April, the trial of two former officials of the series of measures aimed at preventing the Syrian government’s security services spread of COVID-19, some of which charged with crimes against humanity started threatened the right to privacy. The at the Higher Regional Court in Koblenz, government established a digital framework Germany. On 18 September, the Netherlands of mass surveillance and connected invoked Syria’s responsibility for gross human government databases, such as travel and rights violations, particularly for torture under health insurance records, for the purposes of the UN Convention against Torture. Under tracking and tracing. Over 35 government the Convention, unless Syria and departments were able to constantly monitor the Netherlands reach an agreement within people’s movement and other activities, six months, either party may refer the dispute including the purchase of surgical masks, to the International Court of Justice. through this platform. The government provided few details about its use of the DEATH PENALTY platform, nor specified when the data The death penalty remained in force for collection measures would end.1 many offences. The authorities disclosed little information about death sentences passed, DEATH PENALTY and provided no information on executions. Amendments to the Prison Act in January resulted in changes to the Regulations for the Execution of the Death Penalty in July. The 1. “Nowhere is safe for us”: Unlawful attacks and mass displacement in north-west Syria (MDE 24/2089/2020) amended regulations still allowed death 2. Syria: Peaceful protesters detained in Sweida must be released sentences for individuals with psychosocial or 2 immediately (Press release, 24 June) intellectual disabilities. The authorities made 3. Syria: Lack of adequate COVID-19 response puts thousands of lives no progress towards abolition during the year at risk (Press release, 12 November) and continued to carry out executions.3 RIGHT TO TRUTH, JUSTICE AND REPARATION TAIWAN The National Human Rights Commission Taiwan established as part of the Control Yuan (the Head of state: Tsai Ing-wen government supervisory agency regulated by Head of government: Su Tseng-chang (replaced the Constitution) began work in August. The William Lai Ching-te in January) commission is composed of members appointed to act independently and The government took several measures to mandated to investigate complaints of human control the spread of the COVID-19 virus, rights violations, including discrimination, as some of which threatened the right to well as drafting and publishing a national privacy. Amendments to the Prison Act human rights report and advising government failed to address concerns about rights of agencies.4 people on death row with psychosocial or intellectual disabilities. In August, a REFUGEES AND ASYLUM-SEEKERS National Human Rights Commission was Refugees and asylum-seekers received only established. In October, the International limited assistance.5 Over 200 people from Review Committee received reports from Hong Kong arrived in Taiwan seeking asylum international organizations ahead of its after the enactment of a national security law

Amnesty International Report 2020/21 349 in late June. This highlighted the inadequacy care workers in hospitals, care homes and of Taiwan’s present legal framework regarding detention facilities was inadequate, as was refugees, asylum-seekers and others in need protection given to survivors of domestic of international protection (such as non- and gender-based violence. refoulement) and led to renewed calls for the adoption of a Refugee Act. BACKGROUND The authorities long denied the advent and INTERNATIONAL SCRUTINY scope of COVID-19 infections, but imposed On 29 June, the government announced it restrictions, including shutting the borders was inviting national and international experts and closing all detention facilities to visitors. to review its implementation of the Remittances (previously comprising a third of International Covenant on Civil and Political gross domestic product), fell by over 50% Rights (ICCPR) and the International prompting fears of food shortages. In Covenant on Economic, Social and Cultural September, the International Monetary Fund Rights (ICESCR).6 This International Review reported that Tajikistan was experiencing Committee is expected to gather for its third “severe effects” from the pandemic. review from 18 to 22 October 2021. President Emomali Rahmon, effectively uncontested, was re-elected in October.

1. Taiwan: Submission to the International Review Committee on the domestic implementation of the ICCPR and ICESCR: 3rd reports, (ASA FREEDOM OF EXPRESSION 38/3212/2020) Blocking internet-based information 2. Taiwan: Amendment to the regulations for the execution of the death resources and, intermittently, internet access penalty: General Comment No. 36 of ICCPR should be included remained popular tools in the authorities’ (Statement, 20 July, Chinese only) campaign against critical voices. The 3. Taiwan: Second execution under President Tsai (Statement, 2 April, President signed a new Law on Counteracting English and Chinese) Extremism in January, granting the 4. Taiwan: Establishment of National Human Rights Commission (Press authorities wide-ranging powers to restrict statement, 19 June, Chinese only) freedom of expression. Thirteen government 5. Taiwan: World Refugee Day (Press statement, 19 June, Chinese only) agencies were authorized to request the 6. Taiwan: Submission to the International Review Committee on the Communication Service to block websites domestic implementation of the ICCPR and ICESCR (Press release 23 October 2020, in both English and Chinese) without judicial review. In February, the Supreme Court concluded that the foreign-based independent news website Akhbor offered a platform to TAJIKISTAN “terrorists and extremists” and ruled to block it. This effectively made journalists working Republic of Tajikistan for Akhbor members of a banned “extremist” Head of state: Emomali Rahmon organization and so liable to prosecution. In Head of government: Qokhir Rasulzoda November, Akhbor’s editor-in-chief stated that he was forced to close down the The authorities tightly controlled news and website due to security risks to all those information around the COVID-19 pandemic associated with it, including its readers. and restricted freedom of expression, The authorities continued to use charges blaming media and civil society for of “incitement to discord” and “terrorism and spreading “false” information. The courts extremism” against journalists and bloggers used counter-terrorism legislation to block who published critical material on politically access to some independent media outlets sensitive topics. based abroad. A journalist was imprisoned In April, a court in the capital for “inciting religious discord”. Personal found independent journalist Daler Sharipov protective equipment received by health guilty of “inciting religious discord” for

350 Amnesty International Report 2020/21 publishing and disseminating unofficially his PPE was the main reason, as confirmed by dissertation on Islam and sentenced him to health care workers anonymously on social one year in prison. The prosecutor argued media, who also complained that authorities that he had published “extremist” articles had forbidden them from sharing any and had links to an extremist organization. information about COVID-19. Nonetheless, Daler Sharipov rejected the charges but the authorities insisted in July that not a admitted that he might have “made single medical doctor had died from mistakes” in the dissertation; he did not COVID-19. appeal his sentence.1 Anonymous sources also reported a lack of PPE for health care workers in the military, Media restrictions during the pandemic the penitentiary system, children’s homes The authorities tightly controlled the narrative and care homes for older people. COVID-19 and messaging around the COVID-19 was of particular concern in detention pandemic and introduced new legislation centres, criticized by the UN Human Rights against “false” information about coronavirus Committee in 2019 for chronic overcrowding, infections. poor sanitary facilities and lack of adequate In June, Parliament adopted changes to medical care. These conditions, which did the Administrative Code to punish, with not improve in 2020, facilitated the spread of substantial fines, journalists, bloggers, and infectious diseases among prisoners. others for distributing “inaccurate” and After the borders were closed, thousands “untruthful” information about the pandemic of migrant labourers found themselves through mass media or social networks. stranded in airports, cars or makeshift camps The amendments exposed users of mobile at the borders, or in quarantine facilities messenger apps to prosecution for sharing without access to adequate sanitary and “unreliable” information and gave the medical facilities. security services powers to monitor private correspondence. Those wishing to share their GENDER-BASED VIOLENCE experiences of COVID-19 on social media The government failed to combat domestic had to obtain an official certificate confirming violence effectively and ensure adequate their diagnosis, or risk prosecution for protection to survivors. distributing “false” information. Crisis centres reported an alarming increase in cases of domestic and gender- Prisoners of conscience based violence during the pandemic. The In April, the health of human rights lawyer Gulrukhsor Women’s Centre in Khudjand, Buzurgmekhr Yorov sharply deteriorated, with northern Tajikistan, received 142 applications COVID-19-consistent symptoms. It improved in May alone, a threefold increase from the but anonymous sources reported some previous month. months later that his health continued to be In October, a court in Dushanbe found a fragile and that he was facing punishment young fashion designer guilty of defamation. from prison authorities for interacting with She had accused her former employer of fellow prisoners and giving them legal advice. physical violence and verbal threats of rape. The newspaper that had published her story RIGHT TO HEALTH was also found guilty of defamation. Both According to UN agencies in Tajikistan, as of were sentenced to pay financial 8 June, 1,701 health care workers (36% of compensation. The authorities failed to all those infected in the country) had investigate the allegations despite compelling contracted COVID-19, including 619 doctors evidence. and 548 nurses, while Radio Ozodi published an official list of 10 medical personnel who died in Khatlon Region. The lack of adequate

Amnesty International Report 2020/21 351 Lesbian, gay, bisexual, transgender and intersex RIGHT TO HEALTH (LGBTI) people The government withheld information relating Without access to already very scarce to COVID-19 and disregarded WHO guidance community resources and support structures, about how governments, health professionals LGBTI people, in particular young people, and the general public should respond to the similarly could not leave their homes and pandemic. There was no reliable or prompt were forced into cohabitation with system of accurate information on the unsupportive, often abusive, families. pandemic at the end of the year. On 29 April, the government stopped publishing information on infection rates. On 5 June, the 1. Tajikistan: Independent journalist imprisoned for a year (EUR 60/2206/2020) President announced that the country was free of COVID-19, making it harder for Tanzanians to take adequate steps to protect TANZANIA themselves from infection. Prison conditions United Republic of Tanzania In April, the President pardoned 3,717 Head of state and government: John Pombe Magufuli prisoners in line with WHO recommendations to decongest prisons to limit the spread of The government restricted the rights to COVID-19. However, prisons remained freedom of expression, association and overcrowded, putting prisoners’ health at risk. peaceful assembly in the run-up to the There were 32,438 prisoners, of which October elections. The President declared 17,974 were on remand; the prison Tanzania to be COVID-19-free in June. The population was 9% over capacity. authorities severely restricted media freedom, claiming they were curbing the DISCRIMINATION – WOMEN AND GIRLS “spread of false news” on the pandemic. Pregnant girls and young mothers were Media outlets were shut down for reporting discriminated against in the education sector. on political events. Pregnant schoolgirls The government continued to ban them from were banned from mainstream schools and schools and used a World Bank loan – segregated in alternative education centres. intended for the improvement of girls’ secondary school education – to maintain BACKGROUND their segregation in alternative learning On 28 October, Tanzania held its sixth centres, where the four-year lower secondary general election since the reintroduction of school curriculum was compressed into two the multi-party system in 1992. In November, years. the President began his second term in office following a controversial election. In the run- REPRESSION OF DISSENT up to, during and after elections, opposition The authorities used legislation to silence politicians and hundreds of their supporters peaceful dissent and severely restricted the were arbitrarily arrested and beaten by the right to freedom of expression and media police, and others were killed. Several freedom, particularly in the run-up to the politicians, including Tundu Lissu, the elections. presidential candidate for Chadema, the In April, the Tanzania Communication main opposition party, and opposition Regulatory Authority (TCRA) fined Star Media politicians, Lazaro Nyalandu and Godbless Tanzania Limited, Multichoice Tanzania Lema and his family fled the country after the Limited and Azam Digital Broadcast Limited elections, fearing persecution. TZS5 million (US$2,150), and ordered them to apologize for “spreading false and

352 Amnesty International Report 2020/21 misleading information” on the government’s programme designed for the purpose of handling of the COVID-19 pandemic, an committing an offence”, as well as with offence contrary to the Tanzania “leading organized crime, and money Communications Regulatory Authority Act. laundering”. Their cases were adjourned Later that month, the TCRA suspended more than 10 times by a court in Dar es Mwananchi, an online newspaper, for six Salaam after the prosecution repeatedly months and fined it TZS5 million (US$2,150) asked for more time to complete their for publishing a photo of the President in investigations. which he appeared to breach physical In July, police arrested Sheikh Issa Ponda, distancing guidelines. The authorities said an Islamic cleric, in Ilala, a district of Dar es that Mwananchi had violated the 2018 Salaam. They held him for 10 days for Electronic and Postal (Online Content) circulating an article which they alleged Regulations. amounted to incitement and a breach of the The government penalized newspapers peace during the run-up to an election. In his and broadcasting stations, particularly article, he had highlighted the need for an between June and October, for reporting on independent electoral body and had claimed political events related to the elections. The that Muslims faced discrimination, especially Tanzania Daima newspaper was given an in recruitment to government jobs. After his indefinite ban on all print runs and release, people he believed to be police distribution; the online television network, officers threatened to re-arrest him and in Kwanza TV, was suspended for 11 months, August he went into hiding, where he and Clouds TV and Clouds FM Radio were remained at the end of the year. suspended for seven days. In August, the TCRA amended the FREEDOM OF ASSOCIATION Electronic and Postal Communications The government increasingly controlled and (Radio and Television Broadcast) Regulations prevented the work of NGOs, severely to limit international media coverage of the restricting the right to freedom of association. elections. Local broadcasters were obliged to On 24 June, the Registrar of NGOs obtain the regulator’s permission to air suspended the activities of Inclusive content produced by, or in collaboration with, Development for Citizens – Tanzania, an foreign media. The amendments also organization which promoted good required that foreign journalists be governance. It was accused of failing to accompanied by government officials while provide details of its 2019 activities, a list of on assignments. its members and agreements with donors, among other things, in violation of the Non- HUMAN RIGHTS DEFENDERS Governmental Organizations Act and NGO The authorities subjected human rights regulations. defenders to intimidation, harassment, On the same day, the Registrar issued threats, arbitrary arrests and detention, and notices to the Tanzania Human Rights prosecution. Human rights organizations Defenders Coalition (THRDC) and the Legal faced closure or suspension if they did not and Human Rights Centre (LHRC), meet excessive requirements imposed by demanding that they explain within seven legislation and various regulations. days why legal measures, including Human rights lawyer Tito Elia Magoti and deregistration for flouting NGO laws, should Theodory Giyani remained in detention not be taken against them. The Registrar also following their arbitrary arrests in December ordered the LHRC to suspend any election- 2019. They were held in connection with related activities. Following this, the National their social media activities and charged Electoral Commission (NEC) refused both under various laws, including the NGOs’ applications to observe the general Cybercrimes Act, of “possessing a computer elections.

Amnesty International Report 2020/21 353 In August, the THRDC, which comprised Tundu Lissu (see above, Background) was more than 160 individuals and organizations, arrested the following day. They were all announced the temporary suspension of its released on bail. operations after police ordered the freezing of its accounts for not complying with the Non- UNFAIR TRIALS Governmental Organizations Act. The THRDC In February, the Resident Magistrate Court of was accused of entering agreements with Dar es Salaam at Kisutu released donors without consulting the Office of the investigative journalist Erick Kabendera from Treasury Registrar and the Office of the prison after he entered a plea bargain Registrar of NGOs. agreement with the prosecution. He had been abducted by unidentified men in July ARBITRARY ARRESTS AND DETENTIONS 2019. Twenty-four hours later, the police In June, in the Kilwa region, police arrested confirmed he was in their custody. He was Zitto Kabwe, leader of the ACT-Wazalendo later charged with money laundering and opposition party, along with seven other party involvement in organized crime. members. The party said the men were Erick Kabendera was subjected to a accused of “endangering the peace” while prolonged court trial which was adjourned 16 attending a party meeting which the police times. He said he was tortured in Segerea said was illegal. They were released on bail prison in Dar es Salaam. He also suffered the following day and were not given any repeated bouts of illness and was refused details of their alleged offences. permission to visit his sick mother who died In July, police arrested Nusrat Hanje, while he was in prison. The court ordered Secretary General of Chadema’s youth wing, him to pay the Director of Public Prosecution and five other party members, in the Singida over TZS273 million (US$116,000) to cover, region west of Dodoma city, after they had among other things, alleged tax evasion debts hoisted the party’s flag while singing the and a fine. He was required to pay within six national anthem. Charges against them months or be re-arrested. included “illegal assembly, ridiculing the In May, police arrested comedian Idris national flag and the national anthem, and Sultan, and released him 10 days later, on conduct likely to cause a breach of the bail of TZS15 million (US$6,550). He was peace.” They were denied bail and detained held in connection with a video he distributed at Singida prison on 10 July where they on social media in which he allegedly remained for 133 days, despite the High mocked the President. He was charged with Court in Dodoma allowing their appeal “failure to register a SIM card previously against refusal of bail on 26 August. The owned by another person,” and “failure to Director of Public Prosecution dropped the report change of ownership of a SIM card.” charges against the six on 23 November. His case was adjourned by the Resident In August, police arrested Joseph Mbilinyi, Magistrate Court of Dar es Salaam at Kisutu who was running as a parliamentary at least nine times and remained pending at candidate for the Mbeya Urban constituency the end of the year. and accused him of holding an unauthorized demonstration. He was arrested on his way to RIGHT TO TRUTH, JUSTICE AND collect nomination forms from the regional REPARATION NEC offices. He was released the same day In June, Parliament passed the Written Laws without charge. (Miscellaneous Amendments) Act No. 3 of In November police arrested and charged 2020 which, among other things, required Freeman Mbowe, the chairman of Chadema claimants, under the Basic Rights and Duties and three party members with “terrorism Enforcement Act, to submit affidavits showing offences” for calling for countrywide protests that violations had affected them directly. It against the conduct of the October elections. therefore undermined public interest lawsuits

354 Amnesty International Report 2020/21 and government accountability for human extended it until the end of December. The rights violations. extensive powers granted to authorities under the Emergency Decree were used to repress dissent and prosecute students and activists who led and took part in peaceful THAILAND assemblies. In October, authorities declared a Kingdom of Thailand “severe” state of emergency, granting more Head of state: Maha powers to police, before revoking the order Head of government: Prayut Chan-O-Cha the following week. In November, the government convened an extraordinary Authorities repressed peaceful protesters, parliamentary session to discuss cross-party and detained and launched criminal solutions to ongoing protest gatherings amid proceedings against human rights talks of constitutional reform. defenders, opposition politicians and other critics for joining peaceful assemblies and ENFORCED DISAPPEARANCES expressing critical views of the government, In January, the State Prosecutor, citing lack of the Constitution, and the monarchy. A evidence, dropped the charges of series of demonstrations took place in premeditated murder and illegal detention and other cities. Official measures against Kaeng Krachan National Park officials to control the COVID-19 pandemic left who had been accused of the enforced refugees at heightened risk of refoulement. disappearance of environmental activist The courts handed down death sentences, Pholachi “Billy” Rakchongcharoen in 2014.2 including for murder; a number of death In June, unknown individuals abducted sentences were commuted by royal pardon Wanchalearm Satsaksit, a Thai blogger who to life imprisonment. was exiled in Cambodia.3 Thai authorities did not reveal whether they had worked with the BACKGROUND Cambodian government to investigate his Under the Organic Law on Political Parties, enforced disappearance, nor did they the Constitutional Court ruled in February to announce whether they took any initiatives to dissolve the Future Forward party, a new ascertain his fate and whereabouts. At least opposition party that had won 81 seats in the eight other Thai activists who had sought 2019 elections. The move was widely seen as exile in neighbouring countries were politically motivated.1 The dissolution abducted or disappeared between 2016 and triggered public criticism of the government 2019. and calls for constitutional reform. Authorities announced criminal proceedings against the TORTURE AND OTHER ILL-TREATMENT party leader and other executives, 16 of In March, Amnesty International reported a whom were prohibited from competing in pattern of torture and other ill-treatment, elections for 10 years. including sexual violence, against military Prime Minister Prayut Chan-O-Cha issued conscripts at the hands of their commanding an Emergency Decree in March which gave officers.4 No investigations were known to government agencies authority to enforce have been conducted by the military’s specific actions meant to curb the spread of command structure into such allegations. COVID-19. The government also issued a list The Council of State finalized its latest of prohibitions accompanying the Emergency review of legislation criminalizing torture and Decree, which included vague and overly enforced disappearance in September. The broad restrictions on the right to freedom of bill was not tabled by the cabinet for expression. parliamentary discussion. The Emergency Decree was initially set to People detained in the three southern expire after 30 April, but the government provinces of Pattani, Yala and Narathiwat,

