Amnesty International is a worldwide movoment independent of any government, political persuasion or religious creed. It plays a specific rolein the intornational protection of human rights.

- it seeks the release of prisoners of conscience. These are people detained fo r their beliefs, colour, sex, ethnic origin, language or religion who have not used or advocated violence; - it works for fa ir and prompt trials for all political prisoners; - it opposes the death penalty and tortureor other cruel, inhuman or degrading treatment or punishment of all prisoners without reservation.

Amnesty International is impartial. It does not support or oppose any gov rnmentor political system, nor does it support or oppose the views of the prisoners whose rights it seeks to protect. It is concern d sol Iy with the protection of the human rights involved in each case, r gardless of the ideology of th government or th beliefs of the victim.

Amnesty International, as a matter of principle, condemns the torture and execution of prisoners by anyone, including opposition groups. Governments have the responsibility for dealing with such abuses, acting in conformity with international standards for the protection of human rights.

Amnesty International does not grade governments according to their record on human rights: instead of attempting comparisons it concentrates on trying to end the specific violations of human rights in each case.

Amnesty International acts on the basis of the United Nations Universal D daration of (Iuman Rights and other international instruments.Through practical work for prisoners within its mandate, Amnesty International participates in the wid r promotion and protection of human rights in the civil, political, economic, social and cultural spheres.

Amnesty International has more than 1,100,000 members, subscribers and regular donors in over 150 countries and territories, with more than 6,000 local groups in over 70 countrie in Africa, the Americas, Asia, Europe and the Middle East. Each group works on behalf of prisonors of conscience in countries other than its own. Thos countries are balanced geographically and politically to ensure impartiality. Information about prisoners and human rights violations emanates from Amnesty International's Research Departm nt in London. No section, group or member is expected to provide information on their own country, and no section, group or member has any responsibility for action takon or statements issued by the intornational organization concerning their own country.

Amnesty International has fo rmal relations with tho United Nations Economic and Social Council (ECOS(X:); tho Unitod Nations Educational, Scientific and Cultural Organization (UNESCO); tho Council of Europo; tho Organization of American States; and tho Organization of African Unity.

Amnesty International is financed by subscriptions and donations from its worldwide memborship. To safeguard the indopendonco of the organization, all contributions are strictly controlled by guidelines laid down by tho International Council. 0 tails of income and expendituro are availablo on roquest from the International Secrotariat. AMNESTY INTERNATIONAL REPORT

1991

This r port covers the period January to December 1990

Amne ty International Publications

1 Easton tr' ,t. London wclx BD) United Kingdom First published 1991 by Amnesty International Publications 1 Easton Street, London wclx 8DI, United Kingdom

� Copyright Amnesty International Publications 1991

ISBN: 0 86210 196 4 AI Index: p()� 10/01/91 Original Language: English

Typesetting and page makeup by: Accent on type, 2-4 Tysoe Stroet, London Eel R 4QR

Printed by: The Bath Press, Lower Bristol Road, Bath, United Kingdom

Cover design: Tessa Pellow (The languages shown are the official languages of the United Nations. Amnis/ie In/erna/ianaleis the term used by the francophone branch of Amnesty International in Canada.)

All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical. photocopying, recording andlor otherwiso without the prior permission of the publishers.

This report documents Amnesty purpose only. It is not possible on the small International'swork and its concerns scale used to show precise political throughout the world during 1990, The boundaries. nor should the maps be taken absence of an entry in this report on a as indicating any view on the status of particular country does not imply that no disputed territory. Amnesty International human rights violations of concern to takes no position on territorial questions. Amnesty Internationalhave taken place Disputed boundaries and cease-fire lines there during the year. Nor is the length of a are shown, where possible, by broken country entry any basis for a comparison of lines. Areas whose disputed status is a the extent and depth of Amnesty matter of unresolved concern before the International's concerns in a country. relevant bodies of the United Nations have Regional maps have been included in this been indicated by striping only on the report to indicate the location of countries maps of the country which has de facto i and territories cited in the text and for that control of the area. Amnesty International Report 1991 ERRATA

Introduction/Work with InternationalOrganiZAtions Page 17. lines 6-7 should read: Forty-one member states of the OAU were parties to the African Charter on Human and Peoples' Rights by the end of 1990 after ratifications by Angola, Malawi and ...

Amnesty Internationalphotograph exhibition: 1991 campaign Page 24. top row. second photograph: Israel should read Israel and the Occupied Territories.

Afghanistan Page 27. first column. line 3: hundreds should read dozens.

Antigua and Barbuda Page 34, first column. lines 5-8 should read: Everette Byers was sentenced to death in April for murder. He was one of two prisoners reportedly under sentence of death at the end of the year.

Ethiopia Page 90. first column. line 18: 1976 should read 1986.

Guinea-Bissau Page 106. second column. lines 48-49 should read: ... was apparently subsequently released.

Niger Page 171. second column. line 9: delete peaceful.

South Africa Page 204, second column. line 49: August should read September.

Suriname

Page 215. first column. line 9 should read: ...army were feared killed following an internal ...

UnitedStates of America Page 240. second column. line 8 should read: ...Nevada, SouthCarolina, Texas and Virgina.

AppendixIV - A mnestyInternational Around the World Page 271. first column. line 31: the address of the Israel Section is PO Box 14179. Tel Aviv 61141.

Appendix Vll - Sekcted Regional Human Rights Treaties Page 278, (Organization of AfricanUnity). Angola ratifiedthe African Charter on Human andPeop les' Rights during 1990. CONTENTS

CONTENTS

Introduction / 1 Amnesty International: A Worldwide Campaign / 3 Work with International Organizations / 10 Amnesty International photograph exhibition: 1991 campaign / 21

Afghanistan (The Republic of) / 27 Albania (The People's Socialist Republic of) / 28 Algeria (The People's Democratic Republic of) / 31 Angola (The People's Republic of) / 32 Antigua and Barbuda / 34 Argentina (The Argentine Republic) / 34 Australia / 36 Austria (The Republic of) / 36

Bahamas (The Commonwealth of the) / 38 Bahrain (The State of) / 38 Bangladesh (The People's Republic of) / 40 Benin (The People's Republic of) / 42 Bermuda / 43 Bhutan (The Kingdom of) / 44 Bolivia (The Republic of) / 44 Brazil (The Federative Republic of) / 46 Brunei Darussalam / 49 Bulgaria (The Republic of) / 50 Burkina Faso / 51 Burma (see Myanmar) Burundi (The Republic of) / 52

Cambodia (The State of)/ Democratic Kampuchea / 54 Cameroon (The Republic of) / 55 Canada /57 Central African Republic (The) / 58 Chad (The Republic of) / 59 Chile (The Republic of) / 61 China (The People's Republic of) / 64 Colombia (The Republic of) / 67 Comoros (The Islamic Federal Republic of the) / 70 Congo (The People's Republic of the) / 71 Cote d'Ivoire / 72 Cuba (The Republic of) / 73 Cyprus (The Republic of) / 76 Czechoslovakia (The Czech and Slovak Federal Republic) / 76

Denmark/77 Djibouti (The Republic of) / 78 CONTENTS

Dominica (The Commonwealth of) / 78 Dominican Republic (The) /79

Ecuador (The Republic of) / 80 Egypt (The Arab Republic of) / 81 El Salvador (The Republic of) / 84 Equatorial Guinea (The Republic of) / 87 Ethiopia (The People's Democratic Republic of) / 88

Fiji / 91 Finland (The Republic of) / 92 France (The French Republic) / 92

Gabon (The Gabonese Republic) / 93 Gambia (The Republic of the) / 95 Germany (The Federal Republic of) / 95 Ghana (The Republic of) / 97 Greece (The Hellenic Republic) / 99 Grenada /100 Guatemala (The Republic of) / 101 Guinea (The Republic of) / 104 Guinea-Bissau (The Republic of) / 106 Guyana (The Cooperative Republic of) /107

Haiti (The Republic of) / 108 Honduras (The Republic of) / 110 Hong Kong /112

India (The Republic of) / 113 Indonesia (The Republic of) and East Timor /117 Iran (The Islamic Republic of) / 119 Iraq (The Republic of) and Occupied Kuwait /122 Ireland (The Republic of) /125 Israel (The State of) and the Occupied Territories / 126 Italy (The Italian Republic) /129

Jamaica/130 Japan /132 Jordan (The Hashemite Kingdom of) / 133

Kampuchea (see Cambodia) Kenya (The Republic of) / 135 Korea (The Democratic People's Republic of) / 137 Korea (The Republic of) / 137 Kuwait (The State of) /140

Laos (The Lao People's Democratic Republic) / 141 Lebanon (The Lebanese Republic) / 142 CONTENTS

Lesotho (The Kingdom of) / 144 Liberia (The Republic of) / 145 Libya (The Great Socialist People's Libyan Arab Jamahiriya) / 147

Madagascar (The Democratic Republic of) / 148 Malawi (The Republic of) / 149 Malaysia / 150 Maldives (The Republic of) / 151 Mali (The Republic of) / 151 Mauritania (The Islamic Republic of) / 153 Mauritius /155 Mexico (The United Mexican States) /156 Morocco (The Kingdom of) and Western Sahara / 159 Mozambique (The People's Republic of) / 162 Myanmar (The Union of) / 163

Namibia / 166 Nepal (The Kingdom of) / 167 Nicaragua (The Republic of) /169 Niger (The Republic of the) / 171 Nigeria (The Federal Republic of) / 172 Norway /174

Pakistan (The Islamic Republic of) / 175 Panama (The Republic of) / 178 Papua New Guinea (The Independent State of) / 179 Paraguay (The Republic of) / 181 Peru (The Republic of) /182 Philippines (The Republic of the) / 185 Poland (The Polish Republic) / 189 Portugal (The Portuguese Republic) / 189 Puerto Rico (see United States of America)

Romania /191 Rwanda (The Rwandese Republic) / 193

Saint Vincent and the Grenadines /194 Silo Tome and Principe (The Democratic Republic of) /195 Saudi Arabia (The Kingdom of) /195 Senegal (The Republic of) / 198 Sierra Leone (The Republic of) /199 Singapore (The Republic of) / 200 Somalia (The Somali Democratic Republic) / 201 South Africa (The Republic of) / 204 Spain (The Kingdom of) / 207 Sri Lanka (The Democratic Socialist Republic of) / 209 Sudan (The Republic of the) / 212 Suriname / 215 CONTENTS

Swaziland (The Kingdom of) / 216 Sweden (The Kingdom of) / 217 Switzerland (The Swiss Confederation) / 218 Syria (The Syrian Arab Republic) / 219

Taiwan (The Republic of China) / 221 Tanzania (The United Republic of) / 222 Thailand (The Kingdom of) / 223 Togo (The Togolese Republic) / 225 Trinidadand Tobago (The Republic of) / 226 Thnisia (The Republic of) / 227 Thrkey (The Republic of) / 228

Uganda (The Republic of) / 231 Union of Soviet Socialist Republics (The) / 233 United Arab Emirates (The) / 236 United Kingdom (of Great Britain and Northern Ireland. The) / 237 United States of America (The) (inc. Puerto Rico) / 240 Uruguay (The Eastern Republic of) / 243

Venezuela (The Republic of) / 245 Viet Nam (The Socialist Republic of) / 247

Yemen (The Republic of) / 249 Yugoslavia (The Socialist Federal Republic of) / 251

Zaire (The Republic of) / 254 Zambia (The Republic of) / 256 Zimbabwe (The Republic of) / 257

APPENDICES

I: Amnesty International Visits,1 January to 31 December 1990 /262 11: Statute of Amnesty International: Articles 1 and 2 / 265 . Ill: Amnesty International News Releases 1990 / 267 IV: Amnesty International Around the World / 270 V: International Executive Committee / 272

... VI: Selected International Human Rights Treaties / 273 s: ... VII: Selected Regional Human Rights Treaties / 278 VIII: Overdue Reports / 280 I IX: United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials / 283 I X: United Nations Basic Principles on the Role of Lawyers / 286 XI: Protocol to the American Convention on Human Rights to i Abolish the Death Penalty / 289 � XII: Selected Statistics / 290 I INTRODUCTION

1 INTRODUCTION

The new decade opened against a background of dramatic political changes. Respect for fu ndamental human rights was at the heart of events. Across Eastern and Central Europe, prisoners of conscience were being freed - one, Vaclav Havel, became President of his country, and many others were assuming impor­ tant roles in the new order. As the first year of the decade ended, Albania became the last country in Europe to legalize peaceful political dissent. In Africa, Namibia voted strong human rights provisions into its new constitu­ tion, and the release of Nelson Mandela and other political prisoners signalled the start of negotiations for change in South Africa. Released prisoners of conscience re-entered political life in Benin and Zaire, but only a minority of prisoners of conscience had survived to do so when the Chadian Government was overthrown. Protection of human rights was a central issue in efforts to resolve long­ standing :::onflicts in El Salvador and Cambodia. In Chile, once synonymous with gross human rights violations such as "disappearances", extrajudicial executions and torture - abuses which still afflict several countries in the Americas - a new elected government was facing the complex task of establishing the truth about past violations. An immediate or eventual end to executions was increasingly recognized as an essential aspect of resp ct for human rights. The death penalty was abolished in the Czech and Slovak Federal Republic, Hungary, Mozambique and Namibia, as well as in Andorra, Ireland, and Sao Tome and Principe. It was also abolished for ordinary offences in Nepal, while moratoriums on executions began in Bulgaria and South Africa. But as the world struggled to keep up with one set of events. it was overtaken by another. The Iraqi invasion of Kuwait in August was accompanied by mass extrajudicial killings, summary executions, torture and arrests of prisoners of conscience. Elsewhere in the Middle East, Syrian military action in Lebanon also saw summary executions; the Israeli response to Palestinian demonstrations or riots resulted in dozens of deaths; and Yemeni migrant workers were tortured before their expulsion from Saudi Arabia. One lesson emerged clearly from both sets of events. There were many people in and out of government at the end of 1990 who had reason for deep shame - and sometimes self-interested regret - at their failure to stand up against human rights violations in the past. It was only those brave individuals who had not bowed down to the repression of freedom of expression who commanded full respect when it was restored in countries of Eastern and Central Europe. The Iraqi Government headed by President Saddam Hussein had been com­ mitting gross and widespread human rights abuses for many years before the 1990 crisis. These included repeated massacres of Kurdish civilians by the Iraqi armed forces, sometimes using chemical weapons. In the face of such gross abuse, Amnesty International had appealed directly to the United Nations (UN) INTRODUCTION

2 Security Council in September 1988 for urgent action and publicized gruesome evidence of the atrocities. However, the world's governments and media took only token interest, and none of the UN bodies took action. In early 1989 Amnesty International published harrowing accounts of the tor­ ture and killing of children in Iraq. In early 1990 the organization again pressed the UN Commission on Human Rights to take action on the grave human rights situation in the country. The Commission voted not to act on a draft resolution on Iraq. It took the same decision concerning a resolution on China, thus avoid­ ing action on the two countries which particularly cried out for international concern. The response to Amnesty International's information on Iraq changed dramat­ ically on 2 August 1990, the day Iraq invaded Kuwait. Suddenly, the telephones at the organization's International Secretariat in London were busy with inquiries about Iraq's human rights record. Pictures of the victims of chemical weapons appeared widely on television. Exiled Kurds, who had battled for so long to have their stories heard, were invited to speak to the media. Amnesty International's own reporting of the abuses perpetrated in Kuwait following the Iraqi invasion made front pages across the world and was cited by heads of government. The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities finally adopted a resolution on Iraq when it met in August, and in December the General Assembly expressed grave concern about Iraqi abuses in occupied Kuwait. Yet at the same time, lengthy Amnesty International reports on grave human rights violations in countries such as Chad, Egypt, El Salvador, Iran, India, Mauritania, Myanmar, Sri Lanka, Sudan and Turkey were fortunate to be given reasonable space in the media, let alone to be taken up at a high level by governments. The governments of the world stand in danger of sabotaging the hope of a new era for human rights - a hope for which millions of ordinary people are strug­ gling, often risking their lives or freedom. Some governments are sabotaging it by the violations they commit directly; others by the selectivity with which they exert their influence. Even those governments which are committed to protecting the rights of their own citizens have other interests to pursue in their foreign relations, and these frequently conflict with their obligation to defend human rights worldwide. Sometimes, human rights concerns become the short-term beneficiary of this self-interest; more often they become the casualty of political expediency. It is for this reason that the existence of a worldwide human rights movement, independent of the political and economic interests of nation states, remains so necessary. The foremost contribution to this movement is made by those men and women who struggle to defend human rights at the local and national level in countries where they are violated daily. Without their courage, persistence and resilience, Amnesty International and other international organizations would often know little about the abuses: their struggle requires the strongest possible support across national frontiers. Where no open stand for human rights INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

is fe asible, the international human rights movement must proclaim the rights of 3 those who are not permitted to proclaim their own. Amnesty International has been a part of this movement since its fo undation in 1961. The organization was born out of a sense of outrage at violations of human rights perpetrated despite the assent of governments to the Universal Declaration of Human Rights. Thirty years on, its members remain outraged. This report, covering 141 countries, shows why. Accounts of prisoners of conscience, unfair trials of political prisoners, torture, "disappearances" after arrest and judi­ cial and extrajudicial executions still arrive at Amnesty International's offices every day from diffe rent corners of the earth. There have never been valid excuses for the commission of these gross viol­ ations of human rights. The first excuse for the sin of omission - of failure to act - is ignorance. The human rights movement acting at local, national, regional and international levels has today deprived governments and most peoples of that excuse. The world has also too often heard governments' excuses that politi­ cal and economic interests override human rights issues - the events of 1990 should have put an end to these excuses once and for all. In the last decade of the 20th century it is not enough for some people to fe el vindicated and others ashamed because of the changes which have improved resp ct for human rights in some countries. It is a time to act to secure those improvements, especially as many are already threatened by new conflicts or the resurgence of old ones. It is a time to remain outraged by the continuation of gross violations of human rights - and to identify the situations which indivi­ duals, governments and the international community will be ashamed of tomor­ row if we do not act today. This report contains not only descriptions of these situations, but also an account of what Amnesty International, acting alongside other human rights activists worldwide, has done to prevent them. After 1990, there can be no more excuses.

AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

"We cannot and will not again be a country cited as violent in reports by Amnesty International.. .. We will not allow the 'new Brazil' to accept any form of disrespect for human rights." This pledge was given by President Collor of Brazil in a nationally televised speech on 22 June 1990, just three days after Amnesty International had launched an action on torture and extrajudicial executions in Brazil. Three months later the President called for a full investiga­ tion into all cases of torture and extrajudicial execution of children highlighted in an Amnesty In ternational Newsletter article. In November a leading Brazilian human rights activist received death threats after denouncing the death squad murders of children in Rio de Janeiro. Amnesty International members sent thou­ sands of urgent appeals to the Brazilian government. Within the month he had received fe deral police protection. !i The men and women who helped persuade the Brazilian Government to .. INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

4 recognize and investigate human rights violations were drawn together by the common belief that ordinary people can take effective action to protect the human rights of others. They are all inspired by the United Nations Universal Declaration of Human Rights, which fo rms the basis of Amnesty International's work. The organization's strength lies in its membership and supporters - people from over 150 countries who are prepared to write letters, send telegrams and organize campaigns to stop human rights abuses wherever they occur. In 1990 the number of Amnesty International members and regular donors surpassed

1,000,000 - one reminder to all governments of the depth of feeling that exists around the world about human rights. Many members work through one of more than 6,000 volunteer groups active in over 70 countries worldwide. To ensure impartiality and independence, no group is asked to work on the case of a prisoner in its own country. In 45 coun­ tries Amnesty International sections coordinate the work of the local groups and organize campaigns, publicity and fu nd-raising. New groups are being formed all the time and the movement has expanded to reach all corners of the world. Eastern Europe achieved rapid membership development in 1990; by the end of the year there were about 700 international members and between 30 and 40 fu nctioning groups in the region. Groups existed or were in fo rmation in every country in Eastern Europe except Albania, and even in Albania developments in late 1990 promised a brighter future for human rights work in the country. In Sub-Saharan Africagroups were formed in Benin and Togo, joining those already active in Zambia and Mauritius, and a fifth African section was established in Sierra Leone. In the Middle East and North Africa members were active in eight countries although members in the Sudan and Kuwait were fo rced to severely restrict their activities owing to political developments in both countries. In the Asia/Pacific region Amnesty International sections existed in five countries with less formal groupings in a further 11. In the Americas and the Caribbean, sec­ tions continued their activites in 11 countries and there were fu nctioning groups in a further eight. It is this surge of interest in Amnesty International in Eastern Europe and the developing world, alongside the organization's still increasing strength in North America and Western Europe, that has pushed membership to record levels. In 1990 Amnesty International groups worldwide were working on behalf of 4,500 prisoners held in 77 countries. At least 1,296 were released during the year. As has been the case since Amnesty International's fo undation in 1961, members campaign for the release of prisoners of conscience - men and women imprisoned solely for their beliefs, ethnic origin, language or religion who have neither used nor advocated violence. Members also work on behalf of victims of torture and unfair trials, those who have "disappeared" or have been extrajudicially executed, and all those who fa ce the death penalty. A variety of methods are used to campaign for these victims. Members write letter after letter to government officials, judges, prison officers - anyone who may be able to help. At the same time, groups seek to publicize the prisoner's plight in their local press, approach embassies, or ask influential people to sign INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

petitions and support protests. 5 A campaign can take months or years but once the call has been made for the release of a prisoner of conscience, Amnesty International never gives up. The Dunedin group in New Zealand vigorously campaigned for 19 years on behalf of South Korean prisoner of conscience Suh Sung. He was finally released in February 1990, and later said: "It is my hope that those who worked so hard on my behalf will now continue to work to bring about the release of all the other political prisoners in South Korea." In the course of any campaign, Amnesty International groups must raise money for postage, stationery, le1lflets, publications, meeting rooms and the dozens of minor expenses incurred. Members have devised a wide variety of fu nd-raising events, many of which also provide opportunities to publicize urgent human rights concerns. In 1990 the Hong Kong group participated in sponsored "walkathons". Artists in New Zealand donated their work to a charity auction for Amnesty International. A group in Sierra Leone grew and sold cas­ savas. Concerts promoting human rights work were organized in the Philippines, New Zealand, India, Chile and Japan. In Kuwait, before the Iraqi invasion, local groups staged a well-publicized art exhibition in Kuwait City. Large-scale political imprisonment, detention without trial, torture, "disap­ pearances" and extrajudicial executions cannot be confronted solely by high­ lighting individual prisoner cases. In countries where a pattern of abuse warrants sustained and increased international pressure, Amnesty International organizes country campaigns or actions. In 1990 there were campaigns on countries including Brazil, Chad, China, Myanmar (Burma), Peru, South Korea, Sri Lanka and Sudan. The campaign on China continued the work begun following the June 1989 massacre in and around Tiananmen Square, Beijing. Then, Amnesty Inter­ national launched an emergency campaign involving hundreds of thousands of members all over the world. Although the Chinese authorities fa iled to respond, Amnesty International maintained the pressure throughout 1990. In May the organization published the names of 650 of the thousands of prisoners arrested and held since the June 1989 pro-democracy protests - at that time the longest list of prisoners in China ever compiled by a human rights organization. "One year after the killings in Beijing, the fate of those prisoners is still veiled in official secrecy - but they are not fo rgotten," Amnesty International said. "We know some of their names and we want to know what has happened to all of them .... Our message to the government is that these human rights violations are an international concern and international pressure will not go away." In September Amnesty International launched a further action on China aimed at maintaining international attention on the continued repression of trade union­ ists, workers, writers, academics and human rights activists and on the increased use of the death penalty. Between March and June an action on Chad mobilized groups in Africa, Europe and the Americas to send thousands of letters urging the government to release all prisoners of conscience, stop torture, and account for prisoners whose INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

6 fate remained unknown. Several actions on Sudan were also launched during the year. Amnesty International members in Egypt were particularly active in col­ lecting signatures for a letter of appeal to President Bashir of Sudan. Amnesty International frequently asks fo r support for its campaigns from doc­ tors, lawyers, trade unionists and other groups in the community with special interests, skills or influence. In this "target sector work", members either work through their local sections or join professional groups. There are extensive networks of Amnesty International medical and legal groups, and a growing number of trade unionists, teachers and journalists work on behalf of individual prisoners and in general campaigns. Between April and September 1990 a target sector action mobilized Amnesty International members and trade unionists from all over the world to appeal on behalf of 12 trade unionists who had been victims of human rights abuses in countries such as El Salvador, Sri Lanka, Syria and Turkey. Several trade unions agreed to bring Amnesty International concerns before the International Labour Conference. Recently fo rmed Amnesty International groups in Algeria, Egypt, Jordan and Kuwait distributed a video and a leaflet in Arabic and collected thousands of signatures for the appeal case petitions. Amnesty International medical groups in over 30 countries around the world organize actions on behalf of prisoners who are seriously ill, often because of tor­ ture or inadequate care. They also campaign for an end to medical participation in human rights violations and raise Amnesty International concerns with medi­ cal associations. Medical groups sometimes intervene on behalf of colleagues who are themselves victims of human rights abuses. In 1989 Dr Maamun Mohamed Hussein called a 10-minute meeting to discuss a doctors' strike at a Sudanese hospital. Dr Hussein and his colleague, Dr Sayed Abdallah, were arres­ ted, tried and convicted of "calling and organizing a strike" and "incitement to opposition against the government". In Decemb r 1989 Dr Hussein was sen­ tenced to death and Dr Abdallah received a sentence of 15 years' imprisonment. Medical groups began an immediate international campaign to publicize the cases and demand the release of the two men. On the eve of a visit in May by a delegation representing several scientific and medical organizations from the United States of America, both doctors were released. Dr Abdallah was re­ arrested in August, and medical groups again organized to put pressure on the Sudanese authorities to release Dr Abdallah and some 20 medical profes­ sionals still in detention. Human rights emergencies are happening all the time all over the world. Amnesty International has to be prepared to act quickly when it learns of a "dis­ appearance", or fears that a prisoner may be fa cing torture or execution. The Urgent Action network can be mobilized for worldwide action within 48 hours. The network has about 50,000 participants in 60 countries who are prepared to write, fax or telegraph immediate appeals on behalf of victims of human rights violations. One member, a night-watchman in Ireland, writes to every address on every Urgent Action - an average of 2,000 letters a year. In 1990 a total of 823 Urgent Actions were issued, taking up the cases of 3,626 people in 90 countries. INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

Amnesty International's campaigns are based on the facts gathered, docu­ 7 mented and analysed at the International Secretariat in London. The Secretariat's main task is to ensure that Amnesty International members in over 150 countries receive accurate and timely information for effective human rights action. Research teams covering all regions of the world establish networks of contacts, and monitor media reports and government statements. The International Secretariat also communicates with the government authorities in countries where human rights violations have taken place. It submits information to the United Nations and other intergovernmental organizations, and maintains contact with non-governmental organizations such as international trade unions and human rights organizations. Missions are organized to send Amnesty International representatives to various countries to discuss concerns with government officials, collect information about human rights violations or legal procedures, or to observe political trials. The International Secretariat provides information about cases and campaigns to members, groups, sections and the international news media. It publishes reports on current human rights abuses in individual countries and on pervasive patterns of human rights violations. These reports routinely appear in Arabic, English, French and Spanish, as well as other languages when possible, such as Chinese, Farsi, German, Japanese, Portuguese and Russian. A summary of cur­ rent human rights news and prisoner of conscience cases for worldwide letter writing appears in the monthly Amnesty In ternational Newsletter, which is also produced in Arabic, English, French, Spanish and, from 1991, Russian. The bulk of Amnesty International's work is carried out by volunteer activists, working on the basis of information provided by the International Secretariat. The membership itself sets the organization's policies through Amnesty International's governing body - the International Council - which is made up of section delegates and meets every two years. The Council elects an International Executive Committee to carry out its decisions and supervise the International Secretariat. All the movement's funds are raised by the members, and impart­ iality is protected by accepting no contributions from governments and by fo llowing strict guidelines on financial donations.

Abolition of the Death Penalty Amnesty International is unconditionally opposed to the death penalty and works for its worldwide abolition. The organization regularly monitors death sentences and executions around the world and appeals for clemency whenever it learns of an imminent execution. The trend towards worldwide abolition of the death penalty continued in 1990 with seven countries abolishing the punishment for all crimes and one abolishing it for ordinary offences. By the end of the year nearly half of all coun­ tries in the world had abolished the death penalty in law or practice. Forty-four countries had abolished the death penalty for all offences and 17 for all but exception­ al offences, such as wartime crimes. A further 25 countries, while retaining the !i penalty in law, had not carried out any executions for at least 10 years. .. INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

8 A move to reintroduce the death penalty for common crimes was defeated in the House of Commons (lower house of parliament) of the United Kingdom on 17

Decembor by 367 votes to 182 - a margin of 185 votes, larger than in 1988 when a similar motion was rejected. In Argentina a presidential initiative to reintro­ duce the death penalty for common crimes was withdrawn in the fa ce of opposi­ tion from legislators and other sectors of society. Despite these encouraging trends, the use of the death penalty continued else­ where. During 1990, 2,029 prisoners are known to have been executed in 26 countries and 2,005 people were sentenced to death in 54 countries. These figures include only cases known to Amnesty International: the true number is certainly higher. As in previous years, a very fe w countries accounted for the majority of executions recorded.

Refugees Amnesty International opposes the forcible return of any person to a country where he or she might reasonably be expected to be imprisoned as a prisoner of conscience, to "disappear" or to be tortured or executed. It seeks to ensure that states provide such people with effective and durable protection, which should normally include legal protection, from being sent against their will to a country where they risk any of these human rights violations, or to a third country where they will not be granted such protection. Amnesty International's work for asylum-seekers and refugees is based on international standards, such as the 1951 Convention relating to the Status of Refugees, which it encourages govern­ ments to ratify if they have not already done so. In order that people at risk may be afforded effective protection, Amnesty International seeks to ensure that refugee-determination procedures and the pro­ cedures fo llowed at airports and borders are adequate to identify asylum-seekers who would be at risk of human rights violations if sent against their will to the country they have fled or to a third country. It calls on all states to ensure that their procedures include certain minimum safeguards which are essential in helping to identifyand ensure the protection of such people. Amnesty International also works to ensure that no one seeking protection from human rights violations is obstructed from gaining access to a proper refugee-determination procedure. If a government restricts entry to its territory, for example by imposing a visa requirement or some similar restrictive measure, Amnesty International calls on the government to demonstrate that the measure does not obstruct asylum-seekers in need of protection from gaining access to that country's refugee-determination procedure. If the government cannot demonstrate this, Amnesty International opposes the restrictive measure. Where asylum-seekers or refugees are detained, Amnesty International calls on governments to demonstrate that such detention is lawful according to inter­ national standards: the detention must be for legitimate reasons and those detain­ ed must be provided with a prompt, fa ir, individual hearing of the legality of the detention before a judicial or similar authority. The organ ization opposes any prac­ tice of detaining asylum-seekers or refugees which does not fu lfil these standards. INTRODUCTION / AMNESTY INTERNATIONAL - A WORLDWIDE CAMPAIGN

A large part of Amnesty International's work on behalf of asylum-seekers and 9 refugees is done by the organization's sections in the countries where people seek protection. For example, during 1990 Amnesty International's Hong Kong and British sections had several meetings with officials in Hong Kong and the United Kingdom (UK), calling on these governments to implement the recommen­ dations set out in the organization's January 1990 Memorandum regarding the protection of Vietnamese asylum-seekers in Hong Kong (see entry on Hong Kong). Amnesty International's Finnish Section raised its concern with the Finnish Government about access to refugee-determination procedures, and in particular reports indicating that visa requirements were being applied in such a way that could obstruct Somali asylum-seekers travelling through the USSR from seeking protection in Finland (see entry on USSR). The British Section submitted to the UK Government over 30 detailed recom­ mendations arising from the organization's concerns about serious deficiencies in policy and practice in the UK which, in Amnesty International's view, put asylum-seekers at risk of being expelled to countries where they faced imprison­ ment, torture, "disappearance" or execution. For example, the section was con­ cerned about instances in which, on occasion, airport immigration officials had denied asylum-seekers access to the refugee-determination procedure in the UK; the section also expressed concern about the imposition of visa requirements, together with fines imposed on airlines carrying passengers without a valid visa, which had been shown to obstruct asylum-seekers from obtaining access to refugee-determination procedures in the UK. Members of Amnesty International's United States (us) Section raised with the US Government the organization's concern that for some years the pattern of acceptance and denial of asylum applications in the United States of America (USA) had consistently demonstrated a clear bias against granting asylum to people from certain countries where widespread and serious human rights abuses occurred, in particular asylum-seekers from El Salvador, Guatemala and Haiti. The section also expressed concern about the government's practice of interdiction at sea of Haitians attempting to reach the USA, which could obstruct asylum-seekers at risk of human rights abuses in Haiti from seeking protection in the USA. Throughout the year Amnesty International sections in member states of the European Community (EC) raised concerns with their governments, and with members of their national parliaments and the European Parliament, about pro­ posals contained in certain draft intergovernmental treaties under discussion among EC member states, and the implications of these proposed measures for the protection of asylum-seekers (see IntroductionIWork with Intergovernmental Organizations). These are just a few examples of the substantial work done during 1990 on behalf of asylum-seekers and refugees by Amnesty International's sections; such work is not reflected in the country entries in this report, which cover only the activities of the International Secretariat. INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

10 WORK WITH INTERNATIONAL ORGANIZATIONS

The United Nations (UN) There were some encouraging advances in the development of new international standards for the protection of human rights during the year, in particular the adoption by the Eighth UN Crime Congress of new standards imposing strict limi­ tations on the permissible use of fo rce and firearms by law enforcement officials. However, in some areas the UN did not take adequate measures to ensure full implementation of the existing norms and standards established by its member ' states. This was particularly evident in the UN S response to serious human rights violations in certain countries, about which some member states continued to be reluctant to take firm action except in the context of other political developments which attract international censure. The most striking example of this during 1990 was the case of Iraq, in respect of which a pattern of grave and widespread ' human rights violations has been repeatedly drawn to the UN S attention by Amnesty International in recent years. Once again no action was taken on a draft decision on Iraq at the 46th session of the UN Commission on Human Rights ("th Commission") in February. However, with international attention focused on Iraq fo llowing its invasion of Kuwait on 2 August, its human rights record did then come under greater scrut­ iny. Following this the UN Sub-Comm ission on Prevention of Discrimination and Protection of Minorities ("the Sub-Commission") adopted a resolution on Iraq at its 42nd session in August calling on the Commission to take stronger action at its 1991 session to investigate the human rights situation there. Later in the year, on 18 D cember, the U General Assembly adopted Resolution 45/170 condemn­ ing human rights violations by the Iraqi authorities in occupied Kuwait. It called on Iraq to adhere to principles of international law and asked the Commission to consider the human rights situation in occupi d Kuwait at its next session. Amnesty International had continued to raise its concerns about human rights violations by the Iraqi Government during all these discussions in different UN bodies. In addition, in December the organization made available its report on human rights violations by Iraqi forces in occupied Kuwait to the UN Security Council which had, in its Resolution 674(1990), invited all states to collate information on such violations and make it available to the Security Council. The Commission's fa ilure in February to take action on a decision concerning Iraq was all the more disappointing since the text was very moderate; it simply attempted to formaliz within the U fra mework Iraq's previous invitation to Sub-Commission members to visit the country. The Commission also fa iled, by two votes, to take action on a draft resolution on another serious human rights situation - that of China - notwithstanding a report of the UN Secretary-General. which included information submitted by Amnesty International, prepared pur­ suant to a resolution adopted by the Sub-Commission in 1989 (see Amnesty International Report 1990, Introduction/Work with International Organizations). The Commission did, however, take a firmer position in respect of two other INTRODUCTION /WORK WITH INTERNATIONAL ORGANIZATIONS

countries. It decided to maintain the Special Rapporteur on Romania appointed 11 in 1989, despite the overthrow of the fo rmer government. The Romanian Government raised no objections to an extension of the Special Rapporteur's mandate and indicated its willingness to continue to cooperate with him. The Commission also took note of the serious deterioration in the human rights situa­ tion in Haiti. It decided to appoint an independent expert to examine the situation in Haiti and to consider his report at its next session under item 12, which deals with violations in particular countries, rather than under the advisory services program. The Commission also recognized the serious violations occurring in Guatemala, another country being considered under advisory services: it reques­ ted the Secretary-General to appoint an independent expert to examine the human rights situation there, although it left open the question of the agenda item under which the report would be considered. Amnesty International, which had been urging the Commission for some time not to allow advisory services to be used as a means of avoiding scrutiny of serious human rights situations, sub­ mitted a written statement to the Commission describing the escalation of human rights violations in Guatemala. In respect of Chile, another country which had been on the Commission's agenda for many years, the Commission decided to terminate the mandate of its Special Rapporteur in view of the election of a civil­ ian government due to take office in March 1990. Although this was perhaps a rather premature move at an important time of transition in a new democracy, the Commission did request the Chilean government-elect to report to a special meeting at its 1991 session on the government's fo llow-up to recommendations adopted by the UN in respect of Chile. The Commission again adopted resolutions under item 12 on a number of other countries already under consideration - Afghanistan, Albania, Cuba, El Salvador, Iran, the Israeli-Occupied Territories and South Africa. Amnesty International made an oral statement to the Commission drawing attention to the fa ilure of governments to stop the practice of extrajudicial executions and cited examples from Chad, China, Colombia, Iraq, Peru and Sri Lanka. In another oral statement, the organization emphasized the importance of international meas­ ures to prevent torture, referring to continuing reports of torture from Brazil, Mauritania, Myanmar (Burma), Papua New Guinea, Syria and Turkey. Amnesty International also submitted written statements on Iran, Israel and the Occupied Territories and Myanmar, as well as on Guatemala. There was considerable discussion at the Commission about ways to make its work more effective fo llowing the General Assembly'S Resolution 44/167 in 1989, recommending that the Economic and Social Council (ECOSOC) should take the necessary steps at its 1990 session to expand the membership of the Commission on the basis of equitable geographical distribution. Some of the methods discussed could reduce the Commission's effectiveness in dealing with serious violations of human rights, but no final conclusions on this were adopted. On 25 May ECOSOC adopted a resolution deciding to enlarge the Commission by 10 seats, to be allocated among the regional groups of Africa, INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

12 Asia and Latin America and the Caribbean. This will bring its membership to 53, effective from 1992. The resolution also authorized the Commission to meet exceptionally between its regular sessions if a majority of its members agrees, and recommended that the mandates of its "theme mechanisms" - including those on torture, "disappearances" and summary or arbitrary executions - be increased from two to three years. As noted above, at its 42nd session in August the Sub-Commission took stronger action on Iraq. The resolution adopted expressed concern about the human rights situation there and called on the Commission to consider appoint­ ing a Special Rapporteur. In addition, the Sub-Commission again adopted resol­ utions on East Timor, El Salvador, Guatemala, Iran, Israel and the Occupied Territories and South Africa. With the exception of El Salvador, Guatemala and South Africa, which were adopted by consensus, these country resolutions were adopted by a secret ballot vote. This is an exceptional measure to which the Sub­ Commission also resorted in 1989; at the 1990 session it decided to request the Commission to recommend to ECOSOC an amendment to the rules of procedure to allow for secret ballot voting in the Sub-Commission as a matter of course when resolutions concerning violations in individual countries are under consideration.

There was also progress on an important standard-setting exercise in the UN when the Sub-Commission approved at its August session the text of the draft Declaration on the Protection of All Persons fr om Enforced or Involuntary Disappearance (see Amnesty International Report 1990, Introduction/Work with International Organizations). The draft Declaration was transmitted to the Commission with the recommendation that it be approved and eventually sent on to the General Assembly for adoption. In addition, further progress was made at the Sub-Commission on a number of issues of interest to Amnesty International. The Special Rapporteur completed his study of administrative detention; his recommendations were endorsed by the Sub-Commission, which transmitted his various proposals for the establish­ ment of a new "theme mechanism" on detention to the Commission for a deci­ sion at its 1991 session. Amnesty International made an oral statement on its concerns regarding the practice of administrative detention, citing examples from Chad, China, Egypt, Ethiopia, Ghana, India, Israel and the Occupied Territories, Mauritania, South Africa and Sri Lanka. A preliminary report was presented by the two Special Rapporteurs of the Sub-Commission studying free­ dom of opinion and expression. In another of its oral statements Amnesty International had highlighted the plight of prisoners of conscience, giving exam­ ples from China, Cuba, Iraq, Malawi, Sudan, Syria, Turkey and Viet Nam. It also named the following 11 countries where such prisoners were being held: Albania, Cameroon, Indonesia, Iran, Israel and the Occupied Territories, Kenya, the Republic of Korea, Morocco, Myanmar, Tunisia and Yugoslavia. The Sub­ Commission also requested the Commission (and ECOSOC) to approve its decision to appoint a Special Rapporteur on the independence of the judiciary, who would study measures to strengthen the legal profession and investigate INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

violations in this area. The Sub-Commission's Working Group on Detention 13 decided to continue its discu sion of the death penalty, parti ularly its imposi­ tion on juveniles, at its next session. Amnesty International made a statement to the Working Group on the imposition of the death penalty on offenders under the age of 18 years, giving examples from Iran, Nigeria and the USA. It noted the raising of the minimum age for execution in Barbados and the reintroduction of the death penalty for juveniles under 18 and over 16 in St Vi ncent and the Grenadines. The Working Group also decided to examine the question of the right to habeas corpus as a non-derogable right which would complement another on-going Sub-Commission study on fa ir trial. As at the Commission, there was considerable discussion in the Sub-Commission about methods and organization of work, but no final decisions were taken. The Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders was held in Havana, Cuba, from 27 August to 7 September. The UN Crime Congresses, which are convened by and report to the General Assembly, are held every five years and are responsible for reviewing and setting the UN'S crime prevention and criminal justice program. The Eighth UN Crime Congress. the theme of which was "international cooperation in crime prevention and criminal justice for the twenty-first century". was one of the largest. attended by delegates from 127 countries as well as representatives from intergovernmental and non-governmental organizations (NGOS). and 350 experts. The Congress adopted 46 resolutions. all by consensus. including four new human rights stan­ dards described below. These represent an important contribution to the growing body of international instruments for the protection of human rights. The only resolution which was not adopted concerned the death penalty. calling on states which retain this punishment to consider imposing a three-year moratorium on its use in order to permit a study of the effects of abolition. The resolution failed to secure the required two-thirds majority for adoption. although 48 votes were cast in fa vour of it with 29 against and 16 abstentions. One of the most important new standards adopted by the Eighth UN Crime Congress in the field of human rights protection was the Basic Principles on the Use of Force and Firearms by Law Enforcement Offi cials (see Appendix IX). This imposes strict restraints on the permissible use of force and firearmsand requires governments to introduce regulations governing the use of force and firearms as well as proper reporting procedures and measures to punish arbitrary or abusive use of fo rce or firearms. Another important instrument adopted by the Eighth Congress was the Basic Principles on the Role of Lawyers (see Appendix X). This instrument contains measures both to guarantee the basic right of access of indi­ viduals to legal assistance and to protect lawyers from interference or intimida­ tion in the carrying out of their professional duties. In addition to these two instruments. the Congress agreed the text of a new set of UN Rules fo r the Pro­ tection of Juveniles Deprived of Th eir Liberty. which was subsequently adopted by the General Assembly in Resolution 45/113 of 14 December 1990. It also adopted Guidelines fo r the Role of Prosecutors, which includes provisions requiring prosecutors to give due attention to the prosecution of grave human INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

14 rights violations, and requires them to refuse to use evidence which they know or believe to have been obtained by unlawful means, such as torture. The General Assembly at its 45th session adopted Resolution 45/121 of 14 December welcoming the new instruments and resolutions adopted by the Eighth Congress and inviting governments to be guided by them in the form ula­ tion of appropriate legislation and practice and to make efforts to ensure their implementation.

Amnesty International attended the Eighth UN Crime Congress and distributed a paper setting out its recommendations to the participants. During the Congress the organization also held an ancillary meeting on "Worldwide Moves To Abolish the Death Penalty" with the participation of three distinguished guest speakers: Justice P.N. Bhagwati, former Chief Justice of the Supreme Court of India; Professor Sofia Kelina, Deputy Director of the Institute of State and Law, Academy of Sciences of the USSR; and Doctor Carimo Issa, a judge and adviser to the Minister of Justice of Mozambique. There was some progress during the year in respect of ratifications of interna­ tional human rights treaties (see Appendix VI). Four countries ratified or acceded to the International Covenant on Civil and Political Rights (rccPR) and the International Covenant on Economic, Social and Cultural Rights - Burundi, the Republic of Korea, Malta and Somalia - bringing the total number of ratifications of these instruments as of 31 December to 92 and 97 respectively. The Republic of Korea, Malta and Somalia also became Party to the first Optional Protocol to the ICCPR, bringing the total number of ratifications to 51. In addition, Yugoslavia signed the Optional Protocol. The first ratifications of the Second Optional protocol to the ICCPR Aiming at the Abolition of the Death Penalty took place dur­ ing the year (see Amnesty In ternational Report 1990, Introduction/Work with International Organizations and Appendix IX): Australia, the (former) German Democratic Republic, New Zealand, Portugal and Sweden became Party to it. A further 15 countries signed this Protocol - Belgium, Costa Rica, Denmark, the Federal Republic of Germany, Finland, Honduras, Italy, Luxembourg, Netherlands, Nicaragua, Norway, Romania, Spain, Uruguay and Venezuela. Seven countries ratified or acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - the Federal Republic of Germany, Guatemala, Liechtenstein, Malta, Paraguay, Romania and Somalia - bringing the total number of States Parties to this treaty to 55.