Amnesty International Report 2020/21 355 where martial law and the Emergency Decree commentators in four separate cases after remained in force, reported the use of torture years of criminal proceedings initiated by and other ill-treatment amid an ongoing authorities and corporations against them for insurgency against the central government. alleged online defamation.6 The courts confirmed that their social media posts on REPRESSION OF DISSENT alleged labour abuses or political comment In July, students led protests in the capital, were lawful criticisms made in the public Bangkok, and across the country to demand interest. the resignation of the Prime Minister, the The authorities continued to charge revision of the Constitution, and reform of the dozens of individuals under the broad and monarchy so that it would be subject to legal, vaguely-worded provisions of the Computer political and fiscal oversight. The government Crime Act for opinions posted online.7 Among responded by enforcing restrictive laws and these, authorities targeted an artist for his using its extensive powers under the Facebook post about airport screening for Emergency Decree to unduly restrict peaceful COVID-19, and a social media user for his assemblies. tweets about the royal motorcade. In October, the government announced In August, Facebook announced that they additional emergency measures to address had complied with a request from the what it called “illegal public assemblies” and authorities to restrict access to the Royalist the alleged obstruction by protesters of the Marketplace, an anti-monarchist Facebook royal motorcade. An estimated 220 group, despite deeming that the order individuals who had participated in the “contravene[s] international human rights protests, including children, were detained or law”.8 Authorities also sought to censor the faced criminal proceedings, including for media, including by requesting court alleged sedition, lèse majesté, computer permission to shut down five online media crimes and breaching emergency measures.5 outlets in relation to their coverage of Five activists faced life imprisonment for peaceful demonstrations. charges under Article 110 of the Criminal Code for “intending to cause harm to the HUMAN RIGHTS DEFENDERS Queen’s liberty”; they remained free on bail. In July, the civil court granted class action The demonstrations were overwhelmingly status to a lawsuit brought by more than 700 peaceful, but there were instances when Cambodian families who sued Thai sugar police used excessive and unnecessary force company Mitr Phol after being forcibly to disperse the protesters. In October and evicted from their homes in north-western November, police used water cannons laced Cambodia from 2008 to 2009.9 with a chemical irritant and threw tear gas Community-based human rights groups canisters towards peaceful protesters. reported experiencing harassment and Children attending demonstrations threats of criminal proceedings from reported receiving threats of expulsion from authorities for planning or taking part in school and other forms of pressure and peaceful protests. harassment from teachers and school Despite the adoption of a National Action executives to prevent them from joining the Plan on Business and Human Rights, the protests. Some reported school authorities government failed to prevent Strategic hitting them, confiscating their belongings Litigation Against Public Participation and requiring their attendance at meetings (SLAPP) lawsuits filed by corporations and with authorities. other business entities to silence human rights defenders. While courts dismissed FREEDOM OF EXPRESSION some of these SLAPP lawsuits against human At the beginning of the year, courts acquitted rights defenders, corporations filed new ones. 14 human rights defenders and online

356 Amnesty International Report 2020/21 The rights to freedom of expression and REFUGEES, ASYLUM-SEEKERS AND peaceful assembly were restricted. The MIGRANTS police used excessive force, notably while Authorities delayed the implementation of a enforcing COVID-19 restrictions. Health National Screening Mechanism for refugees workers protested against the lack of PPE and asylum-seekers that came into force in and poor conditions, while prisoners were at June. risk of COVID-19. Violence against women Migrants and refugees were subjected to persisted. indefinite arbitrary detention and overcrowding in detention facilities, BACKGROUND increasing their risk of COVID-19 infection. In February, the President was re-elected for Fifty Uyghur men remained indefinitely a fourth term while the opposition denounced detained in poor conditions in immigration alleged electoral fraud and irregularities. The detention facilities, pending proof of their presidential contender, Agbéyomé Kodjo, nationality from Turkey or China. declared himself President. He was charged During the year boats with hundreds of with “disturbing public order” and Rohingya refugees were stranded at sea for “undermining internal state security” after he months with inadequate food, water and called on the army to mobilize against the health care. Thai authorities put lives at risk government. His parliamentary immunity was by preventing disembarkation and by lifted and, in April, he was detained for three reportedly pushing boats back to sea. days. Upon release, he was placed under judicial supervision. His supporters also faced arrest and prosecution. 1. Thailand: Authorities must reverse dissolution of opposition Future Forward Party (News story, 21 February) The government implemented measures 2. Thailand: Six years after Billy disappeared, authorities must provide which restricted the rights to freedom of justice and protect his community’s rights (ASA 39/2155/2020) movement and peaceful assembly, and 3. Cambodia: Investigate whereabouts of missing Thai dissident (News released 1,048 prisoners in response to the story, 5 June) COVID-19 pandemic. 4. “We were just toys to them”: Physical, mental and sexual abuse of conscripts in Thailand’s military (ASA 39/1995/2020) ARBITRARY ARRESTS AND DETENTIONS 5. Thailand: Drop unjustified charges and release peaceful protesters Brigitte Kafui Adjamagbo and Gérard Yaovi (News story, 24 October) Djossou, members of a coalition of opposition 6. Thailand: Oppose defamation charges against human rights parties and civil society organizations, were defenders for exposing labour abuses (ASA 39/1846/2020) arrested by police in November and charged 7. They are always watching”: Restricting freedom of expression online with “criminal conspiracy” and “undermining in Thailand (ASA 39/2157/2020) the internal security of the state” in 8. Thailand: Facebook caves to abusive censorship requests (News connection with protests against the story, 25 August) presidential election results and harassment 9. Amicus curiae in the case of Hoy Mai & Others vs. Mitr Phol Co. Ltd of opponents. They were released (ASA 39/2753/2020) conditionally after around three weeks in detention. TOGO TORTURE AND OTHER ILL-TREATMENT The use of torture continued in police Togolese Republic detention. On 23 April, police arrested Kokou Head of state: Faure Gnassingbé Langueh. He said that while he was held at Head of government: Victoire Tomegah Dogbe (replaced the Central Directorate of Judicial Police Komi Sélom Klassou in September) headquarters in Lomé, police beat him on his back and buttocks for several hours to extract a “confession” about his connections with

Amnesty International Report 2020/21 357 Agbéyomé Kodjo. He was released on 30 April without charge. EXCESSIVE USE OF FORCE The security forces used excessive force FREEDOM OF EXPRESSION while enforcing COVID-19 measures or The authorities continued to restrict the right dispersing peaceful protesters. to freedom of expression. In January, the new In March, Émile Bousse was shot dead by Press and Communication Code allowed for a soldier in Agoègan on the Togo/Benin journalists to be punished with hefty fines for border. He had refused to comply with orders insulting the President, MPs, and when he was arrested for crossing the border government members. which was closed because of the COVID-19 In February, the internet was shut down on pandemic. The Security Ministry said the polling day. Meanwhile, the electronic soldier was arrested. communications of human rights defenders, In April, Gueli Kodjossé died from his activists and others were put under injuries in the Avedji district in Lomé, the surveillance. capital. The Minister of Security said that he In March, the High Authority of died as a result of his epilepsy. However, his Audiovisual Communication ordered the family said he was not epileptic, but was suspension of the Liberté and L’Alternative beaten to death by security forces during the newspapers for 15 days and two months curfew. Dodji Koutouatsi was beaten to death respectively because they had published in April by security forces when he went out “serious, unfounded, and derogatory” during the curfew. accusations against the French ambassador. In the same month, the authorities opened After the Fraternité newspaper published an investigations into the killings of people at the article criticizing the suspensions, it was also hands of law enforcement agents policing the suspended for two months. COVID-19 curfew. In April, François Doudji and Béni Okouto In May, Agbendé Kpessou was shot dead of the Collective of Associations against in Avedji by a police officer for disobeying an Impunity in Togo, and a journalist, Teko- order during an altercation with two soldiers. Ahatefou Aristo, were arrested while they The authorities launched an investigation but were monitoring a police intervention at there was no further information about its Agbéyomé Kodjo’s house. They were progress at the end of the year. interrogated at the Central Intelligence and Security forces killed one person and Criminal Investigation Service and released injured several others when they used tear the same day. gas canisters to disperse a traditional In November, L’Alternative newspaper and celebration in the of Doufelgou in its publications director were each fined September. XOF2 million (US$3,702) for defamation and ordered to compensate financially the RIGHT TO HEALTH complainant in relation to a story about Health workers misappropriation of funds. Health workers lacked adequate PPE and denounced the lack of an incentive bonus. In FREEDOM OF ASSEMBLY August, staff at Lomé University Hospital The police prevented the Mandela Centre threatened to go on strike and Consciousness Movement from holding its demonstrated at the hospital premises calling official organizational launch in July, without for PPE and better sanitary conditions. In providing a reason. September, the authorities provided all The authorities banned peaceful protests medical staff with health care insurance. In and meetings, including protests related to November, the government announced a the disputed election results, particularly one-off XOF50,000 (around US$92) bonus between August and October. for all health workers.

358 Amnesty International Report 2020/21 Prisoners RIGHTS OF REFUGEES, ASYLUM- After 6% of 283 prisoners tested positive for SEEKERS AND MIGRANTS COVID-19 at Lomé prison, a group of inmates The authorities continued to fail to implement started a riot demanding their release or national refugee legislation or to provide other relocation to safer detention facilities. Guards ways for Venezuelans in need of international quelled the protest with tear gas. protection to regularize their status in the country. VIOLENCE AGAINST WOMEN AND GIRLS Authorities denied calls for migrants and The UN Population Fund recorded 839 cases asylum-seekers held in immigration detention of gender-based violence, including 13 rapes, solely for irregular entry or while waiting for between January and June. Women and girls their asylum claims to be heard to be were increasingly at risk of domestic violence released as a measure to protect them from when COVID-19 measures restricted their COVID-19.1 movement. In July, the Minister of National Security claimed that “illegal immigrants” and business people who “trafficked” Venezuelans into the country presented a TRINIDAD AND potential health risk due to COVID-19. He issued a hotline number for reporting TOBAGO suspected cases and said that Venezuelans who had registered and were given legal Republic of Trinidad and Tobago residency and the right to work under a Head of state: Paula-Mae Weekes government registration process in 2019 and Head of government: Keith Christopher Rowley who were found to be “harbouring” irregular migrants could have their residency revoked The authorities continued to forcibly return and face deportation. Venezuelans seeking international During the year, a group of approximately protection, in violation of international 25 human rights organizations sent two Open human rights law. The government passed Letters to the Prime Minister urging him to amendments to the law on domestic consider re-opening the registration process violence but failed to extend those and stop sending people back to danger. protections to people in same-sex Nevertheless, throughout the year authorities relationships. continued to forcibly return Venezuelans. In July, the authorities deported approximately BACKGROUND 165 Venezuelans, in violation of international In March, in an attempt to curb the spread of human rights law.2 COVID-19, the authorities closed the borders In September, just days after a UN- to all international travellers, including appointed Independent International Fact- nationals, many of whom were stranded Finding Mission on Venezuela found overseas. Those who returned were required reasonable grounds to believe that the to quarantine. authorities there had committed grave Trinidad and Tobago failed to sign the UN human rights violations that could amount to Convention against Torture or the crimes against humanity, the authorities of International Convention for the Protection of Trinidad and Tobago sent another 93 All Persons from Enforced Disappearance. Venezuelans back to the human rights and humanitarian situation they were fleeing, violating their obligations of non- refoulement.3

Amnesty International Report 2020/21 359 Similarly, in November, authorities Jason Jones case before taking a position on deported at least 16 children and an providing protections for LGBTI people in estimated 12 adults to Venezuela, who were other areas of law. later returned to Trinidad following an outcry.4 The Inter-American Commission on Human DEATH PENALTY Rights subsequently granted some of the Trinidad and Tobago continued to punish children precautionary measures. In murder with the mandatory death penalty. December, according to UNHCR between 14 and 21 children and adults died or were 1. Americas: Governments must halt dangerous and discriminatory missing after a boat was shipwrecked detention of migrants and asylum seekers (Press release, 2 April) reportedly on its way to Trinidad from 2. Trinidad and Tobago: Deportation of 165 Venezuelans violates 5 Venezuela. international law (Press release, 6 August) 3. Open letter to the Prime Minister of Trinidad and Tobago (AMR GENDER-BASED VIOLENCE 49/3188/2020) Throughout the year, civil society 4. Trinidad & Tobago: Return of deported children gives government organizations and women’s human rights second chance to do the right thing (Press release, 25 November) defenders protested about widespread 5. Trinidad and Tobago and Venezuela: Policies from both governments gender-based violence. put lives at risk (Op ed, 16 December) In January, the Police Service established a Gender-based Violence Unit as a response to the ongoing problem of domestic violence. TUNISIA In June, for the first time in 21 years, the government passed amendments to the Republic of Tunisia Domestic Violence Act. Head of state: Kaïs Saïed In August, civil society widely condemned Head of government: Hichem Mechichi (replaced Elyes a brutal attack on a Venezuelan teenager and Fakhfakh in September, who replaced Youssef Chahed reiterated calls for the authorities to take in February) steps to stop all types of gender-based violence and discrimination. Bloggers and social media users were investigated or prosecuted for the peaceful RIGHTS OF LESBIAN, GAY, BISEXUAL, online expression of their views, including TRANSGENDER AND INTERSEX (LGBTI) for criticizing the government’s approach to PEOPLE dealing with COVID-19. Protests were The government continued to appeal against staged against insufficient government aid a landmark High Court judgement in 2018 and protection of health workers during the (Jason Jones v. Attorney General of Trinidad pandemic. Refugees and asylum-seekers and Tobago) that decriminalized sexual were detained for irregular entry into activity between consenting adults of the Tunisia. Arbitrary detention of same sex. The government indicated that it undocumented migrants in reception intended to have this case heard by the centres continued. Lesbian, gay, bisexual, country’s highest appellate court, the Judicial transgender and intersex (LGBTI) people Committee of the Privy Council in the UK. were arrested and detained for consensual In amending the Domestic Violence Act, same-sex sexual relations. The government the government failed to extend protections published in the official gazette the final to same-sex couples, despite proposals from report of the Truth and Dignity Commission, a Senator and civil society to do so. The and trials continued before specialized Attorney General, on the floor of Parliament criminal chambers of people accused of during a Senate debate on the bill, indicated human rights violations committed between that the government was awaiting the 1956 and 2013. outcome of the appeal of the ruling in the

360 Amnesty International Report 2020/21 In April, police arrested two bloggers, Anis BACKGROUND Mabrouki and Hajer Awadi, after they After legislative and presidential elections in criticized on Facebook local authorities’ October 2019, a new coalition government distribution of aid during lockdown. On 13 headed by Elyes Fakhfakh took office on 27 April, the prosecution of the Court of First February. Following allegations of corruption, Instance of El-Kef city charged Hajer Awadi Elyes Fakhfakh resigned on 15 July. with “insulting a civil servant” under Article President Kaïs Saïed tasked former Minister 125 of the Penal Code and “causing noises of Interior Hichem Mechichi to form a new and disturbances to the public” under Article government, which took office on 2 316, in reference to an altercation that took September. place between her and a police officer who The country was put under a general tried to stop her from filming live on the lockdown from 22 March to 4 May to control street.2 She was detained until 20 April when the spread of COVID-19. The government the court sentenced her to a suspended 75- allocated TND450 million (US$155 million) in day prison term. On 15 April, Anis Mabrouki aid for poor families and people who had lost was charged with “causing noises and their income due to the pandemic, and disturbances to the public” and “accusing adopted other measures to support public officials of crimes related to their jobs businesses and low-income workers. without furnishing proof of guilt.” He was Protests continued over the lack of detained until the Court of First Instance in employment opportunities, poor living Manouba city acquitted him on 30 April. conditions and water shortages, particularly In July, the Court of First Instance of in marginalized and underdeveloped regions. sentenced blogger Emna Chargui to six People financially impacted by the COVID-19 months in prison after convicting her on crisis protested in several governorates, charges relating to a satirical social media accusing local authorities of corruption and post she shared that was deemed “offensive demanding a more transparent distribution of to Islam”. The charges were “inciting hatred government aid. between religions through hostile means or The Constitutional Court, which was due to violence” and “offending authorized be set up in 2015, was still not established as religions” under Articles 52 and 53 of the Parliament once again failed to elect the first Press Code, respectively.3 On 8 October third of the Court’s members. 2020, Myriam Bribri, an anti-impunity The authorities renewed four times the activist, appeared before the Court of First nationwide state of emergency in place since Instance in Sfax after being charged the November 2015. same day under Article 86 of the Telecommunications Code following a FREEDOM OF EXPRESSION complaint from the Secretary General of a At least nine bloggers and social media users security forces union in Sfax, accusing her of were investigated or faced criminal “insulting the police”. prosecutions for publishing online posts critical of local authorities, the police or other FREEDOM OF ASSEMBLY state officials under restrictive Penal Code In June, police used unnecessary and and Telecommunications Code provisions excessive force when dispersing a peaceful that criminalize “insult”. In five of these cases three-week protest known as the El-Kamour the people were detained for periods ranging sit-in in the southern governorate of between a few hours and two weeks. Police Tataouine. The sit-in blocked all roads to the unions openly threatened to press charges El-Kamour oil pump station which stopped all against people for legitimate criticism of work at the station. Overnight on 20/21 June, police conduct.1 police fired tear gas recklessly in densely populated residential areas with some

Amnesty International Report 2020/21 361 canisters landing inside homes and near to a oppression and corruption prevalent in hospital. Patients, health workers, hospital Tunisia for 60 years and made staff and soldiers guarding the hospital were recommendations for reform. exposed to tear gas which caused them Trials of people accused of human rights breathing difficulties. At least 11 protesters violations perpetrated between 1956 and who were arbitrarily arrested during the 2013, referred by the Commission, continued dispersal said they were insulted, kicked, before specialized criminal chambers, albeit dragged along the ground, beaten with at a slow pace with frequent adjournments. batons or firearm butts, even when they did Victims, and relatives of victims who had not resist. Injured protesters were left in died, continued to await implementation of police stations for hours before being taken to the reparation programme set up by the Truth hospital to receive urgent medical care.4 and Dignity Commission. The government established a reparations fund in June that WOMEN’S RIGHTS was activated on 24 December. The On 15 March, the Supreme Judicial Council reparations included financial compensation, postponed all civil case hearings, including rehabilitation, professional integration or family law cases, on the grounds that all but education, the of rights and official “emergency or necessary” court proceedings apologies. were suspended. This hindered women’s The first hearing in the trial of customs access to justice because “emergency” cases officials accused of killing Aymen Othmani in as specified by the Ministry of Justice and the 2018 was held on 21 January at the Tunis II Supreme Judicial Council did not take into Court of First Instance. The two officials account the situation of women as they charged with manslaughter and three others excluded matters relating to domestic abuse, charged with failure to provide assistance custody of children, alimony and protective were not present at the hearing. Aymen measures dealt with by a family judge. Othmani died in Sidi Hassine neighbourhood According to the UN Entity for Gender of Tunis, the capital, after customs officials Equality and the Empowerment of Women, fired live bullets during a raid on a helplines and shelters for survivors of contraband warehouse. According to the violence reported a sharp increase in calls for forensic report, Aymen Othmani was shot in help and requests for emergency shelter the back and upper leg. during the pandemic. Between 23 March and 31 May, 9,800 calls were recorded on RIGHT TO HEALTH the Ministry of Family’s toll-free numbers, Between March and September, health nine times more than usual. Of these, 2,700 workers in hospitals in Kasserine, Sfax, Tunis concerned cases involving violence. and other governorates staged protests According to women’s rights organizations, against the authorities’ failure to protect them police failed in many cases to provide the against COVID-19 at work. The Health necessary response to women at risk of Workers Union protested against the lack of domestic violence during lockdown. sufficient personal protective equipment (PPE) in health facilities and criticized the RIGHT TO TRUTH, JUSTICE AND government for failing to address their needs. REPARATION In response to this, in September, the union On 24 June, and after a delay of a year, the and the Ministry of Health reached an government finally published in the official agreement that included a commitment from gazette the report of the Truth and Dignity the government to provide PPE for health Commission, the entity that looked into workers, consider COVID-19 an occupational human rights violations perpetrated between disease and give health workers priority in 1956 and 2013. The report exposed the COVID-19 testing procedures. multi-layered and intricate system of

362 Amnesty International Report 2020/21 the police officer and Rania Amdouni which RIGHTS OF REFUGEES, ASYLUM- attracted attention from passers-by who then SEEKERS AND MIGRANTS attacked her and three of her friends. The Authorities continued to arrest and detain, police stood by, failing to intervene to stop the without legal grounds, undocumented attack and inciting the violence by using migrants and asylum-seekers. At least 50 homophobic and transphobic insults. The migrants from sub-Saharan countries were four pressed charges and an investigation detained arbitrarily between March and was opened. Although the identity of the September in the Ouardia Reception and police officers involved was known, they were Orientation Centre in Tunis. In June, a group not suspended or arrested following the of 22 migrants detained in the Centre filed an investigation. urgent complaint before the Tunis Administrative Court challenging their DEATH PENALTY arbitrary detention. On 10 July, the Court Death sentences were handed down; there issued an order to suspend the detention of were no executions. the migrants. The Ministry of Interior In September, President Saïed said he was gradually released the detainees between in favour of resuming executions during a July and September. The Ouardia Centre National Security Council meeting. continued to receive migrants and asylum- seekers, and remained overcrowded with at 1. Tunisia: Freedom of expression at risk as prosecutions rise (Press least 50 detainees sharing five rooms, two release, 9 November) bathrooms and a communal eating area. 2. Tunisia: End prosecution of bloggers for criticizing government's These conditions made it impossible to response to COVID-19 (Press Release, 21 April) prevent the spread of COVID-19, posing a 3. Tunisia: Blogger Emna Chargui sentenced to six months in prison for grave risk to the health of all those who social media post (Press release, 15 July) 5 worked and stayed there. 4. Tunisia: Authorities must investigate excessive use of force in Tataouine (MDE 30/2747/2020) RIGHTS OF LESBIAN, GAY, BISEXUAL, 5. Tunisia: Release immigration detainees amid COVID-19 pandemic TRANSGENDER AND INTERSEX (Press release, 29 April) (LGBTI) PEOPLE LGBTI people continued to be arrested and prosecuted under laws that criminalize TURKEY consensual same-sex sexual relations, “indecency” and acts deemed “offensive to Republic of Turkey public morals”. According to DAMJ, the Head of state and government: Recep Tayyip Erdoğan Tunisian Association for Justice and Equality, between January and October, courts The judiciary disregarded fair trial convicted at least 15 men and one woman guarantees and due process and continued under Article 230 of the Penal Code, which to apply broadly defined anti-terrorism laws criminalizes “sodomy”. to punish acts protected under international Transgender people faced police human rights law. Some members of the harassment and continued to live with the judiciary and were risk of arrest under vague “public decency” subjected to sanctions for the legitimate articles of the Penal Code, including Article exercise of their professional duties. The 226bis. judicial harassment of individuals such as On 5 August, a police officer verbally journalists, politicians, activists, social abused Rania Amdouni, a feminist LGBTI media users and human rights defenders for rights activist and President of the association their real or perceived dissent continued. Chouf Minorities, in the centre of downtown Four human rights defenders, including Tunis. This led to a verbal altercation between Taner Kılıç, were convicted in the baseless

Amnesty International Report 2020/21 363 Büyükada trial. Despite his acquittal in the services unavailable in Turkey. In December, Gezi trial and a European Court of Human YouTube announced it was setting up a legal Rights (ECtHR) ruling for his release, entity in the country. Osman Kavala remained in prison. Comments by a senior state official against STATE OVERREACH LGBTI people were endorsed by some Judiciary and lawyers government officials, including President A disciplinary investigation initiated by the Erdoğan. The ruling party threatened to Council of Judges and Prosecutors against withdraw from the Istanbul Convention. the three judges who on 18 February Legal amendments introduced in the acquitted the Gezi trial defendants, including context of COVID-19 excluded from early civil society leader Osman Kavala, was release individuals who had been unjustly ongoing at the end of the year. The convicted under anti-terrorism laws and investigation followed the President’s public those held in pre-trial detention. Credible criticism of the acquittal decision. reports of torture and other ill-treatment In July, Parliament passed a law changing continued to be made. the structure of bar associations. Thousands of lawyers protested and 78 out of 80 bar BACKGROUND associations signed a statement opposing the In February, Turkey launched a military reform. The new law weakens the operation (Spring Shield) against Syrian associations’ authority and independence. forces after Syrian air strikes killed 33 Turkish Criminal investigations targeting lawyers for soldiers in Idlib, Syria (see Syria entry). representing clients accused of “terrorism- Concurrently, Turkey declared its borders related offences” continued. with the EU open, and encouraged and In September, police detained 47 lawyers facilitated the transportation of thousands of on suspicion of “membership of a terrorist asylum-seekers and migrants to Greece’s organization”, based solely on their work. At land borders. Greek forces responded with least 15 lawyers were remanded in pre-trial violent pushbacks, resulting in at least three detention. Also in September, the Court of deaths. In April, the government used the Cassation upheld the prison sentences of 14 COVID-19 crisis to further crack down on the lawyers from the Progressive Lawyers opposition, banning several opposition-run Association, prosecuted under terrorism- municipal donation campaigns and related legislation. launching investigations into pandemic fundraising efforts by the mayors of Istanbul REPRESSION OF DISSENT and . Criminal investigations and prosecutions In March and again in October, due to the under anti-terrorism laws and punitive pre- COVID-19 pandemic, the Ministry of Health trial detention continued to be used, in the prohibited health workers from resigning. The absence of evidence of criminal wrongdoing, measure was initially foreseen for a three- to silence dissent. month period but was later extended until Under the guise of combating “fake further notice. news”, “incitement” or “spreading fear and In November and December, social media panic”, the authorities used criminal law to companies, including Facebook, Twitter and target those discussing the COVID-19 Instagram, were fined 40 million Turkish liras pandemic online. The Cyber Crimes Unit of (more than €4 million) each for failing to the Interior Ministry alleged that 1,105 social appoint a legal representative in Turkey as media users had made “propaganda for a required by the amended law on social terrorist organization”, including by “sharing media. Companies failing to meet legal provocative COVID-19 posts” between 11 obligations will face further sanctions, March and 21 May; reportedly 510 were including reduced bandwidth, making their detained for questioning.

364 Amnesty International Report 2020/21 In October, the President targeted the and not to be subjected to the misuse of Turkish Medical Association (TTB) and called limitations on rights had been violated. its new chair “a terrorist” after the TTB In December, Parliament passed a new repeatedly criticized the government’s law ostensibly to prevent the financing of the response to COVID-19. proliferation of weapons of mass destruction, In April, as COVID-19 spread in the with severe consequences for civil society country, the government amended the law on organizations. The law included allowing the the execution of sentences, enabling the removal of individuals facing prosecution early release of up to 90,000 prisoners. under anti-terrorism laws from boards of Specifically excluded were prisoners in pre- NGOs to be replaced with government- trial detention and those convicted under appointed trustees. terrorism laws. Abusive investigations and prosecutions FREEDOM OF EXPRESSION targeting former parliamentarians and Journalists and other media workers members of opposition parties continued. In remained in pre-trial detention or served June, an Istanbul Appeals Court upheld the custodial sentences. Some prosecuted under conviction of Canan Kaftancıoğlu, Istanbul anti-terrorism laws were convicted and Provincial Chairperson of the opposition sentenced to years of imprisonment, their Republican People’s Party (CHP). She was legitimate work presented as evidence of sentenced to nine years and eight months in criminal offences. prison for “insulting the President” and In March, police detained at least 12 “insulting a public official”, “inciting enmity journalists for their reporting of the COVID-19 and hatred” and “making propaganda for a pandemic, including journalist and human terrorist organization”. The sentence referred rights defender Nurcan Baysal, who to tweets she had shared seven years earlier. was accused of “inciting the public to enmity The case was pending before the Court of and hatred” for her social media posts. Six Cassation at year’s end. journalists were imprisoned for their reporting In October, 20 former and current on the funeral of two alleged intelligence members of the pro-Kurdish Peoples’ officers from the Turkish National Intelligence Democracy Party (HDP), including the Mayor Agency (MIT) killed in Libya. In May, the six of Kars city, Ayhan Bilgen, were remanded in detained and one other journalist were pre-trial detention for their alleged role in indicted for “revealing the identities of violent protests in October 2014. The intelligence officers”. In September, five of accusations were largely based on social them received prison sentences for media posts from the official HDP twitter “publishing intelligence information”. account at the time. Following the remand in Journalists Alptekin Dursunoğlu and Rawin pre-trial detention of Ayhan Bilgen, the Sterk Yıldız, detained for their social media Ministry of Interior on 2 October appointed posts in March, were released at their first the Kars Governor as trustee to Kars hearing in March and September Municipality. Former co-chairs Selahattin respectively. Their cases continued at the Demirtaş and Figen Yüksekdağ remained in end of the year. pre-trial detention as part of the same investigation since September 2019. A new HUMAN RIGHTS DEFENDERS indictment was pending at the first instance Dozens of human rights defenders faced court at the end of the year, days after the criminal investigations and prosecutions for ECtHR’s Grand Chamber called for the their human rights work. immediate release of Selahattin Demirtaş, In July, the Büyükada trial of 11 human finding that his rights to freedom of rights defenders concluded with the court expression, liberty and security, free elections convicting Taner Kılıç of “membership of the Fethullah Gülen Terrorist Organization

Amnesty International Report 2020/21 365 (FETÖ)”, sentencing him to six years and “membership of a terrorist organization”, three months’ imprisonment; İdil Eser, Günal based on his human rights work. An appeal Kurşun and Özlem Dalkıran were sentenced was pending at the end of the year. to “one year and 13 months” for “knowingly In October, following a 2019 report by the and willingly supporting FETÖ”. The research group , the remaining seven defendants were acquitted. trial of three police officers and an alleged On 1 December, a regional appeals court member of the armed Kurdistan Workers upheld the convictions of the four defenders, Party (PKK) accused of killing human rights who appealed to the Court of Cassation. lawyer Tahir Elçi began almost five years after In February, Osman Kavala and eight other his death in Diyarbakır. The officers faced civil society figures were acquitted of all charges of “causing death by culpable charges including “attempting to overthrow ”. the government” and allegedly “directing” the 2013 . However, RIGHTS OF LESBIAN, GAY, BISEXUAL, Osman Kavala was detained on new charges TRANSGENDER AND INTERSEX (LGBTI) just hours after his release. In May, the Grand PEOPLE Chamber of the ECtHR confirmed its In April, a senior state official at the Religious December 2019 decision calling for his Affairs Directorate (Diyanet) blamed immediate release, having found his homosexuality and people in extra-marital prolonged pre-trial detention to be unlawful relationships for the spread of HIV/AIDS. He and serving an “ulterior purpose”. In its urged followers to combat this “evil” in a examinations of the case in September and Friday sermon focusing on the COVID-19 October and its interim resolution in pandemic, a call supported by the President. December, the Council of Europe’s Bar associations criticizing the statements Committee of Ministers urged Turkey to faced criminal investigation under Article comply with the ECtHR’s ruling. 216/3 of the Penal Code that criminalizes In October, an Istanbul court accepted a “insulting religious values”. new indictment against Osman Kavala and US academic Henri Barkey, charging them RIGHTS OF WOMEN AND GIRLS with “attempting to overthrow the In July, the brutal murder of 27-year-old constitutional order” and “espionage”, student Pınar Gültekin led to country-wide despite lack of evidence. In December, the protests. The trial of two men accused of her General Assembly of the Constitutional Court murder continued at the end of the year. found no violation in relation to his ongoing In August, suggestions by some politicians pre-trial detention. Osman Kavala remained in the ruling Justice and Development Party in prison at the end of the year. (AKP) to withdraw from the Istanbul In January, the Istanbul prosecutor Convention sparked country-wide requested the conviction of human rights demonstrations. Women’s rights lawyer in the main Özgür organizations criticized the lack of Gündem trial, along with others who had implementation of the Convention, including participated in a solidarity campaign. In an adequate response to rising domestic February, in an interim ruling, her co- violence during COVID-19 restrictions. The defendants Necmiye Alpay and Aslı Erdoğan Ministry of Interior announced that 266 were acquitted. The prosecution against Eren women had died as a result of gender-based Keskin and three other defendants violence in 2020, though the figures provided continued. by women’s organizations were much higher. In March, Raci Bilici, former chair of the Diyarbakır branch of the NGO Human Rights FREEDOM OF ASSEMBLY Association (IHD), was sentenced to six years In March, for the second year running, the and three months’ imprisonment for authorities banned the International Women’s

366 Amnesty International Report 2020/21 Day march in Istanbul. Police used tear gas and plastic bullets to disperse peaceful ENFORCED DISAPPEARANCES protesters who had defied the ban. In February, Gökhan Türkmen, one of seven The prosecution of six women accused of men accused of links with the Fethullah “failure to disperse” under Article 32 of the Gülen movement who went missing in 2019, Law on Meetings and Demonstrations began recounted in court the torture and other ill- in November. The charges related to their treatment he had been subjected to during participation in the peaceful December 2019 the 271 days of his enforced disappearance. Las Tesis protest to end femicide. The court requested a criminal investigation In June, an Ankara administrative court to be launched into his allegations. ruled that banning the Pride march by The whereabouts of Yusuf Bilge Tunç, students on campus was unlawful. On 10 disappeared in August 2019, remained December, the trial of 18 students and one unknown at the end of the year. academic of the Middle East Technical University in Ankara for attending a campus- based Pride march in May 2019 was RIGHTS OF REFUGEES, ASYLUM- postponed to April 2021. SEEKERS AND MIGRANTS Turkey continued to host the largest refugee TORTURE AND OTHER ILL-TREATMENT population in the world: around 4 million In September, Osman Şiban and Servet people, including 3.6 million Syrians. The Turgut suffered severe injuries after being 2016 EU-Turkey deal, which provides detained and allegedly beaten by a large European financial assistance to support group of soldiers in Van province, according refugees in Turkey in exchange for its co- to Osman Şiban’s testimony. Servet Turgut operation on migration control and returns, died in hospital on 30 September. Statements continued to operate. by the Van Governor’s Office and the Minister After announcing the opening of the EU of Interior contradicted eye-witnesses’ and borders on 27 February, Turkey recklessly Osman Şiban’s statements. A criminal encouraged and facilitated the movement of investigation into the allegations of torture asylum-seekers and migrants to the Greek opened by the Van Prosecutor was subjected land border, where violent pushbacks led to to a secrecy order. In October, four journalists deaths and injuries (see Greece entry). At the who covered the case were arrested in Van end of March, Turkish authorities removed for being “members of a terrorist people from the border area. organization” on the grounds of the news According to an NGO report published in agencies they worked for and of making news October, Turkey deported more than 16,000 on “public incidents in line with PKK/KCK’s Syrians to Syria during the year. A group of [Kurdistan Communities Union] perspective Syrians reported in May they were forcibly and orders to the detriment of the state”. returned to Syria and had been pressured In December, a prisoner on pre-trial into signing documents stating that they detention at Diyarbakır prison, Mehmet wanted to return.1 Sıddık Meşe, was denied access to urgent As of September, according to UN medical care and to examination by medical numbers, Turkey deported around 6,000 forensic staff after he was allegedly subjected people to Afghanistan, although the situation to severe beating by prison guards. The in the country still did not allow safe and prosecuting authorities had not launched an dignified returns. independent investigation into the allegations by year’s end. 1. Turkey: Halt illegal deportation of people to Syria and ensure their safety (EUR 44/2429/2020)

Amnesty International Report 2020/21 367 fined. The advice changed in July after the TURKMENISTAN Ministry of Health recommended mask wearing owing to “increased levels of dust in Turkmenistan the air”. Head of state and government: Gurbanguly A WHO mission, following a visit in July, Berdymukhamedov noted the recent measures to prevent COVID-19 transmission and called for the The regime in Turkmenistan remained country to further activate critical public deeply authoritarian. Serious human rights health measures such as test and trace. The violations were routine. The right to health delegation noted that the hospitals they was violated in the context of the outbreak visited were well equipped without high bed of the COVID-19 pandemic in the country. occupancy rates or a significant number of The authorities continued to deny that there patients with respiratory diseases. According were any cases of COVID-19 despite to Radio Free Europe, however, the hospitals evidence to the contrary. The right to had stopped receiving patients days before freedom of expression was severely the arrival of the WHO mission, and those restricted. Consensual sex between men with respiratory diseases had been moved to remained a criminal offence. Conscientious other wards not visited by the delegation. objectors to military service risked being Despite continuing official denial of deaths imprisoned. The fate and whereabouts of at from COVID-19, the NGO Analytical Centre least 120 prisoners subjected to enforced for Central Asia analysed Google Maps to disappearance remained unknown. track the digging of graves in the town of Balkanabad. They estimated that between 25 BACKGROUND March and 16 April alone, 317 new graves Turkmenistan remained effectively closed to were dug, as opposed to 524 for the entire human rights and other international period from 31 May 2018 to 25 March 2020. monitors. The media operated under firm state control, leading to self-censorship and REPRESSION OF DISSENT an inability to report events regarded by the The authorities continued to stifle peaceful authorities as negative, including the spread expression of dissent or criticism. One of the of COVID-19. The standard of living most sustained protests followed repeated continued to fall and shortages of food as well hurricanes and heavy rains in the eastern as cash persisted, with often exceptionally part of the country in April and May, which long queues at the limited number of bank destroyed houses and caused dozens of machines. The extent of the economic fatalities. Residents left for weeks in flooded problems was masked by an official houses with no electricity blamed the inaction exchange rate which overvalued the local of the authorities and there were protests by currency. people at home and abroad. The authorities attempted to stop the protests abroad by RIGHT TO HEALTH putting pressure on the demonstrators and The authorities continued to deny the their relatives in Turkmenistan. Turkmenistani occurrence of any COVID-19 cases. They students in Turkey reported being visited by delayed the introduction of WHO- Turkmenistani secret police who threatened recommended measures such as physical to have them forcibly returned if they had distancing and masks until July, while taken part in demonstrations. A friend of the holding mass events requiring mandatory organizer of the protest action in Istanbul, participation to mark the traditional Novruz who was living in Turkmenistan, was spring holiday in March and World Bicycle reportedly repeatedly summoned to the local Day in June. In April, Radio Free Europe branch of the Ministry of National Security reported that those wearing a mask would be where he was beaten and asked to tell the

368 Amnesty International Report 2020/21 organizer not to participate in the protest movement. Several dozen people were also ENFORCED DISAPPEARANCES detained in Turkmenistan on accusations of The fate and whereabouts of at least 120 sharing photos and video clips of the prisoners subjected to enforced hurricane damage with relatives and other disappearance remained unknown. Some contacts abroad. One, Pygambergeldy were imprisoned after an alleged Allaberdyev, was sentenced in September to assassination attempt on then President six years’ imprisonment on fabricated Saparmurat Niyazov in November 2002. One, charges of hooliganism and bodily harm for Yazgeldy Gundogdyev, died in detention in his links to activists abroad. December; he had been serving his sentence incommunicado. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PEOPLE Consensual sexual relations between men UGANDA remained a criminal offence punishable by Republic of Uganda up to two years’ imprisonment. In May, a Head of state and government: Yoweri Kaguta well-known entertainer was sentenced to two Museveni years’ imprisonment for consensual same-sex sexual relations. An unknown number of The authorities continued to restrict the other men from the entertainment industry rights to freedom of expression, peaceful were also reportedly sentenced. assembly and association. Security forces Widespread societal homophobia and used excessive and unnecessary lethal force transphobia left LGBTI people, or those and killed at least 66 people. Courts made perceived to be, highly vulnerable to torture several rulings which promised to protect and other ill-treatment, sexual abuse, and human rights. The authorities continued to extortion at the hands of the police and carry out forced evictions, including against others. They also came under severe Indigenous Peoples. Refugees and asylum- pressure from their families who sought “to seekers were left stranded and in need of protect the family honour” including by humanitarian aid when borders were closed imposing forced marriages. in March to contain the spread of COVID-19. FREEDOM OF RELIGION AND BELIEF Conscientious objectors faced criminal BACKGROUND prosecution. Two Jehovah’s Witnesses, On 22 March, President brothers Eldor and Sanjarbek Saburov, were issued directives which included lockdown sentenced to two years’ imprisonment in measures to halt the spread of COVID-19. In August after a previous administrative July, after 34 years as President, he sentence for refusing to perform military confirmed he would stand for re-election in service. Myrat Orazgeldiyev was also given a the January 2021 general elections. two-year prison sentence in September. The NGO Forum 18 reported that four other EXCESSIVE USE OF FORCE Jehovah’s Witnesses were imprisoned as Security forces, including police, military and conscientious objectors during the year, and members of the armed civilian defence force that six others sentenced in 2018 and 2019 – the Local Defence Unit (LDU) – used continued to serve jail terms at the end of the excessive, unnecessary, and in some cases year. lethal force while enforcing physical distancing and other measures introduced to contain the spread of COVID-19.