The Convention on the Rights of the Child, adopted by the UN in 1989, came into fo rce on 2 September 1990 following receipt of the requisite 20 ratifications (see Amnesty In ternational Report 1990, Appendix XI). By the end of the year there were 63 States Parties to this Convention and a further 69 states had signed

it. A World Summit for Children, convened at UN headquarters in New York on 29 to 30 September, was attended by some 72 heads of state or gover nment. Amnesty International's Secretary General attended and the organization issued a press release and an external document drawing attention to its concerns about the continuing serious abuses to which children are subject in several countries, noting in particular Albania, Argentina, Bolivia, Brazil, Chad, China, El Salvador, INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

Guatemala, Iraq, Israel and the Occupied Territories, Mauritania, Myanmar, 15 Nigeria, Peru, the Philippines, South Africa, Sri Lanka, Turkey and the USA. Amnesty International continued throughout the year to submit information about violations of human rights in a wide range of countries to the various mechanisms and procedures established by the UN. The organization submitted to the UN procedure established by ECOSOC Resolutions 728F and 1503 inform­ ation on six countries: Chad, Colombia, Myanmar, Peru, Somalia and Turkey. Resolution 728F authorizes the UN to receive communications about human rights violations and to bring them to the attention of the government concerned. Under Resolution 1503 the UN examines communications in confidential pro­ ceedings to determine whether there is evidence of a "consistent pattern of gross violations of human rights" in a country. During 1990 Amnesty International brought to the attention of the UN Working Group on Enforced or Involuntary Disappearances information on cases from 19 countries including Colombia, El Salvador, Guatemala, Peru. the Philippines and Sri Lanka. It submitted to the Special Rapporteur on summary or arbitrary execu­ tions information on cases of possible or threatened extrajudicial execution from 32 countries including China, Colombia, El Salvador, Guatemala, Iraq, Israel and the Occupied Territories, Peru, Somalia and Sri Lanka. Cases of death sentences imposed in apparent violation of international minimum standards were submit­ ted to this Special Rapporteur from 18 countries including Burkina Faso, India, Iran, Sudan and the USA. Information about cases of torture from 47 countries was submitted to the Special Rapporteur on torture; these included Chad, China, Egypt, Iraq, Kenya, Myanmar, Peru, Sudan and Turkey. The organization also submitted information about Turkey to the Committee against Torture, the moni­ toring body established under the Convention against Torture, for its considera­ tion under Article 20 of that Convention. Under Article 20 the Committee may initiate an inquiry into the systematic practice of torture in a State Party. Submissions were made to the Special Rapporteur on religious intolerance con­ cerning 14 countries, including China, Egypt and Greece. Amnesty International continued to submit relevant information to the UN Special Rapporteurs and Representatives on Afghanistan, El Salvador, Iran and Romania and to the Experts on Equatorial Guinea, Guatemala and Haiti. Information was also submitted to the Special Committee to investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories and to the Ad Hoc Working Group of Experts on southern Africa. Amnesty International made a statement on East Timor to the UN Special Committee on Decolonization in August and submitted a statement to the UN Special Committee against Apartheid in October on the occasion of the UN Day of Solidarity with Political Prisoners in Southern Africa.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) Amnesty International continued to submit information to the Committee on Conventions and Recommendations of UNESCO, which examines human rights ' violations against writers, teachers and others within UNESCO S mandate. INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

16 Amnesty International brought to the Committee's attention new cases from China (Tibet), Egypt, Iran, Myanmar, Peru and Yugoslavia. The organization also attended in June the 22nd Conference of International Non-Governmental Organizations in Consultative Relationship with UNESCO.

The International Labour Organization (ILO) As in past years, Amnesty International attended the International Labour Conference of the ILD in Geneva in June. It followed the proceedings of the Committee on the Application of Conventions and Recommendations, which forms part of the lLD'S supervisory mechanism for the implementation of its con­ ventions. Amnesty International raised its concerns about human rights viol­ ations relevant to the Committee's work in Brazil, Colombia and Peru, all of which were taken up by the Committee, and in the Philippines and Sri Lanka. Amnesty International also submitted information to the ILD Commission of Inquiry on Romania.

The Organization of American States (OAS) Chile ratified the American Convention on Human Rights and Paraguay ratified the Inter-American Convention to Prevent and Punish Torture, bringing the total numbers of ratifications of these instruments to 22 and eight respectively (see Appendix VII). Amnesty International continued its practice of submitting to the Inter-American Commission on Human Rights (IACHR) information relating to its concerns in member states of the OAS, including El Salvador, Guatemala, Peru and Colombia. In June Amnesty International again attended the General Assembly of the OAS as a "special guest". Prior to the session the organization sent a letter to all member states expressing grave concern about the noticeable increase in recent years in attacks suffered by human rights defenders in various countries in the region. Amnesty International referred to the inefficacy or non-existence of investigations into these violations in countries such as Brazil, Colombia, El Salvador, Guatemala, Honduras and Peru, and called on the General Assembly to address these concerns and to promote preventive measures. An important human rights development in the OAS was the adoption by the General Assembly on 8 June of a Protocol to the American Convention on Human Rights to Abolish the Death Penalty (see Appendix XI). By the end of the year five states had signed the Protocol - Ecuador, Nicaragua, Panama, Uruguay and Venezuela - but none had ratified it. Regrettably the General Assembly did not consider at its 1990 session the draft convention on "disappearances", post­ poning its consideration until the next session. The activities of the Inter-American Court of Human Rights substantially increased during the year with the submission to it by the IACIIR of a further three "contentious" cases, one against Peru and two against Suriname. So far the Court has only ever ruled on two "contentious" cases, both against Honduras (see Amnesty International Report 1990, Introduction/Work with International Organizations). The Court began its consideration of the case against Peru, INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

continued its practice of handing down advisory opinions and adopted an inter- 17 pretative judgment on one of its previous decisions. In addition, at the request of the IACI IR, the Court adopted provisional measures for the protection of witnesses in a case which the IACHR is examining, also concerning Peru.

The Organization of African Unity (OAU) Forty member states of the OAU were parties to the African Charter on Human and Peoples' Rights by the end of 1990 after ratifications by Malawi and Mozambique became effective during the year (see Appendix VII). The African Commission - a body of 11 experts established under the Charter to monitor its implementation - met in two regular sessions in April and October at its head­ quarters in Banjul. the Gambia. Amnesty International, which has observer status at the African Commission, attended part of the second session and made a state­ ment. The organization also submitted its first communication under Article 55 of the African Charter concerning human rights violations in Sudan since the 30 June 1989 military coup. In December Amnesty International attended a seminar in Dakar, Senegal, on the fu ture of the Commission and possible amendment of the Charter.

The Council of Europe On 6 November Hungary became the 24th member state of the Council of Europe, the first Warsaw Pact country to join this organization. On its admission, Hungary signed the European Convention on Human Rights and its Protocol No. 6 concerning abolition of the death penalty. Finland ratified this Convention in May together with its Prot ocol No. 6 and Liechtenstein also ratified Protocol No. 6 in November, bringing to 16 the number of States Parties to this Protocol (see Appendix VII). In November the Committee of Ministers adopted the text of the Ninth Protocol to the European Convention. This will permit individuals who have submitted a petition to the European Commission of Human Rights to refer their case to the European Court of Human Rights, fo llowing the Commission's deter­ mination of the case. At present only the Commission or one of the States Parties involved in the case may do this. Five countries ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - the Federal Republic of Germany, Finland, Iceland, Portugal and San Marino - bringing the number of ratifications of this treaty to 20 (see Appendix VII). The European Committee for the Prevention of Torture set up under this treaty began its work and Amnesty International began regular submissions to it of relevant information. The Committee carried out its regular periodic visits during the year to Austria, Denmark, Malta and the llK and undertook one ad hoc visit to Turkey. Amnesty International continued to attend as an observer the biannual meet­ ings of the Council of Europe's Steering Committee for Human Rights. In October Amnesty International's Secretary General addressed the Committee as its guest speaker. Amnesty International also attended in January a hearing on Turkey INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

18 organized by the Parliamentary Assembly's Committee on Legal Affairs and Human Rights, and continued to submit relevant information to it and to the par­ liamentary Committee on Migration, Refugees and Demography which it attends as an observer.

The European Community (EC) During 1990 Amnesty International submitted its concerns on a wide range of countries to the governments of the EC acting within the framework of European Political Cooperation (EPC) , to members of the European Parliament and to the EC Commission. EC member states, meeting in the framework of EPC, adopted joint declarations on the human rights situation in several countries, including China, El Salvador, Iraq/Kuwait, Israel and the Occupied Territories, Myanmar, Nigeria, Somalia, South Africa and Sri Lanka. The European Parliament adopted resolutions con­ cerning human rights in various countries, including Brazil, China, Colombia, Cuba, El Salvador, Guatemala, Iran, Iraq/Kuwait, Israel and the Occupied Territories, Morocco, Myanmar, Niger, the Philippines, Somalia, Sri Lanka, Sudan, Syria and Yugoslavia. It also appointed a rapporteur to prepare a report on the use of the death penalty in the world and condemned executions in Indonesia, Iraq and the USA. In April the European Parliament held a public hear­ ing on the human rights situation in Tibet. Amnesty International submitted information about its concerns in Turkey to the EEC-Turkey Joint Parliamentary Committee; these concerns were raised by members of this Committee during its on-going discussions about Turkey's human rights record. EC governments and the Joint Parliamentary Assembly composed of represen­ tatives from the EC countries and 68 African, Caribbean and Pacific (ACP) states began discussions on the implementation of strengthened provisions on the protection of human rights incorporated in the Fourth ACP-EEC Convention on cooperation and aid (Lome IV). The Convention was signed in December 1989 but was not in force by the end of 1990. In a resolution adopted in September, the ACP-EEC Joint Parliamentary Assembly called for a three-year moratorium on the application of the death penalty in retentionist states. During discussions on draft intergovernmental treaties related to harmoniza­ tion of asylum and immigration policies in EC countries, Amnesty International raised its concerns with the EC governments, the EC Commission, members of national parliaments and the European Parliament about the implications of these instruments for the protection of refugees and asylum-seekers at risk of human rights violations. A Convention dealing with the state responsible for examining an asylum request was adopted in June but another draft Convention dealing with border controls remained under discussion at the end of the year. A separate agreement, part of which also dealt with border controls, was adopted and signed by the five members of the "Schengen Group" - Belgium, the Federal Republic of Germany, France, Luxembourg and the Netherlands - in June; Italy also signed this agreement in November. The European Parliament adopted two resolutions in March and June expressing concern at the lack of essential INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS safeguards in these texts to protect the rights of asylum-seekers and refugees and 19 the absence of sufficient public discussion and parliamentary consultation.

The Conference on Security and Cooperation in Europe (CSCE) The second session of the Conference on the Human Dimension of the CSCE was convened in Copenhagen from 5 to 29 June (see Amnesty In ternational Report 1990, Introduction/Work with International Organizations). Albania, the only European country which does not participate in the CSCE, expressed an interest in joining this body and attended the Copenhagen Conference as an observer. Amnesty International attended the Conference, fo llowing the liberalization of access for NGOS. Before the Conference the organization circulated its recommen­ dations to all participating states. A detailed concluding document was adopted reaffirming the commitment of participating states to ensure full respect for human rights with particular reference to democracy, the rule of law, minorities, the rights to freedom of conscience, expression, assembly and association and conscientious objection. It was also agreed to keep the death penalty under review and to strengthen the mechanism established in 1989 to monitor com­ pliance with the CSCE human rights agreements. A summit meeting of CSCE heads of state and government was held in Paris in November, which Amnesty International and other NGOs attended as observers. The Charter of Paris for a New Europe was signed covering the full scope of issues dealt with by the CSCE, including human rights. The Charter also established a more fo rmal structure for the CSCE, with a secretariat based in Prague, biennial Follow-Up Meetings, annual meetings of a Council composed of Foreign Ministers, a parliamentary assembly and provision for ad hoc emergency meetings.

Commonwealth At the last biennial Commonwealth Heads of Government Meeting (CHOGM) in 1989 it was decided to establish two groups to study Commonwealth policy: a governmental Working Group of Experts on Human Rights and a High Level Appraisal Group on the Future of the Commonwealth in the 1990s and Beyond. The High Level Group consists of 10 states: Australia, the Bahamas, Canada, India, Jamaica, Malaysia, Nigeria, Singapore, the United Kingdom and Zambia. The Working Group of Experts presented its report in August, which recom­ mended ways in which the Commonwealth could strengthen its promotion of human rights, particularly in the field of education and in encouraging ratification of human rights treaties. Amnesty International prepared a paper setting out ways in which the Commonwealth could strengthen its protection and promotion of human rights in its member countries, and this was brought to the attention of all member countries and the Commonwealth Parliamentary Association at its meeting in September. Amnesty International also met the new Secretary-General of the Commonwealth, Chief Emeka Anyaoku, in November to discuss its proposals. !i .. INTRODUCTION / WORK WITH INTERNATIONAL ORGANIZATIONS

20 Inter-Parliamentary Union (IPu) The Inter-Parliamentary Union (IPU). a non-governmental organization composed of members of parliament from 111 countries. maintains a special committee to investigate the reported violations of the human rights of members of parliament. During 1990 Amnesty International sent the committee information on the situa­ tion of members or fo rmer members of parliament in Colombia. Indonesia. Nepal and Sudan. Amnesty International delegations observed the April session of the Inter-Parliamentary Conference in Nicosia. Cyprus. and the October session in Punta del Este. Uruguay. PHOTOEXHIBmON

21 PHOTO EXHIBITION: 1991 CAMPAIGN

No More Excuses!

Amnesty International was founded in 1961. For 30 years its voice has ZAHRA' A L -NASSE been raised for victims of human rights violations: for prisoners of con­ science; for victims of torture and unfair trials; fo r those facing execu­ tion; for the "disappeared". These 30 years have seen a growing human rights movement worldwide. But the violations continue. In 1991 Amnesty International is launching a campaign to highlight the continuing abuses. Its message to all governments is "No More Excuses!" Thirty posters are to be exhibited around the world. The cases illustrate and symbolize the horrors caused by human rights violations. They stand as examples of the hundreds of thou­ Died in custody, apparently as a result of torture, sands of other victims whose tragic after border police detained her for having a Shi'a stories are never heard. prayer book

NAHAMAN CARMONA ARCHANA GUHA

INDIA Kicked to death by police officers Leftparalysed after27 days of torture PHOTO EXHIBITION

22

Under house arrest because of ber Jailed for over 10 years because of Six years' imprisonment for writing non-violent political beliefs his ethnic origin opinions in his diary

ANGOLA Jailed since 1981 for advocating "Disappeared" in detention after a Executed for her non-violent politi- democracy coup attempt in 1977 cal activities

Refused asylum and forcibly re- Jailed for 20 years for peacefully "Disappeared" in July 1990 while turned to Sri Lanka, despite the risk advocating independence for a campaigning for the human rights of torture province of Indonesia of others PHOTO EXHIBmON

23

Sentenced to 30 years in jaH for his peaceful political views

in 1988 during his fourth detention in 10 years

"Disappeared" with a colleague Killed at the age of 12 by JaHed for refusing to perform while working for a community government troops because of the military service on account of his i organization colour of his skin religious beliefs .. PHOTO EXHIBITION

24

Jailed for struggling for the human Tells of being beaten during inter· A poet who has spent half his life rights of others rogation and deprived of sleep in jail for his political verses

Jailed for refusing to perform miJi· Executed despite a history of men· One of 10 trade unionists killed in tary service on account of his reli· tal illness and being a juvenile at a bomb attack on their union head· gious beliefs the time of his crime quarters

i ... I i

� "Disappeared" after leading a cam· Serving 11 years in prison for Facing death by firing·squad paign publicizing alleged electoral protesting about the abuse of emer· though only 14 at the time of the itI fraud gency powers crime COUNTRY ENTRIES

AFGHANISTAN

alleged member of the National Unity 27 Party (Nur), which had sponsored the AFGHANISTAN establishment of democracy in Afghanistan through peaceful means. were released in the first half of 1990. They had been brought to trial before the Special Court of National S curity in 1989. The nature of the charges was not made public. but at least two of those who were released had been convicted: Mohammad Mohsen Formoly. a university professor, received a six-year sentence and Dr Abdul Jalil was sentenced to two years' imprisonment. Those tried had been among dozens of Nur supporters arrested in June 1989, the rest of whom were believed to have been released earlier. No new information was received about Amin Yusufzai. a possible prisoner of con­ Hundreds of government opponents were science reportedly arrested in 1986 (see believed to be imprisoned, including pris­ Amnesty Tnternational Report 1990). The oners of conscience, and hundreds of government did. however. confirm the con­ people were said to have been extrajudi­ tinuing imprisonment of two media work­ cially executed following an attempted ers. Seyed Abdul Samad and Mohammad coup. New information was receivedabout Nazar. It said they had been sentenced for the torture and ill-treatment of prisoners "the crime of participation and cooperation in previous years. At least five people in [thel espionage activities of Alain were sentenced to death and six people Guillo". a French journalist (see Amnesty executed. Armed opposition groups also International RepOlts 1989 and 1990) and held many hundreds of prisoners and eva ion of military service. Both appeared were responsible for torture and killings. to be prisoner of conscience. President Najibullah's government The government also responded in June retained control of the capital. Kabul. and to inquiries about Dr Mohammad Younis other main cities but continued to face Akbari. a nuclear physicist sentenced to armed opposition from a variety of groups death in 1984 (see Amnesty International - the Mujahideen - which effectively con­ Report 1985). stating that he had been trolled one provincial capital and many executed. The date of execution was not rural areas. The continuing conflict made it given. No new information was forth­ difficult to obtain accurate and objective coming about prisoners who report edly information about human rights. "disappeared" in previous years. In March the government of President New information about torture was Najibullah survived an attempted coup led received from former prisoners. One. who by the then Defence Minister, Shahnawaz was reportedly arrested and tried in 1983. Tanai. who subsequently fled to Pakistan alleged that he had been tortured with elec­ and formed an alliance with the Hezb-e tric shocks. beaten and had his teeth Islami Mujahideen group led by Gulbuddin broken, and had been forced to sign a state­ Hekmatyar. Dozens of people were said to ment saying that he had spied for the have been extrajudicially executed follow­ Mujahideen while visiting Pakistan. ing the coup attempt. and hundreds arres­ At least five people were sentenced to ted. In April Kabul Radio said 623 people death in January. including two reportedly had been held. but it was not known how aged under 18. In October President many had been brought to trial by the end Najibullah was reported to have commuted of the year. The government. in response to 58 death sentences. However, in the same an intervention by Amnesty International. month Kabul Radio announced that six said that th ir cases would be "examined people had been executed after they had in strict compliance with both national been sentenced to death by a spc ial court legislation and international instruments". of national security on charges of murder. At least four but possibly many more robbery and disruption of public order. I AFGHANISTAN/ALBANIA 28 In November the government told al 0 inquir d about p ople arrested fo llow­ Amne ty International that Seyed Hamza, ing the March coup attempt, urging full an alleged member of !a miat-e-Is!ami respect for th ir human rights, and about Mujahideen group, had been sentenced to prisoners reportedly arrested in previous death in 1988 for violent political offences. years. The authorities responded on several It added that the sentence had b en cases. Amnesty International also called for referred to President Najibullah for the commutation of all death sentences. approval but that no decision on the case had yet been announced. Mujahideen forces reportedly detained, ill-treated and killed people in areas they ALBANIA effectively controlled if they suspe ted them of links with the government or rival Mujahideen groups. One case reported in 1990 was that of Haji Anaat Khan, a supporter of the fo rmer king, Zahir Shah, who was detained together with his assistant in November 1989 while trav­ elling through territory controlled by the Hezb-e-Is!ami (Hekmatyar) Mujahideen group. They were forcibly taken over the border to Pakistan and the assistant was reportedly tortured before both were released after eight days. At least 1,500 prisoners were believed to be held by the various Mujahideen group inside Afghanistan with others said to be held in Pakistan. Several abductions from Pakistan According to official sources nearly 200 were also attributed by some sources to the political prisoners were pardoned and Mujahideen. The fate of two people who released between June and December, and were abducted in 1989 remained unclear at several dozen others were released early th end of 1990. Abdul Fatah Wadoud, an on parole. At least 600 others remained in Afghan working for the World Food Pro­ detention, induding people imprisoned gramme in Peshawar. was reportedly during the year. The majority were pris­ abducted by Hezb-e-Is!ami (Hekmatyar); oners of conscience detained fo r attempt­ and John Tarzwell, a Canadian relief ing to exercise their rights to freedom of worker, was abducted by an unidentified movement and freedom of expression. In Mujahideen group. most cases they had been denied legal The Mujahideen al 0 carried out execu­ assistance before and during trial. It was tions. Four Hezb-e-ls!ami (Hekmatyar) sup­ alleged that police and investigators had porters were reportedly hanged in public at beaten and otherwise ill-treated suspects Taloqan in January by members of following arrest in order to obtain confes­ the !amiat-e-Is!ami group under Ahmad sions. Prison conditions were harsh. It Shah Masood's command. They were was alleged that border guards shot with­ apparently tried and sentenced under out warning scores of people attempting to Islamic law in connection with killings leave the country. The authorities stated '"in 1989. Two other hangings by Mujahi­ that some three or four death sentences � ... deen forces were reported at Spinboldak are imposed every year, but owing to in 0 tober. official censorship no details of death sen­ Amnesty International expressed con­ tences or executions carried out in 1990 cern to the government about the contin­ were available. ued imprisonment of NUl'members and, in In January anti-government demonstra­ response, was informed in May that three tions took place in Tirana and Shkodcr, of those arrested had been relea cd by followed by reports of unrest in other February under a decree issued by Presi­ towns. On 2 July there were further anti­ dent Najibullah. The authorities did not, government demon trations in Tirana, and however, clarify how many NUl' supporters several groups of people entered foreign were being held. Amnesty International embassies. Clashes occurred when s curity ALBANIA forces tried to prevent others from fo llow­ Petro Mishtari and I1ir Seran were sen­ 29 ing them. However, that night and in the tenced by the district court of Tirana to next few days almost 5,000 people took between two and three years' imprison­ refuge in foreign embassies. In mid-July ment and up to fiveyears' internal exile for they were allowed to leave the country. In attempted "illegal border-crossing". The December the authorities decided to legal­ fo ur men had been arrested near the town ize opposition parties after mass peaceful of Librazhd while attempting to cross into demonstrations by students in Tirana, and Yugoslavia. Another member of the group, the first two opposition parties were Kujtim Xhaja, was shot and killed by bor­ founded. Anti-government rioting broke der guards. In July Christos Mertyris, a out in Shkoder and other towns between m mber of Albania's Greek minority. was 12 and 14 December and some 150 people sentenced to two years' imprisonment for were arrested. "illegal border-crossing" by the district In May and June the People's Assembly court of Gjirokaster. adopted legal reforms which softened Changes were also made to Article 55 of some of the harshest restrictions on the the criminal code which prohibits "anti­ rights to freedom of expression, conscience state agitation and propaganda". In May and movement. Other changes restored the maximum sentence for this offence legal status to lawyers (lost in 1967) and was reduced from 25 years' imprisonment reintroduced provision for early release or death to 10 years' imprisonment. This on parole. In June Albania was granted change was not retroactive except in the observer status with the Conf erence on case of people convicted of "religious pro­ Security and Cooperation in Europe (CSCE) paganda", who became eligible for release. and in September sought full membership. Many prisoners of conscience who had Until 1990 the state severely restricted non-violently expressed political dissent travel abroad and few Albanian citizens, continued to serve long prison sentences. apart from official delegations and a limit­ Information came to light during the ed number of students, were permitted to year on the imprisonment of Petri! Ishmi. leave the country. In June a decree was Alfred Berisha and Xhulieta Cuka, typogra­ passed granting citizens the right to a pass­ phers from Tirana, who had been arrested port, but many poople continued to leave in March 1989 after they produced and the country without official permission. distributed a pamphlet calling for demon­ Among the changes introduced in May strations to protest at restrictions on fr e­ was the abolition of a law which had dam of speech and the press. In August defined attempts to leave the country with­ 1989 a military court in Tirana convicted out official permission as a fo rm of treason them under Article 55 and sentenced Petrit punishable by 10 to 25 years' imprison­ Ishmi to 20 years' imprisonment and five ment or death. Redefined as "illegal years' internal exile and Alfred Berisha to border-crossing", this offence b came pun­ 15 years' imprisonment. Xhulieta Cuka ishable by a maximum of five years' received a 13-year prison sentence but was imprisonment. This change was not released in November 1989 under the retroactive for people convicted before terms of a general pardon which included May and many prisoners of conscience almost all women prisoners. continued to serve sentences of up to 20 In April 1990 a fo rmer political pris­ years impo ed under the old law. oner, Ramiz Kaca, aged 78 and in poor Among them were Namik Ajazi, who health, was sentenced to five years' impris­ was sentenced to 20 years' imprisonment onment by Tirana district court for having in May 1988 by the district court of sent letters to the authorities protesting at Librazhd, later reduced to 13 years; Alek­ violence used by the police against people sander Rexhepi, sentenced to 13 years' who had taken part in peaceful demonstra­ imprisonment in April 1988 by the district tions in Tirana at the end of January. His court of Shkoder, apparently merely for trial was closed to the public and he was having spoken wiU1 friends about his wish not permitted legal assistance. His sen­ to leave the country; and Zeni Jonuzi, sen­ tence was reduced on appeal to thr ee tenced to 13 years' imprisonment in Octo­ years' imprisonment. In November he was ber 1988, also by the district court of pardoned and unconditionally released. Shkodcr. In June three men, Vasi! Dhimitri, Zeqir In early July Haxhi Sula, Agim Sula, Gollobani and Faruk Pico, were reportedly ALBANIA

30 tried in Tirana on charges of organizing the that they had heen tortured with electric 28 January demonstration. According to shocks. Peoplp who were arrested during some accounts they were sentenced to the demonstrations on 2 July in Tirana between 14 months and two years' impris­ described how they had been taken to onment, but these sentenC(1S could not be police headquarters and repeatedly inter­ confirmed. rogated and hPllten before heing released. The limited information available sug­ There were reports that many of those gested that most, perhaps all, prisoners of arrested in connection with the anti­ conscience imprisoned for their religious government riots in December had been heliefs had been released by the end of tortured. the year, including Father Ndoc Luli (sce In June Odysseas Prasos (see Amnesty Amnesty International Report 1985) who International Report 1990), who was was reportedly released in 1989. Restric­ reported to have died after being arrested tions on religion (which was banned in in October 1989 while attempting to leave 1967) were relaxed: in early November the country Without permission, arrived in President Ramiz Alia indicated that the Greece after he and two other members of constitutional ban on religious activities his family had been granted passports. He and propaganda would be abolished. On 4 confirmed, however, that he and his three Novemb r Roman Catholic worshippers in brothers had been severely beaten fo llow­ Shkoder attended a public mass for the ing their arrest near the Greek border and first time since 1967 and by the end of the afterwards at Sarandc police station, and year Greek Orthodox and Muslim services that they had been dragged through local had also been held in a number of places villages to be denounced and beaten as without official interference. "traitors". As a result of this ill-treatment The punishment of "administrative Odysseas Prasos was admitted to Tirana internment" - internal exile imposed by prison hospital fo r treatment. Yorgos Pra­ administrative order and without recourse sos alleged that he had been made to hang to courts - was abolished. This measure by his hands from the ceiling of a cell in had often been applied to families whose Sarande police station and that on one relatives had left the country without occasion electric shocks were adminis­ official permission, or to political dis­ tered to him. The fO Llr brothers were par­ senters. However, the available inform­ doned and released in November 1989. ation indicated that people already Former political prisoners reported administratively detained had not, as a harsh conditions of imprisonment, includ­ result of th change, been automatically ing poor fo od and inadequate medical allowed to return home. Internal exile con­ care. Those who had been held in correc­ tinued to xist as a form of supplementary tive labour camps in Spar; and Qafe e Barit, punishment imposed by courts and could where prisoners mine copper and pyrites, still be applied for up to two years as a complained that prisoners were obliged "preventive measure" against people who to achieve high work quotas in danger­ had not committed a criminal offence, but ous conditions with minimal industrial whose activities were judged to be "incom­ protection. patible with good conduct and social Several people were allegedly shot by morality". police while taking part in demonstrations The code of criminal procedure was in July in Tirana or while trying to enter changed in May to allow defendants the embassies; among those said to have been right of access to lawyers throughout killed were Edmond Hoti and Ramadan criminal proceedings. Lawyers' associa­ Zidri. There were also reports that border tions were established in November by the guards regularly shot without warning Ministry of Justice (itself re-established in people trying to leave the country. A May). refugee, Vasilis Mathios, reportedly alleged Former political prisoners alleged that that his son and three others were killed by fo llowing their arrest they had been tor­ border guards with bayonets on 13 Decem­ tured to force them to confess. They stated ber while trying to cross into Greece. How­ that they had b en brutally b aten, ever, in the last week of December border deprived of sleep and made to wear hand­ guards apparently did not fire on several cuffs which were deliberately tightened in thousand people, mainly members of the order to cause intense pain. S veral alleged Greek minority, who crossed into Greece. ALBANIA/ALGERIA

In May the number of offences punish­ allegations of torture and ill-treatment of 31 able by death was reduced from 34 to 11 prisoners. Seven people were sentenced and women were exempted from the death to death in absentia. penalty. Capital offences still included New legislation was introduced in embezzlement or theft of state property, as March under which those convicted of well as treason, espionage, terrorism and publishing information endangering state murder. According to official statements, security or national unity may be impris­ between 1980 and 1990 four death sen­ oned for up to 10 years. Penalties of up tences were imposed fo r political offences to three years' imprisonment may be im­ and three or four people were sentenced to posed for criticizing Islam or other re­ death every year for ordinary crimes. vealed religions. According to unofficial sources, the bodies By the end of the year over 30 new par­ of execution victims were sometimes pub­ ties had been registered under legislation licly exhibited. introduced in 1989. In June the Front In April Amnesty International wrote to islamique du salut (FIS), Islamic Salvation President Alia urging the abolition of the Front, gained the majority of votes cast in death penalty, and expressing the hope the country's first multi-party municipal that amendments to the criminal code elections. would ensure that Albanian citizens could enjoy without fear of punishment the non­ violent exercise of their human rights. The organization also called on the authorities to ratify the international covenants on human rights. In July Amnesty Interna­ tional asked the government for details of any charges brought against those held in connection with their attempts to leave the In July the government of President country. It called for an investigation into Chadli Benjedid announced an amnesty any killings of demonstrators or people for those tried and convicted by the for­ seeking refuge in foreign embassies and mer State Security Court (see Amnesty urged that security forces comply with the International Report 1990) and those found UN Code of Conduct for Law Enforcement guilty of political offences committed Officials. before the new constitution was introduced In December the organization called for in February 1989. The amnesty benefited constitutional changes which would pro­ those arrested in connection with the riots vide effective guarantees for basic human of October 1988 (see Amnesty International rights. It also expressed concern about the Report 1989) who had been freed on liberte continued detention of prisoners of con­ provisoire, provisional liberty, as well as science; allegations of torture and ill-treat­ members of the security forces accused of ment and poor prison conditions; and torturing detainees during the riots. A fur­ reports that people trying to leave the ther Act established rates of compensation country had been killed by border guards. for those who had been tortured during the In addition, it urged that those arrested in riots. connection with the riots in December be The Direction gem!rale pour la docu­ guaranteed legal safeguards, including ade­ mentation et la securite (OCDS), General quate time to prepare their defence: 26 of Office for Documentation and Security, a them had been sentenced to up to 20 years' security police force, was dissolved in imprisonment within one week of their September. It was widely criticized during arrest. the 1988 riots for its involvement in surveillance and repreSSion of government opponents. Fifteen political prisoners sentenced ALGERIA after an unfair trial in 1987 were released in July. Their sentences had been quashed Fifteen government opponents sentenced in 1989 but they had remained in prison after an unfair trial in 1987 were released pending a retrial. Those freed, some of in July. Some may have been prisoners whom may have been prisoners of con­ of conscience. There were renewed science, included Mansouri Milyani, ALGERWANGOLA

32 Abdelkader Chbouti and Mohamed A'mamrah, all of whom had originally been sentenced to death. The 15 had been ANGOLA tried before the State Security Court with more than 170 other supporters of radical Islamic groups on charges of plotting to overthrow the government, murder, sabo­ tage, armed robbery and m mbership of armed gangs (see Amnesty International Report 1988). They were the last of those tried to be released. Torture continued to be reported. About 60 prisoners who escaped from Blida prison in September, including untried members of Islamic groups accused of vio­ lent offences and convicted criminal pris­ oners, alleged that they were tortured after their recapture a few days later. They were said to have been beaten with plastic Hundreds of suspected government oppo­ hoses, electric wires, whips and thongs. nents were arrested. Many political pris­ They also alleged that they were tortured oners, possibly thousands, arrested in pre­ with a method known as rabha, where a vious years continued to be held without stick is tied to a rope binding the victim's trial, although the government announced feet and tightened so that it cuts into the the release of over 3,800. One prisoner flesh. They were then reportedly hung was reported to have died as a result of upside-down and beaten on the chest, back torture, and others were ill-treated. Two and head. The government ordered an people believed to have "disappeared" in inquiry, which confirmedthe allegations. 1977 emerged from hiding. At least one Further allegations of ill-treatment were death sentence was passed. The armed made by more than 20 people arrested in opposition Unioo Nacional para a lnde­ Tones in October. They were detained fol­ pen den cia Total de Angola (UNITA), lowing demonstrations and riots in the National Union for the Total Indepen­ town and were taken to Tones police head­ dence of Angola, held thousands of prison­ quarter , where they were allegedly kicked, ers. Both sides were alleged to have beaten and urinated on by police officers. forcibly conscripted civilians into their Five of the alleged victims, all of whom fo rces and to have deliberately killed reportedly faced criminal charges arising prisoners. from the riots, were aged under The government and UNrrA made some 18. The authorities denied that they were progress in talks to end the war, but did ill-treat d. not reach agreement by the end of 1990. Seven people were senten ed to death The conflict affected all parts of Angola in absentia after being convicted of carry­ and intensified in the northern provinces. ing out an armed attack in January on a Hundreds of civilians were killed. Cuban court in Blida. During the attack one gen­ troops assisting government forces contin­ darme and two of the assailants wer ued to withdraw in accordance with an killed. The seven were among those who international agreem nt (see Amnesty escaped from Blida Prison in September. International Report 1990). Hunger caused Amnesty International welcomed the by war and drought affected several mil­ releases of prisoners. It also expressed con­ lion people and many di d as a result. cern to the government about continued Legal reforms introduced included the reports of torture and sought information creation in April of a upreme People's about the outcome of relevant official Court, which President Jose Eduardo dos inquiries. Santos described as the first practical step towards establishing the independence of the judiciary. In 0 tober President dos Santos announced plans to introduce a multi-party political system. A committee began planning constitutional amendments ANGOLA which were to include increased protection as a result of torture. In February officials 33 of human rights. reported that Marcolino Nduvale Faustino, Few details about prisoners, both those a former UNrrA officer, had hanged himself held from previous years and those arres­ in Luanda's high security prison known as ted in 1990, were released by the govern­ Catete Road Prison. Various other sources, ment or UNrrA. Restrictions on freedom of however, suggested that he had died as a movement increased the difficulty of result of torture. Officials said he had sur­ obtaining information from areas affected rendered to the authorities in 1989 and was by conflict. then allowed to go free until early 1990 The majority of political prisoners were when he was arrested as a suspected UNrrA UNITA combatants or people suspected of spy. According to UNrrA sources, however, assisting UNITA. Others were members or he was captured in battle in mid-1988 and supporters of groups fighting for the inde­ had been held continuously since then. No pendence of Cabinda, an Angolan encllive inquest into his death was known to have between Congo and Zaire, and government been held by the end of 1990. soldiers suspected of politically motivated Numerous reports were received of pris­ offences. Detainees were held without trial oners being beaten by soldiers and police in prisons and detention centres in various in various parts of the country. provinc s. They apparently had no oppor­ In January two people believed to have tunity to challenge the legality of their been arrested after an unsuccessful coup imprisonment: a few, however, reportedly attempt in May 1977 and listed among obtained their release through bribery. many hundreds who then "disappeared" Some were thought to be imprisoned solely returned to Luanda. No action was taken on suspicion of sympathizing with UNrrA or against them by the authorities. They had opposing government policies, but it was apparently evaded arrest in 1977 and had impossible to obtain sufficient information been living in hiding elsewhere in Angola. to determine whether they were prisoners Although about 200 prisoners arrested in of conscience. connection with the coup attempt were Government forces announced the cap­ freed in December 1979, the authorities ture of some 200 UNITA combatants during never accounted for hundreds more who the year. Seven people, including an Evan­ "disappeared" in detention and arc be­ gelical Church pastor, were paraded pub­ lieved to have been killed. licly in May shortly after their arrest: they On several occasions UNITA alleged that were accused of planning to plant bombs government troops had deliberately killed in Huambo city in central Angola. The pas­ civilians and government army deserters. tor was accused of forging identity cards Government sources alleged that UNrrA had for UNrrA members. deliberately killed civilians. Neither side There were no trials reported during the provided detailed accounts and it was year of anyone arrested for political rea­ impossible to obtain independent corrobo­ sons or captured in 1990 or previous years. ration of the alleged killings. However, over 3,800 prisoners, mostly for­ At least one death sentence was mer UNrrA members, were released, accord­ imposed: in January Jose Pedro da Silva ing to official sources. Martins, a former soldier, was convicted by Among those held without trial were the Luanda Military Court of murdering a members of Cabinda opposition groups. Swedish diplomat in September 1989. He Joao Mateus Fuca Baluarte, a member of appeared to have no right of appeal. At the Frente da Libertat;tio do Estado de least three people sentenced to death in Cabinda (�'LEc), Cabinda State Liberation previous years remained under sentence of Front, who was reportedly arrested in death - two pilots convicted in 1989, and Cabinda in 1987 and tortured by security Moises Andre Lina, an opposition leader police, was apparently still held in Ben­ convicted in 1987 (see Amnesty Interna­ tiaba prison in Namibe province. Andre tional Reports 1988 and 1990). Gimbi Nzungu, a member of the Unitio Opposition groups also held prisoners. Nacional de Libertat;ao de Cabin da, Nat­ UNrrA reportedly held up to 10,000 prison­ ional Union for the Liberation of Cabinda, ers, many of whom were believed to be who was arrested in Cabinda in 1989, was government soldiers. THo Chingunji and also apparently still held. Wilson dos Santos, former UNITA represen­ .... :g One prisoner was reported to have died tatives abroad, reportedly remained .... ANGOWANTIGUA AND BARBUD.A/ARGENTINA

34 restricted in Jamba, UNITA'S headquarters in noting that flogging constitutes cruel, inhu­ southeast Angola. Former UNITA members man or degrading punishment and as such compiled a list of about 20 UNITA members is prohibited by internationally recognized who, they alleged, had been deliberately standards. The organization urged that the killed by UNITA in previous years (see punishment of flogging be abolished, and Amnesty International Reports 1989 and that no flogging sentences be carried out. 1990). Both UNrrA and FLEe abducted foreign nationals as part of their campaigns fo r international recognition. A French oil ARGENTINA worker captured in northwest Angola in February died from ill ness or exhaustion Allegations of torture and ill-treatment of in UNITA custody. FLEe abducted over 12 detainees by the police increased. One per­ people: all but one were subsequently son allegedly "disappeared" after being released. taken into police custody. Investigations Amnesty lnternational investigated the were not completed into allegations that in cases of possible prisoners of conscience, 1989 some members of an opposition including the two prisoners from Cabinda. group had been extrajudicially executed or It also sought information from the govern­ had "disappeared", and that others had ment about the number and identities of been tortured or ill-treated. An attempt by released prisoners, and about the death in the President to reintroduce the death custody of Marcolino Nduvale Faustino, penalty fa iled. The President pardoned but without response. Amnesty lnterna­ eight former military officers and four lional appealed for the commutation of the others; among them was a fo rmer army death sentences. general who was awaiting trial on 39 murder charges relating to human rights violations. On 3 December there was a military ANTIGUA AND uprising against the government of Presi­ dent Carlos Menem. The rebellion, involv­ BARBUDA ing a few hundred soldiers, was defeated. Thirteen people were killed, including five civilians. The President declared a state of siege on 3 D cember which was lifted the following day. He said that those involved would be tried by military courts and noted that the penalties provided for rebel­

· lion included execution. He subsequently .. �· · . retracted his support for the death penalty. On 29 December President Menem par­ doned and released the leaders of the mili­ tary government which ruled Argentina between 1976 and 1983, and other high­ One death sentence was imposed. There ranking officers jailed for crimes commit­ were no executions; the last execution was ted during the "Dirty War". Also included carried out in 1989. Flogging was intro­ in the presidential pardon and release were duced for rape. the past military government's economy Everette Byers was sentenced to death minister, Jose Alfredo Martinez de Hoz; the in April for murder. He was the only pris­ former leader of the Montonero guerrilla oner under sentence of death at the end of group, Mario Firmenich; and two former the year. Peronist activists, Duilio Brunello and In June Parliament approved an amend­ Norma Kennedy. Among the military ment to the Corporal Punishment Act officers pardoned by President Menem was introducing a sentence of flogging, in addi­ former army general Carlos Suarez Mason, tion to a prison sentence, for convicted extradited from the United States of Ameri­ rapists. ca in 1988, who had been awaiting trial on In November Amnesty International 39 murder charges relating to human rights wrote to Prime Minister Vere C. Bird Sr, violations. ARGENTINA

Reports of torture and ill-treatment of 150 children who had "disappeared" with 35 detainees in police custody in Buenos their parents or who had been born to Aires province were more frequent than in women who were held in secret detention previous years. It appeared that the police c ntres during the period of military rule were reluctant to investigate complaints between 1976 and 1983. Many of these against members of the police, other children had allegedly been given to police security agencies and the armed forces. and military families. In October Luis Patti, the Deputy Police Investigations remained open into the Chief of Pilar, Buenos Aires province, was treatment in 1989 of members of th detained and charged with beating Daniel Movimiento Todos por la Patria (MTP). All Barsola and Miguel Angel Guerrero and for the Fatherland Movement, who had torturing them by electric shocks. The two been involved in an armed attack on the men had been detained on 12 Septem­ Third Infantry Regiment barracks at La ber on suspicion of burglary. Following a Tablada, Buenos Aires province, in January public outcry against Deputy Police Chief 1989 (see Amnesty International RepoIt Patti's detention, the judge who had 1990). Significant evidence had supported ordered the detention received telephone allegations that two MTP prisoners were threats. He was then taken off the case by extrajudicially executed after surrender an appeal court on the grounds that he and that tl1fee others "d isappeared" after might not be able to judge the case fairly. giving themselves up to military personnel. Deputy Police Chief Patti was released There was also evidence that several MTP shortly afterwards, pending the outcome of prisoners were tortured and ill-treated, the judicial investigation. by beatings and threats among other meth­ ods, while in military, police and prison custody. The investigations into these allegations continued in the Federal Court of the Dis­ trict of Mor6n, Buenos Aires province, and in other criminal courts. In October 1989 a judge of the 6th Criminal Court of Buenos Aires had ruled that the case against police and prison officers for the alleged assault on five MTP prisoners in the cells of Tri­ bunales, the main courthouse in Buenos Aires, should be dismissed. An appeal against this decision was lodged in 1989 by the state prosecutor and by lawyers acting for the complainants. By the end of 1990 the case had not been resolved, nor had In September Andres Alberto Nuiiez, other investigations into alleged violations from La Plata, Buenos Aires province, against MTP prisoners resulted in any reportedly "disappeared" after being taken prosecutions. into custody by the Investigations Force of In August President Menem sent draft La Plata. He was reportedly detained at his legislation to the Argentine Congress to home on 28 September on suspicion of reintroduce the death penalty for certain theft. A witness claimed to have seen crimes, including kidnapping resulting in Andres Alberto Nuiiez being beaten at the death, and drug-trafficking. However, the Investigations Force headquarters. The legislation was wit hdrawn shortly after­ police denied that he had been detained. wards owing to opposition from most legis­ An investigation into the case was begun lators and several influential organizations, by the Criminal Court of La Plata, but including the Roman Catholic Church. Andres Alberto Nuiiez' fate and where­ In March Amnesty International pub­ abouts remained unknown at the end of the lished a report, The Attack on the Th ird year. Infantry Regiment Barracks at La Tablada: Argentine human rights organizations Investigations into Allegations of ToIture, alleged that the Human Rights Directorate "Disappearances" and Extrajudicial Execu­ in the Ministry of the Interior failed to tions, which concluded that there was fo llow up consistently the cases of over compelling evidence to support allegations ARGENTINA/AUSTRALIA/AUSTRIA