Amnesty International Report 2020/21 369 On 30 March, the Chief of Defence Forces food to needy families during lockdown. On 4 publicly apologized to a group of women who May, he appeared with his face swollen in a were subjected to excessive force by security video from Lubaga Hospital in Kampala. He agents – mostly LDU members – and said the said he had been tortured over several days military would hold those responsible to in various detention facilities. account but did not specify how. Several videos had emerged showing security agents FREEDOMS OF EXPRESSION, ASSEMBLY beating the women who were selling fruit in AND ASSOCIATION Kampala, for allegedly violating the COVID-19 Political opposition members and activists, measures. journalists and others were arrested, detained and faced prosecution for exercising their UNLAWFUL KILLINGS rights to freedom of peaceful assembly, Security forces unlawfully killed at least 66 expression and association. people in the period from March onwards, at In January, police arrested and charged least 12 of whom were killed for violating five protesters, including Robert Kyagulanyi lockdown measures. for violating the Public Order Management Since electoral campaigns began on 9 Act (POMA) during a political rally to protest November, dozens of people were killed in the introduction, in 2018, of a social media the context of riots or protests, most of them tax. They were all released on police bond shot dead by police and other security forces, the same day. During the arrests, police fired including armed individuals in plain clothes. tear gas to disperse the demonstrators. On On 18 and 19 November, 54 people were 10 September, the Buganda Road Chief killed in protests that followed the arrest of Magistrate Court in Kampala suspended opposition presidential candidate and proceedings against the five protesters, popular musician, Robert Kyagulanyi (also stating that the Court lacked powers to known as ) while campaigning in interpret such a case and deferred it to the eastern Uganda. Constitutional Court. In March, the Constitutional Court cancelled the provisions TORTURE AND OTHER ILL-TREATMENT under the POMA which gave police excessive Kakwenza Rukirabashaija, an activist from powers to prohibit public gatherings and the eastern town of Iganga, said he had been protests. tortured in Mbuya Military Barracks, In February, the Kampala High Court Kampala, in April. He was arrested in April ordered the release of Stella Nyanzi, an and again in September by military police. On activist and academic, on the basis that she the first occasion, he was held for 23 days on had been wrongfully convicted of harassing trumped-up charges of defamation and the President online, and that her human cyber-related crimes before being charged rights had been violated. She was released with “committing negligent acts likely to on 20 February, just days before she was due spread infectious diseases” and released on to complete the 18-month prison sentence police bond. In September, he was released she had been handed following her on bond after three days, after being charged conviction. By the end of the year, she had with inciting violence and promoting been arrested and released at least three . Both arrests were connected to more times for organizing peaceful books he had written which criticized the assemblies in protest at the government’s President and his family and the authorities. COVID-19 restrictions. On 19 April, the authorities arrested In June, the Electoral Commission of Francis Zaake, an opposition MP. On 29 Uganda launched a revised COVID-19 April, he was released on police bond after election road map for the 2021 general being charged with disobeying the COVID-19 elections, requiring that all political presidential directives, when he distributed campaigning be conducted exclusively

370 Amnesty International Report 2020/21 online, thereby banning public political In August, the Permanent Secretary in the gatherings. These regulations were applied Ministry of Lands, Housing and Urban more stringently against opposition Development announced that the cabinet candidates. In September, the Uganda had directed the Ministry to allocate 82.5km2 Communications Commission ordered all of land in the Mount Elgon National Park in online data communication and broadcast the east of the country to the Indigenous service providers to obtain licences before Benet people. Since 1983, the Benet have posting information on the internet. suffered multiple forced evictions by various On 27 July, police arrested Bwaddene authorities, including the National Forestry Basajjamivule, a broadcast journalist and Authority and the Uganda Wildlife Authority. charged him with promoting violence and These evictions, along with other housing sectarianism. The charges were connected to rights violations over a 12-year period, have comments he made in a video posted on left at least 178 families living in internally Facebook in which he alleged that people displaced people’s camps. from ethnic groups in western Uganda were favoured in appointments to the military and HUMAN RIGHTS DEFENDERS the government. He was released on police On 11 June, the High Court in Kampala bond on 29 July. ordered Makerere University to pay damages On 10 December, the Media Council of of UGX120 million (US$32,600) to Stella Uganda cancelled the accreditation of all Nyanzi for her wrongful dismissal from her foreign journalists. All media outlets and research post in 2018 and ordered that she media workers in Uganda were forced to be reinstated. apply afresh for accreditation before 31 On 30 June, anti-riot police arrested December. lawyers Kaijuka Aaron, Marunga Christine, On 26 December, the Electoral Balyerali Joan, Tuwayenga Brian, Bajole Eric, Commission of Uganda suspended political Muhindo Morgan and Nafula Elizabeth in gatherings in more than 10 districts citing Kiryandongo district as they were preparing COVID–19 prevention but without providing submissions for a hearing on the forced sufficient details to justify why these localities eviction of the Maragoli Indigenous people should be subject to restrictions. (see above, Forced evictions). They were charged with “negligent acts likely to spread FORCED EVICTIONS infectious diseases” and released on police Between February and August, the bond on 1 July. authorities forcibly evicted over 35,000 On 4 September, police arrested eight Maragoli Indigenous people from their homes human rights defenders in Kiryandongo in Kiryandongo district in the west to pave district, held them for three days and way for industrial farming. charged them with threatening violence and The authorities failed to establish adequate malicious damage to property before procedures to protect the rights of those releasing them on police bond on 8 being evicted, despite a High Court order in September. One of them, Pamela Mulongo, 2019 which ruled that the state should was brutally beaten during her arrest and urgently develop and implement protection detention. The eight were arrested after they guidelines. The Court noted that even when had asked a company – accused of seizing evictions are inevitable, they must comply community land in the area – to return with human rights standards. In at least two livestock confiscated for allegedly trespassing cases, the authorities failed to comply with on company property. the requirements to seek the free, prior and On 22 December, the authorities arrested informed consent of Indigenous Peoples Nicholas Opiyo, the Executive Director of regarding projects that led to their evictions Chapter Four Uganda, a human rights from their ancestral lands. organization, along with four others he was

Amnesty International Report 2020/21 371 meeting and placed them in incommunicado humanitarian aid or protection. They lived in detention overnight at the Special makeshift camps and were in urgent need of Investigations Unit of the police in Kireka, adequate shelter, food, medical care and Kampala. On 23 December, the authorities clean water. released all the men except Nicholas Opiyo on police bond. Nicholas Opiyo was held on fabricated charges of money laundering until the High Court released him on bail of UKRAINE UGX15 million (around US$4,050) on 30 Ukraine December. Head of state: Head of government: Denys Shmyhal (replaced Oleksiy RIGHTS OF LESBIAN, GAY, BISEXUAL, Honcharuk in March) TRANSGENDER AND INTERSEX (LGBTI) PEOPLE The right to health was compromised by a Security forces used directives for the control significant shortage of PPE during the of COVID-19 infection as a pretext to COVID-19 pandemic; families of health arbitrarily arrest and detain dozens of LGBTI workers who died faced bureaucratic people. On 23 March, 23 young LGBTI obstacles to compensation. Allegations of people living in a shelter were arrested. Four torture and other ill-treatment, particularly were released on medical grounds during the in police custody, continued. Security first three days after their arrest; the service officials responsible for secret remaining 19 were charged with “negligent detention and torture in eastern Ukraine acts likely to spread infectious diseases” and from 2014 to 2016 continued to enjoy “disobeying legal orders” and were detained complete impunity. Attacks by groups without access to their lawyers or to medical advocating discrimination against activists treatment. Some were denied access to anti- and marginalized minorities continued, retroviral medications. They were released on often with total impunity. Intimidation and 18 May, and in June the High Court awarded violence against journalists were regularly each of them compensation of UGX5 million reported. Domestic violence remained (US$1,360) for being arbitrarily detained by widespread; access to support services was the police for 50 days. negatively affected by strict COVID-19 measures. Both sides in the conflict in REFUGEES AND ASYLUM-SEEKERS eastern Ukraine imposed travel restrictions, Uganda was host to around 1,430,000 impacting the socioeconomic rights of local refugees and asylum-seekers at the end of people. In occupied Crimea, the crackdown the year. on dissent and human rights defenders On 20 March, the government closed continued. country borders in response to the COVID-19 pandemic, as conflict in eastern Democratic BACKGROUND Republic of the Congo (DRC) drove over COVID-19 restrictions were introduced in 10,000 refugees seeking entry to Uganda to March but failed to effectively prevent its camp near the border. On 1 July, Uganda spread. This was exacerbated by a lack of temporarily opened the border in Zombo PPE and sufficient testing, which in turn district in the north, to allow refugees from put strain on the health care system. the DRC to enter. Local elections in October, marked by low The border with South Sudan remained turnout, showed falling ratings for closed, leaving hundreds of people displaced mainstream parties in favour of local parties by conflict between government forces and and political activists. Voting did not take armed groups in South Sudan’s Central place in many locations in eastern Ukraine, Equatoria state without access to

372 Amnesty International Report 2020/21 including some under government control, On 23 May, a man was taken to Kaharlyk ostensibly due to security concerns. District police station in region as a A major reform of the Prosecutor General’s criminal suspect along with his wife as a Office began, with 55% of prosecutors witness. Their allegations that they were dismissed following reappraisals, but stalled tortured and the woman repeatedly raped, after its head was sacked. His replacement were widely reported in the media. In May, left another key agency in the criminal justice two police officers from Kaharlyk were system, the State Investigations Bureau detained by the State Investigation Bureau which she had headed, without permanent and remanded as criminal suspects. Other leadership. alleged survivors of torture in Kaharlyk came In September, the government made forward. Five police officers from Kaharlyk human rights a compulsory element in the were subsequently charged with unlawful school curriculum for pupils aged 11 to 15, deprivation of liberty and torture. The effective from 2022. Minister of the Interior refused to resign, but The ceasefire between government forces promised additional measures for torture and Russia-backed armed groups in eastern prevention, including better registration and Ukraine largely held, bar minor flare-ups in monitoring systems. March and May. The territory of Crimea remained under Russian occupation. IMPUNITY No justice, truth or reparation was attained RIGHT TO HEALTH for any of the victims of enforced A significant shortage of PPE for medical disappearance, secret detention and torture workers, which continued until the end of the and other ill-treatment of civilians by the year, and insufficient testing for COVID-19 Security Service of Ukraine (SBU) from 2014 was reported by the Health Ministry. By mid- to 2016, and not a single suspected December, over 51,731 medical workers perpetrator was prosecuted. The new head of were reported to be infected with COVID-19, the SBU noted in June that the agency out of a total of 1,055,047 confirmed and a currently had no secret prisons, but said further 1,214,362 “suspected cases”. nothing of such practices in the past, and According to the Minister of Social Policy, denied torture. The four-year-old investigation over 300 medical workers had died by 19 into this practice was handed over by the December but only 53 deaths were Military Prosecutor’s Office to the State recognized as work-related by a special Investigation Bureau in December 2019, but commission. Their families had been by year’s end, had yielded no tangible promised state compensation but according results. to media reports, by 12 November, only 21 had received full and 22 partial DISCRIMINATION compensation, due to onerous bureaucracy Members of groups advocating discrimination and the necessity of proving that the (commonly described in Ukraine as far-right deceased contracted COVID-19 at work. groups) continued to target civil society activists, political opponents, journalists and TORTURE AND OTHER ILL-TREATMENT members of marginalized groups with Allegations of torture and other ill-treatment, harassment, intimidation and violence – often particularly of detainees in police custody, with total impunity. were regularly reported. The final figures for On 12 June, members of the Feminist 2020 published by the Prosecutor General’s Workshop NGO attempted to take down Office indicated that it registered 129 alleged posters with discriminatory messages in the torture cases, pressed charges in 59 cases capital Kyiv and were attacked by some 15 and closed proceedings in 52 cases. men from a far-right group. The assailants pushed and verbally demeaned the activists,

Amnesty International Report 2020/21 373 hit one of them in the face and threatened with their editorial policies, and intimidation further violence. An eyewitness called the and violence against journalists, were police, but none arrived within 45 minutes. regularly reported. The activists filed a report with the police and In July, journalist Katerina Sergatskova, the an investigation was launched, but no co-founder of the web-based media outlet progress was reported by the end of the year. Zaborona, was targeted in a smear campaign On 30 August, LGBTI activists in by a popular blogger, who criticized her work were unable to form a human chain of and published details of her personal life solidarity at their intended location because it along with a photo of her young son. was occupied by counter-demonstrators. The Comments by his readers also contained police insisted that LGBTI activists move to Katerina Sergatskova’s home address and another location, but reportedly offered no further photos; she also received death protection when the counter-protesters threats and abusive messages. Katerina followed and attacked them. Activists were Sergatskova reported these to the police, but pelted with eggs, sprayed with tear gas, and no action was taken until she won a court assaulted; several sustained burns and other case complaining about police inaction. In injuries. Police arrested 16 alleged assailants. the meantime, she had left Kyiv for her personal safety. Roma The trial of a man and two women Discrimination against Roma persisted. The suspected of direct involvement in the killing pandemic further affected their livelihoods as of journalist in July 2016 the informal economy, on which many of began in September with all three claiming them rely, contracted. Those lacking official their innocence. Meanwhile, an investigation identification could not access social into who ordered the killing was ongoing in benefits, pensions, or health care. separate proceedings, with no outcome No progress was reported in the reported by year’s end. investigation into the violent attack against an informal Roma settlement in Lysa Hora park GENDER-BASED VIOLENCE in Kyiv in April 2018, despite the public Domestic violence nature of the attack and early identification of Domestic violence remained widespread, the alleged perpetrators from publicly under-reported, and often ineffectively available video footage of the incident. addressed. Legal and institutional initiatives A Roma family camping in the Lysa Hora of recent years intended to address domestic vicinity described how they were violently violence were often poorly implemented, if at attacked on 29 April by two men who entered all. Police were reluctant to issue emergency their makeshift tent in the early hours of the protective orders, and unwilling or unable to morning. They pepper-sprayed inside the tent enforce them. Military personnel and police and beat the young Roma man with a officers remained among those exempt from wooden board. When his wife asked them to provisions under the Administrative Code stop and told them that she was pregnant which punish domestic violence. In practice, they verbally abused her and shouted, this can mean that they also avoid “Someone like you should only be raped”. prosecution for domestic violence as a The tent was burnt, together with the family’s criminal offence, as the law is often possessions and documents. On 2 May, interpreted as requiring two previous police opened a criminal investigation, but no convictions under the Administrative Code to outcome had been reported by year’s end. meet the threshold of “systematic” abuse needed for a criminal prosecution. FREEDOM OF EXPRESSION The conflict in eastern Ukraine continued Media remained pluralistic and largely free, to amplify such systemic flaws and erode the although harassment of outlets in connection institutional response to systems of

374 Amnesty International Report 2020/21 protection.1 A woman from region Prosecutor of Rivne Garrison repeatedly reported to police in 2019 at least five returned the case file to the investigation to instances of violence by her husband, a rectify purported irregularities, including for military serviceman, but the police were investigative activities that had already been unable to apply any administrative measures. undertaken. The case did not reach court by In 2020, criminal proceedings were started the year’s end, nor was the officer indicted. against the man and a restraining order issued, but no disciplinary or other measures Lesbian, gay, bisexual, transgender and intersex were taken by his senior officers while the (LGBTI) people investigation was ongoing. On 30 April, a 19-year-old transgender In May, a petition signed by 25,000 people person from Zhytomyr was badly beaten, was delivered to President Volodymyr sexually assaulted and robbed by a group of Zelensky calling for ratification of the Istanbul youths who then tried to take them hostage Convention, an international treaty against and demanded money from their father violence against women and domestic before police were called. A criminal violence. In September, the President signed investigation was opened but the transphobic a decree, “on urgent measures for prevention hate motive of the crime was ignored by the and combating domestic violence”, which police. Meanwhile, no restraining measures obliged the government to develop a state were applied against the suspects. programme lasting until 2025, including In May, three alternative draft laws were measures to improve inter-agency co- tabled in Parliament to introduce sexual ordination, further legislative amendments, orientation and gender identity as specific and the adoption of rehabilitation hate crime grounds in the Criminal Code. programmes for offenders. However, the These initiatives provoked criticism from decree made no mention of the Istanbul religious and other groups, and none were Convention, and no steps towards its put to a vote. ratification were taken during the year. LGBTI people subjected to hate crimes Access to support services for survivors of were reluctant to report them, lacking domestic violence was affected by strict confidence in the police and for fear of COVID-19 quarantine measures. The further reprisals. Where reported, such government-funded free legal aid offices crimes were seldom if ever effectively switched to providing only remote investigated or qualified as such, with the consultations for survivors. This precluded perpetrators facing minor or no charges. help to survivors who remained in premises with their abuser and could not discuss their DONBAS situation. Access to shelters was further Territories in eastern Ukraine controlled by complicated as it was conditional on the Russia-backed separatists remained beyond survivor first undergoing a medical the reach of many civil society and examination. Survivors from locations with no humanitarian actors. Suppression of all forms shelters could not travel elsewhere when all of dissent persisted, including through arrest, public transport, including buses and trains, interrogation and torture and other ill- was cancelled from March to May. treatment by the de facto authorities, and imprisonment in often inhumane conditions. Impunity Independent information from these Progress was manifestly stalled in the territories was increasingly sparse, its scarcity investigation into the allegations by exacerbated by severe pandemic-related Lieutenant Valeria Sikal, the first Ukrainian travel restrictions. ex-servicewoman who reported sexual harassment by a commanding officer in the Armed Forces in 2018. The Military

Amnesty International Report 2020/21 375 Seydaliyev, and human rights defender Freedom of movement Abdureshit Dzhepparov, and served them Both sides in the conflict imposed restrictions with an official written warning against taking on travel across the contact line, often part in future “unsanctioned actions” (any appearing as reciprocal measures. The UN protest or commemorative events). The Human Rights Monitoring Mission in Ukraine previous co-ordinator of Crimean Solidarity, reported that the number of crossings in both prisoner of conscience Server Mustafayev, directions dropped from a monthly average of was convicted on 16 September under one million to tens of thousands by October. terrorism-related charges alongside his seven Families were separated and numerous co-defendants and sentenced to 14 years in livelihoods affected. Older people who should prison by a military court in Rostov-on-Don, receive pensions from areas of Ukraine under in Russia. government control, those in need of Persecution of religious minorities substantive health care including HIV-positive continued. Two Jehovah’s Witnesses from people, and other marginalized groups, were Crimea, Serhii Filatov and Artem Herasymov, most affected by the lack of access to were convicted in separate trials for government-controlled territories. exercising their right to freedom of thought, Travel restrictions were somewhat eased in conscience and religion. They were each June. Restrictions applied by the de facto sentenced to six years’ imprisonment, in authorities in Donetsk appeared arbitrary. March and June respectively. They restricted travel to certain days without explanation and travel was subject to 1. Ukraine: Not a private matter: Domestic and sexual violence against advance application for permission, which in women in eastern Ukraine (EUR 50/3255/2020) numerous reported cases was rejected, also without explanation. CRIMEA UNITED ARAB A severe crackdown on human rights work and all dissent continued, as did restrictions EMIRATES on the media. Enforced disappearances from 2014, at the start of Russian occupation of United Arab Emirates the territory, were not investigated. Head of state: Khalifa bin Zayed Al Nahyan The occupying Russian authorities Head of government: Mohammed bin Rashed Al Maktoum continued to target human rights defenders, including members of Crimean Solidarity, a grassroots self-help group of ethnic Crimean Over two dozen prisoners of conscience, Tatars. Dozens of its members faced including well-known human rights politically motivated criminal proceedings, defender Ahmed Mansoor, continued to be mostly on allegations of purported detained in the United Arab Emirates membership of Hizb-ut-Tahrir, an Islamist (UAE). The state continued to restrict movement banned as “terrorist” in Russia freedom of expression, taking measures to but legal in Ukraine. Arbitrary intrusive house silence citizens and residents who searches, unofficial interrogation by Russian expressed critical opinions on COVID-19 security forces, and intimidation were also and other social and political issues. A widely used as reprisals against ethnic number of detainees remained in prison Crimean Tatars. past the completion of their sentences In March, members of Russian law without legal justification. A UK court found enforcement agencies visited the homes of that head of government Mohammed bin several Crimean Solidarity members, Rashed Al Maktoum had abducted and including its current co-ordinator Mustafa detained two of his daughters.