36 that after surrender some MTP prisoners national Reports 1989 and 1990) published had been extrajudiCially executed or had report on the deaths of Aboriginals in pre­ "disappeared", and others had been vious years, but did not find evidence that tortured or ill-treated. The organization they resulted from police torture or ill­ urged the government to take swift action treatment. The Commission continued its to prevent further such abuses and said inquiries and held a number of public that delays into the investigations of these hearings but had not issued its final report allegations amounted to a denial of the by the cnd of the year. The Minister for right to a prompt, thorough and effective Aboriginal Affairs wrote to Amnesty Int r­ investigation. national in June. He stressed his govern­ In November Amnesty International ment's commitment to the prevention of requested information from the authorities Aboriginal deaths in custody and men­ about measures taken in connection with tioned several initiatives taken by states allegations of torture and ill-treatment of and territories to implement the recom­ detainees in police custody in Buenos mendations contained in the Commission's Aires province. The organization contin­ interim report of 1989. ued to press the authorities to establish the Amnesty International received reports whereabouts of children who had that in January over 120 prisoners in the "disappeared". In August Amnesty Interna­ Yatala Labour Prison in South Australia tional wrote to President Menem urging were denied food for 72 hours as a punish­ him not to make further proposals to re­ ment. In response to Amnesty Interna­ introduce the death penalty. The organiz­ tional's inqumes and expression of ation pointed out that the reintroduction of concern, the state authorities denied the the death penalty would be contrary to reports and said that food was available to both world and regional trends and would the prisoners if they returned to their cells. contravene the American Convention on In October the federal government Human Rights which provides that the acceded to the Second Optional Protocol to death penalty shall not be re-established in the International Covenant on Civil and states that have abolished it. Political Rights Aiming at the Abolition of the Death Penalty. AUSTRALIA

'''. AUSTRIA

Allegations of torture and iIl-treabnent in police custody continued. Those who made criminal complaints about ill-treat­ " ment risked criminal prosecution or in­ vestigation. Two conscientious objectors to military service served prison sen­ tences; both were considered prisoners of conscience. In JlUle the government announced the implementation of interim measures to The Royal Commission into Aboriginal combat ill-treatment of detainees held in Deaths in Custody continued its inquiries police custody. It said the measures includ­ into deaths of Aboriginals in previous ed improved training of police officers, years. Prisoners in Y atala Labour Prison unannounced visits by police doctor s to said that they had been denied food police stations to mak on-the-spot exam­ during a protest in January; the authorities inations of detainees, the distribution to denied the allegations. every detainee of a paper outlining the No deaths said to have been caused by detainee's rights, and the establishment of torture or ill-treatment, either in police or an expert panel to examine proposals to prison custody, were brought to the atten­ prevent ill-treatment. tion of Amnesty International during the The Interior Minister stated in January year. The Royal Commission into Aborigi­ that between 1984 and 1989 he had nal Deaths in Custody (s e Amnesty Inter- received 2,622 allegations of ill-treatment AUSTRIA

by the police, of which 1,142 had resulted "possibility [which] could not be excluded". 37 in criminal complaints against officers As there was no evidence apart from the leading to 33 convictions. He said that dis­ confession, the man was convicted only of ciplinary investigations were carried out those offences to which he admitted in open concerning 120 officers and dis ciplinary court. measures were taken against 26 of them. The court also refused to accept the Allegations of torture and ill-treatment Public Procurator's application to extend in police custody continued. A number of the indictment to include the accusation the alleged victims were reluctant to make that the man had committed "defamation" complaints, or allow their names to be by making the allegations of torture. How­ ublished, for fear of pro ecution for ever, the Public Procurator was allowed to defamation. pursue this accusation in separate proceed­ An 18-year-old Yugoslav was arrested ings: the prosecution was later withdrawn on 16 January on suspicion of attempled owing to lack of evidence. An investigation theft and taken to Himberg police station started by the Public Procurator into the for interrogation. He alleged that five or six allegations of torture had not been con­ police officers made him undress, secured cluded by the end of the year. his hands behind his back, pushed sharp In March the Vienna Public Procurator objects under his fingernails, burned him dismissed a criminal complaint lodged by with a cigarette and beat his genitals with a Mustafa Ali against the police about his ill­ ruler. He said that this treatment lasted for treatment in police custody in 1989 (see several hours and that as a result he agreed Amnesty International Report 1990). His to sign a confession. complaint to the Constitutional Court had not been heard by the end of the year. A 19-year-old woman lodged a formal complaint in June about sexual acts forced upon her at the Karlsplatz police station in Vienna in May. The woman said that she had been detained by two police officers, who forced her to have oral sex with them at the police post and "rewarded" her with drugs in the form of tablets. A third officer was said to have known that the sexual assault was taking place, but failed to inter­ vene. The two police officers were sus­ pended from duty, and the officer who failed to intervene faced disciplinary charges. Martin Dengscherz and Christian Three days later the investigating judge Schwarz served prison sentences for refus­ at the Vienna Juvenile Court ordered a ing to perform military service on consci­ medical examination which was carried entious grounds. The Vienna Higher out the same day. Doctors noted six sec­ Alternative Service Commission rejected ond-to-third-degree burns on the man's their applications to be recognized as con­ back and signs of bleeding beneath the scientious objectors, on the grounds that nails on two fingers of his left hand. A they had not presented their beliefs in a bruise and swelling were found on his credible manner. Both men were subse­ penis, which the doctors said were the quently convicted of refusing to perform effects of being beaten with a blunt instru­ military service. Christian Schwarz was ment. The doctors found that the injuries released from pri on in July after serving were at least three days old and could have a three-month sentence and Martin occurred while he was held in police cus­ Dengscherz was released in November after tody. A police officer testified that the man serving a onc-month prison sentence. had not had these injuries when he arrived In January Amnesty International pub­ at the police station. lished a report, Austria: Torture and IlJ­ The Vienna Juvenile Court rejected the treatment, which focused on allegations man's signed confession because it r'l­ of unwarranted and deliberate physical garded the allegations of torture as a violence, sometimes amounting to torture, AUSTRII\IBAHAMAS/BAHRAIN

38 in police custody. The organization argued that it would be wlconstitutional to pressed for additional safeguards during execute anyone in the Bahamas because the initial detention period, an effective the method of execution was not specified and impartial complaints mechanism, and in the Constitution or any law. The motion full implementation of the United Nations was still pending a hearing at the end of (UN) Convention against Torture. The the year. organization called on the government to Amnesty International wrote to Prime ensure that complainants were not discour­ Minister Lynden Pindling in November aged from reporting police abuse through expressing concern that death warrants had fear of being charged with a criminal been issued in August for the execution of offence. the four prisoners and, furthermore, that The government responded inler alia this action had been taken when a decision that a decree of September 1989 required was pending on a constitutional challenge allegations of police ill-treatment to be to the death penalty. The letter welcomed promptly investigated by a judge unless the stays of execution and urged the gov­ they were manifestly unfounded. The ernment not to issue new death warrants. It decree also contained guidelines for public also urged the government to commute all procurators and courts on observing the UN death sentences and to take other steps to Convention against Torture's prohibition of abolish the death penalty. the use of evidence obtained through tor­ ture. The government said that the lodging of counter-complaints, such as defamation, was the exception rather than the rule. BAHRAIN Amnesty International appealed for the release of both prisoners of conscience. Dozens of people suspected of opposition to the government, including prisoners of conscience, were arrested and detained without charge or trial. Others were sen­ BAHAMAS tenced after unfair trials or continued to serve sentences imposed after unfair trials in previous years. Political detainees alleged that police officers had tortured or ill-treated them in incommunicado detention to make them confess. One death '. , . sentence was imposed but there were no . ., . executions. . . . . Members of the Shi'a community con­ tinued to comprise the majority of those arrested and imprisoned on political grounds. Arrests occurred throughout the year, and dozens of people were detained Four prisoners were scheduled for without charge or trial under the 1974 execution but were granted stays. At the Decree Law on State Security Measures end of the year some 21 people were under (see Amnesty International Report 1990). sentence of death. No executions were car­ Many of those held, among whom were a ried out in 1990; the last execution took number of children, were believed to be place in 1986. prisoners of conscience. Some long­ The executions of four prisoners con­ term untried detainees were released in victed of murder, set for 21 and 28 August, August, including al-Sayyed 'Abdullah al­ were stayed. Romain Shephard was grant­ Muharraqi, a Shi'a religious leader. ed a stay after he indicated his intention to About 40 people were arrested in June, appeal to the Judicial Committee of the reportedly for distributing leaflets which Privy Council in London, which acts as the expressed solidarity with political pris­ final court of appeal for the Bahamas. Peter oners. Most were released within a few Meadows, Arnold Heastie and NikHa weeks. A Sunni religious leader, Nidham Hamilton were granted stays of execution Ya'aqoubi, was detained in August, pending a decision on a constitutional rp.portedly after criticizing members of motion in a separate case. The molion the government in his Friday sermons. He BAHRAIN was subsequently released uncharged, but The trial, like others before the Supreme 39 forbidden from delivering sermons in th Civil Court of Appeal, did not satisfy inter­ mosque. national fa ir trial standards. The court can Some Bahrainis were arrest d on their convict solely on the basis of uncorrobo- return from visits or residence abroad and rated confessions obtained by the police in were detained for days or weeks as possi­ the absence of witnesses, and defendants ble prisoners of conscience. They included have no right of appeal against their con­ six women and their children - families of viction or sentence. Apart from close rela- prisoners sentenced in 1981 fo r their tives of the accused, the public ar alleged participation in a coup attempt - excluded from the court. who were held for about one week in Nineteen other people arrested in 1988 August and then sent back to Syria. were convicted by th Supreme Civil Court of Appeal in May on charges of forming an unauthorized organization and possession of leaflets. 'Abd al-Ridha Mansour al­ Khawaja and 'Abdullah Ibrahim 'Ali al­ Sairafi were each sentenced to seven years' imprisonment. Six others received five­ year prison sentences. The remaining 11 defendants received one-year prison terms and were released as they had already been in custody for approximately 21 months. In a separate case, three people charged with membership of an unauthorized organization were acquitted in November, although they were then held for a further week before being released. All three alleged that they had been tortured and Dozens of political prisoners were sen­ beaten in detention. In December nine tenced to prison terms after unfair trials. people from the village of Bani Jamra Five were jailed in March at the end of were sentenced on similar charges. Seven a trial before the Supreme Civil Court received two-year prison terms, one of Appeal of nine people arrested in received a three-year term, and one, Fatima September 1988 (see Amnesty Inter­ Ibrahim Kadhem, was given a one-year sus­ national Reports 1989 and 1990). Their pended sentence. Two others were acquit­ arrests had taken place following the brief ted. Most of them had been held since detention of a prominent religious leader, early 1989. Sheikh 'Abd al-'Amir al-Jamri, apparently Scores of political prisoners sentenced because of his outspoken criti ism of after unfair trials in previous years government policies. remained in prison throughout 1990. They Muhammad Jamil 'Abd al-'Amir al­ included alleged members of banned orga­ Jamri was convicted of membership of nizations such as the Bahrain National an unauthorized organization and other Liberation Front (BNLF), the Islamic libera­ offences and sentenced to 10 years' impris­ tion Front and the Islamic Enlightenment onment. 'Abd al-Jalil Khalil Ibrahim Has­ Society. Other alleged members of these san received a seven-year term, two others organizations completed their sentences received thr e-year sentences and the fifth, and were released. � Hussein Ibrahim al-Qassab, a minor at the Political prisoners, including approxi- � time of the offence, was sentenced to six mately 70 people sentenced to long prison -< months' imprisonment. Four of the terms in 1981, complained of harsh prison accused were acquitted. All nine defen­ conditions and mounted a number of � dants alleged that they were tortured by hunger-strikes. One took place after Salah I police in pre-trial custody, and prosecution al-Khawajah, a political prisoner serving � witnesses said they had been thr atened by a seven-year term at Jaw Prison, sustained � security police to make them give fa lse tes­ an eye injury, allegedly as a result of � timony against the accused. No investiga­ torture. ! tion into these allegations was known to A Pakistani national, convicted of drug- !8 have been carried out. trafficking, was sentenced to death by the ... 8AHRAIN;BANGLA.DESH

40 High Criminal Court in July but there were At least 19 people were sentenced to no executions: the last known execution death. It was not known if there were any was in 1977. executions. Amnesty International expressed con­ President Hossain Mohammad Ershad cern to the government about the imprison­ resigned on 6 December fo llowing eight ment of possible prisoners of conscience, weeks of demonstrations and strikes the use of prolonged incommunicado called by opposition parties. He handed detention, allegations of torture, unfair over power to a caretaker vice-president trials and the death penalty. It also sought nominated by the opposition parties, Chief information about a number of specific Justice Shahabuddin Ahmed, who was cases. appOinted to head an interim admin­ Following an inquiry about alleged istration lasting up to three months, during members of the BNLF imprisoned since which parliamentary el ctions would be 1986, the Minister of the lnterior respond­ held. ed in October that one such prisoner was a In 0 tober, after police shot students "trained international terrorist", while dead during a demonstration in Dhaka, the other sentenced political prisoners were Sarbodaliya Chhatra Oikya, All Party Stu­ "criminals ... entenced for using or advo­ dents Unity, was formed to coordinate fur­ cating the use of violence". He denied that ther protest action. The three main the Bahraini authorities were holding pris­ opposition alliances - the eight-party oners of conscience. alliance led by the Awami League (AL). the Amnesty International urged the gov­ seven-party alliance led by the Bangladesh ernment to ratify the United Nations Con­ National Party (SNP) and the leftist five­ vention against Torture and Other Cruel, party alliance - participated jointly in the Inhuman or Degrading Treatment or Pun­ anti-government protest movement. The ishment, the International Covenant on Jamaat-e-[slami. Party of Islam. and the Civil and Political Rights and other inter­ trade union fe deration, Sramik Karmichari national human rights treaties, and to Oikya Parishad (SKOP). also called strikes apply their provisions in order to safeguard and demonstrations. human rights. A state of emergency declared on 27 November was lifted on 6 December. Under the state of emergency constitu­ tional guarantees safeguarding human BANGLADESH rights were suspended, including the right to challenge arbitrary or illegal detention in court. In late October communal attacks against the Hindu minority resulted in at least two deaths and numerous rapes. The government imposed a curfew. but there were complaints that the police failed to intervene to protect victims from attacks, which continued in some areas during cur­ few hours. Hundreds of opposition party workers, including probable prisoners of con­ science, were detained in connection with the anti-government demonstrations. Sheikh Hasina Wajed, the President of the Hundreds of anti-government protesters AL, was placed under house arrest from 27 were arrested, including prisoners of con­ November to 4 De ember. Several others science who were detained without charge were also detained in November before the or trial. Torture of prisoners by police con­ emergency was imposed, including the tinued, sometimes leading to the death of presidents of the Ramna and Dhaka City the suspect. Scores of demonstrators were branches of the JaUya Samajtantrik Dal shot dead by police or paramilitary fo rces, (ISD), National Socialist Party; a leader including some in circumstances suggest­ of the BNP youth wing, Mirza Abbas; ing they had been extrajudicially executed. and a leader of the AL'S youth wing, BANGLADESH

Mostafa Mohiuddin Monto. Further arrests clashes between protesters and police dur­ 41 occurred during the state of emergency. ing which at least four people died. The Those detained included Abdul Quyyum police said that Wazed Ali had committed Mukul, Secretary of the Dhaka City Com­ suicide, but they apparently disposed of mittee of the Communist Party of his body themselves. Bangladesh, and Mohammad Rahmatullah In May Hasanul Karim, known as of the AL. In Sylhet about 20 people, "Manik", a student leader, died a few including five students, were reportedly hours after his arrest in Chittagong. A post­ detained. All these detainees were released mortem attributed his death to shock and after the change of government. brain haemorrhage, and found that the The Special Powers Act (SPA) empowers injuries that caused his death had been the government and local authorities to inflicted with blunt weapons. The police detain without charge or trial anyone said that he had been attacked by members alleged to have committed a "prejudkial of the public at the time of his arrest but in act" likely or intended "to endanger public a photograph taken shortly afterwards safety or the maintenance of public order". there was no sign of the injuries later found Detention orders extending beyond 30 days on his body. must be approved by the government and Manirul Murshed, an asylum-seeker can be renewed indefinitely. who had been active in the student wing of Some government opponents who were the AL, was tortured after Swedish author­ detained under the SPA were also charged ities returned him to Bangladesh in Octo­ with criminal offences apparently for ber. He was detained by airport police on political reasons. Pankganj Bhattacharya, his arrival. During the 13 hours of his General Secretary of the Bangladesh detention he was beaten with a truncheon, National Awarni Party, was detained under including on the soles of his feet and his the SPA in October and also charged in genitals, whipped with electric cable and connection with attacks on private offices kicked. in Dhaka during a transport blockade During anti-government demonstrations organized by opposition parties. He was from October to D cember scores of released soon afterwards, shortly before a demonstrators were reportedly shot dead habeas corpus action challenging the legal­ by police and the paramilitary Bangladesh ity of his detention could be heard in court. Rifles, sometimes in circumstances which Hundreds of prisoners remained in suggested they were victims of extrajudi­ detention under the SPA, including an cial executions. For example, on 10 Octo­ unknown number of possible prisoners of ber police reportedly shot three people conscience and other political prisoners. In dead near Gulistan, Dhaka. Witnesses said De ember the interim government issued police officers dragged one person away warrants for the arrest under the SPA of who had been shot in the chest but was former president Hossain Mohammad still alive. Officers then struck him on the Ershad and 16 ministers and officials who head with a rifle butt, causing his death, had served in his government, apparently and took his body away in a van. in connection with investigations into cor­ At lea t 19 people were known to have ruption. Hossain Mohammad Ershad was been sentenced to death; 17 for murder and arrested in December, as were former vice­ two for drug-smuggling. However, the true president Moudud Ahmed, former deputy figure was believed to be considerably prime minister Shah Moazzem Hossain, higher. It was not known if there were any fo rmer interior minister Mahmudul Hasan executions. The government informed and former industries secretary Mosharaf Amnesty International that there had been Hossain and his wife, Zeenat. All remained one execution in 1987 and two in 1988. in detention without charge at the end of Amnesty International raised with the the year. government four cases of death in custody New cases of torture of criminal and which occurred in 1988 and 1989 and political suspects by the police were requested information on the inquiry the reported; seven suspects were said to have government said it had initiated into died as a re sult. Wazed Ali, a rickshaw­ reprisal killings in the Chittagong Hill puller, died in custody in February at Kot­ Tracts in June 1989 (sce Amnesty Interna­ wali police station, Jessore, reportedly after tional Report 1990). The government re­ a severe beating. His d ath was fo llowed by sponded in each case, but did not provide BANGLADESH/BENIN

42 evidence that fu ll and impartial investiga­ At the conference. representatives of some tions had been held. previously banned opposition groups and [n November Amnesty International other political leaders called for an inquiry urged the government to hold full and into torture allegations. the dismantling impartial investigations into the deaths of of all torture centres. and the release of anti-government demonstrators and to all remaining political prisoners. A High ensure that law enforcement officers were Council. chaired by the Roman Catholic instructed to use lethal force only when Assistant Archbishop of Cotonou. Mon­ strictly necessary. The organization urged signor lsidorc de Souza. was set up to over­ the government to release all prisoners see the implementation of the conference's detained for the non-violent expression of recommendations. President Mathieu their political views. and to charge any Kerekou retained hi post as head of state. prisoner against whom there was evidence but an interim government was appointed. of involvement in a recognizably criminal headed by Nicephore Soglo. to hold pow r offence. Amnesty International also urged until elections scheduled fo r 1991. A new the government to abolish the d ath pen­ constitution was prepared and approved alty. After the change of government in by a national referendum on 2 December. December. the organization urged the It included important human rights safe­ interim authorities to ratify international guards prohibiting arbitrary detention and human rights instruments and to introduce making torture a criminal offence. strict limits on powers of administrative The national conference also approved detention. the formal establishment of a 42-memb r National Human Rights Commission which included government appointees and elect­ ed representatives of the country's non­ BENIN governmental organizations. The confer­ ence recommended the creation of a nat­ ional committee to investigate past torture allegations. but apparently no investigation was initiated. The last remaining political prisoners were released under an amnesty announ­ ced in March. Three prisoners arrested in 1977 and held either without charge or after a grossly unfair trial. as well as two groups of prisoners accused of plotting to overthrow the government in 1988. were among those released. However. no offi­ cial inquiry into prisoners' allegations of torture or other human rights abuses had opened by the cnd of the year. Some government critics and opponents Political reforms at the beginning of the were arresled. but most cases were quickly year were followed by important changes referred to the procuracy and the courts to affecting human rights and strengthening determine whether offences had been com­ the rule of law. All remaining political mitted. This contrasted with the official prisoners were released in an amnesty practice throughout the 1970s and 19aO announced in March. In contrast to previ­ of detaining political opponents without ous years, there were no reports of torture trial. outside the jurisdiction of the courts. and the few people arrested for political Most of those arrested were members reasons were referred to the courts instead of the Convp.ntion (/11 PAlIplp.. People's of being held unlawfully or in administ­ Convention. an umbrella organization rative detention. A political activist was representing several political groups inclu­ killed in September by a security officer. ding the Par!i commllniste dll Dahonwv. After several months of strikes and dem­ Communist Party of Dahomey. many elf onstrations advocating political changn. whose members had been detained with­ the government convened a national con­ out trial in past years (sec Amnesty IntA/,­ fe rence in Februar� to discuss reforms. national Hepor! 1990). BENIN/BERMUDA

One person who appeared to be a pris­ arrested for political reasons in 1990 and 43 oner of conscience was Laurent Metognon, was informed by the government that an a trade unionist. He was arrested in inquiry into the circumstances of Segla January and held for two weeks for alle­ Kpomassi's death was under way. gedly inciting disobedience against the government and for threatening behaviour in connection with strikes at the Ministry of Finance where he worked. The procur­ BERMUDA acy ordered his release. Three other people, including Augustin Voyeme, a medical doctor, were arrested in August at So-Ava for attending an unauth­ orized meeting. They were taken before the procurator and charged with using viol­ ence against the authorities and organizing prohibited demonstrations. They were acquitted at a trial two weeks later. Other Convention du Peuple supporters were arrested when they tried to arrange the replacement of unpopular mayors out­ side the normal administrative framework. One person was arrested in Save in Febru­ ary and charged with trying to substitute an illegal authority for legal authority. He One death sentence was imposed and later was released to await trial, but no proceed­ commuted. A referendum on capital pun­ ings had started by the end of the year. In ishment was held. There were no execu­ another case, Jean-Marie Yacoub ou, a for­ tions; the last hangings were carried out in mer prisoner of conscience held from 1985 1977. No one was under sentence of death to 1989, was detained for three weeks from at the end of the year. 10 February without charge. Leroy Dunlop wa sentenced to death in Segla Kpomassi, a teacher and member January after being convicted of premedi­ of the Convention dl/ Pel/ple, was report­ tated murder. He defended himself at his edly shot dead by a security officer on trial and chose not to exercise his right of 16 September in Azove, Mono province, appeal. He was scheduled to be executed where there had been demonstrations and on 21 February. However, on 16 February protests against the authorities. No attempt the Governor, Sir Desmond Langley, com­ appeared to have been made to arrest him. muted the sentence to life imprisonment The Minister of the Interior said Segla Kpo­ following consideration of the case by the massi had been shot when officersreturned Committee on the Prerogative of Mercy. fire from the crowd, but the only other The referendum on capital punishment casualty reported was another protester. approved by an Act of Parliament in June An inquiry into the circumstances of Segla 1989 (see Amnesty International Report Kpomassi's shooting had not concluded at 1990) took place in August. Voters were the end of the year. a ked whether they favoured retaining the Amnesty International welcomed the death penalty for premeditated murder. improvements in human rights in 1990 and Only about one third of registered voters submitted proposals to the commission participated in the ballot: some 79 per cent drafting the constitution. urging the aboli­ of them favoured retention. The result was tion of the death penalty and the introduc­ not binding on Parliament and a parlia­ tion of a procedure to allow all detainees to mentary debate and vote were pending at question the legality of their detention the end of the year. before the courts. In May an Amnesty Amnesty International urged the Gover­ International delegation visited Benin and nor to exercise clemency in the case of discussed measures to protect human Leroy Dunlop and later welcomed the com­ rights with government officials, including mutation of his death sentence. The organ­ the establishing of responsibility for past ization publicly called for the abolition of human rights violations. Amnesty Interna­ the death penalty in Bermuda before the tional also investigated the cases of those referendum. BHUTAN/BOLIVIA

44 the prisoners would not be executed. Further detentions in southern Bhutan BHUTAN were reported during the year as political unrest continued. During a tour of southern districts in September the King reportedly released all but 47 of more than 400 prison­ ers held in the south at that time. Amnesty International did not know the identities of the remaining 47 prisoners or whether they were charged or tried. Amnesty International appealed through­ out the year for the release of the six pris­ oners of conscience detained since 1989. In June the government told Amnesty Interna­ tional that the six had been involved in violent criminal activity in southern Bhutan and could not be considered pris­ oners of conscience. However, the govern­ ment produced no evidence to show that Six prisoners of conscience were detained they had been involved in violent crime, without trial throughout the year for and the crimes for which they were appar­ alleged "anti-national" activities. ently being blamed had clearly been com­ Protests by groups of Nepali-speaking mitted by other people months after the six southern Bhutanese against the govern­ had been imprisoned. ment policy, introduced in 1989, of nat­ At a meeting with Amnesty Interna­ ional cultural integration intensified, and tional in September, the Foreign Minister from February or March included the use explained the context of unrest among of intimidation and violence. This policy "anti-nationals" in southern Bhutan, and involved the compulsory wearing of dis­ provided details on the rise of violent tinctive Bhutanese dress, the promotion of criminal acts by these groups during 1990. Dzongkha - the language of the majority He said the six had not been tried and that northern Bhutanese - as the national lan­ the King hoped to release them after a solu­ guage, and the promotion of driglam tion to the problems of southern Bhutan namzha, the northern Bhutanese "code of had been negotiated. In December Amnesty conduct". International requested further information The government of King Druk Gyalpo from the government about the 47 prison­ Jigme Singye Wangchuck informed ers reportedly detained in southern Amnesty International in June that 42 Bhutan. people had been arrested between October and December 1989 in connection with "anti-national" activity in southern Bhutan (see Amnesty International Report 1990). BOLIVIA Three further prisoners were extradited A man was allegedly tortured and killed from Nepal in November and imprisoned by the police. Police officers shot dead a in Bhutan. All but six of the prisoners were university student in suspicious circum­ released on the King's orders. stances warranting an independent inves­ The six, whom the authorities regarded tigation. No official investigation was as ringleaders, were believed by Amnesty initiated into allegations that intelligence International to be prisoners of conscience. officials had tortured three detainees in They were held without trial throughout 1989. 1990 at unknown places of detention. The During the year a wave of public government said that all of them had com­ demonstrations against the economic poli­ mitted treason by writing, publishing and cies of the government of President Jaime distributing literature critical of the govern­ Paz Zamora took place across the country. ment's policy of cultural integration. Miners, trade unionists and students Under Bhutanese law, treason is pun­ protested against the privatization of the ishable by death. However, King Druk state oil company and key mining districts Gyalpo Jigme Singye Wangchuck said that of the state mining company, and against 80LNlA cuts in the education budget. Scores of On 20 July Juan Domingo Peralta, a uni­ 45 demonstrators were arrested and detained versity student, was killed by agents of the for short periods of time. Grupo Especializado Antiterrorista (GEA), There was a marked increase in the vio­ Anti-Terrorist Special Force, a police unit lent activities of armed opposition groups. under the authority of the Ministry of the In October one Bolivian policeman was Interior. According to a statement by the killed and another injured during an attack Interior Ministry, Juan Domi ngo Peralta on the United States of America (USA) had been identified as a member of the marines' residence in the capital, La Paz. armed group, Fuerzas Armadas de Lib­ An armed group identifying itself as eraci6n Zarate Willka (FAL-ZW), the Zarate Comisi6n Nt�stor Paz Zamora - Ejercito de Willka Armed Liberation Forces. The state­ Liberaci6n Nacional (CNPZ-ELN), Nestor Paz ment said that he was killed during an Zamora Commission - National Liberation armed confrontation with GEA agents while Army, claimed responsibility for the attack. resisting arrest. According to reports, how­ In communiques to Bolivian radio stations, ever, no warrant for his arrest had been the group demanded the annulment of issued and there was no indication that he agreements with the USA to fight drug­ was being sought by the authorities. He trafficking and expressed regret at the was not in hiding and regularly attended death of the poli eman. Following the his classes at the university. Juan Domingo attack dozens of people, most of them stu­ Peralta was the brother of Jhonny Peralla, dents, were detained for short periods and who was wanted by the police for alleged released without charge. FAL-ZW activities. By the end of the year no investigation into the killing was known to have been carried out. Three of the five detainees originally charged with the killing of two Mormon missionaries alleged in 1989 that they had been tortured by intelligence agents (see Amnesty International Report 1990). According to reports, no investigation was conducted into these allegations. The trial of the five - Nelson and Felix Encinas Laguna, Constantino Yujra Loza, Gabriel Rojas and Sim6n Mamani - was repeatedly delayed and was continuing at the end of the year. The Juicio de Responsabilidades (re­ sponsibilities trial) of former president Alejandro Escobar Gutierrez, a Peruvian General Luis Garcia Meza and 54 co­ citizen, was killed in Bolivia. According to defendants, which started in 1984, contin­ morgue officials, his corpse was del ivered ued during the year. The charges against to the morgue in La Paz between 6 and 7 them included killing and torturing gov­ December by police agents without any ernment opponents between 1980 and explanation. Autopsy reports indicated 1982 (see Amnesty International Reports that his death was caused by gunshot 1981 to 1983). In October hearings opened wounds and noted that his body showed against 22 defendants charged with the clear signs of torture. The authorities 1980 killings of trade union leader Gual­ alleged that Alejandro Escobar Gutierrez berto Vega, national deputy Carlos Flores was a member of the CNPZ-ELN, which had Bedregal, and politi al leader Marcelo held the Bolivian businessman Jorge Lons­ Quiroga Santa Cruz, and with the related dale in captivity after his abduction in attack on the Central Obrera Bolivian a June. A jOint military-police operation was (COB), Bolivian Workers Confederation. undertaken on 5 December to rescue Jorge Eight witnesses for the prosecution iden­ Lonsdale, during which a number of tified some of the defendants as partici­ people were killed or arrested. Four bodies pants in human rights violations. Lawyers were reportedly recovered: three were acting for the prosecution and representing identified as CPNZ-ELN members and one relatives of the victims received death was said to be that of Jorge Lonsdale. threats during the year, which they BOLlVIA,lBRAZIL

46 attributed to people linked with former in Sao Paulo; at least eight were thought to government-sponsored paramilitary groups be "disappeared" political prisoners killed active during the military government. during the 1960s and 1970s. Torture and Amnesty International wrote to the gov­ ill-treatment of detainees continued. ernment urging a thorough and impartial Official inquiries about abuses in prisons investigation into the circumstances sur­ made little or no progress, and condition rounding the death of Alejandro Escobar remained harsh. Peasants involved in land Gutierrez. The organization also made disputes were detained without warrant, inquiries about the deaths connected with charge or trial, held incommunicado and the 5 December joint military-police opera­ subjected to ill-treatment. Local, state and tion and sought information about those federal authorities made little progres in who had been detained. No reply had been bringing to justice those responsible fo r received by the end of the year. extrajudicial executions, torture and other The organization called for a thorough human rights violations. and impartial investigation into the cir­ Fernando Collor de Mello, Brazil's first cumstances of Juan Domingo Peralta's civilian president to be directly elected in killing by the security forces. Amnesty 30 years, took office on 15 March. International reiterated its concern that the Death squads, oft n composed of off­ authorities had failed to investigate allega­ duty or on-duty police officers, killed tions that three of the defendants originally hundreds of people, including young accused of killing two Mormon missionar­ adults and children, and allegedly under­ ies were tortured. The organization urged took contract killings for businesses and the government to ensure that the defen­ professional criminals. Authorities in Rio dants receive a fair trial conforming to de Janeiro reported that nearly 500 minors international standards. were killed in the state in 1990, most of them by d ath squads. The members of death squads were often difficult to iden­ tify, as they reportedly made a practice BRAZIL of killing people who witnessed their activities. On 30 April in Diadema, a poor suburb of Sao Paulo, armed men in plain clothes shot and killed Marcello Rosa de Oliveira, .. aged 17, and his brother Marcos Rosa de Oliveira, ag d 18, when the youths did not present labour cards. About an hour later, four or five armed men in plain clothes approached six youths at a nearby street corner. Reports said the six, ranging in age from 15 to 21, were forced to lie face down on the ground. The gunmen then shot five of them dead and seriously wounded the sixth. These killings were typical of those reportedly committed by d ath squads. Two military policemen were convicted in September of th 1989 murder of five Death squads killed hundreds of people, young people in Nova Friburgo, Rio de often in circumstances that suggested Janeiro state, and sentenced to 71 years' extrajudicial executions. Rural trade and 42 years' imprisonment resp ctively. union leaders were threatened with death The policemen were aid to be members of or killed, reportedly by otT-duty police a death squad. officers and gunmen. Members of indige­ Four other military policemen were nous communities continued to be subject convicted in October of the 1988 abduc­ to armed attacks, in which at least four tion, torture and murder of Disney Erwin Indian villagers were killed. Eleven people Rodrigues, aged 18, and Sirnone Amaral reportedly "disappeared" during the year. Cerqueira, aged 17, also in Nova Friburgo The remains of more than 1,000 people (see Amnesty International Report 1989). were discovered in a secret burial ground Three of th defendants were sentenced to BRAZIL more than 30 years' imprisonment each; Alves was sentenced to 19 years' imprison­ 47 the fourth, convicted as an accessory. ment for ordering the murder. and Darci received a sentence of six months. Among Alves received the sanle sentence for carry­ hundreds of such cases. these were the ing it out. This was the first time that any­ only convictions of alleged death squad one was convicted in Brazil of ordering the members that came to Amnesty Interna­ killing of a rural activist. tional's attention during the year. Indigenous Indian communities suf­ Wolmer do Nascimento. a director of fered violent incursions by hired gunmen. the National Movement of Street Children. miners and landowners that resulted in received written and oral death threats in deaths and injuries. For example, two November after he denounced death squad Makuxi Indians. Mario Davis and Damiao killings of minors in suburban Rio de Mendes. were killed in June by hired gun­ Janeiro. He subsequently received federal men, allegedly employed by a local police protection on orders of the Justice landowner. In September miners report­ Minister. edly attacked a Yanomami-Yekuana village The northern state of Para was a focal in Roraima. killing the community's leader point for land conflicts in which rural Lourenl;o Yekuana and his son, and seri­ workers. church workers. trade unionists ously wounding onc other. Despite the and others were threatened or killed. widespread and persistent nature of such Official investigations into these killings or attacks, the authorities failed to bring to those of previous years fa iled to result in justice those responsible for the killings trials by the end of the year. and failed to implement promised meas­ In April men claiming to be federal ures to protect members of indigenous police officers abducted three brothers, all communities. Outside observers continued linked to a rural trade union. from their to findaccess to indigenous areas restricted home in Rio Maria. Para. Paulo Canuto de by the National Indian Foundation. a gov­ Oliveira and Jose Canuto de Oliveira were ernment agency, making documentation of shot dead. but Orlando Canuto Pereira human rights violations difficult. scaped. An official investigation later On 26 July police officers allegedly identified the killers as military police abducted 11 people, including fi ve minors. officers. Their trial had not yet started by from a farm in Mag6, Rio de Janeiro state. the cnd of the year. It was believed that the police went to At least five other trade unionists were the farm to steal valuables from the group. murdered in Para during the year. Some one of whom was al leged to be a drug­ 250 peasants, rural trade unionists and trafficker. AltllOugh the authorities lawyers connected with land disputes were announced an investigation. the where­ reportedly killed in Para between 1985 and abouts of the 11 remained unknown at the 1990. but none of those responsible for the end of the year. killings was known to have be n brought to In September an unmarked burial justice. ground near Perus cemetery in Sao Paulo Trade unionists in Acre state. including was found to contain the remains of more successors of the murdered union leader than 1.000 people. possibly including eight Chico Mendes, received death threats and "disappeared" political prisoners from the some went into hiding or left the area. In 1960s and 1970s. Brazilian human rights most cases the authorities did little to pro­ organizations believed that victims of vide protection or investigate the threats. death squads active against criminal sus­ Ilzamar Mendes (Chico Mendes' widow). pects in that period might also have been Jos6 Alves Mendes Neto (Chico Mendes' interred there. In October forensic scien­ brother). Gomercindo Cl6vis Rodrigues. tists began work, expected to take at least a Raimundo de Barros. jlllio Barbosa de year. to identif the fCmains. Aquino. Francisco de Assis Monteiro de At least 122 "disappearances" which Oliveira and Osmarino Amancio Rodrigues took placl' between 1964 and 1985 have were reportedly on a death list of 25 people been documented by Brazilian human drawn up by local landowners. rights organizations, but the remains of The trial of Chico Mendns' accused only a few of the "disappeared" have murderers took place in December. almost been recovered. In November the body of two years after he was killed (see Amn('sty Jos6 Maria Ferreira de Arau jo. who In/emotional Reports 1989 and 1990). Uarli "disappearrd" in 1970. was found in a Sao I BRAZIL 48 Paulo cem tery, buried under a fa lse name. later said to be r covering. Local human rights groups w re searching The increasing tension between the for the remains of more "disappeared" Landless Rural Workers Movement and the people in other cemeteries in or near Sao military police in Rio Grande do Sui led to Paulo. a confrontation in Porto Alegre on 8 Torture and ill-treatment of detainees August. This resulted in the killing of a continued to be widespread. The Brazilian policeman by peasants and a 12-hour Bar Association's branch in Mato Gro so police blockade of the City Hall, where do Sui reported the torture of 10 prisoners demonstrators had sought refuge. in 1990. In April, for example, maximum In many cases peasants seeking land security prisoner Eribaldo de Araujo rights were detained without a warrant, Menezes testified that guards beat and tor­ held incommunicado and ill-treated. On 21 tured him with electric shocks, left him July military and civil police officers, alone in a wet cell overnight and warned reportedly armed and dressed in plain him his life would be in danger if he clothes, entered the Jandaia estate near reported his torture. Curion6polis, Para state, and threatened Four air force enlisted men, Rober women and children with summary execu­ Soares da Silva, Uziel Bernardo da Costa, tion if they did not reveal the whereabouts Waiter Felix de Oliveira and Cleuton Eurf­ of the men of the community. pedes Inacio, were allegedly tortured on Eleven of the men were detained with­ B August at the Anapolis, Goias, air force out warrants, including Valdo Jose da base. Six air force officers, assisted by four Silva, who was reportedly shot in the back military policemen, reportedly adminis­ and legs as he tried to flee from police. The tered electric shocks to the soldiers, who other arrested men were taken 100 were hood d to prevent them from seeing kilometres to Maraba police station, and their interrogators. The officers were inves­ were reportedly denied food and water for tigating the theft of two revolvers from the two days. Four of the men said they were base. After extensive press coverage, an beaten to coerce them into making self­ official investigation resulted in charges incriminating statements. A habeas carpus against the base commander, two air force petition was filed on their behalf, but the officers and four military police officers. police obtained an order for up to 10 days' Their trial had not started by the end of the "temporary detention". However, the men year. were kept in Maraba jail for over two A presidential spokesman commenting months. They were granted a habeas cor­ on the case said: "In this government, tor­ pus order in October and released. ture never again", paraphrasing the title of Sandra de Oliveira Souza and Maria a report on torture under the fo rmer mili­ Divina da Silva Santos were detained with­ tary government published by human out any judicial order on the Jandaia estate rights organizations. on 22 July and secretly taken to Maraba Additional cases of torture of soldiers police station, allegedly to force them to were later reported in Piaul and Sao Paulo reveal the whereabouts of their husbands. states. Lawyers who saw the women on 25 July Official inquiries into the February 1989 reported that they were covered with beatings of more than 1,000 prisoners at a bruises. The two women were released Sao Paulo detention centre made little within a few days. progress during the year (see Amnesty A March 1989 attack by military police International Report 1990). Militarv and battalions on landless peasants at Salto do civil police officers were charged with the Jacui (see Amnesty International Report February 1989 suffocation to death of 18 1990) led to an official investigation. but no prisoners at a Sao Paulo police station. but disciplinary action resulted during 1990. no trial had begun by the end of the year. In an oral statement to the United After a peaceful demonstration in June, Nations Commission on Human Rights in landless peasants from Cruz Alia, Rio February. Amnesty International described Grande do SuI, were allegedly attacked its concerns about torture and other ill­ by military police officers. Onc of the treatment in Brazilian prisons and police protesters, Ivo Martins de Lima, was shot stations. in the back of the head, reportedly at close In Sao Paulo in June Amnesty Interna­ range while lying on the ground. I le was tional launched its publication, Beyond the BRAZIL,lBRUNEI DARUSSALAM

Law: Torture and Extrajudicial Execution 49 in Urban Brazil, which called on the Brazilian Government to stop widespr ead BRUNEI violations of human rights by civil and mil­ itary police. Also in June Amnesty Interna­ DARUSSALAM tional representatives visited Brazil and met government officials, representatives of non-governmental organizations and the press. In a nationally televised speech on 22 June, President Collor said, "We cannot and will not again be a country cited as . . violent in reports by Amnesty Interna­ q tional.. .. We will not allow the 'new Brazil' to accept any form of disrespect for human rights. " 1\ In August President Collor and other � officials met Amnesty International repre­ \ .. . . ,� sentatives to discuss the organization's .. iN-.- t .. �� .. . . report. The President said that his govern­ .. -... -� ment did not consider Amnesty Inter­ national's work an interference in Brazil's Seven prisoners of conscience, four of internal affairs and promised that his whom had been held since 1962, were ministers would study the organization's released. Criminal offenders continued to recommendations. Amnesty International be sentenced to mandatory whippings subsequently sent the Brazilian Govern­ which constitute a cruel, inhuman or ment 12 recommendations for safeguards degrading form of punishment. against torture and other human rights After spending 27 years in prison with­ violations. out charge or trial, Sarponin bin Sarpo, In September Amnesty International Suhaili bin Badas, Tinggal bin Muhammad issued a statement on the torture and and Baha bin Mohammed were released in killing of Brazilian children by police January, along with Sheikh Nikman bin officers and death squads. On the same day Sheikh Mahmud who had been held with­ President Collor called for a federal out trial for 14 years. The first four were investigation of all the cases featured in detained soon after an abortive armed the statement. Federal authorities had pre­ rebellion staged in December 1962 by the viously denied responsibility for inves­ Partai Rakyat Brunei (PRB), Brunei People's tigating human rights violations, claiming Party, against the thcm Sultan. The fifth, that this rested solely with state and local Sh ikh Nikman, who was not a member of authorities. the PRB, was apparently held because he By tho end of the year, however, the was the brother of the PRB president-in­ reported number of child ren killed by exile. police and death squads had not dropped, Abdul Latif Hamid and Abdul Latif the killings of rural trade unionists contin­ Chuchu, who had been the leaders of the ued to be reported, allegations of torture Brunei National Democratic Party, were and ill-treatment of detainees were still conditionally released in March. They had being made, and when state and local been detained without charge or trial since investigations and judicial proceedings January 1988 apparently for advocating were initiated, they were subject to long parliamentary democracy under a consti­ delays. tutional monarchy. Their conditions of release included staying indoors between 10pm and 6am, not leaving their district without police permission, and not engag­ ing in any political activity for one year. Abdul Latif Hamid died of asthma in May. His death did not appear to be related to his detention. Whipping continued to be a mandatory BRUNEI DARUSSALAM/BULGARIA