376 Amnesty International Report 2020/21 had arranged for his daughter Shamsa’s BACKGROUND enforced removal from the UK in 2000 and Emirati authorities continued to ban political the “capture” and detention of another opposition and to detain prisoners for such daughter, Latifa, in a maritime assault opposition. Scores of Emiratis continued to launched when she attempted to escape the serve prison sentences in the UAE-94 case, a royal family in 2018. mass trial of 94 defendants that concluded in 2013 with 69 convicted on charges of FREEDOM OF EXPRESSION seeking to change the system of government. More than 25 prisoners of conscience In February 2020, the UAE announced the remained in jail on account of their peaceful completion of its “phased military political criticism. They included attorneys withdrawal” from Yemen after five years of Mohamed al-Roken and Mohammed al- co-leading the coalition in the armed conflict. Mansoori, former heads of the UAE Jurists It continued, however, to illicitly divert Association (which the government took over weapons and military equipment to militias in in 2011 after the Association called for free Yemen (see Yemen entry). In Libya, the national elections), who were convicted in the Emirati government provided arms to the self- UAE-94 trial; Nasser bin Ghaith, a lecturer in proclaimed Libyan National Army, in violation economics at Sorbonne University’s Abu of a UN embargo, and operated military Dhabi branch, detained since 2015; and drones in Libyan airspace, in some cases human rights defender Ahmed Mansoor. leading to the killing of people not directly Government agencies in Dubai and Ajman participating in hostilities (see Libya entry). warned that they would prosecute individuals who spread information about COVID-19 ARBITRARY DETENTION deemed misleading by authorities, later At least 10 people continued to be arbitrarily announcing they had initiated several such detained after completing their prison prosecutions. sentences. Articles 40 and 48 of the counter- terrorism law (Federal Act No. 7 of 2014) UNFAIR TRIALS stated that those “adopting extremist or Emiratis and foreign national residents terrorist thought” may be held indefinitely in continued to face imprisonment following prison for “counselling”. Most such prisoners unfair trials. On 17 February, the State were held at al-Razin prison in the desert Security Chamber of the Federal Supreme south-east of Abu Dhabi city. They included Court upheld the conviction and sentencing Omran Ali al-Harithi, a defendant in the of five Lebanese men on charges of planning UAE-94 trial, who should have been released violent acts in the UAE. They had faced in July 2019; and Abdullah Ebrahim al-Helu, unfair trial procedures, including convicted in June 2016 of belonging to the incommunicado detention for months, denial charitable arm of al-Islah, the formerly legal of access to lawyers, and use of coerced Emirati branch of the Muslim Brotherhood, “confessions” as evidence.1 In May, Abdallah who was due for release in May 2017. The Awadh al-Shamsi – an Omani national born authorities released some prisoners after they to an Emirati mother and an Omani father appeared in videos posted to pro-government resident in the UAE – was sentenced to life in social media channels in which they prison after proceedings marred by a similar “confessed” that al-Islah was a “terrorist” pattern of violations. organization and repudiated their affiliation with it. ARBITRARY DEPRIVATION OF In March, the UK High Court of Justice NATIONALITY (Family Division) made public a fact-finding The estimated 20,000-100,000 stateless judgement reached the previous December people born in the UAE continued to be that concluded that the head of government deprived of equal access to rights covered for

Amnesty International Report 2020/21 377 Emirati citizens at state expense, such as clause that could be used to punish both state-subsidized health care, housing and same-sex sexual activity and extramarital sex. higher education, or jobs in the public sector. The provision was, in some cases, used to Access was dependent on proof of prosecute migrant labourers who had given citizenship and stateless people were denied birth out of wedlock, requiring such mothers recognition as citizens, despite most of them to serve prison sentences before being having roots in the UAE going back allowed to leave the country. generations. Stateless Emiratis given Comorian MIGRANTS’ RIGHTS passports under a 2008 deal between The sponsorship (kafala) system for Comoros and the UAE found it difficult or employing migrant workers in the UAE – impossible to get these passports renewed, alongside unsanitary living conditions in leaving many of them, once again, lacking overcrowded accommodations, scarce legal basic identity documents. protection and limited access to preventive health care and treatment – put these WOMEN’S RIGHTS workers in an even more vulnerable position Women remained unequal with men under and at risk of infection during the COVID-19 Emirati law. Married women were obliged “to pandemic.2 look after the house” as a “right” held by husbands under Article 56.1 of the Law on DEATH PENALTY Personal Status. The Article was amended in Courts continued to issue new death late 2019 to remove a line stating that a sentences, primarily against foreign nationals husband has the right to “courteous for violent crimes. No executions were obedience” from his wife. reported. Article 72 continued to allow judges to determine whether a married woman was 1. UAE: Supreme Court confirms verdict in an unfair trial (MDE permitted to leave the house and to work. 25/2000/2020) In the past two years Amnesty 2. UAE: Ensure protection of migrant workers in COVID-19 response International had reported that Article 53.1 of (MDE 25/2169/2020) the Penal Code, recognizing “a husband’s discipline of his wife” as “an exercise of rights,” was still in effect, but in 2020 the organization learned that this clause was UNITED KINGDOM removed in late 2016. United Kingdom of Great Britain and Northern Ireland Transmission of nationality continued to be Head of state: Elizabeth II granted on a gender-preferential basis, Head of government: meaning that children of Emirati mothers did not automatically receive nationality and were recognized as nationals only at the discretion The government response to COVID-19 of the federal cabinet. raised human rights concerns, including in In September, the UAE annulled Article relation to health, immigration policies, 334 of the Penal Code, which had made domestic abuse and housing. Instances of “honour” killings punishable by as little as racial discrimination and excessive force one month in jail. against protesters by the police were documented. Northern Ireland made SEXUAL AND REPRODUCTIVE RIGHTS progress on same-sex marriage and Consensual sexual behaviour continued to be abortion, but full accountability for past prosecuted under Article 356 of the Penal violations remained unrealized. New Code, authorizing a minimum of one year in licences for military exports to Saudi Arabia prison for “consensual violation of honour”, a resumed. Bills on counter-terrorism and

378 Amnesty International Report 2020/21 overseas military operations endangered were significantly over-represented among human rights. Extradition proceedings COVID-19 related deaths of health workers. against threatened the right The government resisted calls from over to freedom of expression. 70 organizations to immediately launch an independent public inquiry into its handling BACKGROUND of the COVID-19 pandemic, stating that an On 31 January, the UK left the European inquiry would take place at an unspecified Union and began an 11-month transition time in the future. period. In response to the COVID-19 pandemic, DISCRIMINATION parliament granted far-reaching emergency In March, a review of the so-called powers to the UK and devolved governments “Windrush scandal” was published. The for up to two years, subject to parliamentary review identified serious failings in the renewal every six months. Lockdowns government’s treatment of the Windrush implemented to slow the spread of the virus generation, who settled in the UK as British severely restricted freedom of movement, nationals from the Caribbean and other freedom of peaceful assembly and the right Commonwealth countries before 1973 but to privacy and family life. who, along with some of their descendants, At least 74,570 people died in the UK as a were later treated as if they had no result of COVID-19 in 2020. The economic permission to be in the UK. Although the impact of the pandemic caused widespread government promised to act on the far- hardship, particularly for those in insecure reaching recommendations of the review, the employment and people subject to proposed changes failed to address the root immigration controls. causes of the scandal, including the racism In May and June, Black Lives Matter embedded in nationality and immigration protests drew attention to systemic racism laws and policies. and discrimination against Black people. Discrimination in the exercise of police powers continued to be a concern. Data on RIGHT TO HEALTH fines issued for non-compliance with the The UK death toll due to COVID-19 COVID-19 related lockdown revealed that represented one of the highest death rates Black and Asian people were from the virus in Europe. Health and other disproportionately fined. In May, during the essential workers reported shortages of first national lockdown, police in London adequate personal protective equipment conducted a record number of stop and (PPE) to minimize their risk of contracting searches: 43,644, of which 10,000 targeted COVID-19. By 25 May, 540 deaths involving young Black men. Racial disproportionality COVID-19 had been registered among social specifically against Black people continued to care and health workers.1 The authorities feature heavily across various policing issues, violated the right to health and right to life of including the use of force and of Taser. Police older people resident in care homes, figures published in 2020 showed that Black including by failing to provide adequate PPE people were up to eight times more likely to and regular testing, discharging infected or have Taser used against them than White possibly infected patients from hospitals to people in 2018/19. High-profile cases of care homes and suspending regular oversight Taser use against Black people in London procedures.2 and Manchester, including one case in the In June, an official investigation found that presence of a child, highlighted this issue. people of Black and Asian ethnicity were disproportionately impacted by COVID-19. In FREEDOM OF ASSEMBLY particular, Black and Asian health workers In June, police used excessive force against Black Lives Matter protesters in London,

Amnesty International Report 2020/21 379 including the confinement of people to a narrow space (“kettling”) and the use of RIGHT TO HOUSING horses to disperse crowds. Police issued In response to the COVID-19 pandemic, the approximately 70 infringements of COVID-19 government introduced some measures, restrictions to peaceful protesters at Black albeit only short-term, to protect the right to Lives Matter demonstrations in and housing. It suspended court proceedings for Derry-Londonderry and initiated criminal evictions in England and Wales from 27 investigations against the organizers, relying March until 20 September and temporarily on COVID-19 related enforcement powers increased the minimum notice period prior to that came into force on the eve of the protest. eviction for most tenants. In December, the Northern Ireland Policing By September, 29,000 rough sleepers and Board found policing of the protests to have other vulnerable people had been supported been “potentially unlawful”, while the Police into accommodation during the pandemic, Ombudsman for Northern Ireland found it to according to official figures. Homelessness have been “unfair” and “discriminatory”. charities reported a sharp increase in demand for their services since the start of REFUGEES, ASYLUM-SEEKERS AND the COVID-19 pandemic. MIGRANTS During the COVID-19 pandemic, the RIGHTS OF LESBIAN, GAY, BISEXUAL, government failed to adequately modify TRANSGENDER AND INTERSEX (LGBTI) immigration policies and practices to PEOPLE safeguard public health. People continued to In February, the first same-sex marriages took be held in immigration detention for the place in Northern Ireland after the success in purposes of removal from the UK, despite the 2019 of a long-running campaign for heightened risk of infection in detention and marriage equality. Religious same-sex obstacles to effecting removal. Asylum claims marriages were permitted from September, were required to be made in person. and the conversion of existing civil Statutory exclusions or restrictions on partnerships was allowed from December. access to employment, welfare, Amid growing transphobic rhetoric and accommodation and health care for people fear-mongering in the media, the subject to immigration control undermined government’s proposed amendments to the their ability to protect themselves from the outdated Gender Recognition Act in England virus and maintain an adequate standard of and Wales fell short of human rights living. The government resisted widespread standards. A second consultation to reform calls to suspend the “no recourse to public gender recognition law in ended in funds” policy, which restricts access to March. benefits for many migrants, during the pandemic. WOMEN’S RIGHTS Parliament passed a new immigration law There was an increase in reported cases of in November which granted exceptionally domestic violence during the COVID-19 broad legislative powers to the Home pandemic. The government lacked a fully Secretary and ended free movement rights coordinated plan to tackle the foreseeable under EU law. Children entitled to British risk of domestic violence during the citizenship continued to be prevented by pandemic and failed to provide sufficient and government policy and practice from timely emergency funding for frontline registering their entitlement. Children of EU services. None of the additional funding was nationals became particularly at risk because ring-fenced for specialist services for ethnic of their loss of free movement rights in the minority women, despite an increase in UK. referrals to these services. Migrant women whose immigration status excludes them

380 Amnesty International Report 2020/21 from most government benefits faced rights violations and abuses during the compounded challenges in obtaining support decades-long conflict. for domestic violence. The government refused to launch a The Domestic Abuse Bill lacked provisions public inquiry into the murder of Patrick to ensure safety and access to justice for Finucane, a Belfast lawyer killed in 1989, migrant women. The bill did not meet the despite a 2019 Supreme Court ruling, which government’s stated intention of bringing found that his murder was not effectively domestic legislation in line with the Istanbul investigated in line with human rights Convention, which the UK had yet to ratify. standards. The criminalization of sex work and denial of sex workers’ labour rights meant that they IRRESPONSIBLE ARMS TRANSFERS were particularly affected by the COVID-19 The UK resumed issuing licences for military pandemic and related measures. The exports to Saudi Arabia in July, after a court government maintained a five-week waiting ruling in June 2019 required the government period for social security payments, despite to suspend new licensing of military previously acknowledging that it was a factor equipment to Saudi Arabia (see Yemen in some women resorting to sex work. entry). In response to the excessive use of force SEXUAL AND REPRODUCTIVE RIGHTS against US Black Lives Matter protesters, After the decriminalization of abortion in members of parliament and several 2019, regulations governing the provision of organizations, including Amnesty abortion services in Northern Ireland took International, called on the UK to suspend effect on 31 March. exports of crowd control equipment, such as The government allowed both abortion pills tear gas and rubber bullets, to US law to be taken at home during the COVID-19 enforcement agencies. In September, the pandemic in all regions of the UK except government stated that it had re-assessed Northern Ireland, where a local temporary export licences of such equipment to the service providing early medical abortions USA in response to these events and began in April, allowing one abortion pill to be concluded there was “no clear risk” of taken on health and social care premises, misuse. and the second one at home. Whilst abortion services in Northern STATE OVERREACH Ireland were legal and running to varying The Counter-Terrorism and Sentencing Bill degrees, by year’s end the authorities had yet proposed a major overhaul of the sentencing to formally commission abortion services that regime for counter-terrorism offences, were adequately resourced, sustainable and including the removal of some key fully accessible to all who need them. safeguards on the use of already concerning administrative control measures known as NORTHERN IRELAND – LEGACY ISSUES Terrorism Prevention and Investigation In March, the government issued proposals Measures (TPIMs). The proposed changes to address the legacy of the conflict in included lowering the standard of proof for Northern Ireland which were not compatible the imposition of a TPIM. with human rights standards and departed from commitments made in the 2014 IMPUNITY Stormont House Agreement and subsequent In March, the government proposed a new government statements and agreements. The law which would seriously restrict proposals would limit prosecutions of those prosecutions for offences committed by suspected of criminal responsibility for British soldiers overseas, including torture crimes under international law and human and other ill-treatment as well as other crimes under international law. The proposed law

Amnesty International Report 2020/21 381 would create a “presumption against and intersex (LGBTI) people; and victims of prosecution” after five years. war crimes, among others. It also exploited the COVID-19 pandemic to target migrants FREEDOM OF EXPRESSION and asylum-seekers for further abuses. Joe Hearings to consider a US extradition request Biden was declared the winner of the for Julian Assange began in February and November presidential election. resumed in September. Assange remained detained at Belmarsh prison and faced BACKGROUND prosecution in the USA for the publication of Despite confirmation by the Electoral College disclosed documents as part of his work with that had won the November Wikileaks. Amnesty International called on presidential election, President Trump the USA to drop the charges and on the UK continued to challenge the result, making to halt his extradition to the USA where he repeated unsubstantiated claims of electoral would face a real risk of serious human rights irregularities. These continued allegations violations. sparked a number of pro-Trump protests and raised concerns about the peaceful transfer of power in January. 1. Exposed, silenced, attacked: Failures to protect health and essential workers during the COVID-19 pandemic (POL 40/2572/2020) 2. UK: As if expendable: The UK Government’s failure to protect older DISCRIMINATION people in care homes during the Covid-19 pandemic (EUR The COVID-19 pandemic exacerbated long- 45/3152/2020) standing inequalities in the USA. Inadequate and uneven government responses to the pandemic had a disproportionate and UNITED STATES OF discriminatory impact on many people based on their race, socioeconomic situations and other characteristics. Systemic disparities AMERICA dictated who served as frontline workers and who had employment and economic security United States of America 1 Head of state and government: Donald Trump and access to housing and health care. Incarcerated people were particularly at risk due to insanitary conditions in prisons The Trump administration’s broadly dismal and detention where they were unable to human rights record, both at home and adequately physically distance and had abroad, deteriorated further during 2020. inadequate access to hygienic supplies as The USA experienced massive facilities became hotspots for infection. demonstrations across the country with the Additionally, racially discriminatory political backdrop of the COVID-19 pandemic, speech and violence risked increasing the contested 2020 general elections and a number of hate crimes. widespread racist backlash against the Black Lives Matter movement. In response RIGHT TO HEALTH to thousands of public demonstrations Workers in health care, law enforcement, against institutional racism and police transportation and other “essential” sectors violence, law enforcement authorities faced enormous challenges as the US routinely used excessive force against government failed to adequately protect them protesters and human rights defenders and during the pandemic. Shortages in personal failed to constrain violent counter-protests protective equipment (PPE) meant that against primarily peaceful assemblies. The health and other essential workers often had administration also sought to undermine to perform their jobs without adequate international human rights protections for protection and in unsafe environments. In women; lesbian, gay, bisexual, transgender April, the National Nurses Union held a

382 Amnesty International Report 2020/21 physically distanced protest in front of the indiscriminate firing of “less lethal” White House against the lack of PPE for projectiles. health workers. From March to December In numerous incidents, human rights 2020, more than 2,900 health care workers defenders – including protest organizers, died amidst the COVID-19 pandemic. The US media representatives, legal observers and Centres for Disease Control and Prevention street medics – were specifically targeted (CDC) acknowledged that available figures with chemical irritants and kinetic impact were likely underestimates. projectiles, arrested and detained, seemingly Some health and other essential workers in on account of their work documenting and the public and private sectors also faced remedying law enforcement agencies’ human reprisals, including harassment, disciplinary rights abuses. procedures and unfair dismissal, if they spoke out about the inadequate protective RIGHT TO LIFE AND SECURITY OF THE measures. PERSON The government’s ongoing failure to protect EXCESSIVE USE OF FORCE individuals from persistent gun violence At least 1,000 people were reportedly killed continued to violate their human rights, by police using firearms. The limited public including the right to life, security of the data available suggests that Black people are person and freedom from discrimination, disproportionately impacted by police use of among others. Unfettered access to firearms, lethal force. The US government’s a lack of comprehensive gun safety laws programme to track how many such deaths (including effective regulation of firearm occur annually was not fully implemented. acquisition, possession and use) and a failure No state laws governing the use of lethal to invest in adequate gun violence prevention force by police – where such laws exist – and intervention programmes continued to comply with international law and standards perpetuate this violence. regarding the use of lethal force by law In 2018, the most recent year for which enforcement officials.2 data was available, some 39,740 individuals died from gunshot injuries while tens of FREEDOM OF ASSEMBLY thousands more are estimated to have Law enforcement across the USA committed sustained gunshot injuries and survived. In widespread and egregious human rights the midst of the COVID-19 pandemic, with violations against people protesting about the increased gun sales and shootings, the USA unlawful killings of Black people and calling failed in its obligation to prevent deaths from for police reform. Amnesty International gun violence, which could have been done documented 125 separate incidents of through a range of urgent measures, unlawful police violence against protesters in including de-listing gun stores as essential 40 states and Washington, D.C., between 26 businesses. May and 5 June alone.3 Thousands more As of 2020, expansive “Stand Your protests took place in the remainder of the Ground” and “Castle Doctrine” laws, both of year. which provide for private individuals to use Violations were committed by law lethal force in self-defence against others enforcement personnel at the municipal, when in their homes or feeling threatened, county, state and federal levels, including by existed in 34 US states. These laws appeared National Guard troops who were deployed by to escalate gun violence and the risk of the federal government in some cities. The avoidable deaths or serious injuries, resulting violence included beatings with batons or in violations of the right to life. other devices, the misuse of tear gas and As protesters against the killing of Black pepper spray, and the inappropriate and people took to the streets in cities across the USA, there were instances where armed

Amnesty International Report 2020/21 383 civilians in states where the open carrying of approximately half that number were actually firearms is permitted engaged protesters, resettled during 2020. causing at least four deaths. HUMAN RIGHTS DEFENDERS RIGHTS OF REFUGEES, ASYLUM- The authorities failed to adopt any SEEKERS AND MIGRANTS accountability measures to remedy misuse of Despite a serious outbreak of COVID-19 in the law to harass migrant human rights civil immigration detention facilities, US defenders in 2018 and 2019. In a step Immigration and Customs Enforcement (ICE) backward, in June the US Supreme Court refused to release tens of thousands of vacated a 2018 federal appellate court migrants and asylum-seekers, over 8,000 of decision that found unconstitutional a key whom contracted the virus in detention. criminal statute that the government had Contrary to guidance from the CDC, ICE used to target migrant human rights failed to adequately provide soap and defenders for unlawful surveillance, instead sanitizer or introduce physical distancing, remanding the decision to be reconsidered at and continued to transfer thousands of the appellate level. people unnecessarily between immigration detention facilities.4 This included WOMEN’S RIGHTS approximately 100 families held in detention Indigenous women continued to experience centres that a US federal judge deemed “on disproportionately high levels of rape and fire” because of confirmed COVID-19 cases sexual violence and lacked access to basic and inadequate protection. Instead of post-rape care. In 2019, President Trump releasing families together, ICE asked parents issued an Executive Order forming the Task in May if they would agree to release their Force on Missing and Murdered American children without them, while the parents Indians and Alaska Natives. As of December, remained detained. the Task Force had opened seven cold case Simultaneously, the US government offices to investigate cases, but the exact exploited the COVID-19 crisis to halt all number of victims remained unknown as the processing of asylum-seekers on the US- US government did not collect data or Mexico border and to deny access to asylum adequately coordinate with Tribal procedures to those who crossed into the governments. USA irregularly. Instead, the authorities The COVID-19 pandemic and ensuing unlawfully detained and “expelled” over lockdowns significantly impacted domestic 330,000 migrants and asylum-seekers and intimate partner violence across the between March and November – including country, in some cases leading to increases over 13,000 unaccompanied children – in reported incidents or the severity of without consideration of their protection injuries. needs or the risks of persecution, death, The exponential increase in purchases of torture or other ill-treatment that they faced firearms during the pandemic increased the upon refoulement to their countries of origin.5 risks of gun violence for children and In hundreds of documented cases, these domestic violence survivors as more returnees had contracted COVID-19 in US unsecured firearms were located in homes custody due to the negligence of authorities where people were forced to quarantine with and contributed to the regional outbreak of their abusers.6 the pandemic throughout the Americas. The resettlement of refugees in the USA RIGHTS OF LESBIAN, GAY, BISEXUAL, plummeted further. Refugee admissions for TRANSGENDER AND INTERSEX (LGBTI) the fiscal year 2020 were set at 18,000, the PEOPLE lowest in the programme’s history, while According to official data released in 2020, incidents of hate crimes based on sexual

384 Amnesty International Report 2020/21 orientation or gender identity remained high The federal government ended a 17-year in 2019 for a fifth consecutive year. Trans hiatus and carried out 10 executions between women of colour were especially targeted for July and December. The relentless pursuit of violent hate crimes and killings. the executions showed contempt by the The administration sought through policy Trump administration for safeguards and and the courts to continue to dismantle restrictions established under international protections against discrimination based on law and standards to protect the rights of sexual orientation and gender identity in those facing the death penalty, including the education, the military, employment and prohibition of executions while appeals are other areas of federal government. pending and of people with mental (psychosocial) disabilities. SEXUAL AND REPRODUCTIVE RIGHTS The federal government carried out more Federal and state governments intensified than three times the number of executions in efforts to curtail sexual and reproductive 2020 than it had between 1977 and 2019 rights by seeking to criminalize abortion and combined. State executions, however, slowed limit access to reproductive health services.7 down, largely due to the COVID-19 The administration also sought to amend US pandemic. Since judicial killing resumed in foreign policy and development policy to end the USA under revised in 1977, a support for the protection of sexual and total of 1,529 people have been executed. reproductive rights at the international level. ARBITRARY DETENTION TORTURE AND OTHER ILL-TREATMENT Forty men remained arbitrarily and A decade after dozens of detainees were held indefinitely detained by the US military in the in a CIA-operated secret detention detention facility at the US Naval Base in programme – authorized from 2001 to 2009 Guantánamo Bay, Cuba, in violation of – during which systematic human rights international law. Only one person had been violations were committed, including transferred out of the facility since January enforced disappearance, torture and other ill- 2017. Five prisoners cleared for transfer from treatment, no person suspected of criminal Guantánamo since at least 2016 remained responsibility had been brought to justice for there at the end of 2020 and the Trump these crimes. The limited investigations administration eliminated the system conducted into those crimes were closed previously created to arrange for their without charges being brought against transfer. anyone. None of the 40 men had access to adequate medical treatment and those who DEATH PENALTY survived torture and other ill-treatment by US In March, Colorado became the 22nd US agents were not given adequate rehabilitative state to abolish the death penalty. services. Seven of them face charges in the Six people were exonerated from death military commission system, in breach of row, bringing the total of such exonerations international law and standards, and could since 1977 to 173. Among those released face the death penalty if convicted. The use was Curtis Flowers, who endured six trials of capital punishment in these cases, after and 23 years on death row in Mississippi. proceedings that did not meet international The state dropped all charges in September, standards for a fair trial, would constitute after the US Supreme Court concluded in arbitrary deprivation of life. The trials of those June 2019 that the district attorney violated accused of crimes related to the 11 Curtis Flowers’ constitutional rights by September 2001 attacks were scheduled to intentionally removing African-Americans begin on 11 January 2021, but were delayed from the jury at the sixth trial in 2010. in 2020 as pre-trial hearings in all cases were suspended.