50 punishment for 42 criminal offences original names. Also in March, legislation including assault, extortion, rape, robbery was introduced which reorganized the and vandalism. In one case in July, a 21- judicial system and guaranteed the right to year-old man was sentenced to three lashes defence in all phases of the legal process. and three years' imprisonment for having Elections held in June to a new parlia­ unlawful sex with a minor, a girl aged 13. ment, the Grand National Assembly (GNA), In January Amnesty International wrote an assembly empowered to rewrite the to the government welcoming the release of Constitution, were won by the Bulgarian five prisoners of conscience and urging the Socialist Party (BS!') - the former Commu­ release of the two others. In April Amnesty nist Party - with 211 of the 400 seats. The International welcomed their release but main opposition, the Union of Democratic urged the government to lift the restrictions Forces (UDF). won 144 seats. In July Presi­ imposed on them. dent Petar Mladenov resigned after it was revealed that he had suggested calling in tanks to disperse anti-government protesters in December 1989. In August the BULGARIA GNA elected UDF leader Zhelyu Zhelev President. In September President Zhelev pardoned 314 prisoners, including 17 eth­ nic Turks sentenced for espionage during the assimilation campaign. In November, following major demonstrations and strikes, the BSP government led by Prime Minister Andrey Lukanov resigned. In December a coalition caretaker government was appointed until new elections could be held. In late December another amnesty was announced for all those sentenced for "treason and espionage". All remaining detainees convicted of political offences were subsequently released. After the January amnesty over 60 eth­ Two prisoners of conscience were tried nic Turks remained imprisoned for oppos­ and sentenced for espionage but later ing the assimilation campaign, many of released. A number of ethnic Turks them having been convicted of espionage remained imprisoned until late December under Article 104 of the criminal code. in connection with their resistance to the Some of these prisoners had reportedly enforced assimilation of the ethnic Turk­ been charged with espionage after they ish minority from 1984 to 1989. A morato­ attempted to give foreign observers inform­ rium on executions was introduced. ation about human rights abuses which In January an amnesty affecting 31 had occurred during the assimilation people was announced for those impris­ campaign. oned after 1 January 1984 under specified In February an ethnic Turkish medical articles of the criminal code for opposing doctor, Enver Ahmedov Hatibov (whose the assimilation campaign against the eth­ "Bulgarian" name was Belehin Perunov nic Turkish minority (see Amnesty Interna­ Perunov), was sentenced to 10 years' tional Reports 1986 to 1990). The imprisonment under Article 104. He was assimilation campaign was officially recog­ accused of identifying undercover agents of nized as having been illegal, although no the Ministry of Internal Affairs to two prosecutions for the attendant large-scale Turkish citizens, including Yusuf Mutlu, human rights abuses, including loss of life, an ethnic Turk who emigrated from Bul­ were undertaken (see Amnesty Interna­ garia to Turkey in 1978. The ministry had tional Report 1990). In March parliament been responsible for human rights abuses passed legislation which allowed ethnic against the ethnic Turkish minority during Turks and other Bulgarian Muslims, the assimilation campaign. Yusuf Mutlu whose names had been forcibly changed was arrested while on a trip to Bulgaria. in past assimilation campaigns, to use their He was tried with Enver Hatibov and BULGARIA/BURKINA FASO sentenced to 12 years' imprisonment. How­ arrested for political reasons. Most were 51 ever, both were released early; Enver Hali­ released uncharged but at Jeast 12 were bov was freed in May and Yusuf Mutlu in still held without charge or trial at the end September. Early releases of ethnic Turks of the year, including eight students who imprisoned for opposing the assimilation had been fo rcibly conscripted into the campaign occurred throughout the year. armed forces. There were reports of In July the GNA introduced a morator­ torture and ill-treatment of political ium on executions. In August President detainees, two of whom were said to have Zhelev commuted the sentences of the 11 died as a result. people on death row to 30 years' imprison­ A new draft constitution to replace the ment. They had all been convicted of mur­ constitution suspended in 19BO was pre­ der. No executions were carried out in pared by a government-appointed commis­ 1990. sion and submitted to President Blaise In February an Amnesty International Compaore for approval in October. It was delegation visited the country and dis­ scheduled to come into force after a refer­ cussed its concerns with officials in the endum in 1991. It allows for political par­ Foreign Ministry. The organization called ties but excludes any based on particular for the release of Enver Hatibov and Yusuf religious denominations or regions of the Mutlu, and throughout the year sought fur­ country, and those considered "pro-imperi­ ther information on ethnic Turks impris­ alist". Presidential and legislative elections oned during the assimilation campaign. were scheduled for 1991. The Bulgarian Government made inform­ Nineteen people arrested in December ation available on a number of cases. 1989 in connection with an alleged con­ Amnesty International called for a civilian, spiracy against the government were non-punitive alternative service to be intro­ detained throughout the year without being duced for conscientious objectors to mili­ brought to trial. In all, 31 people had been tary service. It welcomed the moratorium arrested, most of them associates of former on the death penalty and called on the GNA president Thomas Sankara, who was killed to abolish it completely. in the coup in October 1987 which brought President Compaore to power. They included Raymond Train Poda, a former minister of justice, Guillaume Sessouma, BURKINA FASO a university lecturer, and Moumouni Traore, an economist, all members of the Union de Jutte communiste-reconstruite (ULC-R), Union of Communist Struggle­ Reconstructed, which had supported the Sankara government. The 31 also included :'0 : former soldiers, some of whom had previously been detained without trial for almost two years following the 1987 coup. Four of the 31, including Guillaume Sessouma, were said by the government in January to have escaped from detention. However, there were persistent reports sug­ gesting that Guillaume Sessouma had died under torture: later in the year, Amnesty International received information which confirmed this, although the government Nineteen alleged government opponents, continued to maintain that he had escaped. including possible prisoners of conscience, Eight of the prisoners had been released by were held throughout 1990 fo llowing their September, four of them provisionally, but arrest in December 1989. Eight others the others remained in custody. Their cases arrested at the same time were released had been referred to the courts and pre­ and fo ur were officially said to have trial judicial proceedings began in March, escaped: one of these, however, was but no trial date had been set by the end reported to have died in detention under of 1990. They were permitted access to torture. More than 40 other people were lawyers but were denied family visits until BURKINAFASO/B URUNDI

52 August. Neither Raymond Train Poda nor shot. Some of the students arrested in May Moumouni Traore had been fo rmally were also said to have been tortured, charged by the end of the year: it appeared although no details were available. that they, and possibly others, might be The cases of seven people sentenced to prisoners of conscience. death for criminal offences in 1989 (see Further political arrests occurred in Amnesty International Report 1990) were March and May. Lambert Ouedraogo and referred to the Court of Appeal in Aboubacar Traore were detained without Ouagadougou for a retrial. The outcome charge for five days in March at security had not b en reported by the end of the police headquarters in the capital, year. Ouagadougou. They were questioned about Amnesty International sought inform­ the distribution of documents produced ation from the government about those by the Parti communiste revolutionnaire arrested in De ember 1989. The authorities voltaj'que (PCRv), Revolutionary Communist said they would be tried according to the Party of Upper Volta (Burkina Faso was law. but did not respond to the organiz­ called Upper Volta before 1984). ation's repeated inquiri s about the charges Over 40 students were arrested by against them. Amnesty International also police in May after demonstrations at th pressed for the unconditional release of the University of Ouagadougou calling for students arrested in May, including those improved conditions and permission to forcibly conscripted into the armed forces. hold meetings of the Association natianale Amnesty International called on the des eludianls burkinabe (ANEB), National authorities to treat all prisoners humanely Association of BurkinabC Students. Among and to protect them from torture, in par­ those arrested was ANEB'S President, Seni ticular by ending the use of prolonged Konanda. At least 12 students were still incommunicado detention. In October it h'ld illegally without l.harge or trial at the called for an investigation into the death in cnd of the year. Eight of them were forcibly detention of Boukary Dabo and the death conscri pted into the armed forces and under torture of Guillaume Sessouma, but confined to barracks in PO, Dedougou and without response. Koudougou. In July the government denied that any students were being detained and saicl that the eight were undertaking obliga­ tory military service. At least fo ur others. BURUNDI however, were held incommunicado in detention centres in Ouagadougou: onc, Boukary Dabo, a medical student, was r ported in October to have died in deten­ tion, possibly as a result of ill-treatment. No inquest had been held by the end of the year. Several of the detainees arrested in December 1989 were reported to have been tortured or ill-treated. Tibo Ou c1raogo, an army officer, was said to have been kept handcuffed throughout the year. Following reports of their torture, the government sought to allay fears about the prisoners' safety: in January, representatives of a local human rights organization were invited to see them and in November they were pre­ Three people held without charge for one sented to the local press. week appeared to be prisoners of con­ During their det ntion in March, science. More than 60 political prisoners, Lambert Ouedraogo and Aboubacar Traore some of whom had been detained without were reportedly blindfolded, beaten on the trial since 1988, were released. Several back, stomach and genitals, and denied prisoners reportedly continued to be held food and water while under interrogation. in deliberately harsh conditions. An Aboubacar Traore was also allegedly taken amnesty announced in August resulted in into a courtyard and told that he was to be the commutation of all death sentences. BURUNDI

In April a government commission com­ serious intercommunal disturbances. They 53 pleted preparation of a draft charter of were said by the authorities to have been national unity, which was presented to the involved in intercommunal killings, but nation by President Pierre Buyoya in May. none of them was ever charged or brought It proclaims every citizen's right to person­ to trial. Some appeared to be imprisoned al security, fundamental human rights and on account of their prominence in the Hutu equality with others. It was unanimously community, rather than because there was adopted at the end of December by an evidence of any involvement in violent extraordinary congress of Burundi's only offences. The amnesty also led to the legal political party, the Union pour le pro­ release of at least 15 soldiers and civilians gres national (UPRONA), Union for National arrested in March 1989, who had been Progress. The congress elected an 80- accused of conspiring against the govern­ person UPRONA Central Committee, com­ ment (see Amnesty International Report posed of members of the Hutu and Tutsi 1990). ethnic groups, replacing the military com­ At least four people were reported to mittee which had ruled Burundi since have been severely beaten at the time of President Buyoya came to power in Sep­ their arrest, during a violent assault in tember 1987. The charter was expected to August on Mabanda military camp by an be submitted to a referendum in early armed group which had apparently 1991. President Buyoya stated that a new infiltrated the country from Tanzania. At constitution would be drawn up in early least seven people died in the attack. The 1991 and that the electorate would eventu­ four were still held without charge or trial ally be allowed to choose between the in Rumonge prison at the cnd of 1990. existing one-party state and a multi-party Two untried political detain cs died in political system. custody in mid-1990: one had been arres­ On 9 May Burundi acceded to the Inter­ ted in connection with the intercommunal national Covenant on Civil and Political disturbances in August 1988 and the other Rights and to the International Covenant in connection with the alleged conspiracy on Economic, Social and Cultural Rights. against the government in March 1989. The Three people arrested and detained for authorities attributed their deaths to natu­ one week in February appeared to be pris­ ral causes, but other sources suggested that oners of conscience. Albert Nsezeye, a lay ill-treatment at the time of their arrests and preacher from Gisuru in Ruyigi provin e, harsh conditions of imprisonment may was arrested with two others apparently have contributed to their deaths. Neither because he had typed a letter to the Minis­ was the subject of an inquest. ter of the Interior on behalf of villagers in Three former government ministers Gisuru. They were complaining about imprisoned for corruption after the coup alleged embezzlement by a local govern­ which brought President Buyoya to power ment official. When they were released, the continued to be held in deliberately harsh three were required to pay a fine on the conditions (see Amnesty International grounds that they had distributed tracts, Report 1990). They were kept in isolation although they had been neither charged cells and d nied regular contact with their nor tried. fa milies. A number of political prisoners were At the time of the August amnesty Pres­ released. In January the last of some 20 ident Buyoya commuted all death sen­ Jehovah's Witnesses who had been arrested tences to life imprisonment; the number of in mid-1989 (see Amnesty International sentences commuted was not announced. Report 1990), were freed. In April Manara Amnesty International did not learn of any Elonga Nsamba, a Zairian national held new death sentences imposed during the since June 1989 for allegedly possessing year and no executions were reported. "anti-government" tracts, was released. All Amnesty International welcomed the had been held without charge or trial. releases of uncharged political prisoners In August President Buyoya announced and the commutation in August of all an amnesty on the eve of a visit to Burundi death sentences. In response to inquiries by Pope John Paul IT. Among those freed from Amnesty International, the gov­ were over 40 members of the Hutu ethnic ernment said that the deaths of the two group who had been arrested in August political detainees were due to natural and September 1988 in connection with causes. CAMBODIA

54 They included Ung Phan, the Minister of Transport and Telecommunications, Thun CAMBODIA Saray, the acting Director of the Institute of Sociology, and Khay Mathury, an architect and fo rmer army lieutenant-colonel. They had reportedly written and attempted to publish the charter of a new political party. No charges were known to have been brought against them by the end of the year. According to official media reports, 775 political suspects were detained by the police and military forces between January and August, mainly in the western provinces. They were alleged to have been involved in the activities of the armed coalition opposing the government. Some apparently remained in detention without charge or trial at the end of the year but no At least six people arrested in May and details of these cases wer known to have still held at the end of the year were been made public. There was no new believed to be prisoners of conscience. information on the fate of political suspects More than 200 political prisoners arrested whose detention was reported in the in previous years were believed to be held, official news media in 1989 (sce Amnesty either without charge or trial or after International Report 1990). However, unfair trials, and the situation of more Amnesty international learned of the than 700 others was not known. New names of 213 political prisoners arrested info rmation was received about the between 1979 and 1988 and believed still alleged torture of political detainees in held without trial or after unfair trials. 1989. Guerrilla forces fighting the Phnom Three former political prisoners who Penh government reportedly detained and had b en held in 1989 fo r suspected summarily killed members of their own involvement in armed opposition to the armed forces as well as captured civilians. Phnom Penh government in Sisophon, The Government of the State of Cambo­ capital of the northwestern province of dia, headed by Chairperson of the Council Banteay Meanchey, alleged that they were of Ministers Hun Sen. maintained its oppo­ tortured in detention by local security si tion to the establishment of political par­ authorities. Two of them, both rice fa rmers ties other than the ruling Kampuchean from Thmar Puok district, were reportedly People's Revolutionary Party ("PR!') despite detained by soldiers in early 1989 and provisions in fa vour of the "right to set up handed over to the police in Sisophon. associations" in the 1989 Constitution. They said they were held without charge or The government continued to face trial for more than onc year during which armed opposition from the guerrilla forces they were tortured three times about their uf the National Government of Cambodia alleged links with locally active guerrilla (NGe), formerly known as the Coalition forces. They said t hey were shackled by the GovernmEmt of Democ.ratic Kampuchea. [t hands and feet and severely beaten, ami in comprised the Par/if' of Democratic one case denied "reasonable amollnts" of Kampuchea (the "Khmer Rougo") and two food and water for over four months, in an other groups. A framework for thr. settle­ attempt to ma!"e them confess to planting nHmt of the Cambodian conflict put for­ land mines and acting as guides for ward by the five permanent members of the the guerrillas. The third former political United Nations Security Council contained prisoner said he had boen shackled by both provisions on safeguards for human rights, fe t and both hands during three months' but these appeared to be inadequate. detpntion at the Corrections Offices of Mili­ [n Phnom ['eJlh, six government tary Region 4 in western Cambodia after he officials and pussibly other people were was arrested in late IH8H. reportedly detained in May in connec;tion Opposition guerrilla fo rces operated with attempts to form a political party. near the Thai border and staged attacks on CAMBODINCAMEROON

lines of communication deep r inside submit a list of prisoners of concern to the 55 Cambodia. In one train attack in July, guer­ organization. The organization proVided rilla forces said to belong to the "Khmer the names of the 213 political prisoners Rouge" reportedly captured and subse­ known to it and asked the Cambodian Gov­ quently murdered about 26 civilian passen­ ernment to name and indicate the where­ gers on a train travelling from Batdambang abouts of hundreds of political prisoners to Phnom Penh. reportedly detained in r cent years. It fur­ Thirty members of the "Khmer Rouge" ther called for investigations into allega­ armed forces were reportedly detained and tions that detainees held in Sisophon had summarily executed on 27 July in an area been tortured. known as Zone 1003 in northern Cambo­ In November Amnesty International dia, after "Khmer Rouge" military police wrote an open letter to governments accused them of leading a movement involved in the peace process and to the demanding greater personal and economic Cambodian parties them elves, highlight­ freedoms in accordance with earlier ing the organization's concerns about polit­ "Khmer Rouge" statements. Six of those ical prisoners, torture, executions and the killed, including Buntheuan, the chairman need to bring to justice those responsible of a company of Division 616 special for human rights violations. Amnesty Inter­ forces, were reportedly shot dead in their national urged that human rights provi­ beds at dawn on 27 July. The other 24 were sions in the peace settlement should be reportedly taken to a nearby forest and exe­ strengthened and that they should provide cuted. The 30 victims had apparently been for political prisoners to be either released named in "confessions" extracted by mili­ or given a new and fair trial. Amnesty tary police interrogators from ome of the International added that information about 70 people detained in underground cells in political prisoners should be made public Choam Sla, in Zone 1003, and allegedly and urged that appropriate international severely ill-treated. and non-governmental organizations be In eptember Amnesty International granted access to such prisoners. wrote to leaders of the NGe guerrilla forces to express grave concern about the reported killings of train pa sengers by "Khmer Rouge" forces. It reiterated its call for those CAMEROON responsible for the killing of prisoners to be brought to justice. In December the organ­ ization wrote to NGC leaders to express concern about the reported summary exe­ cution of 30 members of the "Khmer Rouge" armed forces and to urge an ind - pendent and impartial investigation, the results of which should be made public. In March the Phnom Penh government wrote to Amnesty International indicating its agreement in principle to the organiz­ ation's long-standing request to visit the country. It promised to set a date for the visit, but had not done so by the end of the year. In September Amnesty International expressed its concern to the Phnom Penh At least 21 prisoners of conscience had government about the May arrest and been released by the end of the year. Oth· detention of government officials. It called ers remained imprisoned. Over 140 other on the authorities to make public their political prisoners, including prisoners of whereabouts and either to ch arge them conscience, were also released, although with recognizably criminal offences or most were placed under restriction orders. reiea e them. At least 80 others remained in prison In October and November Amnesty despite an official undertaking to release International answered a request by the them. At least three prisoners of Phnom Penh Ministry of Foreign Affairs to conscience were reportedly tortured or CAMEROON

56 ill-treated. Several government opponents Isidore Nkiamboh was released in June were killed in suspicious circumstances. after more than five years' detention with­ Eight death sentences were passed but out charge or trial. He was apparently no executions were known to have been arrested in April 1985 after entering carried out. Cameroon with a letter to President Biya Several laws were amended or replaced requesting registration for the Cameroon in December which maintained the govern­ Democratic Party (cop), an opposition ment's powers under previous laws to group based abroad. Three other people imprison its critics. Broad powers of arrested in September 1990 for allegedly administrative detention were maintained bringing COP documents into the country without any safeguards against arbitrary were released uncharged after about three imprisonment. A state of emergency could weeks. still be imposed by decr e without control Djeukam Tchameni Dominique, a com­ by the legislature or the judiciary. Special puter company director who had been military courts to try political cases were arrested in November 1988, was convicted replaced by a special State Security Court, of importing subversive material and sen­ whose judges were still to be appointed by tenced to three years' imprisonment by a the government and which allowed no special military court in March. He was right of appeal. Three new political released unconditionally in August. offences were created, all punishable by In April President Biya announced that long prison sentences, concerning the all prisoners still held in connection with a spreading of fa lse information and incite­ coup attempt in April 1984 would be ment to revolt and rebellion. released. This announcement was made At least 21 people were prison rs of shortly after Amnesty International had conscience during 1990. Yondo Black, for­ publicized reports that two political pris­ mer pre ident of the Cameroon Bar Associ­ oners had died in custody in D cember ation, and Anicet Ekane. a company 1989 as a result of torture or ill-treatment. director, were arrested in February. In At least 140 prisoners were reported to April they were sentenced to three and have been fr ed but the authorities did not four-year prison terms respectively for identifythose who wer released. Most had attending meetings to discuss multi-party been held in administrative detention after democracy and the formation of a new completing prison sentences. Others had political party. They were tried by a special been detained either without trial or after military court with nine other civilians, being acquitted in 1984 of involvement in including one in absentia. The other defen­ the coup attempt. dants received suspended prison sentences Suzanne Lecaille and Issa Tchiroma, or were acquitted. Details of the charges - who had been acquitted in 1984, were subversion and showing contempt for the released unconditionally. At least 18 of Head of State - were withheld throughout those released, and possibly many more, the trial, and no convincing evidence was were forbidden to leave their home areas brought to justify the convictions. At least without official authorization. Many had three of the defendants were reportedly tor­ become ill due to harsh prison conditions: tured or ill-treated; Anicet Ekane said that Haman Toumba and Jean-Piorre Dia, who he had been stripped, beaten and forced to were administratively detained after com­ stand without food and water for two days. pleting five-year sentences, were both Yondo Black and Anicet Ekane were freed reportedly deaf and blind when they left in August fo llowing an announcement in prison and Haman Toumba was barely able July by President Paul Biya that all politi­ to walk. cal prisoners were to be released. At least 80 prisoners held in connection Other prisoners of conscience were with the coup attempt, including possible released. They included Samuel Zeze, prisoners of conscience, were believed to released in July, who had b en held with­ be still held at the end of 1990. Of these, out charge or trial almost continuously about 60 w re still s rving prison sen­ since December 1985 for allegedly dis­ tences of 10 years or more, imposed after tributing literature on behalf of the opposi­ unfair trials before special military courts tion Union des populations du Ca meroun in 1984. At least 20 others remained in (upc), Union of Cameroonian Peoples (see administrative detention; they included Amnesty InternationalReport 1990). Paul Da'issala Dakole, a senior transport CAMEROON/CANADA official detained without charge or trial known to have taken place. 57 since 1984, and Ahmadou Alfaki, a police Amnesty International appealed for the officer rearrested following his acquittal in release of prisoners of conscience and for 1984. a review of the cases of those in adminis­ Following the deaths of two prisoners at trative detention or imprisoned after unfair Yaoundtfs Central Prison in December trials. In July it published a report, 1989 (ee Amnesty International Report Cameroon: Imprisoned for Advocating a 1990), new information was received sug­ Multi-party System - the Yondo Black gesting that as many as 26 political prison­ Affair, which described the trial of Yondo ers had died b tween 1984 and 1989. Most Black and others as a travesty of justice. were reportedly untried detainees held in Amnesty International also called for an connection with the 1984 coup attempt official inquiry into all deaths of prisoners, who had died from malnutrition, disease for major improvements in prison condi­ and medical neglect. One, Moudio Hildina, tions, and for the commutation of death a former government official, had apparent­ sentences. Announcing the release of ly been paralysed for years before his death Yondo Black and others in July, President in June 1989 as a result of being denied Biya said that Amnesty International was medical treatment. He had remained in welcome to visit Cameroon. However, prison despite completing a two-year efforts by Amnesty International to follow prison sentence imposed in 1984. Neither up this invitation had received no response his death nor those of other political pris­ from the government by the end of 1990. oners were the subject of inquests. Several government opponents were killed in suspicious circumstances, accom­ CANADA panied by allegations of official complicity. In April Pierre Bouobda was shot dead by security police. He was one of 200 lawyers who had nominally joined Yondo Black's defence team and was questioned by police shortly before his death. Witnesses alleged that he was followed and killed by police officers who subsequently tried to make his death appear to be the result of an armed robbery. Following protests, it was announced that investigations involving several police officers had been opened, but none was known to have been charged by the end of 1990. A cover-up was also alleged after six supporters of a new opposition political Several Mohawk Indians were allegedly ill· party, the Social Democratic Front (SDF), treated by the Quebec police after their were shot dead by the security forces in arrest during an armed confrontation fo l­ May at an unauthorized rally in Bamenda. lowing from a land dispute. Extradition Government-employed journalists later proceedings were started in the case of a said that they had been made to report prisoner charged with murder in the Unit­ falsely that the six had been killed in the ed States of America (USA) whose laws pro­ crush of the crowd. Some sources also vide for the death penalty. alleged that two women students were Conflict broke out in Quebec in early raped and killed by the police following July between Mohawk Indians and the subsequent clashes between student sup­ Canadian authorities over a land dispute. porters of the SDF and the security forces in Armed Mohawk Warriors erected a block· Yaounde, although Amnesty International ade in the town of Oka, near Montreal, in was unable to verify this. Hundreds of stu­ protest at the town's proposals to extend a dents were briefly detained and reportedly golf course on to ancestral land claimed by ill-treated. the Mohawk Nation. The conflict escalated Eight death sentences were imposed on 11 July when armed provincial police during the year for attempted murder and tried to storm the barricades using tear-gas; aggravated theft. No executions were a police officer was killed during the CANADA/CENTRAL AFRICAN REPUBLIC

58 confrontation. In the following weeks, sev­ eral hundred Mohawks held out behind bar­ ricades. Following negotiations with the CENTRAL AFRICAN federal and provincial governments, and after the federal government had promised REPUBLIC to buy the disputed land for the Mohawks, most of the barricades were dismantled peacefully in the presence of international observers in late August and early Sep­ tember. The conflict ended on 26 September when the last remaining group of 20 Mohawk Warriors and some 30 Mohawk women and children surrendered to the Canadian army. This fo llowed federal gov­ ernment assurances that it would consid r the Mohawks' grievances and speed up land claims. The army had been brought in on 1 September with the stated aim of maintain­ ing the peace as tension mounted between the Mohawks and the provincial police and At least 37 pro-democracy activists were local population. arrested; 25 were still being held but had Several Mohawks arrested during the not been tried at the end of the year. Most dispute alleged that they were ill-treated by appeared to be prisoners of conscience. the Quebec police in late August. Some More than a dozen other suspected gov­ claimed that they wew initially denied ernment opponents arrested in previous access to lawyers. There were also allega­ years, including prisoners of conscience, tions that Mohawks were ill-treated by remained in detention without trial, One police officers while detained at a military was reportedly beaten and ill-treated. base in late Septemher. About 100 Indians Three prisoners remained under sentence involved in the conflict were charged with of death. No death sentences were known offences which included possession of to have been imposed or carried out in un lawful weapons and participation in a 1990. riot. Most were released on bail after their The government faced increasing pres­ initial appearance in court. sure for political reform and multi-party An Amnesty International representative democracy but maintained that all shades visited Montreal in November to collect of political opinion were being accommo­ information on the allegations of ill-treat­ dated within the ruling Rassemblement ment. Amnesty International was still inves­ democratique centrafricain (ROC), Central tigating the allegations at the end of the African Democratic Alliance, the only year. political party allowed by the Constitution. Lee Robert O'Bomsawin, an American In May more than 200 people signed an Indian, faced possible extradition to the open letter to President Andre Kolingba, state of Florida, USA, on a charge of first­ calling for a national conference to discuss degree murder. If convicted, he could be the introduction of a multi-party system. A sentenced to death. In September 1990, 313 Comite de coordination pour la convoca­ people were on death row in Florida. The tion de la conference nationaie (CCCCN), state carried out 25 executions between Coordination Committee for the Convening 1976 and December 1990. of a National Conference, was formed in Amnesty International wrote to the mid-May by the leading advocates of multi­ Canadian Minister of Justice in April party democracy. In June the CCCCN pub­ requesting that Lee Robert O'Bomsawin not lished a memorandum calling for an end to be returned to Florida unless the state one-party rule. offered assurances that he would not be sen­ Twenty members of the C;CCCN were tenced to death. The minister replied that arrested on 12 September, when a meeting all submissions made on Lee Robert O'Bom­ called to plan a national conference was sawin's behalf would be considered before broken up by the security fo rces. Among any decision on extradition was made. those arrested were two fo rmer prisoners of CENTRAL AFRICAN REPUBLIC/CHAD conscience: Abel Goumba. a former vice­ out charge or trial and were held incom­ 59 president and leader of the Front patrio­ municado. One of the detainees. General tique oubanguien-Parti du travail (FPo-PT). Franvois Bozize. was reportedly beaten Oubangui Patriotic Front-Labour Party; severely and ill-treated in July; the author­ and Aristide Sokambi. President of the ities said he had tried to escape. General CCCCN. At least 17 more arrests were made Bozize's brother. Honore Cocksiss in the days after a peaceful CCCCN meeting Ouilebona. and several others who were on 13 October; the meeting was fo lowed arrested in late 1989 as suspected political by violent demonstrations in which around supporters of the General. also remained in 40 people were injured. At least four CCCCN detention throughout 1990 without being members were among the 17 people arres­ charged. ted. including Thomas Koazo. a journalist Three people convicted in 1982 and former prisoner of conscience released remained under sentence of death (see in September 1989 (see Amnesty Interna­ Amnesty International Report 1990). tional Report 1990), and General Timothee Amnesty International did not learn of any Malendoma. a former army officer. All of new death sentences or executions during those arrested on 12 September and five of the year. those arrested on 13 October remained Amnesty International appealed for the held; the 25 detainees were charged with release of pro-democra y activists and state security offences but none had been other prisoners of conscience. and sought tried by the end of the year. information about other political detainees In July Maltre Nicolas Tiangaye. a held without trial. Amnesty International lawyer supporting the CCCCN campaign. called for an inquiry into allegations that was officially restricted from leaving the General Bozize had been beaten and urged capital. Bangui. by the Minister of Public the authorities to take steps to protect all Security while disciplinary proceedings prisoners from beatings and other ill­ against him were being considered. The treatment. and to allow prisoners regular restrictions were imposed after he criti­ a cess to their families. doctors and cized the army in a way which the author­ lawyers. ities apparently considered seditious. The Justice Minister said the restrictions were unlawful; as a result he was dismissed from office. The restrictions on Nicolas CHAD Tiangaye were lifted in 0 tober. when a panel of judges acquitted him of profes­ sional misconduct. Untried political detainees arrested in previous years continued to be held. They included Jacques Ngoli. who was arrested in May 1987 apparently for helping to draft a tract which criticiz d the government. and Jeanne-Marie Ruth Rolland. a fo rmer prisoner of conscience (see Amnesty Inter­ national Reports 1989 and 1990). Jeanne­ Marie Ruth Rolland was arrested in December 1989 after refusing to move out of the way of a government motorcade. She was initially held at the Bangui head­ quarters of the paramilitary Compagnie Na tionale de Securite. national security More than 300 political prisoners were agency. where she was kept handcuffed extrajudicially executed shortly before the and reportedly denied medical treatment. government of President Hissein Habre In mid-1990 she was moved to an undis­ was overthrown on 1 December. Hundreds closed place of detention. of others, including prisoners of con­ Twelve political opponents of the gov­ science, survived and were released. They ernment. who were forCibly returned from had all been held without charge or trial Benin in 1989 (sec Amnesty International in secret detention centres where condi­ Report 1990), remained in detention with- tions were harsh and torture was frequent. CHAD

60 Many had effectively "disappeared". Re­ Several hundred political prison rs leased prisoners said that hundreds had were released on 1 December following the died in prison, with several deaths from MPS take-over. They had been detained at starvation occurring each day. Dozens of various s cret detention centres in N'Dja­ other extrajudicial executions by President mena. Many had been held at a converted Habre's troops were reported before the swimming pool, where torture was fre­ change of government. quently used. Other prisoners were found Armed clashes in eastern Chad contin­ alive at a house us d by the former interior ued until the end of November between minister and at other secret detention government troops and insurgents belong­ centres. ing to the Mouvement patriotique du salut Fewer than 20 of the more than 200 (MPS), the Patriotic Front for Salvation, a people known to have been arrested in coalition of armed opposition groups led 1989 were among those released (see by Idriss Deby, a former army commander. Amnesty International Report 1990). The President Habre and other senior govern­ others, who were memb rs of the Zaghawa m nt officials fled Chad on 1 December community, as well as several hundred after military victories by the MPS. Idriss members of the Hadjerai' community arres­ Deby appointed himself President of Chad ted in 1987, had apparently died or been and installed a new government. However, killed in detention. Released prisoners said the situation remained uncertain. Ther that hundreds of people had been secretly were attempts on the lives of two new gov­ executed in 1987 and 1989, in many cases ernment ministers, and one army officer, at Pr sident Habre's headquarters. The vic­ Gabaroum Demtita, was reportedly arrested tims incl uded 11 brothers of Ilassan and killed by members of the security er­ Fadoul, a senior MPS official who became vice in late December. Minister of Planning and Cooperation in Before the MPS take-over, President the new government in December, and Habre's government continued to be Ahmed Dadji, the director of a state com­ responsible for gross human rights viol­ pany. Others were said to have died as ations including arbitrary arrests, s cret a result of torture, malnutrition or illness, detention, torture and extrajudicial execu­ in the absence of medical care. Released tions. As one of their last acts before Presi­ prisoners said that there were usually dent Ilabre fled th country, members of several prisoners' deaths each day due to his Presidential Guard extrajudicially exe­ tarvation. cuted more than 300 political prisoners in Before losing power, President Habre's the capital, N'djamena. The victims had government had refus d to account for been secretly detained at the President's those arre ted or to disclose any inform­ headquarter . Some of their bodies were ation about them. apparently thrown into the Chari river, People arrested in 1990 before the MPS but many others were found in the head­ take-over were subjected to torture and to quarters. brutal beatings and whippings during Gross and persistent abuses of human interrogation. Some were tortured with rights had taken place under President electric sho ks to sensitive parts of the Habre's rule despite the adoption by refer­ body. Others had two sticks tied together endum in December 1989 of a new consti­ with cords along the sides of their heads; tution containing strong human rights the cords would then be twisted, causing guarantees. Released prison rs alleged that severe pain and bleeding from the nose. the former president had been directly President Habr 's force were respon­ involved in the day-to-day workings of the sible for dozens of extrajudicial executions Direction de la documentation et de la in March after r capturing the eastern securiM, the Directorate of Documentation towns of Bahai and Tine, after they had and Security, the security service which been briefly occupied by the MPS. Dozens of was responsible for holding political pris­ government soldiers who had been held oners and had a record of severe human prisoner during the MPS occupation were rights violations. No political detainees reportedly executed extrajudicially by had been charged or brought to trial, or Chadian army officers, apparently because even allowed to challenge their detention their failure to hold the towns against the in the courts or elsewhere since President MPS was attributed by the government to a Habre came to power in 1982. lack of will to fight. The victims were said CHAD/CHILE to be mostly southerners from the Mayo In March Amnesty International pub­ 61 Kebi prefecture. lished a detailed account of its concerns, Government soldiers reportedly crossed Chad: Political Prisoners Held in Secret - the border in March and took seven Calling the Government to Account. wounded insurgents from their hospital Following the change of government beds in Kutum, Western Sudan, and sum­ in December, Amnesty International wel­ marily executed them. In April, 24 civil­ comed the release of political prisoners ians were reportedly arrested, tortured and and urged the new authorities both to extrajudiCially executed by government establish an inquiry into the cases of forces who recaptured the town of Iriba "disappeared" prisoners and to introduce after it had been occupied by the MPS. strong safeguards for the future protection Those killed included Take Hissein and of human rights. In response, the new gov­ Noura Markou, two sisters-in-law of Idriss ernment said it had dissolved the political Deby. police and released all political prisoners, At least nine people were arrested and that no one would be detained in the in August, after leaflets criticizing the gov­ future because of their opinions. ernment and calling for democracy in Chad were circulated in N'Djamena. They included Gatta Gali Ngothe, a lecturer and former adviser to President Habre. Joseph CHILE Madjimbang, a former ambassador, and Laoukein Bard6, an army officer. They were all held incommunicado and without charge or trial at secret detention centres .. until they were freed in December follow­ ing the change of government. Dozens of refugees who had voluntarily returnedto Chad, some with the assistance of the United Nations (UN) High Commis­ sioner for Refugees, were arrested shortly after their return and either secretly detained without charge or trial, or killed by government forces. They included Dai'enhl Gabriel, a trader, Anhoul Jean, a former local government official, and Metel Ernest, a priest, all of whom were report­ edly arrested and extrajudicially executed by government soldiers only a month after Shortly after the civilian government of they returned in July after living for several President Patricio Aylwin took office in years at a refugee camp in northern March, a commission was set up to inves­ Cameroon. tigate human rights violations committed Amnesty International repeatedly urged during more than 16 years of military rule. President Habre's government to release On the basis of an amnesty law passed in prisoners of conscience and called for 1978, the Supreme Court ruled in August urgent official clarification of the fa te that cases of human rights violations com­ and whereabouts of people who had mitted before 1978 could be closed before "disappeared" or were believed to be they had been properly investigated. Mili­ secretly detained. Amnesty International tary courts used the amnesty law to close also pressed the government to stop torture investigations even as further evidence of and extrajudicial killings, and introduce the involvement of members of the army full safeguards to prevent such abuses. and security forces came to light. Most [n February Amnesty International sub­ cases not covered by the amnesty law mitted information about its concerns in remained unresolved, although limited Chad for UN review under a procedure progress was reported in some investiga­ established by Economic and Social Coun­ tions. At least three journalists were cil Resolutions 728F/1503, for confidential briefly detained on the orders of the mili­ consid�ration of communications about tary courts for writing articles discussing human rights violations. the role of the armed forces in past human CHILE

62 rights violations. Forty-nine prisoners con­ investigations into past human rights victed of politically motivated offences violations. received a presidential pardon but around A dissident faction of the extreme left­ 230 political prisoners whose trials were wing group, the Frente Patri6tico Manuel marked by serious irregularities remained Rodrfguez (FPMR), Manuel Rodrfguez Patri­ in prison at the end of the year. Alle­ otic Front, remained active. It claimed gations of torture and ill-treatment were responsibility for the attempted assassina­ reported. although significantly fe wer than tion in March of General Gustavo Leigh, a in previous years. Nine political prison­ fo rmer commander of the air force, and for ers remained under recommended death the death in May of a former member of the sentences. security forces. The Movimiento Juvenil One of the most important human rights Lautara, Lautaro Youth Movement, an initiatives taken by President Aylwin was armed group with unclear origins, claimed the creation in April of the Comisi6n Nac­ responsibility for numerous bombings and ional de Verdad y Reconciliaci6n. National the deaths of s veral carabineras (uni­ Commission for Truth and Reconciliation. formed police officers). The Commission was charged with gather­ In August Chile ratified the American ing information to establish the truth Convention on Human Rights. The govern­ behind cases of "disappearance", illegal ment also withdrew all but one of the execution and death resulting from torture important reservations of the former carried out by agents of the state, as well as administration to the United Nations Con­ death resulting from politically motivated vention against Torture and Other Cruel, acts of violence by private individuals, Inhuman or Degrading Treatment or Pun­ between September 1973 and March 1990. ishment. It withdrew re ervations to the The Commis ion was also mandated to rec­ Inter-American Convention to Prevent and ommend measures aimed at preventing the Punish Torture and recognized the compe­ recurrence of human rights violations and tence of the Human Rights Committee to to advise on reparations to victims. The examine inter-state complaints under Arti­ scope of its responsibilities did not include cle 41 of the International Covenant on investigating hundreds of complaints of Civil and Political Rights. torture presented to the courts in past In August the Supreme Court upheld years. The Commission had no formal legal the decision by lower tribunals to use the powers but transmitted information on 1978 Amnesty Law to close a case that cas s within its mandate to the courts for originated in 1978 with a criminal com­ judicial investigation. The Commission's plaint against senior members of the Direc­ report was expected to be presented to ci6n de InteJigencia Nacional (OINA) , President Aylwin in early 1991. Directorate of National Intelligence, con­ The government took other measures to cerning their responsibility for the "disap­ address the legacy of past human rights pearance" of 70 people between 1974 and violations. For example, it proposed 1976 (see Amnesty International Report reforms which aimed to guarantee the 1990). The intelligence agency, formally right to a fair trial and eliminate the death disbanded in 1978, was implicated in a penalty. significant number of "disappearances" in The scope of the government's human the 1970s. The court's ruling established a rights initiatives was limited by factors legal precedent which undermined hopes inherited from the previous government. that the fate of the victims would be The 1980 Constitution, for example, clarified and that those responsible for en ured the continuing presence of the for­ human rights violations before 1978 would mer president, General Augusto Pinochet, be brought to justice. as Commander-in-Chief of the armed forces Other cases were closed by the military and enabled the Pinochet administration to courts on the basis of the 1978 Amnesty appoint nine senators to the Congress, Law. They included that of Dr Claudio reopened in March for the first time since Tognola Rios, who "disapp ared" follow­ the 1973 military coup. This prevented the ing his detention by a military patrol in elected civilian government from achieving 1973. His remains, discovered with those a Senate majority. The Supreme Court, of other victims in a disused mine in composed of judges appointed during the Tocopilla, northern Chile, were positively military government, continued to curb identified in November. The remains of CHILE other "disappeared" prisoners were iden­ in the year. The government announced 63 tified after being discovered in secret proposals to modify legislation that had graves. The victims included Vicente Aten­ seriously undermined the right to a fair cio Cortes, a former member of the House trial of prisoners charged with politically of Deputies, and Eduardo Canteros Prado, motivated offences. The majority faced who both "di appeared" following their legal proceedings in military courts on arrest by the D1NA in 1976. charges of membership of armed opposi­ The military courts successfully con­ tion groups or of armed offences. The pro­ tested the competence of a civilian court to posed reforms included provisions to conduct investigations arising from the dis­ prevent statements extracted under torture covery of a clandestine grave in Pisagua, from being used as evidence, to reduce northern Chile, leaving little prospect that penalties for politically motivated offences, investigations would continue. Political to transfer cases to civilian courts, and to prisoners were held by the army at a camp restrict the jurisdiction of military courts to set up in Pisagua after the 1973 military military offences. Some of the proposals coup and some illegal executions were car­ were blocked in the Senate, although pro­ ried out there. At least 18 of the bodies visions were eventually approved to allow were identified. President Aylwin to pardon a number of Most cases of human rights violations political prisoners still detained. At the not covered by the 1978 Amnesty Law end of 1990 the reforms were still under remained unresolved. However, some discussion and the situation of about 230 progress was reported in a few investiga­ political prisoners, many still awaiting tions by civilian court judges, such as an judgment after long delays in their trials, investigation reopened in July into the remained unresolved. 1982 murder of trade union leader Tucapel At least 17 people, some of them Jimenez. He was killed in circumstances charged with politically motivated offen­ that suggested the involvement of members ces, alleged that they were tortured or ill­ of the Central Nacional de Informaciones treated while in police custody. Eight or (CNl), the state security police. The CNl, more of these cases reportedly occurred in which was disbanded in February, had the Third Police Station of the carabineros been accused of participating in serious in the capital, Santiago. Alvaro Rodriguez human rights violations, including extra­ Escobar, for example, was arrested in judicial executions and torture. August and held for seven days before his In September three journalists were transfer to prison. He was reportedly sub­ arrested on the orders of military courts on jected to electric shocks and other methods charges of "offending the armed forces" oftorture. because they had written articles dis­ In January the Military Court of Appeal cussing the role of the armed forces in past commuted the death sentences of Juan Dfaz human rights abuses. Juan Pablo Cardenas Olea and Cristian Vargas Barahona to life was released unconditionally in October imprisonment. They had been sentenced to when the Military Court of Appeal revoked death by a military judge in 1989 following the charges against him. The other two, a trial marked by serious judicial irregulari­ Juan Andres Lagos and Alfonso Stephens, ties (see Amnesty International Report were released on bail. About 30 journalists 1990). A government bill calling for elimi­ continued to face legal proceedings in the nation of the death penalty was rejected by military courts at the end of the year, most the Senate in December. Death sentences of them on charges of "offending the armed recommended by the prosecution in 1989 forces" or "offending the carabineros". continued to stand against nine political Charges pending since 1986 against Dr prisoners. Ramiro Olivares and Gustavo Villalobos of In meetings with President Aylwin and the Vicaria de la Solidaridad, Vicariate of senior government officials in October, Solidarity, a church human rights organiz­ Amnesty International welcomed the meas­ ation, were dropped by the Supreme ourt ures adopted by the administration but in June (see Amnesty International Report urged that every effort be made to thor­ 1990). oughly investigate past human rights vio­ Forty-seven convicted political prison­ lations and to bring those responsible to ers were granted a presidential pardon in justice. Amnesty International also called March and two others were pardoned later for the release of the detained journalists CHILE/CHINA

64 and for a thorough review by civilian January. In Lhasa, capital of the Tibet courts of the proceedings against remaining Autonomous Region (TAR), where it had political prisoners under conditions that been in force for 14 months, it was lifted guaranteed a prompt, full and impartial on 1 May. However, the police and security hearing. In addition, Amnesty International forces retained extensive powers of arbi­ expressed concern at the cases of torture trary arrest and detention without trial reported during the year; the government under regulations in force throughout the informed the organization that investiga­ country. Public meetings and demonstra­ tions would be opened into any case tions remained severely restricted under brought to its attention. Amnesty Interna­ legislation which came into force after tional called for the abolition of the death the June 1989 crackdown on the pro­ penalty. In December, at the invitation of democracy movement. No public inquiries the National Commission for Truth and were known to have been carried out into Reconciliation, Amnesty International sub­ the killings of unarmed civilians by gov­ mitted a series of recommendations for pre­ ernment forces in Beijing and Lhasa in venting the recurrence of human rights 1989. violations in Chile. According to the government, 881 untried political detainees arrested since June 1989 were released in the first half of 1990. They were freed in three groups, but CHINA the identities of only 11 were officially dis­ closed. Prisoners of conscience were among those released. Hundreds of people arrested in connec­ tion with the 1989 protests remained in prison throughout 1990, but the fate of thousands of others remained unknown. The authorities stated that 881 people had been released and 355 were still in pre-trial detention in Beijing in mid-1990. However, they did not disclose how many had been detained in Beijing or nationwide, nor how many had been tried or assigned to labour camps without trial. Released detainees confirmed that thousands had been arre - ted in Beijing alone. Students, workers and others who had not played a major role in the protests were Hundreds of prisoners of conscience reportedly sent to labour camps under a remained in prison throughout 1990, law on "re-education through labour" including many detained without charge which permits detention without charge or or trial. There were many new arrests of trial for up to four years. An official at the political and religious activists, advocates Tuanhe "labour-re-education" camp, in of Tibetan independence and others. Some Beijing's suburbs, told foreign journalists government opponents were sentenced to in May that 300 "counter-revolutionaries" prison terms after unfair trials. Torture of had been sent to the camp after the June detainees by police and harsh conditions 1989 crackdown. According to unofficial of detention continued to be reported. A sources, other groups were sent to labour dramatic increase in the number of death camps furtheraway from Beijing. sentences and executions was recorded, Hundreds of political detainees were particularly after the launch in May of a also held without charge or trial in prisons new campaign against crime. Amnesty and detention centres throughout the coun­ International recorded over 960 death sen­ try. Officialsstated in June that 355 people tences, including 750 which were carried detained since June 1989 were still held out, but believed the true number was far "for investigation" in Beijing. Student lead­ higher. ers and intellectuals who had played a Martial law, in force for over six major role in the protests were held at months, was lifted in Beijing on 11 Qincheng, a maximum security prison for CHINA prominent political prisoners several miles and of publishing "subversive poetry". 65 north of Beijing. Over 100 of them were They were reportedly planning to publish a still held there without charge in May, collection of poems commemorating those according to a released detainee. killed in Beijing in June 1989. They were Prolonged detention without charge or still detained at the end of 1990. trial was facilitated by illegal practices Other arrests were unconnected with which had become the norm, and by regu­ the 1989 protests. Some reflected a tighten­ lations which permit administrative deten­ ing of the official policy on religion and a tion without judicial approval or review, continuing crackdown on independent contrary to provisions in the Constitution church groups. and Chinese law. Regulations on "shelter In north China, over 30 Roman Catholic and investigation" - which give police the priests, bishops and church members were authority to detain suspects without charge arrested in late 1989 and early 1990. They for renewable periods of three months - belonged to the "underground" church, were used frequently to detain people sus­ which remains loyal to the Vatican and pected of involvement in the protests. refuses to join the official church. Most had In November several dozen leaders of participated in the formation of a Chinese the 1989 protests were charged with Bishops' Conference, which declared its "counter-revolutionary" offences after being allegiance to the Pope, and they were still held for over one year without charge. They held without charge at the end of 1990. included student leader Wang Dan, who Liu Guangdong, the 71-year-old bishop of was charged with "counter-revolutionary Yixian in Hebei province and Chairman of propaganda and agitation". Two intellectu­ the Conference, and Su Zhemin, a priest, als, Wang Juntao and Chen Zirning, faced were accused of taking part in "illegal trial on the same charge as well as that of activities". They were administratively "conspiring to overthrow the government", "sentenced" in May to three years' "re­ which carries penalties from 10 years' education through labour". Further arrests imprisonment to death. The trials had not of dissident Catholics took place in several taken place by the end of 1 990. provinces during the year. In Tibet, the lifting of martial law in Members of independent Protestant Lhasa in May was followed by a decree groups were also detained and harassed by requiring prior police permission for any police. Some were released after short peri­ public assembly. New regulations prohibit­ ods, but others were still held at the end of ed the use of "religion or other activities" 1990. Those still held included XU Guox­ in "demonstrations or parades [which] ... ing, a preacher arrested in November 1989 endanger national unity or social stability". in Shanghai who was sent to a labour camp Buddhist monks and nuns were expelled without trial for three years' "re-education from monasteries and convents near Lhasa, through labour". He was accused of having particularly from April to July. Some were founded an independent "house-church" reportedly restricted to their village of without official approval. He was consid­ origin. ered a prisoner of conscience. Tibetans suspected of opposition to the Other prisoners of conscience held government continued to be arrested. throughout 1990 included people serving Agyal Tsering, a monk, was reportedly long prison sentences for their involvement held incommunicado for several weeks fol­ in the democracy movement of the late lowing his arrest in February in Qinghai 1970s, Tibetan advocates of independence province. He was later sentenced to 18 and people arrested for their religious months' imprisonment for allegedly print­ activities. ing and distributing a leaflet advocating In Xinjiang, over 6,000 people were Tibetan independence. At least nine nuns reportedly arrested and accused of and a monk arrested in Lhasa in August, "fomenting rebellion" after unrest in Baren apparently for chanting pro-independence Township. Although few details were slogans, were still held at the cnd of 1990. available, at least 50 civilians were appar­ Political and religious activists were ently killed by security forces in clashes also arrested elsewhere. Among those held when several hundred Muslim Kirghiz on a were 11 poets who were arrested in March pilgrimage were barred access to a mosque in Sichuan province and accused of by police. Official reports described the belonging to an und rground poets' SOCiety clashes as a "counter-revolutionary riot" CHINA

66 engineered by Muslim "separatists" and was reportedly severely beaten while held said that only 16 civilians and six police in ommunicado in police custody in officers had been killed. However, local Lhasa. Lhakpa Tsering, a student arrested television reportedly said that 50 civilians in late 1989 and accused of belonging to a and eight police officers had died. In Sept­ "counter-revolutionary" organization, was ember the aut horities in Xinjiang allegedly beaten to death in December announced regulations severely restricting in Drapchi prison, Lhasa. A doctor and religious activities. judicial officials reportedly examined his Some prisoners of conscience were con­ body at the request of his family, but no victed on "counter-revolutionary" charges formal inquest was reported by the end of and sentenced to prison terms. Chen 1990. Zhixiang, a Guangzhou teacher, received a In a report presented to the United 10-year sentence in January for allegedly Nations (UN) Committee Against Torture in displaying a slogan criticizing government April, the authorities acknowledged that leaders shortly after the 4 June 1989 mas­ torture still existed in China but gave no sacre. Li Haitao, an academic held since details of the procedures fo llowed to inves­ June 1989, received a four-year sentence in tigate individual cases. According to August for "counter-revolutionary propa­ official sources, more than 4,700 cases of ganda and agitation" and "disrupting "infringement of citizens' rights" were traffic"; he had circulated information investigated and dealt with in 1988, and about the 4 June massacre and organized 2,900 cases of "perverting justice for bribes, public protests in Wuhan, Hubei Province. extorting confessions by torture, illegal Tashi Tsering, from Shigatse, southern detention and neglect of duty" were inves­ Tibet, was reportedly sentenced to seven tigated from January to March 1990. Of years' imprisonment for having written these, more than 490 "major" cases "slogans and leaflets" in support of Tibetan involved "deaths and injuries as well as independence. He had been arrested in serious economic losses". November 1989. There was a dramatic increase in the Few such trials were publicly reported. use of the death penalty. The authorities do Most trials publicized by the authorities not publish statistics on the death penalty, were of people accused of committing ordi­ but it appeared that several thousand nary criminal offences during the 1989 people may have been sentenced to death protests. However, hundreds of secret trials in 1990. Amnesty International recorded related to the protests reportedly took over 960 death sentences, including some place. A report by the Washington Post in with a two-year stay of execution. At least January that 800 people were sentenced in 750 executions were known to have been such trials was denied by the official New carried out. There were 270 in June and China News Agency. In February, however, July alone, following the launch in May of the official Beijing Daily said that "more a new campaign "to sternly crack down on than 200 cases" stemming from the crime". Courts were ordered to impose "counter-revolutionary rebellion" had been "severe and swift" sentences, using 1983 tried by the Beijing municipal courts in legislation which provides for summary 1989, without specifying how many procedures. The widespread practice of defendants were involved in each case. deciding sentences before trial added to the It added that Beijing courts had also hand­ summary nature of the proceedings. Some led 3,459 cases involving "crimes of seri­ death sentences were officially described ously disrupting social order" - some of as a means of ensuring "social order" and which may have been related to the 1989 "stability" before the Asian Games held in protests. Beijing in September. Some prisoners sen­ New reports of torture and ill-treatment tenced to death were reportedly paraded in of prisoners emerged. Released detainees public before execution, a practice which said that beatings and other abuses, as well in Amnesty International's view consti­ as harsh conditions of detention, were tutes degrading treatment and is prohibited commonplace in Beijing after the June under Chinese regulations. 1989 crackdown. Cases of torture were also Amnesty International continued reported in other areas, particularly Tibet. throughout the year to press for the release Topgyal, a tailor arrested in April for pos­ of prisoners of conscience, for the fair trial sessing a video-cassette of the Dalai Lama, or release of other political prisoners, and CHIN,A,lCOLOMBIA

for commutation of all death sentences. 67 However. despite numerous appeals and inquiries to the government, there was no COLOMBIA direct reply. In May Amnesty International sent the government a list of 700 detainees believed held since June 1989. and requested • information about them and othe rs being held. In September it sent the government a detailed account of its concerns relating to the death penalty and called for an immediate halt to executions and the intro­ duction of fair trial safeguards. In Novem­ ber it called on the authorities to disclose what had happened to hundreds of politi­ cal detainees who had vanished since their arrest the previous year. Following reports that leaders of the 1989 protests might soon face secret trials. the organization called on the government to ensure that the trials Hundreds of people were executed extra­ were conducted in accordance with inter­ judicially or "disappeared" after being national standards. and to allow interna­ seized by members of the armed forces or tional observers. paramilitary groups associated with them. In January Amnesty International sub­ Victims included political activists - mitted to the UN Secretary-General a docu­ including two presidential candidates - ment describing its concern at the killings and human rights, trade union and church of unarmed civilians in Beijing in June activists. Scores of peasants were arbit­ 1989. the large-scale arbitrary arrests car­ rarily detained, tortured and killed by ried out subsequently and persistent government troops in counter-insurgency reports of torture and ill-treatment. This operations. In urban areas "death squad"­ document was included in a report debated style killings of suspected delinquents in March by the UN Commission on Human increased. Political detainees held illegally Rights. In an oral statement to the Com­ in army installations were reportedly tor­ mission in Mar ch. Amnesty International tured. Most cases of human rights abuses reiterated its concern about extr ajudicial remained unresolved despite investigative executions carried out in June 1989. efforts by the Procurator General and Amnesty International again expressed some judges. Two army officers werecon­ its concerns in China in an oral statement victed for their part in the killing of 12 to the UN Sub-Commission on Prevention judicial officials. of Discrimination and Protection of Minori­ Peace negotiations initiated during 1989 ties in August. with the guerrilla organization. the The organization also published several Movimiento 19 de Abril (M-19), 19 April reports and documents about human rights Movement. culminated in the group's for­ violations in China. They included in mal surrender of weapons in March after March, Tibet Autonomous Region; One 16 years' armed opposition. Its members, Year Under Martial Law: An Update on who were granted an amnesty, formed a the Human Rights Situation, and in April, political party, Alianza Democr6tica M-19, China: Th e Massacre of June 1989 and its M-19 Democratic Alliance. Three other Aftermath, as well as Catholics Imprisoned guerrilla organizations also entered peace in China: Recent Arrests and Long-term negotiations with the government. Prisoners and People's Republic of China: The principal remammg guerrilla Torture and Ill-treatment. In May it pub­ forces, Fuerzas Armadas Revolucionarias lished List of People Detained for Activities de Colombia (FARe), Revolutionary Armed Related to the 1989 Pro-Democracy Move­ Forces of Colombia, and the Ejercito de ment. and in September three documents Liberaci6n Nacional (ELN), National Libera­ entitled The Continuing Repression. tion Army, maintained their campaigns including one on the death penalty and of armed opposition throughout the year. anti-crime campaigns. They carried out scores of kidnappi ngs, COLOMBIA

68 bomb attacks on economic targets and was withdrawn in 1989 - continued to ambushes of government forces in which operate with virtual impunity and were civilians were also killed. responsible for the majority of killings Some of the estimated 140 paramilitary and "disappearances". Peasant community organizations, many of which were created leaders in conflict zones were among the and supported by the Colombian army, victims. Josue Vargas, Miguel Barajas and offered to disband and return their Saul Castaiieda, leaders of the Asociaci6n weapons to the armed forces in exchange de Campesinos de Carare, Carare Peasants' for a general amnesty for those accused of Association, and journalist Silvia Duzan human rights violations. Two did disband. were shot dead in February by two gunmen However, the government publicly stated in the community of La India, municipality that members of paramilitary organizations of Cimitarra, Santander department. Silvia responsible for criminal abuses must stand Duzan was interviewing the peasant lead­ trial. ers about their association's attempt to A renewed escalation in political viol­ obtain guarantees for the safety of civilians ence in the run-up to congressional and from the military, paramilitary and guer­ municipal elections in March and presi­ rilla forces operating in the area, Shortly dential elections in May left scores of before the killings, a paramilitary leader people dead, including two left-wing presi­ had reportedly accused the Carare dential candidates. Bernardo Jaramillo Peasants' Association of having links with Ossa, presidential candidate for the coali­ guerrilla groups and had threatened its tion party Uni6n Patriotica (up). Patriotic leaders, Union, and M-19 Democratic Alliance lead­ The banana plantation area of UraM, er Carlos Pizarro Leong6mez, were shot continued to be severely affected by dead in March and April respectively. The paramilitary abuses. In January a group of UP withdrew from the elections. approximately 40 armed men, some in mil­ Liberal party candidate Cesar Gaviria itary uniform, entered the village of Pueblo Trujillo was elected President and a sumed Bello in Uraba. They rounded up 43 men office in August. The electorate also voted and drove them away in two lorries in to form a constituent assembly to reform the direction of the nearby San Pedro the Constitution, and this was elected in army base. In a meeting with Amnesty December. International representatives in April, the Scores of UP activists were again among military commander of UraM denied that the victims of human rights violations. In the lorries had passed by the army base. February Diana Cardona Saldarriaga, UP However, in April the Procurator General Mayoress of Apartad6 in the UraM, region opened disciplinary proceedings against of Antioquia department, was abducted two army officers from the San Pedro base, from her home in Medellin and subse­ Investigators had established that they had quently killed by men who claimed to ordered the permanent road-block outside be her officially assigned bodyguards from the army base to be inexplicably lifted the Departamento A dministrativo de shortly before the abduction. Seguridad (OAS), Administrative Security In April, 24 bodies were found in clan­ Department, shortly before the genuine destine mass graves on a ranch in C6rdoba escorts arrived. The Procurator General department. Judicial investigations had publicly called on the Minister of Defence previously implicated the ranch owner - to explain how the gunmen had obtained together with members of the armed forces confidential information about the where­ - in a series of multiple killings in Antio­ abouts and plans of Diana Cardona. She quia department in 1988 and 1989. Seven was the sixth UP mayor to have been killed of the 24 bodies were identified as inhabi­ since the first directmunicipal elections in tants of Pueblo Bello. Five civilians arres­ March 1988. Both of her predecessors in ted on the ranch and charged in connection Apartad6 had resigned fo llowing death with the "disappearance" and presumed threats. Two days after Diana Cardona's killing of the 43 men were released by a killing six UP members were shot dead by Superior Court Judge in May after a peti­ unidentified gunmen in the town of tion of habeas corpus was filed on their Ungufa, Choc6 department, at a commemo­ behalf. Several warrants forthe arrest of the rative meeting. ranch-owner were not carried out by the Paramilitary groups - whose legal basis security forces. COLOMBIA

Maria Restrepo Quinceno, the regional were acquitted by a public order judge in 69 Procurator of UraM who had participated Monterfa, C6rdoba department. The police in the investigation of the Pueblo Bello agents were later reportedly dismissed. "disappearances", was shot and killed in The Procurator General also opened July together with her bodyguard in investigations into allegations that the Elite Apartad6. Three civilians arrested in con­ Police Corps, created in 1989 with the nection with the killings reportedly declared aim of combating paramilitary claimed to work for the army and told organizations, was responsible for a series investigators that an army officer from the of multiple killings of youths in poor Voltigeros Battalion had provided the guns neighbourhoods of Medellin during the used in the attack on the Procurator. government's continued offensive against An increasing number of reports were drug-trafficking organizations. The attacks received of human rights violations were carried out in apparent retaliation for committed by counter-insurgency troops the killing of over 150 police officers in deployed in remote rural areas where Medellfn in the firsthalf of the year. armed opposition groups were active. In Reports of "disappearances" increased. April, two days after an armed confront­ In July the then Minister of the Interior, Dr ation between the FARC and members of Horacio Serpa Uribe, presented a draft bill the army's counter-insurgency Brigada to Congress designed to incorporate "disap­ M6bi1, Mobile Brigade, in Puerto Valdivia, pearances" into the Colombian Penal Code Antioquia department, six peasants from explicitly as a crime punishable with five Puerto Valdivia were arrested by members to 10 years' imprisonment. Dr Serpa stated of the Girardot Battalion. Five days later that " ...disap pearances have occurred con­ the peasants' bodies were found in a com­ tinually in recent years. The courts are full mon grave on a nearby farm. They were of denunciations and the Public Ministry is bound and showed signs of torture. The saturated with investigations, [which are] Commander of the army's IV Brigade generally inconclusive." The bill had not claimed the six were "guerrillas killed in been debated by the end of the year. combat". However, the Procurator General In June the Procurator General ordered opened disciplinary proceedings against 11 disciplinary proceedings against an army members of the army, including two cap­ major and three police officers accused of tains, for the unlawful killing of the peas­ complicity in the "disappearance" of at ants. The results of the proceedings had least 16 people from the town of Trujillo not been revealed by the end of the year. and surrounding communities in Valle de Members of the National Police, which Cauca department in March and April. under the state of siege reimposed in 1984 The "disappearances" were apparently comes under the authority of the armed carried out in reprisal for an ELN forces, were also responsible for extrajudi­ ambush on a military patrol in which cial executions. Fifteen-year-old Fredy seven soldiers were killed. According to Perez Solano, 17-year-old Jaime Beltran the Public Ministry's initial report, the Perez, Elitker Suarez Suarez and Saul Ortfz army major, attached to the 3rd Infantry Nisperuza, members of the Zenu Indian Battalion, ordered the illegal detention and community, were detained by members of participated in the torture and "disappear­ the National Police in January near the ance" of the 16 people. A local priest community of Arroyo de Piedra, in the San who had been assisting relatives of the Andres de Sotavento Indian reserve in C6r­ "disappeared" in Trujillo, Father Tiberio doba department. Eye-witnesses testified Fernandez Mafia, himself "disappeared" that the four were beaten and forced into a shortly afterwards. His mutilated body was i", police van. Their bodies were found the found a week later. � next day showing signs of torture as well as There were an increasing number of gunshot wounds. In June the Procurator attacks on human rights workers. In July Dr �;., General opened disciplinary proceedings Alirio de Jesus Pedraza Becerra, a lawyer, against eight police agents allegedly was seized in Bogota's Suba district by responsible for the killings. However, the eight armed men who identified them- �� Public Ministry's efforts to investigate the selves to two police agents nearby as mem- � killings and bring those responsible to jus­ bers of the security forces. Military and � tice did not lead to convictions by the police authorities denied his detention and 18 ... courts. In October the eight police agents reportedly obstructed the Public Ministry COLOMBIA/COMOROS

70 investigation by refusing to identify the General Jesus Arias Cabrales, then com­ police officers who witnessed the abduc­ mander of the XIlI Brigade, had failed to tion. Following Or Pedraza's "disappear­ take the necessary measures to protect ance", other human rights workers hostages, and Colonel Edilberto Sanchez received anonymous threats warning them Rubiano, then head of the army's B-2 Intel­ to stop their activities or face the samo fa te. ligence Unit, had been involved in the Or Pedraza had been working on behalf "disappearance" of Irma Franco, who was of a number of Lrade unionists detained taken alive from the building by the army and tortured by the army's III Brigade in but was not seen again. CalL Valle de Cauca department, in March. Throughout the year Amnesty Interna­ The trade unionists testified that they were tional urged the government to take meas­ subjected to beatings, elecLric shocks, "sub­ ures to halt human rights violations. The marino" (near-drowning) and mock execu­ organization repeated calls for paramilitary tions. A human rights worker who was forces responsible for widespread abuses detained when she went to the Brigade to to be disbanded and for effective investiga­ inquire about them alleged that she was tions into human rights violations leading raped by soldiers and threatened with to the prosecution of those responsible. death. After several days' incommunicado In January Amnesty International sub­ detention the detainees were brought mitted information about its concerns in before a judge and eventually acquitted of Colombia for United Nations (UN) review violating the anti-terrorist statute, Law 180. under a procedure, established by Eco­ In May the Public Ministry opened disci­ nomic and Social Council Resolutions plinary proceedings against four officers 728p/1503, for confidential consideration of the 1II Brigade, including the Brigade's of communications about human rights econd-in-command, for illegal detention violations. and torture. The results were not known by In an oral statement to the UN the end of the year. Commission on Human Rights delivered in In the vast majority of cas s, members February, Amnesty International included of the armed forces accused of human references to its concerns in olombia. rights violations continued to be shielded from prosecution by their superiors, and criminal proceedings in both civilian and military courts generally resulted in acquit­ COMOROS tals. However, in June two army officers and six civilian members of a paramilitary organization were convicted of the killing of 12 members of a judicial commission of inquiry in January 1989 in La Rochela, antander department (see Amnesty Inter­ national Report 1990). The army lieutenant and sergeant were sentenced to eight and 12 years' imprisonment resp ctively for "aiding and abetting terrorist activities" after the court found them guilty of provid­ ing the weapons used to kill the judicial officials. However, the lieutenant escaped from custody in the Boyaca Battalion in Pasto shortly before the trial ended. In November the Procurator General and his deputies resigned. They had rec­ At least 20 people were detained in con­ ommended that two senior military com­ nection with an alleged conspiracy against manders be dismissed from the armed the government but they had not been forces in connection with the siege of the brought to trial by the end of 1990. One of Palace of Justice in November 1985 (see them died in custody, apparently as a Amnesty International Report 1986). This result of torture, and another was also recommendation was severely criticized by reported to have been tortured. high ranking army officers and members of SaId Mohamed Djohar, who had been Congress. The Procurator General said that Acting President since December 1989, was COMOROS/CONGO elected President in March for a six-year including the end of the one-party state 71 term. After the result was announced, there and the unchallenged position occupied by were clashes in early April between secur­ the Parti congolais du travaiJ (PCf) , Con­ ity forces and opposition demonstrators. golese Labour Party, since 1969. The PCf At least 20 people were arrested in Central Committee decided in July to allow August following an announcement by the other partie� to compete for power in 1991 authorities that an attempt to destabilize after the introduction of a new constitution the government, involving European mer­ providing for multi-party democracy. It cenaries, had been foiled. In October the recommended that a law should be enacted government said that Max Veillard, to strengthen basic rights to freedom of described as a French mercenary who pro­ expression, press, association and assem­ moted the alleged plot, had been killed in bly: these rights had been guaranteed an exchange of fire with the security under the 1985 Constitution but not forces. Those arrested were supporters respected in practice. The Chief of Staff of of Mohamed Taki, leader of the Union the National People's Army announced in nationaJe pour la democratie aux Comores, November that from January 1991 the National Union for Democracy in the army, which had dominated successive Comoros, who was a candidate in the Congolese governments since 1969, would March presidential elections. Mohamed be required to be apolitical and that sol­ Taki himself was not arrested. One of the diers would return PCf membership cards detainees, SaId Mlind�, died in custody on and medals awarded by the Per. The 15 September apparently as a result of tor­ reforms were announced following mount­ ture, although the authorities did not cla­ ing pressure on the government to increase rify the circumstances of his death. Ali political freedom and the standard of liv­ Soihili, a journalist detained in connection ing: protests included workers' strikes, and with the same alleged coup plot, was also petitions and demonstrations by political said to have been tortured. He reportedly and social groups. told another journalist who saw him when he was taken before the juge d'instruction (examining magistrate), that he had been tortured for more than five hours, hand­ cuffed to a wall for two days shortly after his arrest, and denied food. Those arrested in August were charged with involvement in an attempt to destabi­ lize the government but they had not been brought to trial by the end of the year. Amnesty International expressed con­ cern about reports of torture and the death in custody of Said Mlind�, and urged the government to initiate a full and impartial investigation. The organization also sought information about the legal status of those arrested in August. At least five people - civilians and members of the armed forces - were arres­ ted in July and accused of involvement in a plot to overthrow the government. Among CONGO them were C�lestin Nkoua, a former radio journalist and manager of a printing com­ All known political prisoners were pany; a former leading trade unionist and released in August fo llowing a presiden­ member of the PCf Central Committee; and tial amnesty. At least 50 such prisoners Lieutenant-Colonel Michel Ngangouo. A were freed, including prisoners of con­ government minister said that documents science. At least four prisoners remained seized at C�lestin Nkoua's home showed under sentence of death but no new death that the men had been planning a coup sentences or executions were reported. since 1987, that they had planned to estab­ President Denis Sassou-Nguesso lish a new form of government in January ... :g announced political reforms in July, 1990 and had conspired in May 1990 to ... CONGO/COTE O'IVOIRE

72 incite the army to rise against the govern­ ment. Despite these assertions, however, it appeared that those detained had been COTE O'IVOIRE arrested solely because of their opposition to the one-party state and their support for a national conference to debate political reforms. They were held as prisoners of conscience without charge at the central police station in the capital, Brazzaville, until August when they were released. President Sassou-Nguesso announced on 14 August that all political prisoners were being released. At least 50 prisoners were freed: 26 of them were members of the Kouyou ethnic group arrested in 1987 and 1988 in connection with an alleged conspiracy to overthrow the government (sce Amnesty International Report 1990). The 26, who included prisoners of con­ science such as Father Joseph Ndinga, a Roman Catholic priest, had all been de­ At least 250 people, including opposition tained without charge or trial in military political party supporters, were detained and civilian prisons in Brazzaville. and held fo r short periods. None of them Claude-Ernest Ndalla, who had been was charged or brought to trial. A govern­ sentenced to death in 1986 after an unfair ment opponent convicted on criminal trial before the Revolutionary Court of Jus­ charges in 1989, who may have been pros­ tice, and others convicted with him, were ecuted for political reasons, remained in also released under the amnesty. His death prison. sentence had been commuted in 1988 (see. The year began with protests against the Amnesty InternationalReport 1989). one-party state. They were led by the Front Four people convicted of murder in populaire ivoirien (FPI), the Ivorian Popular 1989 remained under sentence of death. Front, which had been refused legal rec­ Amnesty International did not learn of any ognition by the government. Following new death sentences imposed by the courts reforms announced in April to allow oppo­ or of any executions carried out during the sition parties, the FP! was the main chal­ year. lenger to the ruling Parti democra tique de In May Amnesty International pub­ la Cote d'Jvoire (POGI), Democratic Party of lished a report, The People's Republic of Cote d'Ivoire, in a series of elections from Congo: Unlawful Political Detentions and October to December for the presidency Amnesty International's Concern about and the National Assembly. President Felix Unfair Trial, detailing violations of the Houphouet-Boigny was re-elected at the basic rights of those detained since 1987 end of October. and 1988, and the organization's fears that At least 50 people, including FP! sup­ their trials might be unfair. It urged the porters, were detained for their peaceful courts to investigate all allegations of tor­ opposition activities. None was known to ture and not to accept evidence extracted have been referred to the procuracy or under torture. Before August, Amnesty brought to trial, suggesting that they may International called for the release of pris­ have been arr sted on account of their oners of conscience and for prompt and political views rather than because they fair trials for all political prisoners. It wel­ had committed any offence. Some of them comed the release in August of all political were held for more than 48 hours - the prisoners and called for the commutation period for which the security forces are of all death sentences. legally allowed to detain suspects for ques­ tioning before referring them to a judicial authority. Many appeared to be prisoners of conscience. All were believed to have been released by the end of the year. In February five people, including COTE D'IVOIRE/CUBA

Tubene Gabriel and Seibi Sie, were arres­ 73 ted and held for up to 12 days for distribut­ ing a new FP! newspaper, l'Evenement, CUBA (Events), in Gagnoa and Yamoussoukro. The apparent reason for the arrests was that government officials had not autho­ rized the newspaper's sale. The case against them was dropped and they were released. 0-:- '.. 26 127 .. On March a group of teachers · · were arrested in the capital, Abidjan. They · . were arrested when they drove in convoy into the city centre to protest against the banning of a meeting which had been called to discuss a recently announced reduction in teachers' salaries. They were At least 70 government critics, most of taken to Akou6do military barracks, out­ them probable prisoners of conscience, side the capital. On 28 March several of were detained. Many of them were their wives and daughters staged a peaceful released after short periods; others were protest in Abidjan. They were dispersed held for up to eight months without access by police officers using tear-gas and some to lawyers. At least eight prisoners of con­ were detained. All the teachers and their science were serving prison sentences at relatives were releas d uncharged on 30 the end of the year; five others were March. released, most after completing their sen­ On 2 April Bah Bernard Doh and tences. Trials of political prisoners contin­ Kouato Charles Magli were among 30 ued to fa ll short of international standards trade unionists arrested for demonstra­ for fair trial. No executions were known to ting in support of a free trade union in have taken place but at least two death Abidjan. All but one of them were kept in sentences were believed to be pending custody for 11 days and then released appeal before the People's Supreme Court. without charge. The changing situation in Eastern More than 40 FP! supporters were Europe had serious political and economic reportedly arrested in Abidjan and Daloa repercussions on Cuba. The Cuban Govern­ on 28 October, when they alleged that the ment called on the public to openly dis­ preSidential elections were being unfairly cuss the weaknesses of the country's conducted. They were released uncharged political system, but continued to take after a few days. harsh action against small unofficial oppo­ Innocent Kobena Anaky, a leading sition and human rights groups calling for member of the FP! who was convicted on radical political change or an extension of charges of tax and customs fraud in Feb­ civil rights. ruary 1989, remained imprisoned (see In March large crowds attacked the Amnesty International Report 1990). It homes of two former political prisoners, appeared that his prosecution might have brothers Gustavo and Sebastian Arcos been politically motivated and that he did Bergnes, leaders of the Comite Cubano Pro not receive a fair trial. Derechos Humanos (CCPDH), Cuban Com­ Amnesty International expressed its mittee for Human Rights, when meetings of concern to the government about the short­ human rights activists were taking place term detention of trade unionists, teachers, there. Security forces reportedly stood by opposition political party activists and oth­ and watched the crowds shout insults and ers apparently imprisoned for their non­ throw stones, causing serious damage to violent political activities, and appealed for the buildings. their release. The organization continued In August the Attorney General said to seek information from the authorities that fewer than 200 people were in deten­ about the imprisonment of Innocent tion for "cOlmter-revolutionary" crimes. Kobena Anaky, on the grounds that he This figure. however. did not include those may actually have been charg d and con­ prisoners convicted of certain criminal victed because of his non-violent political offences for which prisoners of conscience activities, but received no further response. are often held, such as illegal association, CUBA

74 cland stine printing and trying to leave the Castro and Pablo Roberto Pupo Sanchez - country illegally. appeared on Cuban television alleging that Between January and March about 50 Cuban human rights groups, including the people were arrested apparently in connec­ PPOIIC, were being manipulated by foreign tion with their political, human rights or diplomats. This coincided with the attempt religious activities. Most were believed to by several Cubans to obtain asylum in for­ have been released within a few days, but eign embassies in the capital, Havana. Two some were held for several months. months later, the two, together with the six In January two mathematics students at other PPDBC members detained with them, Havana University, Jorge Quintana and were released. In November the eight were Carlos Ortega, were arrested and taken to convicted of "illegal association" and given the Havana headquarters of the Departa­ sentences ranging from three months' to mento de Seguridad del Estado (DSE), one year's "restricted liberty". Department of State Security. Both were PPOBC Secretary General Or Alfredo members of the Uni6n de J6venes Com u­ Samuel Martinez Lara was also arrested in nistas (UJc), Union of Young Communists, March, only a few days after he had been th youth wing of the Cuban Communist released from prison (see Amnesty Interna­ Party (the only legal political party in tional Report 1990). He had completed Cuba), They were accused of belonging to a nine-month sentence for "illegal asso­ an opposition group and of criticizing Pres­ ciation, demonstration and meeting" in ident Fidel Castro. They were held until December 1989, and was then given an November, when the prosecutor changed additional sentence for "disrespect", all g­ th charge against them from "enemy pro­ edly for insulting Presid nt Castro. He was paganda" to the criminal offence of "disre­ released on 27 February. After his rearrest sp ct". Jorge Quintana and Carlos Ortega in March, Or Martinez Lara was apparently were given non-custodial sentences of taken to the DSE headquarters where he was three years' and two years' "restricted lib­ still being held at the end of the year. erty" respectively, which required them to Reports were received that he was being report regularly to the police. subjected to psychological pressures. In Six people were reportedly arrested in November he was allowed one brief visit Sagua La Grande, Villa Clara Province, in from a lawyer who reportedly found that January and charged with illegally produc­ no formal charges had b en brought against ing religiOUS literature for the banned Jeho­ him. However, some sources said that the vah's Witnesses. It was not known whether authorities were investigating the possibil­ they remained in detention. ity that he was connected with 11 young Also in January Aurea Feria Cano and people who were arrested in January and Jesus Contreras, said to be leaders of an tried in July on charges including terrorism unofficial political group, the Uni6n and rebellion. The 11 were accused of Democratica In dio-Feria , Indio-Feria belonging to the Asociaci6n JuveniJ Pro Democratic Union, were detained in Derechos Humanos (AJPDH), Youth Associ­ Havana and taken to the DSE headquarters. ation for Human Rights, said by the author­ They w re held until November when they ities to be the armed wing of the ""DHC. w re tried with four other people for They received sentences ranging from three "enemy propaganda" on the grounds that years' "restricted liberty" to 15 years' they were planning to distribute "counter­ imprisonment. Little information was revolutionary" pamphlets. The outcome of available concerning the circumstances of the trial was not known. their arrest and trial. In March eight memb ers of the Partido In June the trial took place of Esteban Pro Derechos Humanos en Cuba (PPDBC). Gonzalez Gonzalez and six other prisoners Party for Human Rights in Cuba, were of conscience who had been arrested in arrested in Havana. Shortly afterwards a September 1989. They were charged with senior official announced that they were rebellion and "other acts against state being accused of serving the interests of the security" on the basis of their membership United States of America by trying to of the unofficial Movimien to Integra­ change Cuba's socialist government and cionista Democratica (MID). Movement for constitution, and of belonging to a Democratic Integration, of which Esteban "counter-revolutionary organization". In Gonzalez Gonzalez was the founder and July two of the detainees - Tania Diaz leader. They were convicted on charges CUBA including possessing and disseminating Prisoner of conscience Elizardo Sanchez 75 "counter-revolutionary propaganda" and Santa Cruz remained in pri on at the end planning to carry out a campaign of civil of the year. disobedience with a view to changing the Four other known prisoners of con­ political and social system and restoring science were released, most after complet­ capitalism. Esteban Gonzalez GonzaIez was ing their sentences; Manuel Gonzalez sentenced to seven years' imprisonment; Gonzalez in January; Edita Esther Cruz the others to between three years' "restric­ Rodrfguez in February; Javier Roberto ted liberty" and six years' imprisonment. Bahamonde Masot in July; and David Moya The MID calls for political reform and fu ll Alfonso in October (see Amnesty Interna­ respect for human rights in Cuba but tional Report 1990.) specifically rules out the use of violence. Alfredo Mustelier Nuevo, one of three The seven had been held for several remaining "plantados hist6ricos" (political months in the DSE headquarters without prisoners held since the 1960s and 1970s access to lawyers before being transferred who refused to take part in prison rehabili­ to prison. tation programs or to obey certain prison Information was received concerning regulations), was released in March. six other prisoners who may be prisoners No executions were known to have of conscience. Juan Mayo M6ndez, held in taken place during 1990. At least two death Boniato Prison; Agustfn Figueredo, Ernesto sentences, including that of Jor ge Luis Bonilla Fonseca and Alexis Maestre Gonzalez Norona who was convicted of Savorit, held in Las Mangas Prison, Bay­ triple murder, were believed to be pending amo; and CCPDH member Alexis Morej6n appeal before the People's Supreme Court. Rodrfguez, held in Camaguey Province, There was concern at reports that the were all accused of "enemy propaganda", authorities were conSidering extending the mainly for writing or shouting anti-govern­ already wide range of offences punishable ment slogans. Pedro Alvarez Martlnez, a by death to include serious drug-related PPDHC delegate for Pinar del Rio, was crimes. arrested in December 1989 and given a Amnesty International continued to five-year sentence for offences including appeal for the release of prisoners of con­ "clandestine printing". science and sought information from the CCPDH member Jos6 Irene Padr6nDuefias authorities about the legal status of politi­ was detained in Havana on 4 September cal prisoners. In March the organization and taken to the DSE headquarters, possibly expressed concern about the attacks on because he had denounced the arrest of his the homes of CCPDH members. No written brother-in-law Alexis Morej6n Rodrfguez response was received to these communi­ (see above). At the end of the year it cations. However, Amnesty International was not known whether he was still in delegates to the Eighth United Nations (UN) detention. Congress on the Prevention of Crime and Reports continued to be received that the Treatment of Offenders, which took several hundred people were imprisoned place in Havana from 27 August until 7 for trying to leave the country illegally, September, were able to raise the organiz­ some of whom may have been prisoners of ation's concerns with senior Cuban conscience. A letter smuggled out of Com­ officials, including the Attorney General binado del Este Prison in July 1990 said and the President of the People's Supreme that 335 people were being held in the Court. prison for that offence. However, little In August Amnesty International detailed information on individual cases referred to the cases of Elizardo Sanchez was available. Santa Cruz, Hiram Abf Cobas Nunez and Prisoner of conscience Hiram Abf Cobas Hubert Jerez Marino in an oral statement Nunez was released from prison in Novem­ about prisoners of conscience made to the ber on grounds of illness and allowed to un Sub-Commission on Prevention of Dis­ serve the remainder of his sentence at crimination and Protection of Minorities. home. In March 1990 he and co-defendant Elizardo Sanchez Santa Cruz had appealed unsuccessfully against the sentences imposed on them in November 1989 (see Amnesty International Reporl 1990). CYPRUS/CZECH AND SLOVAK FEDERAL REPUBLIC

76 Georgios Anastasi Petrou, who had served a 12-month prison sentence between 1984 CYPRUS and 1985 for refusing to perform military service, was sentenced to two months' imprisonment in January and a further three months' imprisonment in Septem­ ber for refusing to participate in reservist exercises. On 1 October, Independence Day, Presi­ dent George Vassiliou granted an amnesty to five imprisoned conscientious objectors. In December one other conscientious objec­ tor was granted early release. Amnesty International appealed repeat­ edly for the release of all imprisoned conscientious objectors. It urged the gov­ ernment to introduce alternative civilian service of non-punitive length; to widen the grounds for objection in the draft legis­ Some 30 prisoners of conscience were lation; and to provide for objection which held, all of them Jehovah's Witnesses develops after conscription into the armed who had refused on conscientious grounds forces. In July President Vassiliou informed to perform military service or reservist Amnesty International that it was likely exercises. that the draft legislation would be enacted Draft legislation announced in 1988, before the end of the year. which would recognize for the first time the right to conscientious objection, had not been debated in parliament by the end of the year. The draft legislation proposes three years' unarmed military service or CZECH AND four years in the Civil Defence Force or a SLOVAK social service as alternatives to ordinary military service of 26 months. The draft FEDERAL REPUBLIC legislation provides for conscientious objection only on religious grounds. It was not clear how conscientious objectors to reservist exercises would be treated or whether the social service would be of a purely civilian character. It was also unclear whether a conscientious objector would have the right to choose between the alternatives. Conscientious objectors to military service in 1990 were given prison sentences of up to six months; those refus­ ing to perform reservist exercises were given sentences of up to four months' imprisonment. Conscientious objectors who continued to refuse either military ser­ vice or reservist exercises following their release faced further prosecution and The death penalty was abolished in May. imprisonment. A Soviet soldier's asylum request was not A number of conscientious objectors properly considered. He was returned to imprisoned during the year had already Soviet military authorities who reportedly served sentences of up to 12 months prior imprisoned him briefly as a prisoner of to September 1985, when all imprisoned conscience. conscientious objectors were released fol­ The major political changes which lowing a decision by the Supreme Court began in late 1989 (see Amnesty Interna­ (see Amnesty International Report 1986). tional Report 1990) continued. Elections in CZECH AND SLOVAK FEDERAL REPUBLlC/DENMARK

June gave the Civic Forum party a majo­ nurses had alleged in an article published 77 rity in the Federal Assembly, and former in Amnesty Nyt in September 1988 that prisoner of conscience Vaclav Havel was asylum-seekers. who were being detained re-elected President. Throughout the year with ordinary prisoners, had been beaten major reviews of the legal and political by prison officers and subjected to racist systems, including the Constitution, insults in Copenhagen prisons. They continued. reported that special cells existed in which In March a civilian alternative to mili­ detainees were strapped down and bright tary service lasting 27 months was intro­ lights were left on continuously. Following duced. Normal military service is 18 the publication of the article, the Danish months. There were no reports of people Parliament decided that asylum-seekers imprisoned for refusing conscription. should be detained at a special centre and In May the Federal Parliament voted to not with criminal prisoners. abolish the death penalty and this became effective on 1 July. The last execution reportedly took place in February 1989. In April Aleksandr Vitalyevich Maslyayev, a 19-year-old soldier with the Soviet army stationed in the Czech and Slovak Federal Republic (CSFR). requested asylum at the Office of the President of the CSFR on the grounds that he did not wish to perform his military service in an occupy­ ing army because of his conscientiously held beliefs. He was reportedly informed that his request would be processed by the Federal Ministry of the Interior. Instead, he was handed over to Soviet diplomatic staff and subsequently returned to his unit where he was reportedly detained for 10 In April the court ruled against the days before being transferred to the USSR. Prison Officers' Union on four of its five Amnesty International welcomed the complaints about tile nurses' allegations of abolition of the death penalty. In May the racist abuse. ill-treatment and forcible organization wrote to the government restraint of asylum-seekers. However, ilie concerning the introduction of alternative nurses' unqualified statement about an service. In August it raised its con­ alleged severe beating was found to be cerns regarding the return of Aleksandr unjustified and they were fined. MasJyayev. In September Himid Hassan Juma. a Tanzanian national. was allegedly beaten by guards at the prison of Copenhagen Cen­ tral Police Station. He had been visiting DENMARK Denmark as a tourist when he was detained by police on suspiCion of possessing a false Investigations continued into allegations passport. The government announced in that asylum-seekers had been ill-treated November that a judicial investigation in 1988. It was alleged that a foreign visi­ would be established to look into the case. tor had been ill-treated while in police Amnesty International sent an observer custody. to the civil proceedings brought by the In February Denmark signed the Second Prison Officers' Union. In May Amnesty Optional Protocol to the International International wrote to the government Covenant on Civil and Political Rights inquiring whether it had initiated an inde­ Aiming at the Abolition of the Death Penal­ pendent investigation into the allegations ty. It had not yet ratified this instrument by of ill-treatment and whether it had taken the end of the year. steps to prevent ilie recurrence of such In January 1990 a court began to hear a treatment. civil suit brought by the Prison Officers' The government replied in August that ... Union against two prison nurses for mak­ it was initiating an independent judicial ID ID ing allegedly defamatory statements. The inquiry into the allegations and had taken a ... DENMARK/DJIBOUTI/DOMINICA

78 number of other measures. including new journalist; and Adam Mohamed Dileyta. a and extended training of prison officers United Nations employee. All fo ur were and a mechanism to interview detainees released uncharged after a few days. They who were punished by solitary confine­ were alleged to have been tortured or ill­ ment. Amnesty International welcomed the treated. Another government critic arrested initiatives and requested to be kept in August. Aka Der, was detained for two informed about their implementation. months and then released without being In October Amnesty International urged charged. the government to initi ate a prompt and Scores of people. mainly fr om the thorough investigation into the allegation Somali ethnic group's Gadabursi clan, were that Himid Hassan Juma had been ill­ arrested fo llowing the September bomb treated, and to make the findings public. attack and detained for several days. There appeared to be no evidence that they had been involved in causing the explosion and some of them were allegedly tortured. DJIBOUTI In October fo ur men accused of carrying out the September bomb attack were referred to the procuracy for a fo rmal judi­ cial investigation and were remanded in custody. A fifth. a taxi-driver, was report­ edly kept in incommunicado detention without being brought before a magistrate, and there was concern for his safety. All five were still held at the endof the year. Amnesty International sought inform­ ation from the authorities about the arrests of suspected government opponents after the September bombing and expressed con­ cern that some appeared to have been detained without being brought before a judge. It asked for details of the legal pro­ Scores of suspected government opponents ceedings against the fo ur people charged in were arrested but most were released after conn ction with the September attack and a few days or weeks. Some were alleged to inquired about the taxi-driver who was have been tortured or ill-treated. said not to have been seen since his arrest. There were bomb attacks in JUDe and The Minister of the Interior confirmed September. the second of which killed a that a number of people had been referred child and injured 17 people and was to the procuracy for judicial investigation attributed to a little-known opposition in connection with the September bomb­ group. the Mouvement de la jeunesse dji­ ing. In November he said that nine people boutienne, Djibouti Youth Movement. were still held, but that they had regular Dozens of people belonging to the Afar access to their fa milies, lawyers and doc­ ethnic group were arrested after the June tors of their choice. bomb attack, in many cases apparently because of their suspected opposition to the government rather than because of any evidence of their involvement in such viol­ DOMINICA ence. All were released within a few days, except for one man, Omar Daoud Banoita. A prisoner remained under sentence of who was reportedly accused of responsibil­ death and there were fears of his impend­ ity for the bombing. He had not been tried ing execution. There were no exe cutions by the end of the year. during the year; the last execution was In August four Afars were arrested in carried out in 1986. the capital, Djibouti. in connection with a Eric Joseph. a Rastafarian sentenced to leaflet which criticized the government death in 1983, was the only prisoner on and called for a multi-party system. They death row at the end of the year (see included Kassim Ahmed Dini. son of a for­ Amnesty International Report 1987). His mer prime minister; Mohamed Dileyta, a appeal to the Judicial Committee of the DOMINICA/DOMINICAN REPUBLIC