Amnesty International Report 2020/21 385 potential war crimes and crimes against UNLAWFUL KILLINGS OF CIVILIANS humanity committed by US civilian and Under its flawed “global war” doctrine, the military officials in connection with the armed USA repeatedly resorted to lethal force in conflict in Afghanistan, which the US countries around the world, including using authorities have failed to investigate, armed drones, in violation of its obligations prosecute or punish. under international human rights law and, In July, the US Department of State where applicable, international humanitarian released a report by its advisory panel called law. NGOs, UN experts and the news media the “Commission on Unalienable Rights”. documented how such strikes inside and The report appeared to unilaterally redefine outside of zones of active armed conflict what human rights mean, rejecting the arbitrarily deprived protected individuals, interpretive authority of UN and other including civilians, of their right to life and international human rights bodies, and may have resulted in unlawful killings and specifically undermining the human rights injuries, in some cases constituting war framework by re-evaluating protections from crimes. discrimination for women, LGBTI people and The weakening by the US government of others.10 protections for civilians during lethal In July, as it struggled to contain and operations increased the likelihood of address millions of cases of COVID-19, the unlawful killings, impeded the assessment of USA initiated its withdrawal from the WHO, the legality of strikes and prevented which was due to enter into force in July accountability and access to justice and 2021. Under President Trump, the USA has effective remedies for victims of unlawful also withdrawn from the UN Human Rights killings and civilian harm.8 Council, the UN cultural agency (UNESCO) Despite calls by UN human rights experts and the global Paris Agreement to tackle and others for clarifications of the legal and climate change. policy standards and criteria the USA applies when using lethal force outside of the USA, 1. USA: Letter to Governors calling for the implementation of Task the government continued to be neither Forces (Open letter by Amnesty International USA, 6 May) transparent nor forthcoming. 2. USA: The World Is Watching: Mass violations by US police of Black Lives Matter protesters’ rights (AMR 51/2807/2020) INTERNATIONAL HUMAN RIGHTS 3. USA: Amnesty International documents widespread police violence MECHANISMS AND TREATIES against protesters for Black Lives, (Map, launched by Amnesty In November, the UN Human Rights Council International USA in June) conducted the third UPR of the USA’s human 4. USA: ‘We are adrift, about to sink’: The looming COVID-19 disaster in rights record. US immigration detention facilities (AMR 51/2095/2020) Since January 2018, the USA has not 5. Explainer on US deportations and expulsions during the COVID-19 responded to communications from Special pandemic (Explainer, 21 May) Procedures or accepted their requests for 6. COVID-19 And gun violence: Top ten ways the pandemic intersects 9 with the crisis of gun violence in the US (Article by Amnesty invitations to carry out official visits. International USA, May) Following announcements that the ICC 7. USA: Joint submission on reproductive health, rights, and justice to would investigate violations of international third Universal Periodic Review of United States (Joint submission, humanitarian law and crimes against June) humanity committed on the territory of 8. USA: Defense department undercounts civilian casualties in new Afghanistan since 1 May 2003, the Trump reporting (Article by Amnesty International USA, 6 May) administration issued an Executive Order on 9. USA: Rolling back of human rights obligations: Amnesty International 11 June which declared a “national Submission for the UN Universal Periodic Review, 36th session of the emergency” and authorized asset freezes UPR Working Group, November 2020 (Updated August 2020) (AMR 51/1407/2019) and family entry bans against certain ICC officials. The action undermined redress for

386 Amnesty International Report 2020/21 10. USA: State department’s flawed ‘unalienable rights’ report undermines international law (Press release, 16 July) DUE PROCESS GUARANTEES AND DETENTION Concerns about the LUC included issues URUGUAY relating to the principle of the presumption of innocence for police officers and provisions Eastern Republic of Uruguay that allow increased use of pre-trial detention. Head of state and government: Luis Alberto Lacalle The LUC also removed some fair trial Pou (replaced Tabaré Vázquez in March) guarantees and introduced longer prison terms for certain crimes. These measures The crisis caused by COVID-19 deepened risked increasing the prison population in a structural inequalities, especially impacting prison system where overcrowding and the rights of those historically marginalized. insanitary conditions were rife. According to The Urgent Consideration Act (LUC) the Public Prosecutor’s Office, in November threatened the rights to peaceful protest there were 13,077 incarcerated adults, of and freedom of expression. Inadequate whom almost 20% were awaiting trial. prison conditions continued to worsen. Uruguay’s rate of incarceration of 370 per Violence against women increased. 100,000 inhabitants was one of the highest Impunity remained a concern and evidence in the region. emerged indicating key information about past human rights violations had been IMPUNITY withheld. The government expressed its intention to search for those who disappeared during the ECONOMIC, SOCIAL AND CULTURAL civil-military regime (1973-1985). In RIGHTS February, the Public Prosecutor’s Office The COVID-19 response had an adverse started criminal proceedings against four impact on the access to economic and social retired military personnel on charges of rights of people in marginalized communities. torture for acts committed in 1972. On 24 Confinement measures affected economic May, the Inter-American Commission on activity, which deepened pre-existing Human Rights referred the case of three girls structural inequalities. The University of the subjected to enforced disappearance in 1974 Republic reported that in April more than and two other cases to the Inter-American 100,000 people fell below the poverty line, a Court of Human Rights. 35% increase compared to December 2019. In August, the notes of a 2006 Military Media reported that in August, more than Tribunal of Honour were published, showing 40,000 people were reliant on food banks. that the army tortured and executed Access to housing was difficult for sex Uruguayan detainees in Argentina during the workers, domestic workers, migrants and 1970s and confirming that evidence had refugees. been concealed. FREEDOM OF EXPRESSION AND VIOLENCE AGAINST WOMEN AND GIRLS ASSEMBLY COVID-19 confinement measures led to an Approved in July, the LUC included broadly increase in cases of domestic violence worded provisions that restrict freedom of against women and girls. According to the expression and assembly and could outlaw Ministry of the Interior, 33,004 complaints demonstrations and social protests. were registered between January and October, 203 more than in the same period in 2019. The response to the COVID-19 pandemic did not include proper

Amnesty International Report 2020/21 387 mechanisms to prevent violence against women. BACKGROUND The President’s reform agenda included SEXUAL AND REPRODUCTIVE RIGHTS setting up a National Council on International Despite the lack of official data on child Ratings to undertake a systematic review of pregnancy for 2020, it remains a low reforms, and a National Human Rights visibility-problem in Uruguay. Girls giving Strategy setting out monitoring mechanisms birth under the age of 15 are mostly a including on the prevention of torture. consequence of situations of sexual abuse and exploitation. According to the National HUMAN RIGHTS DEFENDERS Committee for the Eradication of Sexual In March, for the first time since 2003, the Exploitation of Children and Adolescents, in authorities granted registration to Huquqiy 2020 there was a 41% increase in reports of Tayanch (Legal Support), an independent commercial sexual exploitation of children NGO. However, they continued to reject or and adolescents. obstruct the applications of other Difficulties in accessing sexual and independent human rights organizations. reproductive health services increased during Human rights defenders and journalists, COVID-19 confinement measures, especially including those in exile, continued to be access to abortion, which is legal in the under secret surveillance and were the target country but difficult to access due to health of sophisticated phishing and spyware professionals’ refusal to perform this service attacks. The legal framework for such on religious grounds and a lack of access to surveillance provided insufficient safeguards health centres in rural areas. against abuse. The security services were able to bypass some security tools that activists use to protect themselves against surveillance and carried out a campaign of UZBEKISTAN malicious emails using fake websites, along Republic of Uzbekistan with spyware embedded in legitimate 1 Head of state: Shavkat Mirzioiev software. Head of government: Abdulla Aripov FREEDOM OF ASSEMBLY Renewed efforts to improve the country’s Draft legislation on public meetings, image saw the President prioritize a reform published in August, severely restricted the agenda. However, freedoms of association, right to freedom of peaceful assembly. It expression and peaceful assembly remained barred NGOs without official registration from tightly regulated. Human rights defenders organizing or holding public meetings, continued to face targeted surveillance. required organizers to apply for permission Progress in the eradication of forced labour 15 days in advance, limited the duration of in the cotton sector was marred by any public meeting to two hours during harassment of independent monitors. A daytime, and proscribed meetings from significant increase in domestic and taking place within 300m of various gender-based violence during the COVID-19 premises. A public meeting would include pandemic was exacerbated by the closure of flash mobs and single person protests, virtually all crisis centres during lockdown. making it virtually impossible for anyone to Consensual sexual relations between men exercise their right to freedom of peaceful remained a criminal offence. A draft bill assembly. was introduced on an independent torture complaints mechanism, although reports of FREEDOM OF EXPRESSION torture and other ill-treatment, including In response to the COVID-19 pandemic, the deaths in custody, continued. Prosecutor General’s Office set up an inter-

388 Amnesty International Report 2020/21 agency working group to monitor social during the COVID-19 pandemic. LGBTI youth media for “fake news” or misleading were at particular risk of domestic and information on the spread of the virus. gender-based violence during lockdown; they Amendments to the Criminal Code at the end were without access to community resources of March introduced stricter punishment for and support structures since they could not the dissemination of false information on the leave their homes and were forced into spread of the virus, increasing sentences cohabitation with unsupportive and/or from five to a maximum of 10 years in prison. abusive families. In May, a young blogger from Margilan was briefly detained by police for allegedly not Women’s rights wearing a face mask in public after he had Domestic and gender-based violence posted a comment on his Facebook account increased significantly during the pandemic endorsing an article critical of the local and human rights activists said that the authorities’ handling of the pandemic.2 problem was exacerbated by the fact that only five out of the 197 national crisis shelters ECONOMIC, SOCIAL AND CULTURAL were able to operate during lockdowns and RIGHTS other restrictive measures. Significant progress in the eradication of In July, a group of young female activists forced labour in the cotton sector was marred faced a backlash on social media, including by continued harassment of human rights online abuse and threats of violence, when defenders monitoring the implementation of they organized a flash mob action to protest ILO reforms during the cotton harvest. Police gender-based violence and discrimination in Namangan detained and beat four following a highly publicized assault on a 17- independent monitors in June as they were year-old girl. In August, a programme on recording adolescents working in the cotton national television denounced their protest fields. Police confiscated cameras, mobile action as dangerous and criticized them for phones and notes, forcibly tested the activists not respecting “traditional” values. for COVID-19 and placed them under supervised quarantine. In April, the TORTURE AND OTHER ILL-TREATMENT authorities had cited economic hardship In May, the authorities signalled their caused by the COVID-19 pandemic to put intention to set up independent mechanisms pressure on the Cotton Campaign to endorse to investigate complaints of torture; provide lifting the boycott of Uzbekistani cotton. effective redress and compensation to victims and their families; and monitor places of DISCRIMINATION detention to prevent torture and other ill- Rights of lesbian, gay, bisexual, transgender and treatment. The announcement followed a intersex (LGBTI) people Presidential Resolution on additional Consensual sexual relations between men measures to improve the prevention of remained a criminal offence despite promises torture. by the authorities to revise the criminal code. Reports of torture, however, continued. In A member of the Uzbekistani UN delegation July, the authorities launched investigations stated in September that non-heterosexual into the deaths in January, June and July of relations were contrary to “traditional” values three men in prison and police custody and and that the public was not ready to endorse charged the alleged perpetrators with torture. decriminalization. Programmes on national In September, five police officers were found television stigmatized LGBTI people and guilty and sentenced to up to nine years in declared them a “dangerous foreign prison for the torture of Yusuf influence”. Abdurakhmanov in January. A forensic LGBTI people faced increased investigation found blood that matched Yusuf discrimination in accessing health care Abdurakhmanov’s on the inside of a

Amnesty International Report 2020/21 389 gas mask. In November Andijan Regional COVID-19 pandemic. People returning to Court sentenced five police officers to 10 the country were held in state-run years in prison for the torture of Alijon quarantine centres in conditions and for Abdukarimov. lengths of time that may have constituted arbitrary detention and ill-treatment. The Impunity UN Fact-Finding Mission (FFM) on In March, in a retrial, a court in Kashkadaria Venezuela established there were acquitted human rights defender and torture reasonable grounds to believe that crimes survivor Chuyan Mamatkulov of all charges against humanity have been committed in and quashed his sentence. In October, the Venezuela since 2014 and that President Supreme Court granted him financial Maduro and senior military and ministerial compensation. Other human rights activists, figures ordered or contributed to the crimes however, have not been granted the right to documented in its report. challenge their convictions, despite compelling evidence that the charges against EXTRAJUDICIAL EXECUTIONS them were fabricated and that they were Reports of extrajudicial executions by the tortured to “confess”. Special Action Forces of the Bolivarian National Police (FAES) and the Criminal Investigative Police (CICPC) continued. 1. Targeted surveillance attacks in Uzbekistan: An old threat with new techniques (Blog, 12 March) According to the OHCHR at least 2,000 2. Blogging in Uzbekistan: welcoming , silencing criticism (Blog, people were reportedly killed in the country in 25 June) the context of security operations between 1 January and September. As of June, the Zulia state Human Rights Committee had recorded 377 deaths, allegedly resulting from violence VENEZUELA by these police forces in Zulia state. Those Bolivarian Republic of Venezuela targeted were primarily young men living in Head of state and government: Nicolás Maduro Moros low-income neighbourhoods who were arbitrarily detained in circumstances which the authorities claimed involved clashes with The continuing human rights crisis in police. Venezuela saw further reports of extrajudicial executions, excessive use of ARBITRARY DETENTION force and unlawful killings by the security Arbitrary detentions continued to be used as forces during the year. People expressing part of the policy of repression targeting criticism of government policies – including dissidents. political activists, journalists and health The Venezuelan human rights organization workers – were subjected to repressive Penal Forum reported that, as of October, measures including criminalization, unfair there had been 413 arbitrary, politically trials and arbitrary detention. There were motivated arrests; these increased following reports of torture and other ill-treatment the declaration of a state of emergency in and enforced disappearance of those response to the COVID-19 pandemic in arbitrarily detained. Human rights March. defenders were stigmatized and faced In addition to political activists, 12 health obstacles in carrying out their work. The workers who made critical public statements humanitarian crisis worsened with about the government’s response to the widespread shortages of services and high pandemic faced short-term detention and levels of extreme poverty. These and the subsequent restrictions. ongoing undermining of health service The COVID-19 pandemic was used to infrastructure were exacerbated by the restrict notification of arrests, obliging

390 Amnesty International Report 2020/21 relatives to rely on unofficial information (SEBIN) and Military Counter-Intelligence about the whereabouts of detainees. This General Directorate (DGCIM) and the use of uncertainty and the vulnerability of detainees clandestine facilities by the DGCIM. was exacerbated by the suspension of Reports of torture and other ill-treatment activities by the courts and the Public were not investigated by the authorities and Prosecutor’s Office as part of the measures to went unpunished. contain the pandemic. Enforced disappearances, periods of EXCESSIVE USE OF FORCE incommunicado detention and isolation Excessive and illegal use of force by the during the early stages of detention police, military and armed groups against continued, increasing the risk of torture and demonstrators remained widespread. The other cruel, inhuman or degrading treatment authorities did not take any meaningful steps of detainees. to prevent this. Congressmen Renzo Prieto and Gilber There were numerous reports of the Caro, detained in March 2020 and December indiscriminate use of force during law 2019 respectively by the FAES, were enforcement operations. During May in subjected to long periods of isolation and Petare, a low-income neighbourhood in incommunicado detention. Both were held in Caracas, an armed confrontation between police stations that did not meet minimum alleged criminal gangs led to a joint police standards for the treatment of prisoners. and military operation that lasted over a Maury Carrero, an accountant, was week, during which there were several arbitrarily detained in April, allegedly over reports of sustained bouts of indiscriminate links to an adviser to the President of the shootings and allegations of extrajudicial National Assembly, Juan Guaidó. She was executions. charged by a court dealing with “terrorism” cases and transferred to the National Institute IMPUNITY for Women’s Guidance and held Impunity for human rights violations and incommunicado for five months, during crimes under international law remained the which time no official information was norm. provided about her. An OHCHR report on judicial On 31 August, 110 people who had been independence and access to justice, criminalized were pardoned by President published in July, found that victims of Nicolás Maduro. Renzo Prieto, Gilber Caro human rights violations could not access and Maury Carrero were among those justice because of structural obstacles, pardoned. Further arbitrary arrests took place including lack of judicial independence. within days and during the rest of the year. In September, the Public Prosecutor’s Among those detained was Roland Carreño, Office announced that 565 law enforcement a journalist and member of the Popular Will officials had been charged for human rights party, who was arrested in October. violations committed since August 2017. In September, new evidence emerged TORTURE AND OTHER ILL-TREATMENT regarding the arbitrary detention, enforced Reports of the use of torture to extract disappearance, torture and death of Rafael confessions or incriminating testimony Acosta Arévalo in June 2019 by the DGCIM. continued. The OHCHR documented 16 Contradictions and gaps in the criminal cases, reporting the use of methods including investigation highlighted the need for this and beatings, electric shocks, asphyxiation and similar cases to be investigated sexual violence. The UN Fact-Finding independently.1 The Public Prosecutor’s Mission (FFM) on Venezuela reported the use Office reopened the case. of increasingly violent methods of torture by the Bolivarian National Intelligence Service

Amnesty International Report 2020/21 391 and ministers in his government ordered or UNFAIR TRIALS contributed to the crimes documented in the Unfair trials continued to be used to report. criminalize those with opinions that differed from those of the Maduro government. The REPRESSION OF DISSENT use of military jurisdiction to prosecute The policy of repression to silence dissent civilians or retired military personnel and control the population continued and continued. intensified during the COVID-19 pandemic Rubén González, a prisoner of conscience and in the run-up to parliamentary elections and trade union leader detained in 2018 in December. serving a sentence imposed following an Members of the National Assembly were unfair trial by a military court, was released subjected to a pattern of repression including as part of the 31 August pardon. arbitrary detention, misuse of the justice The OHCHR highlighted major system and smear campaigns. shortcomings in the justice system, courts Prisoners of conscience remained subject and the Public Prosecutor’s Office, to severe restrictions and prosecution. emphasizing cases of lack of independence The justice system continued to be and interference by other public authorities. politically instrumentalized against dissent, From 15 March onwards, most judicial including ruling against political parties circuits suspended their activities due to critical of the government. COVID-19 restrictions; only those courts with in flagrante jurisdiction continued FREEDOM OF ASSEMBLY functioning. Restrictions on freedom of peaceful assembly and association remained common. INTERNATIONAL SCRUTINY According to the NGO Venezuelan Despite efforts by Nicolás Maduro’s Observatory of Social Conflict, by November government to elude scrutiny by the Inter- there had been more than 9,000 protests. American human rights system, the Inter- These were sparked by a variety of issues, American Commission issued seven such as lack of health care during the precautionary measures during the year in COVID-19 pandemic, low wages, high food favour of individuals in Venezuela. prices, delays in the distribution of food aid Monitoring of the situation in the country funds and lack of basic services, including continued through the Special Follow-Up fuel. Some 402 of these protests were Mechanism for Venezuela (MESEVE) created attacked by the police, military or pro- by the Inter-American Commission. government armed groups, resulting in the The OHCHR maintained a team of two deaths of six protesters and the injury of 149 officers on the ground and in September others. announced the strengthening of its presence in the country and committed to the visit of FREEDOM OF EXPRESSION three Special Procedures to Venezuela in The civil society organization Public Space 2021. reported that between January and August The FFM on Venezuela issued its first there were more than 747 attacks on the report in September. This stated that since press and journalists, including intimidation, 2014, the Venezuelan authorities and digital attacks, censorship, arbitrary security forces had planned and carried out detentions and physical assaults. Many of serious human rights violations, some of these attacks took place after the state of which – including arbitrary killings and the emergency was declared in March in systematic use of torture – amounted to response to the COVID-19 pandemic. crimes against humanity, with reasonable On 21 August, journalists Andrés Eloy grounds to believe that President Maduro Nieves Zacarías and Víctor Torres were killed