Privy Council (JcPC) in London. which acts opposition leaders of election fraud. On 79 as the final court of appeal for Dominica. the eve of his inauguration. disturbances was heard in July 1988: the decision to dis­ throughout the country culminated in a 48- miss his appeal was issued in October hour general strike. with confrontations 1988. His case was subsequently reviewed between police and protesters leaving over by Dominica's Advisory Committee on the a dozen dead and hundreds wounded. Prerogative of Mercy which advised the Further general strikes were held in President that the sentence of death should September and November. in protest be carried out. In June there were fears that against the government's economic meas­ preparations were under way for his execu­ ures. The police and army used firearms tion but at the end of the year he was still and detained briefly hundreds of demon­ on death row. According to reports. the strators in their attempt to control mass death sentences of other prisoners were protests. some of them violent. At least commuted to prison terms in 1989 on the three demonstrators reportedly died in advice of the Advisory Committee on the these clashes. Prerogative of Mercy. On 28 September Jesus Diplan Martfnez. a young community leader. was killed in the town of Salcedo in circum­ stances suggesting he may have been extra­ judicially executed. According to eye­ witness reports. he was shot in the street by members of the security forces after being arrested. A commission of inquiry

. .. . � . to investigate the case was reportedly set up. but to Amnesty International's knowl­ edge the results had not been made public and no one had been charged by the end of the year. Amnesty International wrote to Prime Luis Lizardo. who was arrested in May Minister Eugenia Charles in January 1989 for alleged involvement in a bombing. appealing for clemency to be granted to remained in detention (see Amnesty Inter­ Eric Joseph and appealed on his behalf national Report 1990). A judge had report­ again in June. The organization also urged edly ordered his release after a habeas the Prime Minister to initiate moves corpus petition was filed in May 1989. but towards the total abolition of the death the police apparently refused to omply penalty. with the order. There was no official response to requests for information about his exact legal situation. DOMINICAN REPUBLIC One person was killed in circumstances suggesting he may have been extrajudi­ ow-" \. • cially executed. A detainee remained in . . prison despite the fa ct that a judge had reportedly ordered his release, and many detainees were not brought before a judge after arrest. A community activist received death threats from the police. President Joaqu(n Balaguer or the Many detainees were reportedly not Partido Reformista Social Crisliano. the brought before a competent judicial author­ Social Christian Reformist Party. was re­ ity within 48 hours of their arrest. as elected in May by a slim margin over Juan speCified by Article 8 of the Constitution. Bosch of the Partido de la Liberaci6n For example. Ram6n Almanzar. a commu­ Dominicana. the Dominican Liberation nity activist affiliated to the Colectivo de Party. He was inaugurated for his fifth term Organizaciones Papulares. the Collective as President in August amid claims from of Popular Organizations. was detained on DOMINICAN REPUBLlC/ECUADOR

80 1 October by the police in connection with leaders and government representatives in their inquiries into the use of violence by an attempt to resolve the demands of the protesters during countrywide demonstra­ Indian organizations. tions. He was reportedly held without In August a faction of the armed opposi­ charge for at least 12 days before being tion group AI/a ro Vive, Carajo, Alfaro released. Lives, Dammit, suspended negotiations Another political activist involved in with the government about reintegrating its mobilizing opposition to the government's members into civilian life and handing economic policies, Fernando Pefia Segura over weapons to the authorities. (see Amnesty International Report 1990), In August Ecuador signed the Protocol reportedly received numerous death to the American Convention on Human threats from the police. Rights to Abolish the Death Penalty; it had Following the death of Jesus Diplan not ratified this treaty by the end of the Martfnez, Amnesty International appealed year. for a thorough and impartial inquiry into Members of the police forces reportedly the killing. continued to ill-treat and torture detainees suspected of committing common crimes. In January two prison directors responsible for holding untried criminal suspects trans­ ECUADOR fe rred from police custody resigned and publicly denounced the torture and ill­ treatment some detainees had allegedly suffered during police interrogation. • Rene Sangolqui was detained in May on suspicion of having committed a double murder. He was taken to the headquar­ ters of the Servicio de Investigaciones Criminales (SIC), the Criminal Investigation Service, in the town of Loja. He later claimed that during his interrogation he was beaten, hung by his thumbs, and had a bag placed over his head into which gas was fed, causing him near-asphyxiation. The government stated in June that it had ordered an investigation into the allega­ Torture and ill-treatment of detainees by tions, but its findings had not been pub­ the police and security forces continued to lished by the end of the year. be reported. One person was reportedly Marco Antonio Espin, a soldier, stated killed and several injured as a result of that he had been held for over three weeks army and police operations to disperse in February and March at the headquarters members of indigenous communities of the BataJJ6n de Transmisiones de involved in land disputes. The Supreme Rumiiiahui, the Rumifiahui Communica­ Court declared it outside its jurisdiction to tions Battalion, in Quito, the capital. He initiate proceedings against security fo rces was accused of using illicit drugs. He re­ personnel allegedly responsible for an ported that members of the army threw extrajudicial execution in 1985. water over him and a fe llow soldier, and Against a background of heightened applied electricity to their necks, backs political tensions between Indian commu­ and genitals. Marco Antonio Espfn testi­ nities and the security forces over territori­ fied that he had been denied access to al rights, the government of President Borja a doctor during his detention and warned Cevallos issued an official communique in not to inform human rights organizations August claiming that the Confederaci6n de about his torture. No investigations into his Nacionalidades Indfgenas del Ecuador case were known to have been initiated (CONAIE), the Confederation of Indigenous by the end of the year. Nationalities of Ecuador, was seeking to In June Indian communities in the set up "a state within a state". In Septem­ sierra region organized a series of protests ber talks were held between indigenous over territorial rights. They took over high­ leaders, human rights defenders, church ways and occupied the church of Santo ECUADOR;EGYPT

Domingo in Quito. In June Oswaldo Cuvi, of Hector Mejia and five colleagues (see 81 an Ecuarunari Indian community activist, Amnesty International Report 1990). The was reportedly shot and ldlled by the army government denied that Hector Vinicio during attempts to disperse protesters Arteaga had ever been detained by the SIC peacefully blocking the highway in Gatazo in Azuay. It stated that the Attorney Gener­ Grande, Chimborazo province. Several al's department had established the causes other Ecuarunari Indians were reportedly of Gonzalo Quintero's death and had sub­ injured by army gunfire in the same inci­ mitted its report to the competent author­ dent. In early October Cesar Morocho, an ities. The government reported that judicial Ecuarunari Indian leader, fa iled to return proceedings had been initiated against the home after leaving a meeting in Quito. He alleged torturers of Selfido IIves, and that was not seen again. Cesar Morocho had led an investigation into the reported torture of a march denouncing the killing and injur­ Hector Mejia and his fe llow workers had ing of Indians involved in the Gatazo also been initiated. Grande protest, and had reportedly In September Amnesty International received numerous telephone calls threat­ representatives held talks in Ecuador with ening him with death. government officials about alleged torture In separate operations between 9 and 13 and ill-treatment by members of the police. November, large numbers of armed police The officials said the government was tak­ entered three Indian communities in the ing initiatives to implement a program of provinces of Pichincha and Irnbabura in reforms and training, including human the context of land disputes. Reports indi­ rights education, for its police forces. cated that a number of unarmed commu­ Amnesty International wrote to the nity members protesting over land rights authorities calling for allegations of torture were severely beaten by the police and by the police to be investigated fully and injured by gunshot pellets, including the findings published. It also called for Cayetana Farinango. She died on 14 thorough investigations of the violent inci­ November. No official investigations into dents during police operations directed these incidents were known to have against members of indigenous communi­ opened by the end of the year. ties, and for an investigation into the fa te of The Supreme Court declared it was not Cesar Morocho. In December the organiz­ within its competence to initiate judicial ation urged the authorities to investigate proceedings against navy and police fu lly cases of reported torture within the officers named in 1989 by a multi-party armed forces. congressional committee as responsible for the killing of Consuelo Benavides in 1985 (see Amnesty International Reports 1987 and 1990). The government also EGYPT fa iled to clarify the fa te of people who "disappeared" between 1984 and 1988. Several thousand members and In May Amnesty International pub­ sympathizers of Islamic groups, including lished a report entitled Ecuador: Torture prisoners of conscience, were detained Continues. It described the common prac­ without charge or trial under state of tice of torture and ill-treatment of suspect­ emergency legislation. A number of politi­ ed criminals by the police and documented cal prisoners were acquitted after courts 21 cases. The organization pressed for thor­ found that their confessions had been ough investigations into the allegations. In extracted under torture and were inadmis­ August the government responded to alle­ sible as evidence. Allegations of torture gations raised both in the report and in a and ill-treatment, although fewer than in November 1989 letter from Amnesty Inter­ 1989, were once again reported. At least national (see Amnesty International Report 38 death sentences were passed during the 1990). The government reaffirmed its com­ year, some of them in absentia. Five pris­ mitment to investigate fully all the cases oners were executed. and to comply with its human rights obli­ In January a new Minister of the gations. It provided information on 26 Interior, General Muhammad 'Abd al­ cases of reported torture, including those of Halim Musa, was appointed. Like his pre­ Hector Vinicio Arteaga Carpio, Gonzalo decessor, he made extensive use of the Quintero Mina, Selfido Ilves Camacho, and special powers granted to him under the EGYPT

82 state of emergency, in force since 1981, political grounds, including prisoners of to order administrative detention and to conscience, were members or sympathizers contest judicial decisions to release politi­ of Islamic groups, many of them students. cal detainees. Sporadic clashes in Upper Most were eventually released uncharged Egyptian villages, mostly between the after weeks or months in detention. police and members of Islamic groups, In June 'Ala' aI-Din Hamid, a writer, resulted in dozens of deaths. On 12 Octo­ was arrested. The authorities later said that ber the Speaker of the People's Assembly, his novel, Masafa fi 'AqJiRajul (Distance in Dr Rifa'at al-Mahgoub, and five guards a Man 's Mind), "offend[s] and degrade[s) were shot dead in Cairo. Thousands of religions in a way which has jeopardized arrests fo llowed, initially among nationals national unity and... threatened social of other Arab countries and then among peace". He appeared to be a prisoner of members of Islamic groups and their conscience. He was released on bail on 22 sympathizers. Ele tions for the People's August. Assembly held on 29 November were boy­ Five Muslim converts to Christianity cotted by most opposition parties, who detained since November 1989 were held alleged that the new election law was without trial for several months. One of biased in fa vour of candidates standing for them, 'Abd al-Hamid Bishari 'Abd al­ the ruling National Democratic Party (NDP) Muhsin, died in prison in February as a of President Hosni Mubarak. The NDP result of heart failure, according to official gained nearly 80 per cent of the seats in sources. the assembly, but voting in some parts of Other Muslim converts to Christianity the country was accompanied by violent detained during the year included Mustafa clashes between rival groups, resulting Muhammad Sa'id al-Sharqawi, Muham­ in at least five deaths, and there were alle­ mad IIussein Muhammad Ibrahirn Sallam gations of ballot rigging. and Hassan Muhammad Isma'il Muham­ mad, who remained in prison at the end of 1990 without charge or trial after three months in detention, during which they were reportedly subjected to torture and ill-treatment. Some of those arrested in 1990 were tried before (Emergency) state security courts, while numerous other such trials Political arrests under emergency legis­ continued from previous years. Under lation took place throughout the year. The state of emergency legislation, verdicts of authorities frequently justified detention (Emergency) state security courts are not orders on the grounds that the person con­ enforced until approved by the President of cerned was a "threat to national security". the Republic, who is also empowered to At hearings held a month or more after the reduce the sentence imposed or reject the arrests in question, the courts frequently verdict and order a retrial. These powers declared that this constituted insufficient seriously undermine the ind pendent func­ grounds for detention and ordered tioning of the judicial process. detainees to be released. These decisions Fourteen prisoners of conscience were were regularly challenged by the Minister released on 24 April by order of the Prime of the Interior, often leading to prolonged Minister, acting in his capacity as Deputy detention without charge or trial. More­ Military Governor. They had been serving over, some of these detainees did not prison sentences originally imposed in appear in court when their initial appeals 1986 (but only enforced in 1989) in con­ for release were heard, and thus spent sev­ nection with the so-called Egyptian Com­ eral months in detention without appear­ munist Party case of 1981 (see Amnesty ing before a judicial authority. These International Report 1990). All of the included Hassan Ibrahim Mar'iy, a former defendants in a similar case dating from parliamentary candidate for the Socialist 1979, in which the defendants had previ­ Labour Party, and 16 others held with him ously succeeded in having their sentences between April and July. quashed by the Court of Cassation, were The overwhelming majority of those retried and acquitted in March. In Novem­ detained under the emergency laws on ber the retrial began of 176 people arrested EGYPT

in the wake of fo od riots which occurred in that his condition was deteriorating as a 83 January 1977. The charges against them result of ill-treatment and lack of adequate included membership of illegal political medical care. organizations, instigating the 1977 riots, No information came to light con­ and distributing leaflets. In April 1980 a cerning the wher abouts of Mostafa stat security court had acquitted 155 of Muhammad 'Abd al-Hamid 'Othman, a them, and sentenced the others to either medical student who "disappeared" after one or three years' impri onment. The his arrest in Zagazig in December 1989. President did not accept this verdict. Fellow students reported seeing him at Several other groups of political prison­ the State Security Intelligence Police Direc­ ers indicted in previous years were acquit­ torate in Lazoghly in January, but official ted on the grounds that their confessions sources stated that he had been released in had not been freely given but resulted from December, 10 days after his arrest. torture or coercion. By the end of the year Dr 'Ala' Mohy al-Din 'Ashour, a promi­ the President had not approved these judg­ nent member of Al-Cama'at al-Islamiyya, ments, and those acquitted, most of whom the Islamic groups, was shot dead in a were members of Islamic groups, remained Cairo street on 2 September, reportedly by at risk of retrial. people shooting from an unmarked car. Allegations of physical and psychologi­ There were allegations that he may have cal torture continued during 1990. The been extrajudicially executed. most common fo rms of torture reported At least 38 people were sentenced to were beatings, suspension, burning with death, including some in absentia, most cigarettes and electric shocks, often accom­ of whom had been convicted of drug­ panied by threats, invariably inflicted by trafficking or murder. No executions were members of the State Security Intelligence recorded of people convicted of drug­ Police. Khalid al-Sharif, a journalist work­ trafficking (see Amnesty International ing for the weekly Al-Haqiqa (The Truth) Report 1990). At least five people who had newspaper, was detained in August for the been convicted of murder and other fo urth time under state of emergency legis­ offences were executed. At least onc death lation. He alleged that security police sus­ sentence was quashed by the Court of pend d him by the wrists and tortured him Cassation. with electric shocks applied to sensitive Amnesty International continued to parts of the body, cigarette burns and beat­ press for the release of prisoners of con­ ings. It was not clear what action, if any, science, including those held because of was taken by the authorities to investigate their religious beliefs. The government said this allegation. that some of those detained had been arres­ Reports of torture were received in the ted because their activities offended reli­ wake of the mass arrests which fo llowed gion and threatened social peace. the assassination in October of the Speaker In February Amnesty International sub­ of the People's Assembly. At least 10 mitted a memorandum to the Egyptian people accused of participating in the mur­ Government concerning the use of admin­ der, including Mamdouh 'Ali Youssef, istrative detention and torture. The organ­ Safwat 'Abd al-Ghani, and the brothers ization called for changes in detention Ahmad and Muhammad Mostafa Zaki, procedures to safeguard detainees from tor­ were reportedly severely beaten while in ture and arbitrary imprisonment. In the incommunicado detention. Mamdouh 'Ali memorandum and again later in the year Youssef suffe red injuries to his spine and Amnesty International urged the author­ had to be carried to his interrogation ities to investigate torture allegations thor­ sessions on a stretcher. The suspects were oughly and impartially in accordance with reportedly held for several weeks at the the provisions of the United Nations (UN) State Security Intelligence Police Direc­ Convention against Torture and Other torate at Lazoghly, Cairo, and were denied Cruel, Inhuman or D grad ing Treatment or access to their lawyers and medical treat­ Punishment, to which Egypt acceded in ment. 1986. However, there was virtually no The health of Nabil al-Maghrebi, a pol­ progress with such investigations. itical prisoner serving a sentence of life In May an Amnesty International dele­ imprisonment in Tora Prison, continued to gation visited Cairo to discuss human give cause for concern fo llowing reports rights with the government and to urge the EGYPT/EL SALVADOR

84 implementation of the recommendations opposition Frente Farabundo Mart[ para la contained in its May 1989 report , Egypt: Liberaci6n Nacional (FMLN). Farabundo Arbitrary Arrest and Torture under the Mart! National Liberation Front, had been State of Emergency, and in its memoran­ fully restored. By March most of the dum. In October 1990 Amnesty Interna­ students, trade unionists, church represen­ tional published the updated text of its tatives, and others who had been rounded February memorandum and said that tor­ up in November and December 1989 had ture and arbitrary detention under emer­ been released. Many of them reported hav­ gency laws "could well continue as long as ing been tortured during up to 15 days' the security forces can detain and torture incommunicado detention in police or mil­ with apparent impunity". itary custody before their transfer to prison. In August Amnesty International deliv­ The lifting of emergency measures coin­ ered an oral statement to the UN Sub­ cided with ren wed talks between the Commission on Prevention of Discrimi­ government and the FMLN, this time under nation and Protection of Minorities, out­ the auspices of the United Nations (UN) lining its concerns about emergency legis­ Secretary-General, to settle the armed lation permitting lengthy administrative conflict. Both parties signed an Agreement detention. on Human Rights in July which committed them to take immediate steps to prevent killings, torture and "disappearances" and also provided for the establishment of a UN EL SALVADOR verification mission to monitor human rights once a cease-fire had been agreed. By the end of the year, peace talks had not been concluded and agreement was still pending, especially regarding army reforms and the punishment of those responsible for human rights violations. While the Agreement on Human Rights was regarded as a positive initiative, many of its provi­ sions were already in fo rce under existing legislation, which had been frequently vio­ lated in the past. The armed conflict inten­ sified during the last two months of the There was a sharp rise in the number of year when the FMLN launched a series of "death squad" murders in the first eight attacks, the stated intention of which was months of the year. Other people were to put pressure on the authorities to negoti­ killed in overt military operations in cir­ ate reforms. cumstances suggesting extrajudicial execu­ The number of killings by "death tions. Members of the armed opposition squads" linked to the armed fo rces rose reportedly killed several captives. Torture sharply between January and August, with was frequently used during police and a total of 51 cases reported - more than military custody and at least two people double the figure for the same period in died in detention as a result. Irregularities 1989. Many of the bodies, often mutilated, in legal proceedings against many of the were fo und dumped by the roadside: iden­ approximately 200 political prisoners tity cards had been removed to prevent included the use of confessions extracted identification. Among the victims were under torture as a basis for charges. New cooperative members Angel Flores Arag6n "disappearance" cases were reported and and rulia Ponce Flores, who were abdu ted the authorities fa iled to clarify thousands in December 1989. A soldier told relatives of others reported in previous years. Virtu­ that they had been handed over to the ally no measures were taken to bring those National Police but the police denied hold­ responsible for human rights violations to ing them. In mid-January their bodies were justice. found by the side of a road. A state of siege remained in force until In April Colonel Juan Manuel Zepeda, April by which time constitutional guaran­ Vice-Minister for Defence, told Amnesty tees, suspended in November 1989 fo llow­ International delegates that he had detec­ ing a major offensive by the armed ted a "typical" death squad unit, made up EL SALVADOR

of three or four soldiers armed with hand­ Report 1990). The colonel and seven of the 85 guns. but denied that such units operated soldiers had been arrested in January fo l­ under official orders. lowing investigations by the Special Inves­ Scores of unarmed civilians were killed tigative Unit and a specially appointed by the military in circumstances suggesting Commission of Honour. Military personnel extrajudicial executions. Many of these repeatedly obstructed or delayed the pro­ killings occurred in rural areas. Roberto ceedings by destroying evidence, giving Vasquez was shot dead on 20 April when fa lse or contradictory testimony and fa iling soldiers raided the fa rming cooperative of to provide information or answer court which he was President. The government summonses promptly. President Alfredo claimed he died in an armed confrontation Cristiani, who had given public assurances but witnesses said there was no exchange on several occasions that the case would be of gunfire and alleged that he was killed clarified as soon as possible, publicly deliberately. admitted for the first time in July that he Some detainees were apparently secre­ had authorized a raid on the Central Amer­ tly executed after arrest by the military. ican University - where the killings among them 16-year-old Jose Acosta occurred - two days before the murders. In Castillo. whose body was found with bullet October the United States (us) authorities wounds on 5 May. He was not identified presented the court with a statement, made until 19 June when the body was exhumed 10 months earlier by a us colonel but at the request of Tutela Legal. the legal aid retracted shortly afterwards, which sug­ office of the Archdiocese of San Salvador. gested that high-ranking Salvadorian mili­ Jos6 Acosta had "disappeared" on 5 May tary officers knew of plans to kill the after being taken into military custody with priests several days before the incident two members of his fa mily who were later occurred. Chain of command responsibility transferred to prison, accused of support­ for the killings had not been established by ing the FMLN. Soldiers had reportedly said the end of the year. they were taking Jose Acosta to the moun­ The authorities fa iled to identify those tains to indicate the location of FMLN responsible for most other apparent extra­ camps. judicial executions in 1990 and previous Some reports were received of the exe­ years. Those cases which were in the cution of detainees by the FMLN. Most of hands of investigative bodies, including the victims were alleged to be informers or the October 1989 bombing of the offices of to have other links with the military or the Federaci6n Nacional Sindical de Tra ­ security forces. Some of those killed were bajadores (FENASTRAS), National Trade shot in front of witnesses. In October eight Union Federation of Workers, in which 10 FMLN members were said to have taken a people died, made no significant progress. peasant and fo rmer soldier they had In May all but one of the 13 soldiers detained, Salvador Arafta Martfnez, to a charged with killing 10 peasants in San fa rm and summoned those who lived there Francisco in September 1988 were acquit­ out of their homes. They reportedly made ted. The remaining defendant, an army the detainee lie fa ce down. accused him of major accused of ordering the massacre. killing a worker on another farm, and then was committed to trial but no trial date had shot him four times in the back. The army been set by the end of the year (see press agency known as COPREFA said he was Amnesty InternationalReport 1990). tortured before he died but the autopsy Irregularities in detention procedures, report examined by Tutela Legal recorded including illegal and often unacknowl­ only the four bullet wounds. A number of edged arrests. were repeatedly reported, people were reportedly abducted by the even after new operational guidelines were FMLN and in some cases their bodies were issued to police and military units at the subsequently fo und. end of July. In August. an Office of Inform­ In December it was announced that the ation on Detainees was opened within the judge investigating the November 1989 judiciary to provide information about killing of six Jesuit priests, their cook and arrests. The security forces were required her daughter had committed an army to present the office with a list of detainees colonel and eight soldiers to trial for every 24 hours. Initial reports suggested their role in ordering or carrying out that they did not always do so, and that the the murders (see Amnesty International office's information was often incomplete. EL SALVADOR

Military units, which frequently carried 200 detainees accused of politically moti­ out arrests even when not empowered to vated offences remained in prison. Human do so, were not required to provide lists of rights lawyers alleged that many had been those arrested. committed to pre-trial detention on the Although the period of police-military basis of confessions extracted under tor­ custody was reduced from 15 days to 72 ture. Mauricio Gabriel Barrera Ard6n hours in March, the use of torture during alleged that when he was taken to court in incommunicado detention persisted, even May police officers threatened to kill him if after the inclusion of provisions banning he refused to ratify the statement they had such practices in the Agreement on Human drawn up on his behalf. When he tried to Rights and the new directives on detention deny its contents before a court official, a procedures. Beatings, sleep and food depri­ policeman reportedly pulled his hair and vation, suspension by the wrists, subjec­ discreetly hit him in the back. He alleged tion to extreme hot or cold temperatures that while in police custody he had been and near-suffocation in the capucha, a rub­ beaten, denied food and sleep for five days, ber hood sometimes filled with lime, were and had his head submerged several times the most common methods of torture in water. d cribed. Torture was most likely to occur Jorge Alberto Miranda Arevalo was during the period before the arrest was acquitted in April of the 1987 murder of acknowledged. human rights worker Herbert Anaya In September political prisoner Carlos Sanabria after the judge concluded that his L6pez was removed from his prison cell in confession had been extracted under San Salvador in the middle of the night. He duress (sce Amnesty International Reports said that armed men, believed to be from 1988 to 1990). However, he remained in the Treasury Police, forced him into a prison pending an appeal by the prosecu­ vehicle, in which he was repeatedly inter­ tion and because he was fa cing other rogated, beaten and threatened with death charges of "subversive association". before being transferred to a prison in Among the "disappearance" cases Gotera. reported to Amnesty International was that The same month 15-year-old Herson of Angel Sebastian Lico Matozo. He was Rivera, detained by National Guard mem­ reportedly abducted by uniformed soldiers bers, was reportedly kicked, punched, of the Destacamento Mi}itar No . 7 (OM7). beaten and threatened with rape. Pressure Military Detachment No. 7 in the town of was applied to his throat and a knife was Ahuachapan in March. OM7 officials denied placed at his neck to try to force him to he had been in detention, but a former confess to belonging to the FMLN. detainee in the OM7 said he had heard At least two detainees reportedly died Angel Lico being interrogated there. in custody as a result of torture. Julian Ros­ Amnesty International also received ales L6pez was arrested in February and information about the "disappearance" of taken to an unknown destination by sol­ 17-year-old Erik Romero Canales fo llowing diers of the Atlacatl Battalion. Several days his arrest by First Brigade soldiers on 18 later his family were informed that his November 1989. His mother was allowed body was in the National Police headquar­ to take him food at the military checkpoint ters. An autopsy report showed severe where he was held overnight. On the fol­ injuries to his head and other parts of his lowing day his mother saw him being body reportedly caused by torture. Mauri­ taken away blindfold to an unknown desti­ cio Quinteros was abducted by armed men nation. By the end of 1990 the case in plain clothes in San Salvador on 30 July. remained unclarified, in spite of eye­ His family eventually located him in police witness evidence of his arrest. custody but were not allowed to sce him. The authorities said they were investi­ On 10 August they were told that he had gating the "disappearance" of six members committed suicide by hanging. However, of the San Cayetano farming cooperative in the autopsy carried out by the judicial Ahuachapan. All were abducted in Decem­ authorities showed injuries which could ber 1989 by individuals allegedly linked to not have resulted from hanging, and the UM7 and at the end of 1990 their where­ human rights workers concluded he had abouts remained unknown. The OM7 died under torture. repeatedly denied allegations that they had At the end of the year approximately been involved in the abductions. There EL SALVADOR/EQUATORIAL GUINEA was no progress in inve tigations into the least one death sentence was reported but 87 "disappearances" of Sara Cristina Chan was later said to have been commuted. Chan Medina and Juan Francisco Massi In late September the government of CMvez, abducted in August 1989 (see President Teodoro Obiang Nguema Mbaso­ Amnesty InternationalReport 1990). go announced that a national human rights Throughout the year, Amnesty Interna­ commission would be established. The tional called on the authorities to take steps announcement came one week after to provent arbitrary arrest, torture, "disap­ Amnesty International had published a pearances" and extrajudicial executions, to report on torture of prisoners in Equatorial clarify the fa te of the "disappeared", to Guinea. The commission will reportedly be investigate human rights violations and to attached to the National Assembly. Its tasks bring those responsible to justice. An are to include investigating reports of Amnesty International delegation visited El human rights violations and publicizing Salvador in April for talks with civilian the government's actions in the field of and military officials, including from the human rights. DM4 and DM7, the Vice-Minister of Defence, and representatives of human rights and other non-governmental organizations. The delegation met victims of human rights violations or their relatives. In 0 tober Amnesty International pub­ lished a report, El Salvador: Killings, Torture and "Disappearances", which was presented to the government. It detailed the organization's concerns, including the rise in the number of "death squad" killings, and contained 34 recommenda­ tions to the government for the protection of human rights. The organization called on the Salvadorian authorities to take effec­ tive measures to ensure that their stated commitments to human rights were fu lly In late November the Vice-President of implemented in practice. The Minister of the Chamber of People's Representatives, Justice wrote to Amnesty International in Antonio Ebang Mbele, was reportedly November stating that he shared the organ­ placed under house arrest because of his ization's commitment to human rights. support for political changes. A week earl­ However, the letter did not address any of ier the Central Committee of the Partido the issue or cases included in Amnesty Democratico de Guinea Ecuatorial (PDGE), International's report. Equatorial Guinea Democratic Party, the only party allowed by law, had said that the country "could adapt" to political plu­ ralism. In early December there were reports that at least six people, including EQUATORIAL Marcelino Asumu Nsue, a fo rmer minister of agriculture, other civilians and soldiers, GUINEA were arrested in Ebebiyin in the northeast of the mainland province of Rio Muni and Seven people were reportedly arrested in later transferred to prisons in the capital, December because of their political views Malabo, or Bata in Rio Muni province. or activities. Six prisoners of conscience They were reportedly suspected of favour­ continued to serve sentences imposed after ing political changes or of contacting gov­ an unfair trial in 1988: a seventh was ernment opponents in exile. Some of those released in February. Five political prison­ detained were reportedly ill-treated. ers were released in August: they too had At the beginning of the year seven pris­ been sentenced after an unfair trial. There oners of conscience were serving sentences were new reports of torture of criminal imposed in September 1988. One of them, suspects in both 1989 and 1990, and of at Primo Jose Esono Mika, was released in least 10 deaths as a result of torture. At February at the President's orders. They EQUATORIAL GUINEA/ETHIOPIA

88 had been convicted, on the basis of state­ Juan Eyeme Nguema, a former director ments extracted under torture, of attempt­ of the National Institute of Social Security, ing to overthrow the government. However, was also report d to have been tortur d the real reason for their imprisonment was when he was detained from April until their membership of, or suspected connec­ early June, apparently in connection with tion with an exile opposition party (see financial questions. Amnesty International Reports 1989 and Amnesty International pressed for the 1990). release of the six prisoners of con cience Five political prisoner were released in still held at the cnd of 1990 after receiving August on the 11th anniversary of th gov­ information which confirmed that they and ernment's accession to power. They had the three others sentenced with them had been convicted in 1986 of attempting to not used or advocated violrlnce. In July it overthrow the government. Onc other, wrote to the government about the recent Sergeant Venancio Mik6, had his sentence reports of tortufC and deaths in custody, reduced to just under nine years' imprison­ and called fo r immediate action to prevent ment. He had been sentenced to death in fu rther abuses. Having received no res­ 1983 for attempting to overthrow the gov­ ponse, Amnesty International publicized ernment but the sentence was later om­ its concorns in September in a report, muted to 30 years' imprisonment (see Equatorial Guinea: Torture. This described Amnesty International Reports 1984, 1987 the use of torture to extract confessions and 1989). All six had been tried unfairly and punish convicted prisoners. Lt also by military courts. In September the gov­ detailed the torture of dozens of political ernment announced that it had released prisoners arrested in August 1988 and of political detainees but did not provide fur­ criminal suspects in 1989 and 1990. ther details. Amnesty International urged the govern­ New information became available dur­ ment to state publicly that torture would ing the year about the torture of criminal no longer be tolerated, to set up an inde­ suspects in both 1989 and 1990. A total of pendent and impartial inquiry into reports 10 people reportedly died as a result. of torture, and to introduce effective safe­ At least 20 people from Ebebiyin were guards against torture and ill-treatment of reported to have been tortured in early prisoners. 1989, initially in Ebebiyin and again after In October Amnesty International they had been transferr d to Bata. They responded to a government invitation to were apparently suspected of using a form visit Equatorial Guinea by confirming its of sorcery, known locally as kong, to kill wish to visit Equatorial Guinea and asking people and turn them into obedient spirits for previously requested information about or "zombies". ine of those held report­ its concerns to be made available in edly died as a result of torture: the others advance of any visit. Jt also asked the gov­ were acquitted of murder in mid-1 989, ernmenl to indicate the steps it would take although reports suggested that they may to investigate and prevent torture. have been retried in May 1990 and sen­ t nced to prison terms. Two other criminal suspects were r portedly tortured in Bata in January ETHIOPIA 1990. Jose Eneme, Equatorial Guinea's con­ sul in Douala in neighbouring Cameroon, Hundreds of suspected government oppo­ and his friend Alberta Nsue were arrested nents continued to be detained, mostly in Equatorial Guinea and accused of using without charge or trial, including some kong to caus the death of Jos6 Eneme's held since the late 1970s. They included deputy, Jose Maseme, who had died in a prisoners of conscience, There were also road accident in ('..ameroon. Alberta Nsue new political arrests. In September some was said to have died as a direct result of political prisoners in Eritrea were torture. Jose Eneme sustained injuries to released. Twelve army generals arrested his face, legs and feet. He was then appar­ in 1989 for involvement in a coup attempt ently convicted of homicide in Ebebiyin in were executed and 23 army officers were May and sentenced to d ath; th sentence sentenced to prison terms after trials was reportedly commuted to 30 years' which fa iled to satisfy international fa ir imprisonment. trial standards. Torture and ill-treatment ETHIOPIA of political prisoners continued and there Details of political prisoners were, as 89 were new reports of extrajudicial execu­ in previous years, difficult to obtain. Hun­ tions by government troops. At least 60 dreds of suspected political opponents, people were under sentence of death at the including prisoners of conscience, were end of1990. held in secret and tortured by the security There was renewed fighting between police. Most political prisoners were government and opposition forces, par­ detained indefinitely without charge or ticularly in Eritrea and central Ethiopia. trial, with no opportunity to challenge the Preliminary peace talks broke down in legal basis or reasons for their detention, early 1990. In the north, the Eritrean despite constitutional guarantees. Some People's Liberation Front (EPLF) captured allegedly "disappeared" after their arrest the port of Massawa in February and con­ and may have been extrajudicially exe­ trolled most of Eritrea, except for Asmara cuted. and the port of Assab. The Ethiopian During 1990 there were reports of new People's Revolutionary Democratic Front political arrests, especially of people sus­ (EPROF). headed by the Tigray People's pected of having links with opposition Liberation Front (TPLF). which had con­ groups such as the EPLF, TPLF and OLF. trolled Tigray since 1989, captured sub­ People from Tigray region were particu­ stantial territory in the central regions. The larly targeted for arrest in early 1990, in Oromo Liberation Front (OLF) was active reprisal for the TPLF'S advance south. in Asosa district in western Ethiopia. Three trade union leaders arrested in Unarmed civilians were killed in bombings the capital, Addis Ababa, in January, by the Ethiopian air force and by soldiers apparently for political reasons, remained in the areas of conflict. in detention without charge or trial at the end of the year. They included Alemayehu Tadesse of the official All-Ethiopia Trades Union. In May about 300 university stu­ dents in Addis Ababa were arrested and held for a few days when they demon­ strated against the execution of 12 army generals and called on the government to resign. Some demonstrators were wound d when security police fired on them but reports of killings were unconfirmed. Two foreign journalists and two Ethi­ opians whom they had interviewed were arrested in May because the interview con­ tained criticisms of the government. The two fo reigners were expelled but the two Ethiopians were reportedly tortured and There were reports of human rights were detained until September, when they abuses by opposition groups. Opponents were released uncharged. of the TPLF leadership were said to be Reports continued to be received of still detained by the TPLF after several years people being forcibly conscripted into the and to be held in harsh conditions. There armed forces, including boys as young as were reports of killings of government sup­ 12 years old. Some were punished with porters by both the TPLF and the OLF - the detention or beatings for attempting to latter denied killings reported in Asosa in evade or escape military service. February. Over 100 known long-term political In March the central committee of the detainees arrested in previous years were Workers' Party of Ethiopia (WPE), the only still held at the end of 1990. Among them legal party, announced economic reforms. were prisoners of conscience such as Are­ It also proposed to allow political opposi­ gai Gebre-Igziabeher, a Tigrayan student tion groups if they accepted the territorial held since 1978 for alleged links with the unity of the country and the leadership of TPLF, and Mulugetta Mosissa, an Oromo the WPE. However, no further announce­ civil servant detained since 1980 for ment was made regarding the implem nta­ alleged OLF links. Political prisoners still tion of these proposals. held included Tadelech Haile-Mikael, a ETHIOPIA

90 journalist detained since 1979. Her hus­ son and mutin , which began in December band, a leader of the opposition Ethiopian 1989, was held mostly in camera. and the People's Revolutionary Party (ErRP), was proceedings were kept secret. The presid­ killed in custody shortly after her arrest. ing judge was reportedly removed shortly Berhanu Mamo, mayor of Mekelle in before the verdict was announced, alleged­ Tigray region, also remained in detention. ly because the government disagreed with He was arrested in 1984 with numerous his handling of the trial. The defendants other Tigrayan officials, over 100 of whom had legal representation but were not were still held. They came under suspicion allowed private access to their families and when detainees being tortured apparently had no right of appeal. Some defendants claimed they were TPLP supporters. In addi­ reportedly told the court that they had tion, numerous Eritreans were in detention been tortured. The death sentences and in Asmara and Addis Ababa on suspicion executions were announced together on 21 of involvement with the EPLF. Ajak Obuyi May but the executions probably took and 27 other farmers belonging to the place at least two days earlier. Two other Anuak ethnic group reportedly remained senior officers were sentenced to 10- and in detention in Metu prison in the south­ I5-year prison terms. A second secret trial west. Held since 1976, they were appar­ of 21 middle-ranking officers began in Jan­ ently suspect d of belonging to an armed uary and ended in June. All were convicted opposition group. and sentenced to between one and seven Some 130 military personnel arrested in years' imprisonment. A third trial of high­ connection with the coup attempt in May er-ranking officers started in January but 1989 also remained in det ntion without appeared to have been adjourned charge. In addition, at least three civilians indefinitely. arrested after the coup attempt were still Torture of people arrested for political held without charge or trial. They included reasons continued to be reported. Those Genet Mebratu, a United Nations (UN) held by the security police were reportedly World Health Organization official and beaten on the soles of the feet . hung by widow of one of the coup leaders, and the wrists or ankles, subjected to electric Teferra Won de, a former deputy prime shocks. plunged into cold water or scalded minister. There was still no information with hot oil, or suffered injuries to their about the "disappearance" in custody in bones. hearing or eyesight from beatings. June 1989 of Fanta Belay, a former minister Several long-term detainees were of industry and air force commander. reportedly ill as a result of torture or denial Some 270 EPLP fighters captured in the of medical treatment. Among them were late 1970s were still detained along ide Abdulkadir IIassan Mohamed. known as political prisoners in Addis Ababa's Cen­ "Isbarije". a 62-year-old former DFSS finance tral Prison. In addition, 18 former m mbers secretary who was suffering from pul­ of a Somali armed opposition group monary tuberculosis, and Nigist Ghiorghis, opposed to the Somali government, the a woman arrested in 1978 as an alleged D mocratic Front for the Salvation of EPL!' member. who had an untreated heart Somalia (DFSS), remained in detention. complaint. They had been held in Ethiopia without Once again there were reports of extra­ charge or trial since 1985 and 1986. judicial executions by government soldiers, Marking the 16th anniversary of the rev­ although confirmed details were difficult to olution which overthrew the previous gov­ obtain. A judge and seven other Tigrayans ernment, the government announced the were reportedly extrajudicially executed release in September of 620 Eritrean pris­ in Arba Minch in southern Ethiopia in Jan­ oners held in Asmara who were serving uary. in reprisal for TPL!' military successes prison sentences of up to 20 years. They in central Ethiopia. Thirty people were were said to include political prisoners, reported to have been rounded up in but no details were published. Asmara on 9 June. allegedly fo r breaking A total of 47 military officers arrested the .urfew, and to have been extrajudi­ after the coup attempt in May 1989 were cially executed. tried during 1990. In May, 12 generals were At least 60 people were reported to be sentenced to death by the military division under sentence of death for criminal of the Supreme Court and were immediate­ offences in Addis Ababa's Contral Prison ly executed. Their trial on charges of trea- at the cnd of 1990. lIowevor. no details ETHIOPIA/FIJI were available on court-imposed death Or Anirudh Singh. a lecturer at the Uni­ 91 sentences or executions during the year. versity of the South Pacific (usp) and chair­ apart fro m the executions of the 12 army man �f a local civil rights organization. the generAls in May. Group Against Racial Discrimination Amnesty International continued to (CARD). was abducted by soldiers on 24 appeal to President Mengistu Haile-Mariam October. taken to woodl�nd and tortured. for the release of prisoners of conscience He was held for 11 hours during which he and for other political detainees to be was tied up. beaten severely and had his brought to trial fa irly and promptly. or hair burned with cigarettes. He was appar­ released. The organization urged a full ently questioned about a peaceful protest review of all cases of untried political on 18 October bv around 200 ethnic Indi­ detainllcs and appealed for those in poor ans. during which a copy of Fiji's new con­ health to be given proper mlldical treat­ stitution was burned. The government ment. The organization also sought inform­ ordered an investigation into the protest. ation about the trials of those arrested after which it described as illegal. "despicable the May 1989 coup attempt. and ask .d to and treasonous". send an observer to assess the fairness of Three journalists working for the Dailv the triAls. but no reply WAS received. Past newspaper were arrested in October Amnesty International also received no and charged under Section 15(a) of the re ply when it again urged the authoritills to 1976 Public Order Act. The arrests fo l­ receive an Amnesty International dr.lega­ lowed a report in the newspaper that a fur· tion to discuss human rights in Ethiopia. ther protest was to take place at the In an oral statement to the UN Sub­ university over the abduction and torture Commission on Prevention of Discrimina­ of Or Singh. at which more copies of the tion and Protection of Minorities in Constitution would be burned. On the day August. Amnesty International expressed that the report appeared. the government concern about administrative detentions banned all meetings. proc ssions and in Ethiopia. assemblies at the university campus in the interests of "public safety" and "public order". The CARD. however. reportedly denied that protests wero planned. FIJI Or Singh and six others - fo ur uSP lec­ turers. a medical doctor and a former . .... school teacher - were arrested and charged with sedition and unlawful assembly on 1 November. Their trial had not taken place by the end of 1990. If imprisoned. it appeared likely that they as well as the three journalists would be prisoners of conscience. The trial of 21 peoplr. charged with arms-smuggling in 1988 (see Amnesty International Reports 1989 and 1990). msulted in 19 being conditionally dis­ charged and one being acquitted. One of A leading critic of the government was thr. accused had left the country before abducted and tortured. After his release he charges were brought. and six others were charged with sedition Amnesty Internation, I expressed con­ and unlawful assembly. Three journalists cern about the abduction and torture of Or also faced charges in connection with a Singh to Prime Minister Ratu Sir Kamisese newspaper report. All 10 were at liberty Mara and called fo r an urgl'nt and impar­ and had not been tried by the end of the tial inquiry. The governmr.nt replied that a year. police investigation had been initiated. It A new constitution was promulgated in also said that there was no indication that July to mplace the anr. suspended after thr. the military or police had been involved in H187 militarv coup. It guarantees power for the incident. However. fo llowing the inves­ indigenous Fijians. although they comprise tigation five soldiers were charged with the just und r ha lf the population. abduction of Or Singh with intent to cause FlJljFlNLANDjFRANCE

92 grievous bodily harm. They pleaded guilty International Report 1990). Veijo Heikkila, and on 21 November received suspended another conscientious objector adopted as prison sentences. a prisoner of conscience, was released in August. Timo Kinnunen was released after completing his sentence in October. Mauri Robert Ryoma and Timo Kin­ FINLAND nunen, along with two other imprisoned conscientious objectors who were not con­ sidered prisoners of conscience, began a hunger-strike on 23 April. The action was aimed in part at drawing attention to the punitive length of alternative service. Timo Kinnunen ended his hunger-strike on 18 May as a result of his deteriorating health; the others continued. On 31 May President Mauno Koivisto reduced Mauri Robert Ryoma's sentence and he was released shortly afterwards. The two remaining hunger-strikers were granted a presidential pardon. Earlier in May Amnesty Interna­ tional had called on the government to release the two prisoners of conscien e immediately and to guarantee them ade­ Three conscientious objectors to military quate medical care. service began serving prison sentences; In a letter of 14 August to the two of them completed their sentences and Finnish President, Amnesty International were released. Four conscientious objec­ expressed its concern that Timo Kinnunen tors imprisoned in 1989 were also released had not received a pardon or reduction of after completion of their sentences. All sentence as had Mauri Robert Ryoma and seven were considered prisoners of the other two hunger-strikers. conscience. Amnesty International considered that In February Finland signed the United because of its punitive length, civilian Nations Second Optional Protocol to the service did not provide an acceptable alter­ International Covenant on Civil and Poli­ native to military service and sought the tical Rights Aiming at the Abolition of the release of conscientious objectors whom it Death Penalty. It had not yet ratified this considered prisoners of conscience. in trument by the end of the year. In May Finland ratified both the European Conven­ tion on Human Rights and its Protocol No. 6 concerning the abolition of the death FRANCE penalty. Finnish law on unarmed and civilian Hundreds of conscientious objectors to the service was last amended in 1987, increas­ national service laws. the vast majority of ing the length of alternative service from them Jehovah's Witnesses, were consid­ 12 to 16 months: twice as long as military ered prisoners of conscience. There were service. reports of ill-treatment in police custody. Three conscientious objectors began Conscientiou obje tors who refused to serving their sentences. Mauri Robert conform to the national service laws con­ Ryoma, a hospital a sistant, began serving tinu d to receive s ntences of up to 15 a 12-month sentence in January. Timo Kin­ months' imprisonment. The alternativ nunen, a student, began serving a seven­ civilian service available to recognized month sentence in March. Hannu conscientious objectors remained twice Puttonen, an editor, began serving a 12- the length of ordinary military service. month sentence in October. Thierry Daligault refused to perform Three conscientious objectors were military service because of his Christian released in June after serving their sen­ and pacifist beliefs. He did not apply for tences: Karri Dyrendahl-NybJin, Tomi civilian service because, among other Saarinen and Juha Kanerva (see Amnesty objections, he considered its length to be FRANCE/GABON

punitive. He was arrested on 19 July and Abdelaziz Gabsi and Kamel Djellal 93 fo llowing a trial on 27 November was sen­ alleged that they were ill-treated on the tenced to 12 months' imprisonment for night of 11 December 1989 in Echirolles, failing to obey all-up orders and refusing near Grenoble, after a police officer asked to put on military uniform. to see Abdelaziz absi's identity papers. At least three imprisoned conscientious They claimed that when Abdelaziz Gabsi objectors had been refused conscientious offered a jacket containing the papers the objector status because their applications police officer insulted him, struck him had been made after their call-up orders across the fa ce with the butt of his shotgun were issued. and then hit him several more times on the head. The police officer then allegedly struck Kamel Djellal several times, hand­ cuffed him and beat him to the ground. He was also bitten by a police dog in the charge of a second officer. Following the incidents Abdelaziz Gabsi's face was reportedly badly bruised and swollen, and Kamel Djellal required 20 stitches to wounds on his head and face. The police stated that the accused officer had been attacked by Abdelaziz Gabsi and had acted only in self-defenc . The Public Prosecutor's office in Grenoble opened a judicial inquiry into the allega­ tions and ordered the General Inspectorate of the National Police to carry out an inves­ Ludovic Bouteraon stated that when he tigation. The inquiry was apparently con­ registered for national service in early tinuing at the end of the year. 1990, he informed the authorities of his A judicial inquiry opened in September wish to perform an alternative civilian ser­ 1989, following Lucien Djossouvi's allega­ vice compatible with his pacifist beliefs. tions of ill-treatment by the police in Paris He claimed that he received no indication (see Amnesty Intern ational Report 1990), that there were further procedures to be had not concluded. fo llowed to obtain conscientious objector Amnesty International considered that status. lIe therefore reported to an air force because of its punitive length civilian ser­ base on 1 August, as ordered, declared his vice did not provide an acceptable alterna­ conscientious objection and refused to per­ tive to military service. It also considered form military service. He was held under that individuals should be able to seek con­ arrest at the base until 17 August, when he scientious objector status at any time. It was tried under a summary procedure by a appealed throughout the year for the Strasbourg court. lIe was sentenced to 15 release of conscientious objectors whom it months' imprisonment and transferred to a considered to be prisoners of conscience, civilian prison. On 8 September he submit­ including Thierry Daligault and Ludovic ted a formal application for conscientious Bouteraon. The organization expressed objector status to the Ministry of Defence. concern to the authorities about allegations This was rejected in October, on the of ill-treatment in police custody and asked grounds that it had been made outside the to be informed about the progress and stipulated time limit. In November an outcome of inquiries opened into such appeal court reduced his sentence to 12 allega lions. months' imprisonment, eight of which were suspended. He was released on con­ ditional liberty in Decemb r and exempted from further military obligation. GABON Several judicial inquiries were under way into allegations of ill-treatment in Seven prisoners of conscience were police custody. These often concerned released. Eighteen people arrested in 1989 immigrants and French citizens of North in connection with two alleged plots to African origin. overthrow the government were tried by GABON

94 the State Security Court: they had only a detained without charge or trial since limited right of appeal. Two detainees December 1989 for allegedly distributing were reportedly ill-treated. leaflets on behalf of an opposition party, In May a new constitution was intro­ the Mouvement de redressement national duced to end the one-party state and allow (MORENA), Movement for National Recovery political parties other than the ruling Parti (see Amnesty International Report 1990). democratique gabonais (PDG), Gabonese Five other prisoners who were among Democratic Party, headed by President over 20 people arrested in late 1989 in con­ Omar Bongo. This followed a series of nection with two separate alleged plots to strikes, demonstrations and riots by stu­ kill President Bongo and overthrow the dents, workers and others calling for social government (see Amnesty International and political reform and fo r the convening Report 1990) were released in January. A of a national conference to discuss the pre-trial judicial inquiry concluded that need for constitutional hange. The confer­ they had no case to answer. Eighteen oth­ ence, which was convened in March by the ers, however, were brought to trial before government and attended by about 170 the State Security Court for their alleged political and other groups, came out in involvement in the two coup plots. Eight of favour of a multi-party political system. It them, including Lieutenant Colonel also adopted a Charter of Liberties Georges Moubandjo, were sentenced in reaffirming the rights guaranteed by the November to between five and eight years' Universal Declaration of Human Rights imprisonment with hard labour. Six of the and the African Charter on Human and seven accused who faced charges at a sec­ Peoples' Rights. ond trial in December were present in court; Pierre Mamboundou, a leading gov­ ernment opponent recently expelled from France to Senegal, was tried in absentia. Four of the seven, including Pierre Mamboundou and Mathias Boussougou­ Mapangou, a former commander of the presidential guard, were sentenced to between one and 10 years' imprisonment. Daniel Cohen, a French national, was given a six-year suspended sentence, and two, including Valentin Mihindou Mi Minzamba, a former minister and presiden­ tial adviser, were acquitted. All those sen­ tenced were convicted of conspiring to overthrow the govern ment. Defendants sentenced by the State Security Court are Further riots broke out in Libreville and restricted on appeal to raising points of Port-Genti! shortly after the introduction of law. All those sentenced in November and the new constitution when the leader of December appealed for presidential a newly formed political party, the Pa rti clemency but this had not been granted by gabonai du progres (PGP), Gabonese the end of 1990. Progress Party, died in suspicious circum­ The government did not disclose the stances. PGP supporters alleged that Joseph results of autopsies on two other prisoners Rendjambe had been killed by government arrested in connection wi th the alleged agents but the authorities denied the alle­ conspiracies to overthrow the government, gation. The government then declared a who had died in detention in 1989 (sce state of siege, which remained in force Amnesty International Report 1990). The until August, and the army was called in to authorities had told Amnesty International quell the disturbances. that the autopsy findings in both cases National Assembly elections took place would be disclosed after the trials of the in September and October. The PDG won a alleged coup plotters had been concluded. majority of seats amid opposition allega­ Two PGP supporters arrested at the tions of ballot rigging. time of the May riots were reportedly ill­ Seven prisoners of conscience were treated while detained incommunicado by releas d in January. They had been the Service de con/re-ingerence, Counter- GABON/GAMBIA/GERMANY intelligence ervice. They were subse­ prison to face trial. On 12 October, before 95 quently brought to trial in October with being brought to trial, they were handed other PGI'sup porters but released. over to immigration officers at Jiboro vil­ Two people convicted in 1989 in lage by Gambian gendarmes. They were absentia of attempted murder and one then taken to the border and forcibly person convicted in 1989 of ritual murder returned to Senegal. At least one of them, remained under entence of death. No Sekou Mary, known as Agnocoune, avoid­ new death sentences or executions were ed arrest and returned to the Gambia where reported. he was arrested on 23 October by police Amnesty International welcomed the officers at Brikama. He was handed over release of prisoners of consci nee, and directly to the enegalese security forces called fo r the fair trial or release of olher without any court proceedings. He died in political detainees and the commutation Diouloulou police station soon after. appar­ of death sentences. It also urged the gov­ ently as a result of beatings. ernment to clarify the circumstances in Amnesty International appealed to the which two political detainees had died in Gambian Government to respect its inter­ detention in 1989. national obligations by ensuring that asylum-seekers were not involuntarily returned to countries where they would be at risk of torture, imprisonment as prison­ GAMBIA ers of conscience, or execution. It also urged the authorities not to imprison asy­ lum-seekers or refugees from Casamance for entering the country "illegally" or for having no residence rights in the Gambia. The government acknowleged that nine Senegalese had b en fo rcibly returned to Senegal, saying that there was no reason to believe that any harm would come to them. It did not comment on the death in police custody of Sckou Mary.

GERMANY

On 3 October the German Democratic Ten Senegalese nationals who sought Republic (GDR) acceded to the Federal asylum in the Gambia were forcibly repat­ Republic of Germany (FRG). Most federal riated: one was subsequently reported to law came into force throughout the unified have died as a result of torture in police country. Before unification, laws which custody in Senegal. The 10 Senegalese, had been used in the GDR to imprison including Ibou Camara, a fo rmer political prisoners of conscience were reformed or prisoner, fled to Gambia in June and July repealed. In the FRG a defendant accused from Senegal's Casamance region fo llow­ of defaming the state by publishing leaflets ing clashes there between Senegalese was acquitted. Political prisoners who security fo rces and armed insurgents (see may not have received a fa ir trial in the Senegal). Casamance villagers suspected of GDR continued to be detained. Prisoners supporting the insurgents were reportedly detained under anti-terrorist legislation in tortured and extrajudicially executed by the FRG continued to be held in virtual Senegalese soldiers. Many villagers fled to isolation. neighbouring Gambia to seek asylum. In July a law revising the COl{ Penal The 10 men were arrested on 26 Sept­ Code came into fo rce which reformed or ember in several villages by the Gambian abolished provisions that had been used to security fo rces. They appeared in court in detain people for exercising their rights to Kanifing on 8 October charged with enler­ freedom of expression, association, assem­ ing the country without a residence permit bly and movement. and were r manded in Banjul's Mile 2 Following the accession of the GOI{ GERMANY

96 under Article 23 of the FRG Constitution, All-German elections took place on 2 the unified country was named the Fed­ December, in which the centre-right coali­ eral Republic of Germany. The Unification tion led by Helmut Kohl won a decisive Treaty between the GDR and the FRG, victory. Richard von Weizsacker remained signed in August, contained inter alia pro­ Head of State. visions on constitutional and legal reform. In April Christiane Schneider, who had On 3 October the FRG Constitution and been accused of maliciously defaming the most federal law came into force in state through the dissemination of written the five re-established Uinder (states) - materials, was acquitted by the Cologne Brandenburg, Mecklenburg-Vorpommern, District Court. She had admitted publish­ Sachsen, Sachsen-Anhalt and Thiiringen - ing leaflets which included a declaration and international treaties and obligations by a prisoner describing the government undertaken by the FRG before unification policy towards Red Army Faction prison­ became applicable. International treaty ers as an "extermination program" and the obligations of the GDR were to be reviewed isolation of prisoners as "isolation torture". as to their continued application, adjust­ An Amnesty International delegate attend­ ment or expiry. Former GDR law remained ed the trial in order to assess whether, if valid as far as it was compatible with the imprisoned, Christiane Schneider would Constitution. The Treaty provided that vic­ be a prisoner of conscience. tims of politically motivated prosecutions In September prisoners in 38 prisons in and convictions of the "SED [the former the GDR partiCipated in rooftop occupations ruling party] regime of injustice" would be and hunger-strikes demanding, among rehabilitated, and would receive compen­ other things, a review of their sentences. sation. Judicial decisions by the former GDR Later that month a law on remission of sen­ courts remained in force, but those convict­ tences came into fo rce in the GDR reducing ed by the criminal courts would be given by one-third most prison sentences passed the right to have their convictions and sen­ before July by GDR courts. In addition the tences reviewed. law gave every prisoner sentenced before July the right to apply to have his or her sentence reviewed by an independent committee. Prisoners detained under anti-terrorist legislation in the FRG continued to be held in virtual isolation. Prolonged isolation may have serious effects on the physical and mental health of prisoners and may constitute cruel, inhuman or degrading treatment (see Amnesty International Report 1990). One woman was held in virtual isola­ tion in Stuttgart (sometimes known as Stammheim) prison. Previously, the Baden­ Wurttemberg Ministry of Justice had said that Stuttgart prison was not suitable for In February the FRG ratified the the long-term detention of women prison­ European ,onvention for the Prevention ers. Brigitte Mohnhaupt, imprisoned since of Torture and Inhuman or Degrading 1982 under anti-terrorist legislation, was Treatment or Punishment and in October moved to Stuttgart prison in June. Report­ ratified the United Nations (UN) Convention edly, she spent 23 hours in isolation in her against Torture and Other Cruel, Inhuman cell and had one hour's exercise a day, or Degrading Treatment or Punishment. which she took alone every other day and The FRG also signed in February the Second on alternate days with three other women Optional Protocol to the International prisoners who were foreign. Communica­ Covenant on Civi l and Political Rights tion with the three women was difficult, as Aiming at the Abolition of the Death Penal­ reportedly only one of them spoke a little ty, which it had not ratified by the end of German. According to her lawyer, Brigitte the year. The GDR ratified the Second Mohnhaupt's concentration had deteriorat­ Optional Protocol in August. ed owing to years of isolation. In November GERMANY/GHANA she was moved to Aichach prison in countries. The organization asked for the 97 Bavaria, where she reportedly continued to papers to be brought to the attention of the be kept in virtual isolation. FRG and GDR representatives of joint com­ The authorities said in August that missions which had been set up to exam­ Andrea Sievering (see Amnesty Interna­ ine ways in which the social, economic tional Report 1990) was still held in Stutt­ and political systems of the two countries gart prison as she was a witness in a trial could be brought into harmony to facili­ taking place in Stuttgart. tate unification. In July the FRG Federal The government informed Amnesty Ministry of Justice replied that it had International in December that it had brought the information submitted by repeatedly looked into allegations that pris­ Amnesty International to the attention of oners detained under anti-terrorist legisla­ the relevant representatives. tion were subjected to "inhuman isolation" by the authorities. The government said it did not believe that isolation occurred when there was regular contact with other GHANA people and the outside world through radio, television and correspondence. Tn its reply, Amnesty International expressed concern that the degree of social isolation in which prisoners detained under anti-ter­ rorist legislation were held may have been harmful and therefore may have amounted to cruel, inhuman or degrading treatment. The organization referred to past examples, including the case of Brigitte Mohnhaupt, which indicated that in several cases the health of these prisoners had been impaired as a consequence of their prison conditions. It called on the government to consider increasing social contact for these prisoners and asked what steps it had At least 11 prisoners of conscience were taken to this effect. Amnesty lnternational held in detention without trial. About 40 also asked to be informed in detail about soldiers and civilians suspected of plotting the reviews carried out by the government against the government remained in deten­ of allegations that the prison rs were held tion without charge or trial at the end of in inhuman isolation. 1990, including some who had spent more During the year Amnesty lnternational than five years in custody. Ten other wrote to the GDR Procurator General and detainees were released in June. Twenty five regional public procurators requesting people were sentenced to death and nine copies of court documents relating to the executed. trials of 11 prisoners who had been con­ Under pressure to allow debate on victed in the GDR. The organization expres­ whether political parties should be legal­ sed concern that they might not have been ized, the government organized seminars given a fair trial because trials in the GDR about democracy but harassed critics call­ had in the past regularly been held in cam­ ing for a return to constitutional rule. era and court documents had often not Members of the new Movement for Free­ been available. The public procurators dom and Justice were briefly arrested and replied that two prisoners had been charged with spreading fa lse information released, and that some of the cases would (the charges were later withdrawn), and be investigated to establish whether the were refused permission to hold public sentences should be quashed. By the end of meetings. the year Amnesty International had not Major Courage E.K. Quarshigah, whom received the r quested court documents. the authorities accused of plotting to over­ In June Amnesty lnternational wrote to throw the government, remained in deten­ the Chancellor of the FRG and to the Prime tion without charge or trial together with Minister of the COR submitting a number of four other members of the security forces papers describing its concerns in both arrested in September 1989. Five other GHANA

98 military and secUIity police officers were Preventive Custody Law, PNDC Law 4 of arrested in January in connection with the 1982, which allows the indefinite deten­ same case. One was subsequently released tion without charge or trial of anyone sus­ without charge and two were said to have pected of threatening the secUIity of the escaped, but the two others remained in state. Among them was Bombardier detention without charge or trial at theend Mustapha Mohamed, a prosecution witness of 1990. All the detainees were prisoners of at the trial of those allegedly involved in conscience. the November 1982 coup attempt, who was A board of inquiry set up to investigate not released after giving evidence. They the alleged conspiracy apparently found included Corporal Daniel Dzane and insufficient evidence to justify any Sergeant Nicholas Osei, held in connection prosecutions. A summary of its findings, with alleged coup attempts in 1983. Also published by the government, contained held were at least 14 soldiers arrested factual errors about certain detainees, in 1985, including Lance-Corporal Osho apparently to attribute motives to them for Kojo Ampah, some of whom were appar­ joining a conspiracy. According to the ently suspected of planning to assassinate summary, only two witnesses admitted the head of state, Flight-Lieutenant J.J. to any conspiracy - Flight-Lieutenant Rawlings, in February 1985. William Kofi Domie, who died in secUIity In June the release was announced of 10 police custody in September 1989, and a political detainees who had been held for soldier who was subsequently kept in years without charge or trial. They includ­ incommunicado detention. No inquest was ed Kojo Adjei Brempong, detained since held into the circumstances of Flight-Lieu­ 1986, whose release was previously tenant Domie's death (see Amnesty Inter­ announced in an amnesty in February national Report 1990). 1987. The others released were all believed Kweku Baah, a lawyer and former gov­ to be former members of the secUIity ernment minister, was arrested in June and forces; five had been held since 1983 or detained for five weeks before being 1984, the other foUI since 1985, 1986 and released without charge. No reason was 1988. given for his detention but it seemed to be Public Tribunals sentenced 20 prisoners in connection with plans to commemorate to death for mUIder and armed robbery. the mUIder in June 1982 of three judges Nine prisoners convicted of armed robbery and a retired army officer. Members of in 1989 were executed in February, the first the military government were allegedly known executions since 1988. involved in the mUIder and leading mem­ Amnesty International appealed for the bers of the Ghana Bar Association were release of Major Quarshigah and those detained in June 1989 when they planned detained with him, and UIged a review of commemorative lectures (see Amnesty the detention or convictions of prisoners InternationalReport 1990). held for alleged involvement in coup Two possible prisoners of conscience attempts or conspiracies against the gov­ continued to serve prison sentences after ernment. Amnesty International continued unfair trials in 1983 in which they were to call for an end to the use of the death convicted of involvement in a coup penalty and appealed for the commutation attempt in November 1982. Andrews of death sentences. In July Amnesty Inter­ Kwame Asare Pianim, an economist and national published a report, Ghana: Deten­ former chief executive of the Cocoa Mar­ tion without Trial - the Quarshigah keting Board, was serving an 18-year "Conspiracy", in which it detailed its con­ prison sentence, and Jacob Jabuni Yidana, cerns about the cases of Major Quarshigah a former senior police officer, an eight­ and his co-detainees. In response, the gov­ year sentence (see Amnesty International ernment invited Amnesty International to Reports 1984 to 1987). visit Ghana to discuss its concerns: such a At least 40 political detainees - possibly visit was expected to take place in early more - were still held in administrative 1991. detention at the end of 1990. The majority of the detainees had been held since the first half of the 1980s on suspicion of involvement in conspiracies against the government. Most were detained under the GREECE

Between 30 and 40 men, who were not 99 Jehovah's Witnesses, had not been charged GREECE or imprisoned by the end of 1990 after pub­ licly declaring their conscientious objec­ tion to military service on a variety of grounds. In January two ethnic Turks, Sadik Ahmet and Ibrahim Serif, were sentenced to 18 months' imprisonment and three years' deprivation of civil rights under Article 192 of the Penal Code, which pro­ scribes incitement to violence or mutual discord. The basis of the charge was their use of the word "Turk" to describe the eth­ nic Turkish minority in Western Thrace in a 1989 election manifesto. There was no indication that they had advocated viol­ ence. Ethnic Turks in Greece are officially considered to be Greek Muslims and are Some 400 conscientious objectors to forbidden to organize associations whose military service, all of them Jehovah's Wit­ names include the word "Turkish". In nesses, were in prison: all were prisoners March Sadik Ahmet and Ibrahim Serif of conscience. Two ethnic Turks were also were released following appeal: the appeal considered to be prisoners of conscience. court reduced their prison sentences to 15 There were allegations of torture and ill­ months and 10 months respectively and treatment in police custody. allowed them to pay a fine instead of serv­ Draft legislation first announced in 1988 ing the rest of their sentences. In April (see Amnesty International Reports 1989 Sadik Ahmet was elected as an indepen­ and 1990), proposing alternative civilian dent deputy to the Greek Parliament. service double the length of military ser­ A number of people alleged that they vice, had still not been debated in parlia­ had been tortured and ill-treated by the ment by the end of 1990. police. Kostas Andreadis, taken into police Most of the imprisoned conscientious custody in March, stated that he had been objectors were serving four-year sentences, forced to confess to crimes after being tor­ which could be reduced to about three tured by fa langa (beating on the soles of years by working for part of the sentence. the feet), electric shocks and threats that he Jehovah's Witness minister Daniel would be thrown out of a window at the Kokkalis continued to be held in prison Thessaloniki Police Headquarters. An (see Amnesty International Report 1990). official medical report certified injuries to In March a further two ministers, Dimitris both feet. Tsirlis and Timothy Kouloubas, were In September Emmanuel Kasapakis detained. They were sentenced in April lodged a complaint against the police for and May respectively to four years in beating him at his home in Athens after prison. Their appeal hearings were post­ they had called in connection with loud poned twice and had not been held by music at a party there. An official medical the end of the year. The imprisonment of report certified injuries to the head which Jehovah's Witness ministers was in direct had needed stitches and had caused con­ contravention of Law 1763/1988 which cussion and amnesia, and injuries to the exempts, among others, religious ministers lefthand. of a "recognized religion" from their mili­ An inquiry into Dimitris Voglis' com­ tary obligations. The Jehovah's Witness plaint about police torture was not con­ faith has been legally "recognized" in cluded (see Amnesty International Report Greece for many years. 1990). In October the Council of State ruled Amnesty International appealed repeat­ that Daniel Kokkalis should have been dis­ edly for the release of all imprisoned con­ charged from military service as a minister scientious objectors and urged the of a recognized religion. However, he was government to introduce alternative civil­ still in prison at the end of the year. ian service of non-punitive length. The GREECE/GRENADA

100 organization also raised a number of cases under house arrest. On 19 October he was of alleged torture and ill-treatment with the freed from house arrest by several thou­ authorities. The government responded in sand supporters and taken to Fort Rupert. four cases, including that of Kostas He and others were reportedly shot by a Andreadis, stating that the allegations were firing squad after the PRA regained control unfounded. No response was received con­ of Fort Rupert. cerning other cases. These events were followed by the inva­ An Amnesty International delegate sion of Grenada by the United States of attended the appeal hearing of Sadik America and troops from six Caribbean Ahmet and Ibrahim Serif in March. states on 25 October 1983. Most of the defendants in the case had initially been detained by the occupying forces in late October or early November 1983 and were later transferred into Grenadian custody GRENADA before being charged. Ten of the 14 people sentenced to death were members of the PRG Central Committee who had not been present when the killings took place but were found guilty of ordering or instigating them. They included Ule deputy leader of .. PRG, . the Bernard Coard; his wife, Phyllis . . . Coard; and the Commander-in-Chief of the PRA, G neral Hudson Austin. The three defendants convicted of manslaughter were PRA soldiers found guilty of having carried out the killings under orders. The appeal hearings ended in the cases More than 30 grounds of appeal were of 14 fo rmer members of the People's presented. These challenged, among other Revolutionary Government (PRG) sen­ things, the selection and impartiality of the tenced to death for murder and of three trial jury; the admissibility of statements others convicted of manslaughter for the made by several of the accused. who 1983 killings of Prime Minister Maurice alleged that they had been extracted as a Bishop and others. The appeal court's result of ill-treatment; and the trial judge's decision was pending at the end of the directions on the reliability of witness tes­ year. No executions had been carried out timony. A key prosecution witness was since 1978, although 21 prisoners were Fabian Gabriel. who had originally been under sentence of death fo r murder. There charged with murder but was granted a were complaints about the prison condi­ conditional pardon in return for testifying tions of one of the PRG prisoners sentenced for the state. to death. Constitutional motions raised in earlier The hearings before the Grenada Court proceedings also formed part of the appeal. of Appeal in the Maurice Bishop murder These included a motion that unfavourable case concluded in September. They had pre-trial publicity had deprived the defen­ started in May 1988. The 17 appellants had dants of a fair trial. Another motion chal­ been convicted in December 1986 of the lenged the legitimacy of the Grenada killings of PRG Prime Minister Maurice Supreme Court: on this basis the defen­ Bishop and 10 other people at the People's dants had refused to recognize the jurisdic­ Revolutionary Army (PRA) headquarters at tion of the trial comt and had dismissed Fort Rupert on 19 October 1983. Fourteen their defence counsel when the trial began of the defendants were sentenced to death in April 1986. They had also refused to for murder and three were convicted of partiCipate in the trial proceedings except manslaughter and sentenced to long prison to make unsworn statements to the court terms. (see Amnesty International Report 1987). The killings at Fort Rupert had taken The appeal court had not yet ruled on the place following a power-sharing dispute case by the end of the year. within the Central Committee of the PRG, In July PhyJlis oard reportedly started during which Maurice Bishop was placed a hunger-strike in protest against her GRENADA/GUATEMALA conditions of confinement at Richmond 101 Hill Prison. Unlike other prisoners con­ demned to death, Phyllis Coard had been GUATEMALA held mainly in solitary confinement since 1983 and had been periodically denied vis­ its from relatives. She was also reportedly denied occupational facilities available to other women inmates. Phyllis Coard also complained that in 1990 the Prison Com­ missioner had frequently entered her cell area unaccompanied by women staff, which was contrary to prison regulations, and had looked into her cell even when advised that she was using her slop pail. An Amnesty International observer attended the final summations in the Reports were received of hundreds of Maurice Bishop murder appeal in Sept­ "disappearances" and extrajudicial execu­ ember. Amnesty International had previ­ tions, continuing the pattern of gross ously raised concerns about aspects of the abuses reported over more than two proceedings, including questions about the decades. Many victims appeared to have impartiality of the jury and allegations that been tortured before being murdered. As some of the accused had been ill-treated in previous years, there was a pattern during police inter rogation. Amnesty of harassment and assaults directed at International continued to assess the pro­ suspected government opponents by the ceedings. security forces acting both in uniform and In September Amnesty International in plain clothes. wrote to the recently appointed offi ial Human rights workers and others who Prison Visiting Committee about the prison pressed for inquiries into past violations conditions of Phyllis Coard. The organiz­ were particularly vulnerable to attack by ation said it was concerned that her long­ military personnel and their civilian term sol itary confinement could damage agents, who repeatedly characterized them her physical and mental health and that as guer rilla supporters. Otller victims her conditions of detention had apparently included villagers who refused to serve in remained unchanged, or had worsened, the ostensibly voluntary civil patrols, despite reports about her deteriorating people in areas believed to be sympathetic health. Am nesty International asked the to or controlled by the armed opposition, Committee to investigate the allegations representatives to the National Dialogue about the unaccompanied visits of the consultative process set up under the commissioner to Phyllis Coard's cell area, 1987 Central American Peace Agreement, stating that this app ared to be contrary to academics and students, trade unionists, the United Nations Standards Minimum street children, journalists and politicians. Rules for the Treat ment of Prisoners. The Some victims were shot outright by organization also expressed concern about security force personnel, acting either in reports that Phyllis Coard had been placed uniform or in plain clothes in the guise on seven-day restricted diets (usually bread of "death squads". Other victims were and water) five times in a four-month peri­ forcibly seized; their bodies were fo und od fo r protesting about her treatment. later, sometimes far from the original place Amnesty International said it was dis­ of abduction, often badly tortured or muti­ turbed by the reasons for this puni hment lated to obscure identification. Others and by the frequency with which it had remained "disappeared". Civil patrols, been imposed. The organization asked the formed at the behest of the military and Committee to review this practice. operating under military control. were also The Committee replied in October, stat­ blamed for human rights violations. ing that it had visited the prison to ensure Abuses intensified as November elec­ there was no breach of regulations. The tions approached to replace the govern­ Committee's letter made no reference to ment of President Vinicio Cerezo Arevalo, the sp cific concerns raised by Amnesty which took office in 1986 and was Guate­ ... :g International. mala's first elected civilian government in ... GUATEMALA

102 almost 20 years. President Cerezo's elec­ counter-insurgency campaigns in the early tion had brought new hope for an end to 1980s. the long-term pattern of human rights viol­ Maria Mejia was killed in March in ations in Guatemala and for a public Sacapulas. El Quiche department, by men accounting for crimes committed by the in plain clothes in an attack in which her security forces. However, his administra­ husband. also a CERJ member. was severely tion did little to investigate abuses commit­ wounded. According to his testimony, the ted under military governments or to bring assailants included two civilian army those responsible to justice. After a brief agents. who appeared to be acting under initial decrease, reports of abductions, tor­ army orders. Reportedly. the same agents ture, "disappearances", and political subsequently threatened several other local killings escalated throughout his term of villagers with death because they opposed office. service in the nominally voluntary civil The perpetrators of human rights viol­ patrols, and a number of families fled ations appeared to operate with impunity. the area. On 27 March. as the families Very few instances were known of official attempted to return to their homes accom­ personnel being charged with abuses even panied by CERJ supporters and government when specific evidence, including eye­ officials. they were threatened and assault­ witness testimony. pointed to their guilt. In ed by approximately 25 armed men, the one known case in recent years where believed to be soldiers in plain clothes and official agents were found guilty on such a civil patrollers acting under military charge. the six police officers involved orders. Some of the attackers were masked. were released in July 1990 after an appeal The group fled. but Assistant Human court overturned their conviction for the Rights Procurator Cesar Alvarez Guadamuz 1987 abduction and murder of two agrono­ suffered an injury to his hand. In October my students. despite strong forensic and the Assistant Procurator was again assault­ other evidence linking them to the crime. ed by a group including civil patrollers in The abuses were reported in the context similar circumstances. of a continuing insurgency. and the govern­ Leaders and members of a group known ment and military periodically charged as CAM, which attempts to clarify the fate that the armed opposition had carried out of members' "disappeared" relatives, were torture and murder. although details of also targeted. In March a lOO-person dele­ individual cases were rarely conclusive. In gation led by CAM was attacked by civil the highly publicized killing of some 23 patrollers, reportedly acting under army peasants in El Aguacate, Chimaltenango. in orders, as it was travelling to El Quiche to 1988, evidence presented by the authorities support villagers threatened for refusing to support such allegations remained con­ to join the civil patrols. The group's Presi­ troversial and contrasted with findings of dent, Nineth Montenegro de Garcfa, whose local and international human rights husband had "disappeared" in 1985. was groups which alleged military responsibili­ among those injured. In July unknown men ty (see Amnesty International Report 1990). opened fire on her mother's home, using In January Guatemala acceded to the bullets of the type reportedly used by the United Nations (UN) Convention against security forces. In August her eight-year­ Torture and Other Cruel. Inhuman or old daughter reportedly received death Degrading Treatment or Punishment. threats by telephone. Human rights activists were among Ana Graciela del Valle also experienced those targeted for abuse. At least two mem­ continuing intimidation after she filed a bers of an organization known as the CERJ. protest fo llowing an incident in July 1989. which protects the human rights of Four armed men in plain clothes had held uatemala's indigenous peoples, "disap­ a gun to her two-year-old son's head and peared". and some six others were appar­ said he would be killed if her brother-in­ ent victims of extrajudicial executions. law didn't stop his work as director of the Several CERJ members were reportedly vic­ human rights centre known as CIEPRODH. timized because they had been pressing for Police repeatedly questioned her, asking inquiries into human rights violations pre­ particularly about CIEPRODII'S investigation viously carried out against their relatives or of the 1988 El Aguacate killings. for exhumation from clandestine graves In May Luis Miguel Solfs Paiarito, rep­ of family members killed during army resentative to the National Dialogue of the GUATEMALA displaced peoples' association known as had been fund-raising for a student satire. 103 CONDEG, "disappeared." He had evaded a The bodies of three, bearing apparent signs kidnapping attempt in April, and reported of torture, were eventually recovered from being followed by men in plain clothes a cemetery in eastern Guatemala where during a May Day march. In September they had been buried as "unknown". one-month-old Josefa Maria "disappeared" Continuing human rights violations along with her mother, Maria Tiu Tojfn. against academics, and the failure of the The two were taken into custody by the authorities to establish responsibility for a military along with members of a peasant series of abductions and murders of USAC community who had fled during the army staff and students in the third quarter of counter-insurgency campaigns of the early 1989, were cited by Harvard Law School as 1980s and did not wish to return to areas major factors in its decision to terminate in under army control. The army customarily 1990 an administration of justice program treated all members of such communities that it had been implementing under the as guerrilla collaborators and they, as well aegis of the United States Agency for Inter­ as those who tried to publicize their often national Development (USATD). desperate economic and health conditions, Two trade unionists, brothers Carlos were targets of abuses. Also in September Enrique and Tyron Francisco Sagas tume , Myrna Mack, an internationally known who worked at the Guatemala City Coca­ anthropologist who had been researching Cola bottling plant, were found dead in displaced communities, died after a partic­ February, the day after they had gone miss­ ularly brutal "death squad"-style attack. ing near their homes. Their bodies showed In June a group of armed men identified apparent signs of torture. Leaders and by witnesses as military entered Pacoc in members of their trade union, which has El Quiche and ordered the two deputy played a leading role in Guatemalan trade mayors to arrest 15 people denounced by unionism, had been targets of abuses over a civil patrollers as "subversives". Most were long period. members of a group known as CONAVlGUA, Politicians were also subjected to abus­ which campaigns for compensation for es. Among the victims was Socialist Inter­ widows of those killed by the army, and for national (SI) leader Salvadorian Hector exhumation of their husbands' bodies from Oqueli Colindres, who was abducted and clandestine graves. The attempt to appre­ apparently extrajudicially executed in hend the CONA VIGUA members foundered Guatemala in January as he was on his when the two deputy mayors refused to way to observe the Nicaraguan elections cooperate. The mayors were then report­ on behalf of SI. In the same incident, edly threatened with abduction. Guatemalan lawyer Gilda Flores Arevalo Academics were also victims of human was also abducted and killed. Both the rights violations in 1990. Early in the year Guatemalan and Salvadorian governments Dr Carmen Angelica Valenzuela, a profes­ initiated inqumes, but neither had sor at the University of San Carlos (USAC) announced significant findings by the end and President of the Guatemalan Associa­ of the year. A report commissioned by SI tion of Women Doctors, became one of the described the Guatemalan Government's few survivors of abduction and "disappear­ inquiry as "gravely flawed" and suggested ance" in Guatemala in recent years. In it may have been "designed to fail". Simi­ February she was released from military larly, no findings were known regarding custody following a widespread interna­ the abduction and torture of a United tional outcry and diplomatic intervention States (us) nun, Diana Ortiz, in November on her behalf, and went into exile abroad. 1989 (see Amnesty International Report She had been abducted in the presence of 1990), despite reports in April 1990 that witnesses by men armed with sub-machine the government would establish a special guns and was tortured in custody. Report­ investigatory commlSSlOn. Government edly, police and military authorities had officials initially said that Diana Ortiz had initially denied that she was in detention. arranged her own kidnapping, but they In April four people, three of them later retracted this and promised an reportedly law students at the USAC, were inquiry after pressure from US religious abducted by armed men driving a van with organizations. polarized windows - a type of vehicle cus­ At least 14 street children were tomarily used by the security forces. They apparently extrajudicially executed by GUATEMALA/GUINEA

104 Guatemala City police during the year. witnesses to recent abuses. They included 13-year-old Nahaman Car­ In the lead-up to the November elec­ mona L6pez, who was attacked on 4 March tions, the organization expressed special and died 10 days later in hospital of multi­ concern at the escalating attacks on politi­ ple injuries, including a ruptured liver, six cians and journalists, noting that in fractured ribs, two broken fingers and October alone, two journalists were victims severe bruising to 70 per cent of his body. of "death squad"-style murders, and a In June pressure from children's and inter­ third, Byron Barrera, survived an attack in national organizations led to the arrest of which his wife died. four police officers in connection with �s In a written statement to the UN death. A number of street children whose Commission on Human Rights in February, witness testimony was crucial in the case Amnesty International expressed grave against the detained officers were repeat­ concern at the deteriorating human rights edly assaulted and intimidated, apparently situation in the country and the failure of by other police officers. The case was the authorities to adequately investigate also marked by judicial irregularities and the reported incidents. delays. Staff of organizations which have been instrumental in calling international attention to abuses against the street chil­ dren were also increasingly the victims of GUINEA threats and police brutality. In December a street worker with Covenant House, a group associated with such efforts, nar­ rowly escaped abduction. He may have been targeted because he had given testi­ .. mony crucial in bringing charges against a :. . Treasury Police agent for an attack on street children. Amnesty International repeatedly made public its concerns and called on govern­ ment authorities to initiate inquiries into many incidents of human rights violations and to bring those responsible to justice. No instances were known where those allegedly responsible were convicted for the abuses reported, even in cases where eye-witness testimony explicity identified More than 50 people, including possible the alleged perpetrators. prisoners of conscience, were arrested for In April the organization called atten­ political reasons, but most were freed tion to the organization's concerns about before the end of the year. Two were escalating violence against human rights sentenced after an unfair trial. Some monitors, an issue also raised at an April detainees were reportedly tortured and at meeting in London with Guatemala'S Inte­ least one was said to have died in security rior Minister and the Director General of police custody as a result. There was no the Treasury Police. In July Amnesty inter­ further information about the fa te or national published a document outlining whereabouts of 63 people who "disap­ its concerns regarding abuses against street peared" following their arrests in 1984 children. In October an Amnesty Interna­ and 1985. tional delegation to Guatemala held a press In February the government of President conference to publicize these and other Lansana Conte announced an amnesty for concerns and to release an open letter call­ all people convicted of political offences. ing on candi dates in the November presi­ In practice, this appeared to apply only to dential elections to make clear the steps prisoners convicted at secret trials in 1986 they intended to take to improve the and did not result in the release of any human rights situation in the country. The more of these prisoners, 63 of whom were delegation also met government officials, still unaccounted for. The amnesty allowed local human rights groups and other some convicted in absentia in 1986 to independent groups, and victims of and return to Guinea. GUINEA

A new constitution drafted by a consti­ students were said to have been injured. 105 tutional commission appointed in 1989 At least four student leaders were then was approved by a referendum in Decem­ arrested: they were released uncharged ber. It includes safeguards against illegal after a few days. When a further march was detention and torture. However, in accor­ organized, a foreign journalist and four dance with guidelines set by the govern­ members of a non-governmental human ment, it allows for only two political rights monitoring group, the Organisation parties. The new constitution will not enter guineenne des droits de l'homme, Guinean into force until 1995. In practice, all pol­ Human Rights Organization, were arrested. itical parties remained prohibited during They were initially accused of holding an 1990. unauthorized demonstration but were Twenty-two supporters of the Rassem­ released uncharged after a few days. The blement du peuple guineen (RPC) , GuinedIl government issued a public apology for the People's Rally, an umbrella opposition deaths of students and said an inquiry organization, were arrested in August for would be he ld, but its outcome was not allegedly distributing the party's newspa­ known at the end of 1990. per, Malanyi (Unity). Most were released In July, 34 residents of Liberia, includ­ uncharged a few weeks later, but three ing both Guinean and Liberian nationals, were brought to trial in November before a were arrested at Macenta. They had criminal court in Conakry, whose proce­ cros ed the border into Guinea to escape dures did not satisfy international fa ir trial the conflict in Liberia (see Liberia). Ten standards. They were charged with dis­ women were released un harged after five tributing a newspaper without indicating days, but the 24 men were all held until the names of the authors or publishers. All o tober, when 17 of them were released three were convicted. However, two who uncharged. One other detainee was report­ received three-month sentences and who edly released in November. All the men appeared to be prisoners of conscience were apparently detained on suspicion of were released immediately in view of the being supporters of tlle Liberian rebel lead­ time they had already spent in custody. er Charles Taylor, whose forces had killed The third, who had returned to Guinea fol­ a number of Guineans living in Liberia and lowing the February amnesty, was also to whom the Guinean authorities were convicted of using a false identity card and opposed. received an 18-month prison term. The 24 men were r portedly beaten in Two other alleged RPC members, Jean detention with their hands tied behind Sefa Camara and Joseph Soumah, known their backs. They were moved to the Alpha as Alto, were tried by a criminal court in Yaya military camp in Conakry and later to Conakry in February 1990. Both had been security police custody. They were held in arrested in January 1988. Few details harsh conditions and r portedly kept emerged about their trial but they were naked: one of them was said to have died apparently accu ed of undergoing military in custody in October as a re ult. At least training abroad as a prelude to organizing four refugees app ared before a court in violent opposition to the government in Conakry in December. They were charged Guinea. They were sentenced to two and with endangering state security, illegal pos­ five years' imprisonment respectively. The session of arms, looting and other offences. two prisoners did not ben fit from the One of them was sentenced to five years in February amn sty. prison and three were acquitted; one other Mohamed AIi Bangoura, another sus­ was sentenced in absentia to 20 years' pected RPG member who had been arre ted imprisonment. in November 1989 when found in pos es­ No new information was received about sion of the party newspaper, was relea ed 63 people arrested in 1984 and 1985 and uncharged. convicted in secret and unfair trials in Further arrests occurred after student 1986 (s e Amnesty In ternational Report demonstrations in November and Decem­ 1989). The government did not respond to ber, in which at least five people were relatives' requests for information. killed, including S�kou Traor�, a Conakry No further information was received University student. He was shot dead when about the official inquiry which the govern­ security forces fired on a student march to ment had announced in November 1989 the presidential palace. Dozens of other after a prisoner was reported to have been GUINEA/GUINEA-BISSAU