392 Amnesty International Report 2020/21 in an FAES security operation in Zulia state. Venezuelan nationals; many of those seeking The Public Prosecutor’s Office launched an to return had been excluded from care investigation into their possible extrajudicial measures during the pandemic in host execution and an arrest warrant was issued countries. People who sought to enter for six FAES officers. Venezuela through informal channels were Darvinson Rojas, a journalist and prisoner criminalized and stigmatized. of conscience, was arbitrarily detained for Mandatory quarantine in state custody was disseminating information about COVID-19. one example of the repressive response to He was released after 12 days but remained COVID-19. Officially, 90,000 people were subject to restrictions and criminal reported to have passed through the state- proceedings. run centres known as Comprehensive Social Journalist and prisoner of conscience Luis Service Points (PASI) by August in order to Carlos Díaz also remained subject to severe comply with the mandatory quarantine on restrictions and prosecution. their return to Venezuela. However, the centres adopted arbitrary and militarized HUMAN RIGHTS DEFENDERS procedures that resulted in punitive and Women human rights defenders continued to repressive measures and failed to prioritize face threats and stigmatization when carrying health care and infection prevention. The out their work. The Centre for Defenders and conditions in the PASI were precarious and, Justice reported that as of June, there had in many cases, ignored WHO protocols. For been more than 100 attacks against women example, lack of clean water, adequate food human rights defenders, including and access to medical care were reported. criminalization, harassment, digital attacks The length of time for which people were and arbitrary detention. held was in many cases arbitrary and not In August, the humanitarian organization based on objective criteria. This, combined Solidarity Action was raided by FAES officials with inadequate conditions in state-run and eight people were detained for several quarantine centres, may have constituted ill- hours. treatment and arbitrary detention. In October, Vannesa Rosales, a human rights defender in Merida state, was arbitrary HUMANITARIAN EMERGENCY detained for providing a 13-year-old girl who The humanitarian emergency continued and was pregnant as a result of rape with deepened. Prevailing conditions, including information on procedures for the termination the continued shortage of basic services such of the pregnancy. as water, electricity and fuel; a weakened Health workers and journalists reporting on health infrastructure; and difficulty in the COVID-19 pandemic were harassed and accessing medicines and food, were threatened. Some were charged with inciting aggravated by COVID-19 and seriously hatred. hampered people’s ability to cope with the containment measures imposed to curb the RIGHTS OF REFUGEES, ASYLUM- pandemic. SEEKERS AND MIGRANTS In July, the UN Humanitarian Response The number of Venezuelan refugees and Plan noted that US$762.5 million was migrants fleeing to other countries seeking needed to provide humanitarian assistance to international protection continued to 4.5 million people. increase, reaching 5.4 million by the end of Solidarity Action estimated that 10 million the year. people did not receive medical care for The authorities restricted entry to conditions and diseases such as Venezuela during the COVID-19 pandemic to hypertension, diabetes, Parkinson’s, cancer a maximum of 100-300 people per day, and malaria, among others. limiting the entry and departure of

Amnesty International Report 2020/21 393 Despite the recommendation of the authorities regarding testing, rates of infection OHCHR and the insistence of civil society, and deaths due to COVID-19. the UN World Food Programme (WFP) was There were reports that pregnant women not allowed access to the country. suspected of having COVID-19 were denied Economic measures, such as the limited adequate care by public health services. increase in minimum wages to US$1.71 a month, deepened the pressing economic RIGHT TO FOOD situation and hyper-inflation was rampant at In May, the Centre for Documentation and the end of the year. Social Analysis of the Venezuelan Federation Over-compliance with sanctions imposed of Teachers (CENDAS-FVM) reported that the by the USA led to obstacles in accessing basic monthly family food basket – a list of goods and services in Venezuela. basic foodstuffs deemed necessary for an average family in Venezuela – cost WOMEN’S RIGHTS US$513.77. In August CENDAS-FVM According to a coalition of NGOs in reported that it would require an income 184 Venezuela, existing gender gaps, already times the minimum wage to purchase a basic aggravated by the complex humanitarian monthly basket. emergency, were further exacerbated by In July, the National Survey of Living COVID-19. The OHCHR and the Inter- Conditions (ENCOVI) reported that 96% of American Commission on Human Rights households in Venezuela were in income highlighted impacts on women, including poverty and 79% in extreme income poverty lack of access to maternal and sexual and and unable to purchase the basic food reproductive health services and health basket. services in general. In February, the WFP reported that 7.9% Although no official information on of the Venezuelan population was severely femicide rates has been issued since 2013, food insecure, 24% (7 million people) were NGOs reported a steady increase in violence moderately food insecure and one in three against women in the country. NGOs also people were food insecure and needed reported that no shelter for women survivors assistance, classifying the situation as one of of violence was operational during 2020. the 10 worst food crises globally. The FFM on Venezuela documented Food distribution systems, such as the gender-based crimes against humanity, Local Supply and Production Committees including torture and sexual violence against (CLAPs), continued to fail to meet nutritional women detained by the DGCIM and SEBIN needs and operated according to politically and in the context of protests. discriminatory criteria. RIGHT TO HEALTH RIGHT TO WATER Health services continued to deteriorate. Problems with the supply of drinking water Shortages of basic medicines, which were and sanitation continued and deepened, unaffordable for most people, intensified. adversely affecting living conditions and Lack of access to adequate health services heightening the risk of COVID-19 infection. seriously impacted the state’s response to ENCOVI stated that only one in four COVID-19. households had running water every day, Medical and health personnel were not while the majority had access to running provided with personal protective equipment water in their homes only on certain days of (PPE) or adequate protection measures the week (59%) or several days a month against COVID-19. Many of those who voiced (15%). The most vulnerable sectors of the concerns about this were arrested and population continued to be forced to look for criminalized. There were also concerns about sources of water supply from water trucks, the lack of transparency on the part of the wells and springs.

394 Amnesty International Report 2020/21 PRISON CONDITIONS VIET NAM Deaths in custody and the lack of investigations into them persisted. The NGO Socialist Republic of Viet Nam Window to Freedom reported 118 deaths in Head of state: Nguyễn Phú Trọng custody between January and June. Head of government: Nguyễn Xuân Phúc Serious overcrowding and insalubrious conditions in prisons put detainees at Arbitrary arrests and prosecutions of human heightened risk of COVID-19 infection. rights defenders significantly increased, The Venezuelan Prison Observatory with a record number of prisoners of reported in May that 46 detainees died in conscience documented. Individuals who violence in the Los Llanos Penitentiary Centre expressed themselves online were (CEPELLA) in the city of Guanare, particularly targeted. Pro-democracy Portuguesa state. An investigation was activists, independent journalists, authors opened by the Public Prosecutor’s Office, but and publishers faced sustained harassment, no progress had been reported in the physical assault, arbitrary prosecution and investigation by the end of the year. torture and other ill-treatment in police custody. Authorities issued death sentences INDIGENOUS PEOPLES’ RIGHTS and executions were carried out. Violence In the Orinoco Mining Arc and other parts of against women remained a persistent and the country, illegal mining continued to widespread concern. Viet Nam won praise seriously affect the rights of Indigenous for its COVID-19 response, effectively Peoples. The OHCHR reported that levels of containing the spread of the virus. However, labour exploitation, trafficking and violence the authorities’ punishment for distributing were high because of corruption and bribery “disinformation” on the pandemic often by criminal groups who controlled the mines amounted to arbitrary restrictions on the and operated a system of bribes to military right to freedom of expression. commanders. According to Penal Forum, 13 Pemón BACKGROUND Indigenous men were held in pre-trial Ahead of the 13th National Congress of the detention over 1,200km from their Communist Party of Viet Nam (CPV), community, without adequate measures scheduled for January 2021, the government being taken to protect their cultural identity or initiated a major crackdown on all forms of ensure a fair trial. dissent as rival politicians and factions within In April, the Indigenous Wayuu community the CPV competed for positions of power. Viet in Zulia state held a protest to demand basic Nam ratified the EU-Viet Nam Free Trade conditions, including access to clean water, a Agreement in June, which included long-standing issue that acquired even obligations to abide by international human greater urgency with the need to combat rights and labour standards. COVID-19. Military officials responded with excessive use of force, injuring a Wayuu FREEDOM OF EXPRESSION woman. The authorities engaged in a wide-ranging crackdown on freedom of expression, particularly targeting individuals who 1. Venezuela: Dying before a judge: The arbitrary detention, enforced disappearance, torture and death of Rafael Acosta Arévalo (AMR expressed themselves online. There was a 53/2909/2020) major increase in censorship of online speech, in addition to a significant rise in arbitrary arrests, detentions and prosecutions of individuals in connection with their right to exercise freedom of expression both online

Amnesty International Report 2020/21 395 and offline. Journalists and authors were also Government-sponsored “cyber-troops” and targeted, with a string of arrests and “public opinion shapers” targeted prosecutions targeting the Liberal Publishing government critics with online abuse, House and the Viet Nam Independent harassment, trolling and mass reporting Journalists Association. Two members of the campaigns, often leading to restrictions on Liberal Publishing House ̶ a local the accounts and content of human rights independent publisher selling books defenders. Human rights defenders also considered sensitive by the government faced physical attacks and other forms of ̶ were tortured by police in detention in Ho offline threats and violence in relation to their Chi Minh City.1 online activism. In April, Facebook announced its decision to significantly increase its compliance with PRISONERS OF CONSCIENCE the authorities’ demands for the censorship As of December, at least 173 known of so-called “anti-state” content on its prisoners of conscience were imprisoned in platform, which often amounted to Viet Nam, the highest recorded number since censorship of legitimate expression in Amnesty International began publishing violation of international human rights law.2 these figures in 1996. Among those, 72 were Facebook’s decision reportedly came after held for expressing their opinions online, a the authorities pressured the company by marked increase on previous years. Of the 30 slowing down its services in the country. prisoners of conscience newly detained Human rights defenders and other during the year, 24 (80%) were detained for activists raised alarm at the content online expression. Most were held under restrictions they faced from both Facebook either Article 331 of the Criminal Code, which and YouTube at the behest of the authorities, prohibits “abusing democratic freedoms to including widespread geo-blocking of infringe the interests of the State”, carrying sensitive content, profile blocking and penalties of up to seven years’ imprisonment, account suspensions. These measures or Article 117, which criminalizes “making, marked a significant deterioration in the storing or spreading information, materials or space for freedom of expression in the items for the purpose of opposing the State of country.3 the Socialist Republic of Viet Nam” and On 3 February, the authorities introduced carries a sentence of up to 20 years’ Decree 15/2020/ND-CP on penalties for imprisonment. administrative violations against regulations Prison conditions remained generally on postal services, telecommunications, radio harsh, but prisoners of conscience in frequencies, information technology and particular were subjected to discrimination, electronic transactions (“Decree 15”), further harassment and ill-treatment. Family adding to a legal framework that severely members reported incidents of prisoners of undermined the right to freedom of conscience being subjected to torture or expression. Decree 15 provides for a wide other ill-treatment in detention, including range of administrative offences for both Nguyen Van Hoa, Nguyen Van Tuc, Huynh internet users and internet service providers Truong Ca, Nguyen Ngoc Anh and Le Dinh and contains a range of severe penalties Luong. which threaten freedom of expression and access to information. Technology companies DEATH PENALTY that violate the decree can have their The courts continued to impose death operating licences suspended for up to two sentences and executions were carried out years. Decree 15 also introduced penalties during the year. The government continued for users who post or share “fake news” on the policy of classifying information related to social networks, which can be imposed in the death penalty as a state secret. Details addition to any civil or criminal punishments. about those sentenced to death remained

396 Amnesty International Report 2020/21 unavailable, including their gender, age, some virus suppression measures were ethnicity or the types of crime for which they largely successful at protecting the right to were sentenced. In December, Viet Nam health, there were multiple instances when abstained in a vote at the UN General the authorities repressed the right to freedom Assembly calling for a moratorium on the use of expression as part of their response. At of the death penalty. least two women ̶ Dinh Thi Thu Thuy and Ma Phung Ngoc Phu – were arbitrarily WOMEN’S RIGHTS arrested and charged for expressing their Violence against women remained a views on the government’s COVID-19 widespread and persistent problem. A joint response, and hundreds more people were study by the government and the UN fined for expressing their opinion on the revealed that nearly two in three married COVID-19 response on social media. women experienced physical, sexual, emotional or economic violence and 1. Viet Nam: Independent booksellers tortured by police (ASA controlling behaviours by their husbands in 41/2325/2020) their lifetime, and almost one-third reported 2. Viet Nam: Facebook must cease complicity with government such treatment in the preceding 12 months. censorship (News story, 22 April) Reporting of domestic violence or 3. Viet Nam: Let us breathe! Censorship and criminalization of online mistreatment remained extremely low, with expression in Viet Nam (ASA 41/3243/2020) very few women seeking support from the 4. Viet Nam: Human rights champion arrested, at grave risk of torture authorities or service providers. (News story, 7 October) Women human rights defenders continued to face harassment, discrimination and gender-based violence. Pham Doan Trang, a YEMEN celebrated author and human rights defender, was arbitrarily arrested on 6 Republic of Yemen October and charged under Article 117 of the Head of state: Abd Rabbu Mansour Hadi Criminal Code. Amnesty International Head of government: Maeen Abdulmalik Saeed recognizes her as a prisoner of conscience.4 If convicted, she could be imprisoned for up All parties to the conflict in Yemen to 20 years. continued to commit violations of international humanitarian law and human ECONOMIC, SOCIAL AND CULTURAL rights abuses with impunity. The Saudi RIGHTS Arabia-led coalition, supporting the According to government statistics, the internationally recognized Yemeni percentage of households living in poverty government, and Huthi forces continued to had dropped to 2.75% in 2020, a significant carry out attacks that unlawfully killed and decrease from 9.88% in 2015, reflecting a injured civilians and destroyed civilian trend whereby growing numbers of the objects. All parties to the conflict carried population realized their right to an adequate out arbitrary detentions, enforced standard of living. However, rising economic disappearances, harassment, torture and inequality threatened the country’s other ill-treatment, and unfair trials of sustainable development. individuals, targeted solely for their political, religious or professional Right to health affiliations, or for their peaceful activism. Viet Nam reported its first COVID-19 case on The parties to the conflict impeded the flow 23 January and the authorities applied strict of life-saving goods, including food, measures to contain the spread of the virus. medicine and fuel, and Huthi forces They reported a total of 1,465 cases of continued to impose arbitrary restrictions on COVID-19 and 35 deaths at year’s end. While humanitarian aid agencies. The outbreak of

Amnesty International Report 2020/21 397 the COVID-19 pandemic put further The UN Secretary-General’s call in March pressure on an already depleted health care for an immediate global and humanitarian system, which had only 50% of its hospitals ceasefire to end hostilities and counter and health care facilities still operating, as COVID-19 was welcomed by all parties to the compared to 2016. Additionally, a 50% conflict except the Huthi forces, who refused drop in the humanitarian response fund to participate. The UN Special Envoy for compared to 2019 further compounded the Yemen pursued negotiations with parties to effects of the pandemic on what was left of the conflict, and in September a draft joint the health system, increased food insecurity declaration was submitted, including and limited access to clean water, guidelines for a nationwide ceasefire, sanitation and public health. People with humanitarian measures and engagement in disabilities and migrant workers were the political process. impacted disproportionately by the In April, the Southern Transitional Council combined effects of the conflict and the (STC), backed by the United Arab Emirates pandemic. Death sentences were handed (UAE), declared “self-rule” in areas under its down for a wide range of crimes, and control in the south of the country, after executions were carried out. withdrawing from the Saudi-brokered peace deal reached in 2019 between the STC and BACKGROUND the internationally recognized Yemeni In December, the internationally recognized government. Talks subsequently resumed, Yemeni government reported that the during which the STC abandoned its number of COVID-19 cases had reached declaration of self-administration. On 18 2,078, namely in Hadramawt, Aden, Ta’iz, December, a new power-sharing cabinet was Lahij, Abyan, Almahra, Aldal’a, Ma’arib and formed as part of the Riyadh agreement Shabwa governorates. Meanwhile, the Huthi headed by Maeen Abdulmalik Saeed. de facto authorities reported only a handful of The UAE announced the completion of its cases in northern Yemen. The UN Under- phased military withdrawal from Yemen. Secretary-General for Humanitarian Affairs However, it continued to illicitly divert and Emergency Relief Coordinator estimated weapons and military equipment to militias in in June that there were possibly up to 1 Yemen and carried out air strikes. million people affected by the virus in the country, with a fatality rate as high as 25%, UNLAWFUL ATTACKS AND KILLINGS five times the global average. According to All parties to the conflict continued to commit the UN, health workers, including those serious violations of international working on the front line responding to humanitarian law with impunity, including COVID-19, were significantly impacted by the indiscriminate attacks which killed and almost 50% reduction in aid. The UN injured civilians and destroyed and damaged estimated that this would result in: the civilian objects. closure of water and sanitation programmes Huthi forces used imprecise weapons in serving 4 million people; 5 million children populated areas, placed internationally going without routine vaccinations; and the banned anti-personnel mines in farmland, closure of malnutrition programmes and wells and villages, and shelled other wider health programmes serving 19 indiscriminately, causing hundreds of civilian million people. casualties. In March, indiscriminate attacks The armed conflict continued throughout by Huthi forces hit al-Thawra hospital, the 2020, with attacks by parties to the conflict largest public hospital in Ta’iz city and in escalating, including in Ma’arib, al-Jawf, al- April, the Central Prison in Ta’iz, killing five Bayda, Dahle’, Hodeidah, Abyan and Shabwa women and a child, and injuring at least 11 governorates. civilians.

398 Amnesty International Report 2020/21 On 30 December, Aden’s airport was Haydara, who had been detained since attacked shortly after members of the new 2013, were released. government from Riyadh arrived in the city of In April, the Huthi-run Specialized Criminal Aden. The attack killed 26 individuals, Court sentenced four journalists to death including aid workers, and injured 50 others after a deeply flawed trial based on trumped- but there were no casualties among cabinet up charges. The same month, the Court members. The Huthi de facto authority did announced the release of six other not claim responsibility. journalists, including Salah al-Qaedi, who had The Saudi-led coalition carried out multiple been sentenced to three years of house air strikes in the north, killing at least 49 arrest. The 10 journalists had been detained civilians, including six children, between for five years without charge or trial.2 June and August. The UN Group of Eminent International and Regional Experts on Yemen CRUEL, INHUMAN OR DEGRADING determined that these incidents warranted PUNISHMENT further investigation, noting that the high Conditions in prisons and detention centres, number of civilian casualties raised questions including overcrowding, lack of access to around the of the attacks and health care and poor sanitation and hygiene, whether the Saudi Arabia-led coalition took combined with the spread of COVID-19, all necessary measures to protect civilians exposed detainees to substantial health risks. and minimize casualties. In August, an air The Yemeni authorities failed to take strike hit a community college used by Huthi measures to protect detainees and curb the forces as a detention facility and killed 134 spread of the virus in prisons and detention detainees and injured 40 others. centres by providing masks or other hygiene In July, the UK government resumed products. issuing licences for arms sales to Saudi Tawfiq al-Mansouri remained on death row Arabia, reversing a 2019 decision, saying as one of four journalists sentenced to death “there is not a clear risk that the export of in 2020. He suffers from chronic illness arms and military equipment to Saudi Arabia including diabetes, kidney failure, heart might be used in the commission of a serious problems, prostate inflammation and asthma, violation of international humanitarian law.” and in June he contracted COVID-19. The Huthi de facto authorities continued to deny FREEDOMS OF EXPRESSION AND him life-saving medical treatment despite his ASSOCIATION critical health condition.3 All parties to the conflict continued to All parties to the conflict continued to suppress freedom of expression and detain and torture hundreds of individuals association through arbitrary detention, targeted solely for their political, religious or enforced disappearance, harassment, torture professional affiliations or for their peaceful and other ill-treatment, and unfair trials. In activism. Parties to the conflict also targeted October the UN Special Envoy for Yemen journalists and human rights defenders, reported the release of 1,000 prisoners, a many since 2016. Detainees were held in very low number given the scale and pattern unofficial detention centres and in dangerous of enforced disappearance and detention conditions. For example, in Aden, the UAE- cases in the country. backed STC held detainees in a tin building In March, Mahdi al-Mashat, head of the and an underground cellar in Al Jala camp. Sana’a-based Supreme Political Council of According to the organization Mwatana for Yemen, the executive body set up by the Human Rights, at least 13 people were Huthis, announced the release of all Baha’i arbitrarily detained in Al Jala camp and 17 political prisoners.1 Four months later, six were tortured between May 2016 and April people of the Baha’i faith, including Hamid 2020.

Amnesty International Report 2020/21 399 According to the Group of Eminent explode or spill more than 1 million barrels of International and Regional Experts on Yemen, oil into the Red Sea, threatening an the internationally recognized Yemeni environmental, economic and humanitarian government was responsible for ill-treatment, catastrophe. An agreement was reached in sometimes amounting to torture, of detainees November between the Huthi de facto in Ma’rib political security prison, including authorities and UN. The de facto authorities beatings, electric shocks and burning of allowed access to UN experts to assess the genitals, threats of sterilization, and forcing oil tanker and the UN mission team was detainees to crawl on broken glass. expected to arrive on site by mid- February 2021. DENIAL OF HUMANITARIAN ACCESS The COVID-19 pandemic in Yemen DISCRIMINATION challenged an already fragile health care people with disabilities system. Compounded by a funding shortage, People with disabilities continued to face a blockade, obstruction of aid and a fuel exclusion, inequality and violence, largely crisis, hospitals lacked the means to respond arising from the systematic failure of the to the COVID-19 outbreak leading to the Yemeni authorities, humanitarian resignation of health workers, hospital organizations and donor states to guarantee closures and the wide spread of the disease their rights and respond to their needs. among the population. The UN Office for the The conflict further impoverished people Coordination of Humanitarian Affairs warned with disabilities, and resulted in the complete that the response to the pandemic and other loss of the limited social security support they diseases would cease in several once received. People with disabilities also governorates, affecting 18 million people, lacked access to information on the including 6 million children. prevention of and protection from COVID-19, All parties to the conflict impeded access but no data specific to people with disabilities to humanitarian aid. According to the UN, in was gathered to determine the scale. 2020 approximately 80% of the population were in need of humanitarian aid and Migrants protection – with limited access to health The COVID-19 pandemic worsened the care or clean water – and 20 million people already precarious situation of migrants in were food insecure. Yemen, who faced ongoing discrimination, Parties to the conflict increased stigmatization, forcible expulsion and abuse, bureaucratic restrictions and interfered in aid including sexual violence. projects, including blocking needs Huthi forces detained migrants in poor assessments. The escalation of fighting conditions and denied them access to further restricted freedom of movement, protection and asylum processes. When the impeding the delivery of aid. pandemic spread, the Huthi authorities In March, the United States Agency for expelled thousands of migrants to Saudi International Development (USAID), Arabia, where they were detained in life- suspended US$73 million of the US$85 threatening conditions pending their million pledged to NGOs who were delivering repatriation.4 aid to Huthi-controlled areas. In May, Huthi forces blocked containers DEATH PENALTY belonging to the WHO and shipments of The death penalty remained in force for personal protective equipment (PPE) for the many offences, and the authorities continued COVID-19 response. to use it as a way to silence dissent. In September, the UN Special Envoy for Executions were carried out by all parties to Yemen warned that FSO Safer, an oil tanker the conflict. The Huthi-run Specialized moored near the port of Hodeidah, could

400 Amnesty International Report 2020/21 Criminal Court sentenced individuals to death amendments on grounds that they would in their absence for treason. undermine the democratic process. FREEDOM OF EXPRESSION 1. Yemen: Huthi authorities’ decision to release Baha’i prisoners is ‘positive signal’ (Press release, 26 March) Police continued to use the Public Order Act, 2. Yemen: Huthis must end use of judicial system to silence dissent and other provisions, as well as threats and (Public statement, 25 March) intimidation to clamp down on freedom of 3. Yemen: Journalist on death row denied medical treatment (Press expression. release 7 December) In March, police officers in the Central 4. Saudi Arabia: ‘This is worse than COVID-19’: Ethiopians abandoned Province arrested and charged a 15-year-old and abused in Saudi prisons (MDE 23/3125/2020) boy with defaming the President under Penal Code provisions after he allegedly mocked him on social media. ZAMBIA Chella Tukuta, a photographer, was arrested by police in June after he spoke Republic of Zambia publicly about official corruption. He was Head of state and government: Edgar Chagwa Lungu charged with criminal libel for allegedly making derogatory remarks about the The authorities repressed the rights to Minister of Information and other government freedom of expression, assembly and officials, and detained in various police association. Journalists, media workers and stations in Lusaka, the capital, and Ndola lawyers were harassed. The police used over a 10-day period. intimidation to enforce COVID-19 movement restrictions. Children were Human rights defenders denied their right to information about Fumba Chama, Laura Miti and Bornwell reproductive and sexual health and rights. Mwewa were acquitted in a trial before the Livingstone Magistrates Court in September BACKGROUND on charges under the Public Order Act. The national debt reached over ZMK228 Fumba Chama was charged with unlawful billion (US$11 billion) and was expected to assembly after he hosted a youth forum on increase as a result of the COVID-19 good governance. Laura Miti and Bornwell pandemic. Zambia defaulted on its debt after Mwewa were charged, in connection with the failing to pay a US$42.5 million coupon on same event, with disorderly conduct and one of its Eurobonds in November. assaulting a police officer. The three had In August, the Health Minister was been arrested in December 2019 and held at acquitted of corruption charges in relation to Livingstone Central Police Station before the misuse of public funds which had been being released on bail. allocated to COVID-19 health care. Tensions between the ruling Patriotic Front Journalists (PF) party and the opposition United Party for Authorities continued to hinder journalists in National Development (UPND) were their work and to clamp down on the heightened in advance of the 2021 general independent media. elections. Jubilee Malambo, a journalist for Prime The authorities took steps to amend the Television, was prevented from doing his job 2016 Constitution with the introduction of on 21 March in Samfya when PF cadres Amendment Bill 10, which failed to pass with threatened to break his camera if he took the required two-thirds threshold of 111 photographs of people whose homes had votes. Both civil society organizations and been destroyed in heavy rainfall. individual citizens had challenged the On 9 April, the Independent Broadcasting Authority (IBA) cancelled Prime Television’s

Amnesty International Report 2020/21 401 licence “in the interests of public safety, Inspector-General of Police said civil society security, peace, welfare or good order”. The members and traditional leadership were same day, police went to Prime Television’s “inciting anarchy”. office in Lusaka and forced staff from the Meanwhile, the ruling party deployed building. The incident followed the media cadres, made up of its supporters, to carry outlet’s having run stories about COVID-19 out acts of violence and other intimidatory and Bill 10. tactics against UPND supporters and others The authorities also tried to restrict online as a means of preventing and disrupting broadcasting. Having said publicly that it did peaceful assemblies, beating them and not regulate broadcast content online, in July destroying their property. the IBA forced Spring TV to obtain an In July, they attacked mourners at a UPND operating licence before broadcasting on the supporter’s funeral in Mutumbi Cemetery in internet. Lusaka. PF members used violence to prevent the While, generally speaking, the perpetrators media from airing programmes which of such attacks enjoyed impunity, one cadre featured opposition leaders. In May, they was sentenced in August to two years’ fired tear gas into the Isoka Community Radio imprisonment for assaulting the Justice and Muchinga FM stations to prevent them Minister at Kabwata Market in 2019. from broadcasting interviews with Hakainde Hichilema, the UPND leader. EXCESSIVE USE OF FORCE The police employed tactics of intimidation, Lawyers harassment and arbitrary detention to Lawyers continued to be subjected to enforce movement restrictions under intimidation and violent attacks by the COVID-19 regulations and, on some authorities. In March, the Acting Chief occasions, to prevent peaceful protests. In Registrar barred constitutional lawyer John April, a police spokesperson announced on Sangwa from appearing before courts after national television that they had adopted a he criticized Bill 10 which could, among strategy to “whip” and “detain” anyone found other things, give the President excessive on the streets. powers, and the Constitutional Court’s failure In December, police killed two protesters to allow a petition to challenge Bill 10. when they opened fire on UPND activists In February, participants at a Law who had gathered in central Lusaka in Association of Zambia public meeting about support of Hakainde Hichilema, who had Bill 10, which took place at the been summoned to the police headquarters. Intercontinental Hotel in Lusaka, were physically assaulted and had their belongings RIGHT TO HEALTH stolen by a mob, thought to be members of The authorities failed to provide adequate PF cadres. public health protection from COVID-19 infection. PPE was available within Zambia FREEDOM OF ASSEMBLY but did not reach the places where it was Legislation, intimidation and harassment most needed. Some health workers in high were used by the authorities to repress the risk regions that did not receive PPE right to freedom of assembly. In June, the contracted the virus. President issued threats against members of In May, a laboratory technician was civil society organizations and anyone else delegated to transport COVID-19 samples for who planned to protest against infringements testing using public transport. After the bus of their right to freedom of expression. He he was travelling on crashed, the Health called on the Minister of Home Affairs to Minister claimed that this mode of transport “deal with these boys” whom he said did not pose a threat to other passengers and promoted “anarchy”. On 30 September, the that it was a method normally used for

402 Amnesty International Report 2020/21 transporting samples. Road traffic accidents consulted about the seizure of their are the third main cause of death in Zambia, traditional land or compensated for the claiming about 2,000 lives annually and risks destruction of their properties and assets. of accidents are higher when using public vehicles. SEXUAL AND REPRODUCTIVE RIGHTS ZIMBABWE In October, the National Assembly Republic of Zimbabwe suspended the Comprehensive Sexuality Head of state and government: Emmerson Dambudzo Education (CSE) programme, following a Mnangagwa review by a working group under the Minister of National Guidance and Religious Affairs, The authorities used COVID-19 regulations on the basis that it was “graphic, to justify severe restrictions on the rights to inappropriate and offensive to cultural, freedom of expression and peaceful religious and family values”. The CSE was assembly. They deployed security forces to introduced into the school curriculum in abduct, assault and torture perceived 2013 for primary and secondary school critics, and opposition members and learners. The African Charter on the Rights leaders. Police and security agents killed at and Welfare of the Child Articles 11 and 27 least 10 people. Women were denied protect young people from exploitation and access to essential maternal health care, provide for their right to education and and violence against women and girls was information. Suspension of CSE would be widespread. regressive to the realization of these articles. BACKGROUND DISCRIMINATION - PEOPLE WITH In January, a constitutional amendment was ALBINISM published in the official gazette giving the People with albinism continued to be President powers to hand-pick judges to subjected to violent attacks. On 24 March, higher courts and weakening Parliament’s Emmanuel Phiri’s dismembered body was oversight of financial agreements entered into found in a field a few kilometres from his by the government. home in Chipata in the Eastern Province. His On 30 March, the government introduced eyes, tongue and arms had been removed in measures to prevent the spread of COVID-19, what appeared to be a ritual killing. In April, imposing punitive movement restrictions, the body of Josephat Mutenda was exhumed initially for three weeks but periodically from his grave and his body parts stolen from extending throughout the year. Information the Likolwa burial site in the Kankomba area. about lockdown rules was unclear, and their implementation appeared to be arbitrary. On FORCED EVICTIONS 21 July, a national curfew between 6pm and On 30 April, the High Court of Zambia ruled 6am was imposed. that the forced eviction of Serenje rural The pandemic exacerbated the economic communities from their ancestral land in the crisis and the authorities were unable to Central Province violated their rights to life, provide social security to vulnerable people. freedom of movement and association, According to the UN, 7 million people were in dignity and equal protection under the law; need of humanitarian assistance and 4.3 and that the conversion of their customary million people were severely food insecure. land was illegal. The communities had been In July, opposition members called on forcibly evicted in 2013 to make way for people to participate in the nationwide “July commercial farming projects, since when 31” protests against alleged state corruption, they had lived in makeshift tents in a forest economic hardship, and to demand the reserve. The Serenje community was not President’s resignation. The country

Amnesty International Report 2020/21 403 remained in political turmoil: in August, the relating to the charges connected to their South African government appointed two abduction in May, the Regional special envoys to visit Zimbabwe and identify Magistrate ordered that Joana Mamombe be possible resolutions to ongoing violence by tried separately from Cecilia Chimbiri and security forces against the population. Netsai Marova on grounds that she had been declared unfit to stand trial. An application by EXCESSIVE USE OF FORCE their lawyers for this order to be reviewed was Security forces frequently used excessive pending at the end of the year. force to prevent or crackdown on peaceful In the days running up to the protests and to impose lockdown restrictions, protests, security forces raided the homes of killing at least 10 people. Security forces also those suspected of supporting the initiative, arbitrarily arrested and detained protesters in some cases vandalizing property. and others in the context of enforcing On 30 July, Tawanda Muchehiwa was COVID-19 measures. In the first four months arrested by police in a shop in . On of lockdown, 116,000 people were arrested the way to the police station, the officers for violating COVID-19 regulations. Many handed him over to the Ferret Team, who were subjected to violence, including a tortured him to reveal the whereabouts of his significant number of women. Two sisters, uncle, Mduduzi Mathuthu, the editor of Nokuthula and Ntombizodwa Mpofu, were online newspaper ZimLive.com. They severely beaten by police on 16 April in released him far from his home four days Bulawayo when they went out during curfew later. to buy food for their children. The same day, security forces raided A joint team comprised of agents of the Mduduzi Mathuthu’s home, and, when they police, military, the Central Intelligence failed to find him, took away his sister and Organisation, and the Office of the President, two of his nephews who were later released known as the “Ferret Team”, terrorized after the Media Institute of Southern Africa government critics, opposition leaders and intervened. activists, and their family members. Many, The violence continued after July, and on including several members of the main 7 August, four unidentified men abducted opposition party, Movement for Democratic Noxolo Maphosa in the street. She was Change-Alliance (MDC-A), were abducted sexually assaulted to force her to reveal the from police custody, tortured and dumped far whereabouts of her uncle, Josphat Ngulube, from their homes. an MDC-A member who had been accused In May, Joana Mamombe, a politician, of distributing face masks bearing the slogan Cecilia Chimbiri and Netsai Marova were “#ZANUPFMustGo” (referring to the ruling arrested at a police roadblock in the capital, party). Harare, while they were leading a On 12 August, Tamuka Denhere, another demonstration against inadequate protection member of the MDC-A, was taken from his for the poor. They were abducted the same home in Gweru city by unidentified men and day from Harare Central Police Station by a tortured over several hours. They then group of men believed to be from the Ferret handed him over to Harare Central Police Team, who physically and sexually assaulted Station. Police also arrested his wife after she them and dumped them 87km from their reported his abduction. homes in Harare three days later. In June, the State charged the women with faking Unlawful killings their abductions and “tarnishing the country’s Police and state security agents unlawfully image”. On 31 July, they were re-arrested at killed at least 10 people. No meaningful a checkpoint. While they were being held, a investigations were carried out into these soldier whipped Cecilia Chimbiri for allegedly crimes. insulting him. In December, in the case

404 Amnesty International Report 2020/21 On 15 March, police went to the home of In March, the Commander of the Bhekani Moyo in Silobela village, in Zimbabwe National Army said that social connection with assault allegations, and shot media was proving a threat to national him dead. On 30 March, Levison Moyo was security and that the military would put beaten by police in Bulawayo for allegedly private electronic communications under violating lockdown restrictions and died four surveillance to “guard against subversion”. days later from a brain haemorrhage. In May, Christian Rambu was arrested in Chipinge police, travelling in an unmarked vehicle, town in April for distributing a WhatsApp shot and killed Paul Munakopa in Hillside, message accusing the President of Bulawayo. incompetence. Rujeko Hither Mpambwa, At least two opposition activists were from Kariba, was arrested in August for unlawfully killed. In July, Mazwi Ndlovu, from criticizing on social media the President’s Bulilima, was killed by agents suspected to address to the nation. be affiliated with ZANU-PF after he raised concerns about the way food was distributed Journalists to those in need. A man suspected of killing Police and military officers used the him was later arrested but released without COVID-19 restrictions as a pretext to justify appearing in court or applying for bail. Also in the harassment and intimidation of journalists July, state security agents in Hurungwe and other media workers, at least 25 of abducted, murdered and dumped the naked whom were assaulted and arbitrarily arrested body of Lavender Chiwaya, an MDC-A and detained while working, or on their way councillor, near his home. to and from work. They were accused of violating lockdown restrictions, disorderly FREEDOM OF EXPRESSION conduct or using expired accreditation The authorities used COVID-19 restrictions as documents which, under the COVID-19 a pretext to limit civic space and restrict regulations, should have been considered human rights. Section 14 of Statutory valid during lockdown. Journalists were Instrument 83 of 2020 on Public Health frequently ordered to delete their videos or (COVID-19 Prevention, Containment and photographs without a valid reason. Treatment) Regulations, 2020 criminalized the “spreading of false news” about FREEDOM OF ASSEMBLY COVID-19 and imposed a 20-year prison The authorities used Section 14 of Statutory sentence and/or a hefty fine. Lovemore Instrument 83 of 2020 on Public Health to Zvokusekwa, from Chitungwiza, a town on prohibit demonstrations during lockdown. the outskirts of Harare, was arrested in April, Between March and August, security and accused of circulating a fabricated press forces locked down roads to Harare’s central statement purporting to be from the business district to prevent protests in President, announcing a lockdown extension. support of prominent activists facing trial. Later that month, the President said he In in Harare, officers robbed should receive a 20-year prison sentence as some people at gunpoint, demanded bribes an “example” to others. On 30 April, he was or severely beat them for breaking lockdown released from detention on remand although regulations. he faced trial pending possible further Dozens of people were arrested for investigations by the prosecution. The organizing or participating in peaceful authorities used further provisions which demonstrations, including activists Namatai criminalized people solely for peacefully Kwekweza and Vongai Zimudzi, arrested in exercising their right to freedom of June for demonstrating against constitutional expression, including “undermining the amendments. authority of the President” or “insulting” him, In July, at least 17 nurses were prosecuted to discourage criticism on social media. for violating lockdown regulations after they

Amnesty International Report 2020/21 405 protested against low wages and poor early, ostensibly to allow staff to get home working conditions at the Sally Mugabe before the curfew. Consequently, hearings Central Hospital in Harare. They were were repeatedly adjourned, and critics and acquitted of all charges. activists were unable to get bail and were In the same month, the authorities kept in prolonged pre-trial detention. Jacob launched a brutal crackdown on opposition Ngarivhume, a politician, who was arrested in leaders involved in organizing the July 31 connection with the July 31 protests, and protests (see above, Excessive use of force) Hopewell Chin’ono, a journalist who was and on trade unionists who had called for arrested for exposing allegations of corruption strike action. Throughout July, security forces among government officials, spent around six arrested at least 60 people. weeks in pre-trial detention, having been On 12 July, unidentified men tried to denied bail three times. Godfrey Kurauone, abduct the brother and nephew of Peter an MDC-A councillor in Masvingo, spent over Mutasa – the leader of the Zimbabwe five weeks in jail for “insulting” the President. Congress of Trade Unions – from his home. At least 10 lawyers were harassed in On 16 July, a group of men broke into the connection with cases they represented, house of Obert Masaraure, President of the some of them facing prosecution on Amalgamated Rural Teachers Union of trumped-up charges. In June, Thabani Zimbabwe (ARTUZ), in the early hours, Mpofu was arrested and bailed, on taking his wife into custody for several hours allegations of obstructing justice by filing an to try to force her to reveal his whereabouts. affidavit from a fictitious person in a case Three days earlier ARTUZ had organized a which challenged the appointment of the demonstration to protest about low wages. Prosecutor General. The author of the An overnight curfew was imposed on 21 affidavit later presented himself to the police, July, ostensibly to prevent the spread of but the case against the Thabani Mpofu COVID-19 infection, but which critics continued at the end of the year. interpreted as a clampdown on protests. On In July, the Chief Justice directed that all 27 July, a ZANU-PF spokesperson called on court judgements be “approved” by the head supporters to use all necessary means to of the court or division before being handed defend themselves ahead of the nationwide down. The directive was withdrawn following July 31 demonstrations. When the protests strong objections from lawyers and civil went ahead, police arrested at least 20 society activists. people, who were charged with various In August, a magistrate barred Beatrice offences including “public nuisance”, Mtetwa, a human rights lawyer, from “intention to incite public violence”, and representing her client and recommended breaking COVID-19 regulations. They were that her licence be revoked after she was later released on bail. On 4 August, the falsely accused of running a Facebook page President said the protest supporters were which criticized the justice system. “ apples” who would be “flushed out”. RIGHT TO HEALTH RIGHT TO TRUTH, JUSTICE AND Between March and June, a total of 106 REPARATION maternal deaths were recorded, largely as a Opposition and civil society members, result of movement restrictions which activists and lawyers accused the authorities prevented many pregnant women from of using the judicial system to harass and accessing services. In July, a woman from penalize opponents or perceived critics of the Chitungwiza was forced to pay a bribe to get government. through a police roadblock to reach hospital Statutory instruments were used to when she was in labour. suspend constitutional rights. For example, The government did not release COVID-19 restrictions led to courts closing information on the number of health workers

406 Amnesty International Report 2020/21 who had tested positive for COVID-19 until August, when they announced there were more than 480 cases. In September, the UN Office for the Coordination of Humanitarian Affairs reported a decrease in access to essential health care facilities as a consequence of COVID-19 infection among health workers and a lack of PPE, among other things. Calls from front-line health workers for adequate PPE and essential drugs went unheeded, and in April the Zimbabwe Association of Doctors for Human Rights took a case to the High Court which ordered the government to, among other things, provide PPE to front-line health workers. VIOLENCE AGAINST WOMEN AND GIRLS Within the first 11 days of lockdown, 764 cases of violence against women and girls were recorded, rising to 2,768 by mid-June. The authorities failed to prioritize services to protect women and girls from such attacks. Meanwhile, victims were denied prompt access to justice.

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