106 tortured to death and six demonstrators sentences imposed in July 1986. They had were said to have been shot dead by sol­ been convicted, after an unfair trial, of diers in Lab6. plotting to overthrow the government. Amnesty International sought inform­ According to official sources, 16 prisoners ation about the arrested RPG supporters and were released and six others, whose death urged that any held for their non-violent sentences had previously been commuted opinions or activities should be released. to 15-year prison terms, were ordered to In April Amnesty International urged the remain on the islands where they had been commission drafting a new constitution to held on prison farms. Although official include full human rights safeguards. In reports indicated that all those serving sen­ particular, it stressed that the legality of all tences imposed in July 1986 had b!'Jen detentions should be open to challenge in released in 1990 or in previous years, it the courts to prevent any recurrence of the appeared that at least two were still held arbitrary detentions. torture and "disap­ and that some of those reportedly freed in pearances" which had occurred in the past previous years remained restricted. in Guinea. No such provision was made, According to Amnesty International's however, in the Constitution adopted in understanding, 24 of those convicted in December. July 1986 were still in prison at the begin­ ning of the year, including 18 who had been sentenced to prison terms of between 13 and 15 years and the six who were origi­ GUINEA-BISSAU nally sentenced to death. As the names of the prisoners released in January were not reported it was impossible to say which two had apparently not been released_ However, one of them may have been Buota Nam Batcha, a former National Assembly deputy, who was said to have died in custody after the trial. The govern­ ment did not clarify this, nor did it respond to reports that another prisoner, Nfono Tchuda Nalagna, had died in cus­ tody in 1987 (see Amnesty International Report 1989). Once again there were claims that some of those convicted at the 1986 trial and who were officially reported to have been released in previous years were Twenty-two political prisoners sentenced restricted to remote villages. after an unfair trial in 1986 were released Guinea-Bissau's Vice-President and head from prison in an amnesty, but six of them of the armed forces, lafai Camara, was were restricted. The whereabouts of others reportedly placed under house arrest in remained unclear. A senior government Nov mber. He was said by official sources official was arrested for apparently politi­ to have helped supply arms to separatist cal reasons. rebels in the Casamance area of neighbour­ At a congress in December the ruling ing Senegal in breach of a bilateral agree­ party. Partido Africano de Independencia ment. Iafai Camara had not been charged or da Guine e Cabo Verde (PAICC). African brought to trial by the end of the year and Party for the Independence of Guinea and apparently remained under house arrest in Cape Verde, agreed on a program of consti­ the capital, Bissau. tutional and legal changes to introduce a Several other people were allegedly multi-party political system in 1991. Pres­ arrested or had restrictions placed on their ident Joao Bernardo Vieira had earlier movements for political reasons. Two men announced that anyone was free to form a were reportedly detained, one for some political party, btit there were no legal days and the other for a few hours, after guarantees to protect freedom of asso ia­ they returned from abroad: they were ques­ tion or information_ tioned about their suspe ted contacts with In January the government announced government opponents in exile. Former an amnesty for all prisoners still serving political prisoners who had been arrested GUINEA·BISSAU/GUYANA in 1980 after a successful coup and offered no further evidence in the case. The 107 released a few years later were also report­ defendants. who had spent nearly 18 edly harassed by security police or months in custody. were acquitted of all instructed not to leave their home areas. charges and released. Amnesty International welcomed the The accused had alleged that uniden­ January releases. It sought information tified police officers arrested them at their from the government about the two prison­ homes in Mahaicony (East Demerara) in ers who had apparently not been released the early hours of 28 April 1989 and took and those who were reported to have died them blindfolded to an unknown place of in custody. It also requested information detention. They said they were held from the government in response to reports incommunicado for six days in dark. that political prisoners released in previous unsanitary cells and subjected to threats years remained under restrictions. There and violence by police officers during was no reply. repeated interrogation. The accused alleged that. on the night of 3 May 1989. they were taken to a roadside and immediately rearrested by other police officers. They GUYANA said they Signed confessions at police headquarters on 4 May after further threats and beatings. The police had acknowledged that the ... defendants were being detained only after habeas corpus proceedings were initiated by the prisoners' lawyers on 3 May 1989, but denied that the defendants had been in custody since 28 April. During the trial two lawyers testified about their unsuccessful attempts to locate the defendants after hav­ ing been contacted by relatives who had witnessed them being taken from their homes. The lawyers did not see the defen­ dants until 5 May 1989, despite repeated inquiries at police stations from 28 April Three people charged with treason were onwards. acquitted when confession statements Six people. including an assistant allegedly signed as a result of ill-treatment police superintendent and an army officer. in police custody were ruled inadmissible were charged with treason on 9 October. by the trial court. A trial was pending in They were accused of having been the case of six others charged with trea­ involved in military training with son, which carries a mandatory death unknown people between June and Octo­ sentence. Eight people were hanged fo r ber as part of a conspiracy to overthrow the murder; in one case there was new evi­ government. Warrants were issued for the dence raising questions about the prison­ arrest of three others detained for the same er's guilt. At least 24 people convicted of offence who had reportedly escaped from murder were under sentence of death. police custody. The trial was pending at In October the treason trial opened in the cnd of the year. the cases of Karran Persaud Deokarran. A bi ll passed by the National Assembly Bhoj Pertab Singh and Neville Wordsworth. in 1989. which would extend the death members of the opposition People's Pro­ penalty to certain drug-related offences. gre sive Party (1'1'1'). who had been charged had not been signed into law bv the cnd of with plotting to overthrow the government the year (sce Amnesty International Report in 1989 (sce Amnesty International Report 1990). 1990). After hearing two weeks of testimo­ Eight prisoners were hanged for murder. ny about the circumstances of their arrest bringing to 18 the number of executions and police detention. the court ruled that since 1985. when hangings resumed after the defendants' confcssions had not been a IS-year moratorium. Several of those made fre Iy and voluntarily and were hanged in 1990 had been sentenced to therefore inadmissible. The prosecution death during the moratorium. GUYANM-iAITI

108 Sylvester Sturge was executed in February despite new evidence raising questions about his guilt. He and two co­ HAITI defendants were convicted and sentenced to death in 1987 for the murder of two men on a coconut plantation. The evidence against Sylvester Sturge at his trial consist­ ed largely of his confession, which he later c:>!' .. retracted. He alleged that he had signed the ' .. ' statement after four police officers beathim ": � in an unoccupied building on the way to .. the police station. Those alleged to have been involved in the ill-treatment included the chief investigating officer, who was related by marriage to one of the murder victims. The court ruled that the confes­ Hundreds of people, including prisoners of sion statement was admissible despite con­ conscience, were arrested without warrant tradictions in police testimony as to who and detained without charge or trial for was present when the confession was taken short periods of time. Many detainees, and the submission by the defence of a including children, were ill-treated or tor­ bloodstained shirt which Sylvester Sturge tured, and at least four died, apparently as said he was wearing when he was beaten. a result of torture. Prison conditions con­ When warrants were issued for the tinued to be harsh. The security forces execution of Sylvester Sturge and a co­ were reportedly responsible for indiscrim­ defendant, Elroy Aaron, in February, Elroy inate shootings and extrajudicial execu­ Aaron told prison officials that Sylvester tions of civilians. Sturge was innocent and had not been pre­ In January President Prosper Avril sent during the murder. This statement was declared a state of siege and imposed brought to the attention of President restrictions on news broadcasts, following Desmond Hoyte and the Attorney General. the assassination of army Colonel Andre Although a judge advising the Mercy Com­ Neptune. During the state of siege, which mittee was reportedly asked to review the lasted until the cnd of January, there were case shortly before the execution, the pris­ widespread arrests and raids on several oners themselves were not interviewed. independent radio stations. Both executions went ahead as scheduled. In March President Avril resigned fo l­ The third defendant in the case had earlier lowing wi despread popular protest against had his murder conviction quashed on his government, and a transitional govern­ appeal. ment took over, h aded by Ertha Pa cal­ Amnesty International appealed for Trouillot and a Council of State (Conseil clemency whenever it learned that an exe­ d'Etat). Presidential elections held on 16 cution was schedul d. In Sylvester Sturge's December were won by Father Jean­ case, the organization also urged President Bertrand Aristide, the candidate for the Hoyte to grant a stay of execution to allow Front national pour le changemenl el la time for the new evidence to be considered democratie, National Front for Change and by the courts. Democracv. He was expected to succeed An Amnesty International observer President Pascal-Trouillot in Februarv 1991. attended part of the treason trial of Karran Violent crime. indiscriminate shootings Persaud Deokarran, Bhoj Pertab Singh and and killings by heavily armed men, some­ Neville Wordsworth. times in military uniforms, continued to be widespread. There appeared to be no pol­ itical motivation for their actions. Haitians referred to the situation as "/'insecurite", the insecurity. There was evidence that many of these acts were committed by members of the security forces. In January over 20 politicians, jour­ nalists and human rights activists were arrested following the assassination of HAITI

Colonel Neptune and accused of terrorist beatings. In August Mehus Laroche was 109 activities. Most of them were ill-treated by reportedly arrested without a warrant in the security forces at the time of arrest Plaisance, Northern Department, and or while in custody. Some were released severely beaten at the police headquarters shortly after arrest and others were depor­ in Cap-Haltien. He died nine days later at ted without judicial proceedings. The Cap-Haltien penitentiary. Also in August remaining detainees were released in Feb­ farmer Michel Fontaine was arrested with­ ruary, when the government declared an out a warrant in La Gonave district and amnesty fo r those accused of crimes was reportedly severely beaten by a deputy against the security of the state. rural police chief. His body, later returned Political leaders Evans Paul, Jean­ to his fa mily, showed signs of severe Auguste Meyzieux, Marino Etienne and injuries to the head, eyes and legs. The Patrick Beauchard were among those who deputy police chief was subsequently benefited from the February amnesty. They arrested, but to Amnesty International's had been arrested in late 1989 and charged knowledge, he had not been charged or with plotting to assassinate President Avril tried by the end of the year. and overthrow the government (see Prison conditions in the National Peni­ Amnesty International Report 1990). tentiary, Saint Marc, Gona'ives,Cap-Hailien Arbitrary arrests by the security forces and other detention centres throughout the throughout the country continued to be country continued to be extremely harsh, reported. Victims included members of and many inmates were reportedly ill grassroots organizations and human rights because of malnutrition, poor hygiene and groups, journalists and peasants. The Port­ lack of medical treatment. au-Prince police were reportedly responsi­ As in previous years, the security forces ble for the arbitrary arrest and ill-treatment ill-treated civilians during demonstrations of street children. There was also an and protests, as well as during disputes increasing number of reports that local over land rights. In some of these incidents police and military authorities arrested the security forces were said to have delib­ civilians and held them for up to several erately wounded or killed demonstrators days, sometimes with the acquiescence of and peasants. In April at least four people local judicial authorities, with the aim of were wounded when local military person­ extracting money. nel reportedly opened fire to disperse a In March two directors of Radio Cap­ peaceful demonstration by the Mouvement HaItien were arrested without warrant des Paysans de Borgne, Borgne Peasant following the broadcast of a statement Movement. Also in April demonstrators in asking for President Avril's resignation. Cabaret threw stones after soldiers had They were released uncharged several days fired warning shots in the air. The soldiers later. In May radio reporter Tony Vergni­ directed their fire on the crowd, and killed aud was arrested and beaten by soldiers in two civilians. Port-de-Paix while investigating reports of The security forces were allegedly a local judge's involvement in corruption. involved in "death squad"-style killings. In Arrested under the orders of the judge he June four gunmen, two of whom wore mili­ was investigating, he was released the tary uniforms, shot and killed Council of same day. In June Logique Paris and Nar­ State member Serge Villard and trade cisse Orellien, members of the peasant unionist Jean-Marie Montes, and wounded organization Tet Ko/Je, Heads Together, politician Emmanuel Magni. In September were arrested by the local police chief in a United States Federal Bureau of Investi­ Mahotiere, Northwest Department, and gation team arrived in Haiti to assist in the severely beaten after they protested against investigation. By the end of the year no the arrest of two others. They were released findings had been made public. In July three days later. Mariano Delaunay, a teacher and member Ill-treatment and torture of detainees by of the Saint Jean Bosco Roman Catholic the security forces was widespread. Meth­ Community, was killed by a gunman iden­ ods of torture included severe beatings tified by witnesses as an army sergeant. with fists and sticks on the soles of the feet, The government was not effective in the genitals, the eyes and the head. At least bringing those responsible for human four prisoners died in police or prison rights violations to justice, despite .. :g custody, apparently as a result of severe announcing inquiries into several cases .. HAITI/HONDURAS

110 and arresting and dismissing some officials In January Rafael Leonardo Callejas took implicated in abuses. In April judicial pro­ office as president following his election in ceedings were initiated against one of those November 1989. Although the President allegedly responsible for the killings at the emphasized the importance of safeguarding Saint Jean Bosco church in September 1988 human rights in his inaugural speech. (see Amnesty International Report 1989), human rights violations persisted. but by the end of the year no progress was Some actions attributed to armed oppo­ evident. In July Roger Lafontant, a promi­ sition groups were reported, including nent member of the government of deposed attacks on United States military personnel President Jean-Claude Duvalier, and pub­ based in Honduras. licly accused of responsibility for gross In May Honduras signed the Second human rights violations, returned to Haiti. Optional Protocol to the International The government issued warrants for his Covenant on Civil and Political Rights arrest which were not, however, based on Aiming at the Abolition of the Death alleged involvement in human rights Penalty; it had not ratified this treaty by the abuses. The security forces did not en­ end of the year. force the warrants and Roger Lafontant re­ Detainees were often arrested without mained at large at the end of the year. warrant and held beyond the 24-hour con­ Amnesty International wrote to Presi­ stitutional limit before being taken before a dent Avril and later to President Pascal­ judge. Political and criminal suspects were Trouillot raising cases of concern to the reportedly tortured or otherwise ill-treated organization, requesting details of any while held incommunicado in the deten­ inquiries and measures taken against offi­ tion centres of the Direcci6n Nacional de cials implicated in human rights violations Investigaciones (DNl), the investigative and expressing concern at the absence branch of the national police force, or in of investigations into past human rights military barracks. Methods of torture abuses. No response was received. included food and water deprivation; sus­ pension from the ceiling by a rope passed through the detainees' handcuffs, which were fastened behind their backs; electric HONDURAS shocks to hands and feet; near-suffocation in the capucha, a rubber hood sometimes impregnated with lime (cal); beatings; and death threats against detainees' families. Manuel Castillo Reyes was among five people arrested in April and accused of smuggling weapons to the armed opposi­ '.,' .. tion in El Salvador. He was reportedly held . . . . incommunicado for almost five weeks before being transferred to prison. During his first 15 days in custody he was report­ edly beaten repeatedly, subjected to the capucJw, and suspended by his feet. He Torture and ill-treabnent of detainees by said that military personnel lit fires around the army and police were frequently him in the middle of the night and threat­ reported. Charges against some political ened to burn him alive. He was released detainees were reportedly based largely on after several months in prison, but two oth­ statements extracted under torture. Two ers held with him, who also alleged they trade unionists and a student leader were were tortured, remained in prison at the killed in circumstances suggesting that end of the year. In an exceptional move, a they had been extrajudicially executed by judge hearing the habeas cor pus petition groups allegedly linked to the armed presented on Manuel Castillo's behalf forces. Several criminal suspects may began an investigation into his claims of have been extrajudicially executed by illegal arrest. police. The fate of approximately 150 Lawyer Julio Francisco Lagos Holman, people who had "disappeared" following arrested in Tegucigalpa in May by mem­ arrest under previous governments bers of the DNl, was taken to different cen­ remained unclarified. tres belonging to the Fuerza de Seguridad HONDURAS

Publica (FUSEP), the Public Security Forces, denied having arrested him. III who accllsed him of arms possession. He On 31 May Francisco Javier Bonilla claimed he was beaten, kicked and given Medina, a leader of the Sindicato de Traba­ electric shocks by FUSEP agents. He was jadores del Instituto Hondureno de Seguri­ released without charge on 8 June. dad Social (SITRAIHSS), Union of Workers of The circumstances of the detention and the Honduran Social Security Institute, interrogation of other political detainees was shot dead in Tegucigalpa by an armed led to fears that their right to a fair trial man in civilian clothing. The gunman also may have been undermined, particularly as tried to kill Consuelo Valladares, a union it was alleged that charges had been based colleague who was with Francisco Bonilla mainly on confessions extracted under tor­ at the time. She and her husband subse­ ture. Five prisoners arrested in 1989 and quently received death threats. The inci­ accused of arms-trafficking were reportedly dents occurred in the context of strikes and charged on the basis of statements ex­ other union activities in protest against tracted under torture. Some said they had government measures. President Callejas been held without legal representation for appointed an army commission to investi­ several months. gate Francisco Bonilla's killing. It conclud­ Physical attacks and other intimidatory ed that student leader Martin Pineda had acts were reportedly directed against trade ordered the murder. Martin Pineda pre­ unionists, government opponents, human sented himself to a court, which found no rights activists and students. Honduran evidence to incriminate him, and he was human rights groups attributed these abus­ released without charge after six days in es to clandestine groups allegedly linked to custody. The commission also accused the armed forces. Former student leader three men of carrying out the murder, but Roberto Zelaya left Honduras in April after they denied the allegations, saying they being seriously injured in an attack the pre­ were forced to confess to the crime after vious month. Three unidentified men had being tortured. reportedly abducted him, beat him over the The body of Ram6n Antonio Briceno, head and stabbed him in the stomach. student leader of the Frente de Reforma Several priests working with peasants, Universitaria (FRU), University Reform particularly near the border with El Sal­ Front, was found in June with 11 bullet vador, were also among the victims. Father wounds and signs of beatings. Shortly Felipe Quintanilla, for example, reported before he was killed, the Alianza de that shots were fired at his home from a Acci6n Anticomunista (AAA), Anticommu­ passing ar in May. Other priests received nist Action Alliance, painted the message anonymous death threats. "Briceno, you are dead" on the walls of the Two trade unionists and a student National University. leader were killed in circumstances sug­ Investigations into the e and other polit­ gesting that they may have been extra­ ical murders which took place in previous judicially executed. The cases were similar years, such as the 1988 killings of Miguel to other extrajudicial executions reported Angel Pav6n Salazar and Mois�s Landav­ in previous years which were allegedly erde (see Amnesty International Reports carried out by groups linked to the armed 1989 and 1990), made little progress. By forces. the end of 1990, no onc had been brought On 20 March Dennis Hernan Rodrfguez to justice for any of the killings. Garcfa, a memb r of the Organizaci6n ome criminal suspects w re reportedly Campesina de Honduras (OCH), Honduran killed in circumstances suggesting that Peasants' Organization, was abducted from they were victims of extrajudicial execu­ his home in Talanga, Morazan province, by tions by police officers. In May Waiter a man who reportedly identified himself as David Cruz Torr s and Kemer Javier a member of the DN!. The man told Uennis Andino L6pez were arrested by four DNI Rodrfguez' wife that he was being taken to agents in Tegucigalpa and accused of steal­ the headquarters of the Batal/6n Fuerzas ing. They were reportedly interrogated, Especiales, Special For es Battalion. beaten and shot on a road near Olancho. Dennis Rodrfguez' body was fo und the Waiter Cruz died instantly but Kemer next day on a road near Talanga, showing Andino escaped. ... bullet wounds and signs of torture. The Three Salvadorian tradesmen reportedly ID DNI and the Special Forces Battalion "disappeared" following their arrest � HONDURAS/I-IONG KONG

112 without warrant by Honduran soldiers in asylum-seekers remained deficient despite November, after they had crossed the bor­ some improvements. At least 10 people der into Honduras to buy food and clothes. were sentenced to death but there were no The army denied holding them. It was later executions. reported that they had been deported to El The Basic Law of the Hong Kong Spe­ Salvador in early December. cial Administrative Region (SAR), due to In a report presented to the Honduran come into force in July 1997 when the Government in December 1989, the United People's Republic of China assumes Nations Special Rapporteur on Torture sovereignty over Hong Kong, was adopted made a series of recommendations for the in April by the National People's Congress prevention of torture in Honduras, includ­ in Beijing. It failed to fully recognize and ing the creation of an officeof public prose­ protect specific human rights and to indi­ cutor within the Attorney General's Office, cate how the International Covenant on and the transfer of control of the police Civil and Political Rights, as applied in from military to civilian authority. To Hong Kong, would remain in force (see Amnesty International's knowledge, none Amnesty International Reports 1989 and of the recommendations had been imple­ 1990). mented by the end of 1990, although some initial steps were taken towards the even­ tual creation of a judicial police. In June Amnesty International wrote to President Callejas welcoming his declared commitment to human rights and urging him to take steps to ensure that human rights abuses, including killings, were fully investigated and those responsible brought to justice. The organization continued its appeals for clarification of the fate of approximately 150 detainees who had "dis­ appeared" under previous governments. In December the Minister of the Interior and Justice announced that the Honduran Government would investigate these "disappearance" cases. Amnesty Interna­ A draft of the Hong Kong Bill of Rights tional welcomed the announcement and Ordinance, due to be adopted in 1991, did requested further details of the proposed not recognize the international monitoring investigations. It also asked for clarifica­ procedures used in Hong Kong and lacked tion of the whereabouts of the three Salva­ certain safeguards against the imprison­ dorian tradesmen who "disappeared" in ment of prisoners of conscience. It pro­ November. No reply was received. vided for protection of the right to life but Also in December the Honduran Gov­ did not contain an assurance that lIong ernment finally paid the compensation to Kong's policy of not carrying out execu­ the families of "disappearance" victims tions would be maintained. Angel Manfredo Velasquez and Said Shortcomings in the screening process Godinez which had been ordered by the for Vietnamese asylum-seckers remained. Inter-American Court of Human Rights in raising the prospect that some of those 1988 and 1989 (see Amnesty International denied refugee status ("screened out") Reports 1989 and 1990). might include people who could be at risk of imprisonment as prisoners of conscience or other serious human rights violations if returned to Viet Nam. However, some HONG KONG improvements were made to the screening process and the proportion of Vietnamese Five pro-democracy activists were briefly asylum-seekers who were granted refugee detained and charged under a little-used status increased during the year. law with illegally using megaphones and A judicial inquest was held into the soliciting funds. The refugee-determina­ death of an asylum-seeker. He had died tion ("screening") process fo r Vietnamese from a ruptured spleen after an incident HONG KONG/lNDIA

in which asylum-seekers were allegedly memorandum also called for prompt and 113 assaulted by police in the Shek Kong impartial investigations into allegations Detention Centre in July 1989 (see Amnesty that detained asylum-seekers had been International Report 1990). During the assaulted and ill-treated by police and inquest two police officers reportedly other officers. In a report in July on these admitted kicking the man. In March the developments, Amnesty International inquest returned an open verdict. The out­ made public its concern that no asylum­ come of an investigation into the incident seekers should be forcibly sent back to Viet by the Complaints Against the Police Office Nam while significant flaws in the proce­ had not been disclosed by the end of the dure remained. year. In June Amnesty International outlined In December, 23 "screened-out" Viet­ its concerns on the draft Bill of Rights in a namese asylum-seekers who neither volun­ memorandum addressed to the Governor, teered nor objected to return to Vi et Nam Sir David Wilson. The organization recom­ were flown back under a program estab­ mended that anyone involved in criminal lished by the Hong Kong Government and proceedings whose rights might have been the Office ofthe United Nations High Com­ violated should be allowed to invoke the missioner for Refugees. Bill of Rights, which should not include Five prominent pro-democracy activists reservations that infringe on the interna­ were briefly arrested in February, following tionally recognized rights of prisoners and a week-long sit-in to protest against alleged asylum-seekers. The organization also rec­ flaws in the Hong Kong Basic Law. They ommended that the Bill of Rights provide were convicted under the Summary for the abolition of the death penalty. Offences Ordinance of having illegally used megaphones to address the public and of collecting money without permis­ sion. At their trial in May lawyers sugges­ ted that the charges against the five were INDIA politically motivated. They refused to pay fines imposed by the court but these were paid anonymously in August. An appeal against the convictions was still pending at the end of the year. In July and September Amnesty International wrote to the Hong Kong Government to express concern at aspects of the case, including the uncom­ monly rigid application of a public order regulation. The Hong Kong authorities replied stating that the prosecutions had not been politically motivated. At least 10 death sentences - mandatory for murder - were pronounced during the year. The Hong Kong Government contin­ ued the practice of commuting all death sentences. Following the visit of an Amnesty Inter­ Several thousand political prisoners, national delegation to Hong Kong in including prisoners of conscience, were November 1989 (see Amnesty International held without charge or trial under special Report 1990), the organization published in or preventive detention laws. Increasingly, January a Memorandum to the Govern­ politically motivated arrests were not ments of Hong Kong and the United officially acknowledged. Torture and ill­ Kingdom Regarding the Protection of treatment were widespread and in some Vietnamese Asylum-Seekers in Hong Kong. states systematic, resulting in scores of

This documented flaws in the screening deaths in police custody. Dozens of people ::0 process, made recommendations for its "disappeared" or appeared to have been m improvement and expressed opposition to extrajudicially executed in "encounters" any forcible repatriations until these flaws staged by the police. Over 100 peaceful �.... :g had been satisfactorily addressed. The demonstrators were believed to have .... INDIA

114 been victims of extrajudicial executions. The NSA permits detention without A small number of death sentences were charge or trial for up to one year. Nagaimll­ carried out. gan was ordered to be detained for one year Prime Minister Vishwanath Pratap under its provisions in Tamil Nadu in Singh's National Front (NF) coalition gov­ April for making statements "likely to dis­ ernment lost its majority in Parliament and rupt the country's unity". On 10 September resigned on 7 November. There had been a court ordered his release on technical widespread controversy over its plan to grounds. Lal Advani, leader of the reserve more jobs in the public service for Bharatiya Janata Party, and many party members of the underprivileged castes and members were also briefly detained under its opposition to attempts by Hindus to NSA provisions in October, when commu­ take over a Muslim shrine in Ayodhya. A nal violence was feared in Ayodhya. The new minority government led by Prime TADA allows up to one year's detention for Minister Chandra Shekhar, who had investigation of suspected "terrorist" or formed a breakaway faction of the Janata broadly defined "disruptive" activities. Its Dal party, called the Janata Dal (Socialist), provisions make bail difficult to obtain. took office three days later, after obtaining The act was used mainly in Punjab, Assam, the support of the Congress party. Manipur, Andhra Pradesh, and Jammu and Earlier in the year the NF government, Kashmir, where some 1,700 people were which had stated its commitment to reportedly being detained under its provi­ accountability and respect for human sions in mid-1990. Despite its name, those rights, fa ced increasing violence by armed detained under the TADA have included separatist groups, notably in Jammu and peaceful critics of the government in stales Kashmir, Punjab and Assam. According to where there was no armed opposition to Jammu and Kashmir's Director General of the government. In Gujarat, for example, Police, 1,044 people were killed in the the act was used to detain trade union state by armed separatists between January leaders and landless labourers demanding and September, including 107 members of fa ir wages and land. One of 600 people the security forces and 377 civilians - held there under the TADA in January was mostly alleged informers or victims of Zohrabibi, a 60-year-old woman who was abductions. In Punjab at least 3,800 politi­ said by the Indian press to have been cally motivated killings were reportedly detained by the Baroda police because she committed by government forces and complained about the killing of her hus­ armed separatists during the year - an band during communal rioting in 1982. unprecedented level of such deaths. In It was difficult to estimate the precise October alone Sikh separatists were number of political prisoners held in India officially said to have killed 265 people, at any one time owing to the large numbers including 68 members of the security involved, their geographical spread and the forces. President's rule (direct rule from rate of turnover. Official statistics were New Delhi) was extended for the eighth rarely given and often proved to be contra­ time in October for a further six months. In dictory. For example, before releasing 600 Jammu and Kashmir, the state assembly untried political detainees, the government was suspended in January and direct rule in New Delhi said in January that 12,000 was imposed. In July the government people were being held in Punjab alone: applied to Jammu and Kashmir the Armed the state government, however, put the Forces Special Powers Act - already in number at 6,000. force in northeast India - which empow­ Hundreds more arrests were reported ered the security forces to shoot to kill with during 1990. No official figures were given immunity from prosecution. in 1990 about the number of those being Well over 10,000 political prisoners held for political reasons at any one time in were held under preventive detention laws Jammu and Kashmir, although unofficial - the National Security Act (NSA) and the sources in July estimated that between Jammu and Kashmir Public Safety Act - or 10,000 and 15,000 people had been under special "anti-terrorist" laws, notably detained without trial in the state since the Terrorist and Disruptive Activities (Pre­ January. Semi-official sources put the num­ vention) Act (TADA) and the Arms Act. ber held in September at 2,800, of whom Some political prisoners were held on 2,000 were said to be suspected armed criminal charges. secessionists and the others political INDIA

leaders. One of the latter, Abdul Ghani torture. In Manipur, S. Joel was reportedly 115 Lone, was arrested in April for advocating beaten and given electric shocks by mem­ a separate state. He was initially held with­ bers of the 20th Assam Rifles, who were out trial at Jodhpur Central Jail in seeking information about insurgent activ­ Rajasthan, where it was difficult for rela­ ities. His body was handed over to the tives to visit him. The Director General of police in late May: he was said to have the Jammu and Kashmir police said that been shot while trying to escape. Relatives 602 people were arrested under the Jammu who had seen him on the previous day, and Kashmir Public Safety Act between however, said that he was then unable to January and September. About 1,000 oth­ walk because of injuries he had sustruned ers, mostly male youths aged between 14 under torture. In some cases, medical evi­ and 18, were arrested in the state on the dence corroborated torture allegations. In border with Pakistan. July Raju Mohite, a member of the Sched­ Most of those arrested for political rea­ uled Castes, died in a Bombay hospital one sons were detained without charge or trial. day after his release from 10 days' deten­ They included some prisoners of con­ tion at Oshiwara police station. The police science and in some cases their detention denied torture but a post-mortem revealed was not acknowledged. Yusuf Yameel, a extensive injuries to his body, attributed to Srinagar-based journalist reporting on beatings with a "hard and blunt object". developments in Jammu and Kashmir, was Increasingly, political suspects were abducted by army officers on 2 June, held in unacknowledged detention, some­ detained for two days and interrogated. His times for months. Some "disappeared" detention was initially denied by the state after arrest, especially in Punjab, where government, but an inquiry was subse­ arrests were made and subsequently quently ordered. Its outcome was not denied by plrunclothes police or paramili­ known. tary forces. Habeas corpus applications Trials of political prisoners were rare resulted in the courts ordering some of and subject to delay. "Naxalite" (Maoist those held to be produced, but such orders revolutionary) political prisoners in West were often ignored by the security forces. Bengal were denied the right to prompt In one case, the Punjab and Haryana High and fa ir trial: four of them had awaited trial Court instituted contempt of court proceed­ for over nine years. ings agrunst Central Reserve Police Force Torture remained widespread. In officers who fa iled to produce three men - Jammu and Kashmir there were well-docu­ Devinder Singh Pujari, Rajinder Singh mented reports of women being raped by Pappu and Jurbaj Singh Jago - in court on members of the security forces, especially 22 March, although a High Court official during house-to-house searches. Released had located them in secret detention two prisoners srud they had been beaten, tor­ weeks earlier. At the end of the year, the tured with electric shocks, burned with whereabouts of the three men remained Cigarettes and suspended upside-down. In unknown. Punjab, torture was al 0 systematically Extrajudicial executions of suspected used: methods included rolling wooden government opponents were reported, bars across the thighs and inserting chilli notably in Jammu and Kashmir, Punjab powder into sensitive parts of the body. and Andhra Pradesh. In Jammu and Kash­ Relatives of alleged armed secessionists mir unarmed demonstrators demanding were among those arrested and tortured. independence were shot dead by the police Elsewhere, victims of torture included without warning, including in May, when villagers detained in connection with at least 47 people in a funeral procession demands for greater autonomy or separ­ were killed after anti-Indian slogans were atism in Assam, Nagaland and Manipur, shouted. The police srud the victims had criminal suspects and people belonging to been caught in "cross-fire", but witnesses lower castes or tribal populations. In Bihar, said that the police officers fired into the people were tortured to deter them from crowd without warning. Fifteen other asserting their demands to land rights and unarmed civilians were shot dead on 1 better pay. October by the paramilitary Border Secur­ Scores of people, including many mem­ ity Force in retaliation for the murder of bers of the lower castes, died in police and ... one of their men by Kashmiri separatists. :g military custody allegedly as a result of In Punjab extrajudicial killings in ... INDIA

116 "encounters" staged by the police in May 1987, saying the inquiry had "been continued to be reported. These allegations treated as 'secret' by the government of were hard to corroborate because there Uttar Pradesh". were rarely survivors of or witnesses to Dozens of people were sentenced to such killings. However, the Attorney Gen­ death and some executions were believed eral acknowledged that a policy of killing to have been carried out. However, the government opponents existed: he told the exact figures were not known. At least Supreme Court in April that an order one mercy petition was rejected by the issued by the Director General of Police, President. Punjab, promising financial awards for the Amnesty International sought inform­ "liquidation" of 53 men described as "ter­ ation about possible prisoners - of con­ rorists", had lapsed. In June the Governor science and victims of "disappearances", of Punjab appealed to the police to stop and pressed the government to investigate fake encounters. Yet allegations of staged and prevent extrajudicial killings, notably "encounter" killings continued to be made: in Punjab, Jammu and Kashmir, and Uttar Harpal Singh and Baljit Singh, both mem­ Pradesh. It urged full and impartial investi­ bers of the All India Sikh Students Federa­ gations into all deaths in custody, and tion, were shot dead in June in what police appealed to the government not to execute maintained was an armed encounter near prisoners sentenced to death. In October Kotla Ajner village. However, villagers said Amnesty International published two the two had been tortured for several hours reports: 'Operation Bluebird', a case study and then killed by police officers. Official of torture and extrajudicial executions in investigations into such reports were rare Manipur; and India: Summary of Amnesty but this case was investigated by a magis­ International's Current Concerns. trate who found that the "death of the two In June the NF government partially was not in the ordinary course of an lifted a 10-year-old ban on all Amnesty encounter". The state's Home Secretary International visits to India, and said that reportedly urged criminal prosecutions of the organization would be allowed to con­ those allegedly responsible, but the Direc­ duct "private visits" or talks with the gov­ tor General of Police apparently opposed ernment in New Delhi. The government this because he thought it would demoral­ subsequently failed to schedule such meet­ ize the police. ings although Amnesty International pro­ During a campaign to build a Hindu posed dates in July, August, September and temple at the site of an existing mosque at October. An Amnesty International delega­ Ayodhya, Uttar Pradesh, the security forces tion attending the World Congress on allegedly killed several unarmed Hindus Human Rights in December met the Cabi­ inside houses in early November. In net Secretary and Foreign Secretary, who November and December members of the said that there had been no change in the Provincial Armed Constabulary were said previous government's policy that to have deliberately killed several Mus­ Amnesty International could visit New lims, including women and children, not Delhi for discussions with the government. connected with communal violence which However, the government had not decided had erupted in various towns in Uttar whether to allow the organization to visit Pradesh. Punjab and Jammu and Kashmir. Police officers allegedly responsible for In an oral statement to the un Sub­ human rights violations were sometimes Commission on Prevention of Discrimina­ suspended but rarely prosecuted. More­ tion and Protection of Minorities, Amnesty over, when official investigations were International included reference to its conducted into alleged large-scale human concerns in India about the torture of rights violations, their outcomes were often detainees. withheld. The NF government had stated its commitment to repealing that part of the 1952 Commission of Inquiry Act enabling governments to withhold the findings of inquiries on grounds of state security. Despite this, it refused to disclose the findings of an official inquiry into alleged extrajudicial killings of Muslims in Meerut INDONESIA-EAST TIMOR

hundreds of people were killed and hun­ 117 dreds arrested. Elsewhere, university stu­ INDONESIA! dents, Islamic activists and national opposition figures criticized what they said EAST TIMOR was the government's authoritarian rule. In August President Suharto and other government officials called publicly for greater political openness and respect for human rights. In practice, however, serious human rights violations continued. Hun­ dreds of thousands of former Indonesian Communist Party (PKI) members and pris­ oners continued to be required to report regularly to local military authorities. A new system was introduced - known as "Special Research" (Pene/itian Khusus or Litsus) - for vetting former PKI prisoners and other possible communist sympathiz­ ers. This broadened the criteria by which people could be considered "influenced" by communist thinking and then subjected At least 20 alleged opponents of the to restrictions on their employment and government were imprisoned as prisoners civil rights. of conscience during 1990. Together with At least seven university students sen­ more than 100 other prisoners of con­ tenced to prison terms during the year science convicted in previous years, they were believed to be prisoners of con­ were sentenced after trials whose fa irness science. One, Bonar Tigor Naipospos, a was in serious doubt. Some had been student at Gajah Mada University in imprisoned for more than 20 years. Hun­ Yogyakarta, was jailed for eight and a half dreds of other political opponents of the years after an apparently unfair trial. He government were detained in Aceh, Irian was convicted of subversion for possessing Jaya and East Timorj most were released and distributing literature said to contain uncharged but some were still held at the communist ideas, and of disseminating end of the year. There were new reports Marxist teachings in university discussion of torture and ill-treatment of political groups and through his own writings. Six detainees, peaceful protesters and crimi­ students were sentenced to three-year nal suspects, some of whom died as a prison terms in February for "expressing result. Hundreds of bodies were fo und in feelings of hostility, hatred or contempt" Aceh and North Sumatraj scores of the towards the government after a peaceful victims were alleged to have been extraju­ demonstration at the Bandung Institute of dicially executed by government fo rces. Technology in August 1989 (see Amnesty Three people were sentenced to death and InternationalReport J 990). fo ur political prisoners were executed At least 50 of some 140 political prison­ after more than 20 years in prisonj eight ers in Irian Jaya were believed to be prison­ other political prisoners remained in ers of conscience. About 20 were sentenced imminent danger of execution. during 1990 for advocating the indepen­ The government of President Suharto dence of the province of Irian Jaya. They fa ced arm d resistance from advocates of included Jacob Rumbiak and three others independence in the territories of East who had sought refuge in the Papua New Timor, Irian Jaya and Aceh, and open Guinea Consulate in Jayapura in December political opposition from pro-democracy 1989. They apparently received assurances activists throughout the country. [n East that they would be fairly treated but were Timor, scores of people were briefly later arrested, tried for subversion and sen­ detained when hundreds of protesters, tenced to between 12 and 15 years in many of them students, took part in a prison. Dr Thomas Wainggai and 36 others series of peaceful demonstrations. In A eh, convicted of subversion in 1989 remained where more than 5,000 government troops in prison (see Amnesty International were deployed to combat armed rebels, Report 1990). Dr Wainggai and his wife INDONESIA·EAST TIMOR

118 were transferred to Jakarta. making visits his trial. senior military officials with by relatives extremely difficult responsibility for political trials had pub­ At least 20 Islamic activists. some of licly implied his guilt He was reported to whom appeared to be prisoners of con­ have been convicted on the basis of wit­ science, were convicted in a series of sub­ nesses' statements obtained by coercion. A version trials which began in 1989 in Aceh, witness who alleged that he had been Bandung, Bima, Bogor, Jakarta. Lampung forced to make a statement by interrogators and Madura. Most were accused of under­ was prevented from testifying about this by mining the state ideology Pancasila and the court. attempting to establish an Islamic state. Torture and ill-treatment of political Their trials may not have been fair. At least detainees and criminal suspects were 40 of an estimated 300 imprisoned lslamic widespread and reportedly caused several activists sentenced for subversion in previ­ deaths. In East Timor. scores of people ous years were prisoners of conscience. were beaten by security forces during They were convicted of involvement with peaceful pro-independence demonstrations usroh groups, which advocated closer ties or were detained without charge and tor­ among Muslims and a stricter adherence tured or ill-treated in custody. Donaciano to Muslim teachings. Haji Abdul Ghani da Costa Gomes was one of several young Masykur's sentence was reduced from 11 people detained for over two weeks after to eight years on appeal (see Amnesty peaceful demonstrations in Dili in January. InternationalReport 1990). He said that he and other detainees About 50 prisoners arrested in the late had been tortured with electric shocks. 1960s for alleged involvement in the 1965 immersed for long periods in fetid water, coup attempt or for PKI membership kicked. punched. slashed with knives and remained in prison throughout 1990. Many hung from the ceiling. were believed to be prisoners of con­ Members of the police and police aux­ science. such as Pudjo Prasetio. an alleged iliary forces beat or tortured criminal sus­ PKI member in Bali who was arrested in pects to extract confessions, sometimes 1967 but only brought to trial in 1979. He causing serious injury or death. Cecep was serving a life sentence imposed for Suherman, a boy of 13. died after being subversion and was reportedly in poor clubbed on the head and kicked in the health. chest by two police auxiliaries at a Jakarta One prisoner of conscience, Lieutenant recreation park in June. The police author­ General Dharsono, was released in Sept­ ities originally said that he might have died ember (see Amnesty International Reports as a result of a fa ll but according to four 1985 and 1986). Amnesty International eye-witnesses. the dead boy and at least learned of the release of two political pris­ two of his friends had been b aten for oners who had been in prison for more entering the park without paying. The than 20 years; they had been convicted of two police auxiliaries allegedly responsible involvement in the 1965 coup attempt after were brought to trial and sentenced to trials whose fairness was in doubt. In Jan­ three years' imprisonment. uary it was learned that Abdul Syukur. Dozens of other police and military per­ arrested in 1969 and sentenced to 20 years' sonnel were also tried for torturing or imprisonment in 1976, had been released ill-treating criminal suspects. Some were in August 1989. Murdjani, arrested in 1968 convicted but generally received short and sentenced to 19 years' imprisonment prison sentences. In March, 12 Semarang in 1977. was released in May. city police officers were convicted by a There continued to b serious doubts military court of torturing three young about the fa irness of political trials. par­ criminal suspects. one of whom died of his ticularly those held under the broadly injuries within hours. Witnesses testified worded Anti-Subversion Law. Defendants that 10 of the police officers had taken were freq uently held for months before turns to kick and beat their victims on the being charged or tried and some were head and body with lengths of wood, an apparently convicted on the basis of uncor­ iron pipe and a police helmet for over eight roborated confessions extracted under hours. They were jailed for between J 5 duress. Bonar Tigor Naipospos, for exam­ days and one year. ple, was held for almost onc year before Extrajudicial executions by government being formally charged and tried. Before forces and paramilitary groups backed by INDONESIA-EAST TIMOR/lRAN

local military commanders were reported PKl membership; and onc was an Islamic 119 in East Timor, Irian raya and Aceh. In some activist convicted of subversion in 1982. cases, victims were tortured and ill-treated The death penalty was retained in a before being killed. In March Candido revised version of the Criminal Code pro­ Amaral, a fa ther of five, was detained by posed in October but not adopted by the members of the Indonesian security fo rces end of the year. in East Timor. He was said to have been Amnesty International appealed through­ kicked and punched during questioning out the year for the release of prisoners about armed opposition activities and then of conscience and for a review of other had his genitals burned with cigarettes. case involving unfair trials. The organiz­ The fo llowing day he was taken away and ation expressed concern about the deten­ shot by firing-squad without any form of tion, torture and ill-treatment of political trial. The military authorities said that detainees and peaceful protesters in Indo­ those responsible would be disciplined but nesia and East Timor. It expressed dismay it was not clear whether anyone had been at the execution of four political prisoners brought to justice by the end of the year. in February and urged the government In Aceh, where government forces faced to commute all outstanding death sentences. armed opposition from rebel forces who In an oral statement to the United themselves committed acts of violence Nations (UN) Sub-Commission on Preven­ including murder, scores of people were tion of Discrimination and Protection of reportedly victims of extrajudicial execu­ Minorities in August, Amnesty Interna­ tions. From September onwards, villagers tional included reference to its concerns in parts of Aceh and North Sumatra dis­ in Indonesia. In a submission to the UN covered hundreds of corpses in shallow Special Committee on D colonization in graves, ditches and rivers. Some were still the same month, it drew attention to con­ blindfold with their hands and feet bound, tinued reports of extrajudicial executions and many bore signs of torture and had and "disappearances" in East Timor and bullet wounds to the head. Government the emergence of a pattern of short-term and military officials admitted killing more detention, ill-treatment and torture of than 40 suspected rebels during the year, alleged political opponents of Indonesian but said that the corpses were those of the rule in the territory. victims of rebel attacks. However, human In meetings with representatives of the rights activists and local political and Indonesian Governm nt, Amnesty Interna­ religious leaders said that some were tional reiterated its proposal, submitted in the victims of extrajudicial killings by 1989, to visit Indonesia and East Timor. government troops and government-back.ed The government said that the proposal was paramilitary forces. still under consideration but there was no Four elderly political prisoners - Satar progress on this by the end of the year. Suryanto, Yohanes Surono, Simon Petrus Soleiman and Noor Rohayan - were exe­ cuted by firing-squad in February, more than 20 years after being im prisoned for IRAN alleged involvement in the 1965 coup attempt. It was confirmed that two others - Hundreds of people imprisoned fo r Mochtar Effendi bin Sirait and Tohong political reasons, including prisoners of Harahap - who were accused of similar conscience, remained in prison and hun­ offenc s had been executed in October dreds more were detained during the year. 1989. These executions brought the total Some were held indefinitely without number of death sentences carried out charge or trial, others were entenced to since 1985 to 28. Of these, 22 were "PKl" prison term after unfair trials held in prisoners, four were Islamic activists and camera and in the absence of defence two had b en convicted of murder. lawyers. Many arre ts occurred after pol­ Three people were sentenced to death itical demonstrations, or as a result of for murder, bringing the number on death ethnic unrest. Torture and beatings of pris­ row to at lea t 29. Of these, eight were oners were widely reported, and some believed to be in imminent danger of elderly and infirm prisoners of conscience execution: seven had been convicted of were allegedly denied necessary medica­ involvement in the 1965 coup attempt or of tion. Over 750 people were executed after IRAN

120 being convicted of criminal offences, their executed husbands. They had been according to Iranian press reports, includ­ tortured and, without exception, denied ing at least 400 sentenced fo r alleged drug­ access to legal counsel. trafficking. Many executions took place About 50 of the women were granted after summary trials. A number of govern­ unconditional temporary release from ment opponents resident abroad were prison in August for an initial l0-day peri­ believed to have been victims of extrajudi­ od, which some of them were able to cial executions carried out by Iranian extend. Most were forced to return to Government agents. prison by the end of October. The Special Representative of the Uni­ Mariam Firouz, the former head of the ted Nations (UN) Commission on Human Democratic Organization of Iranian Women Rights on the situation of human rights in and a prisoner of conscience aged over 70, the Islamic Republic of Iran was granted was not among the women offered tempo­ access to the country for the first time in rary release. However, she was visited by January, and returned for a second visit in the UN Special Representative in October. October. President Ali Akbar Hashemi Raf­ In June a number of signatories to an sanjani's government promised to provide open letter to President Rafsanjani were detailed responses to specific allegations of arrested. The letter, signed by 90 people, abuse as requested by the Special Repre­ criticized the lack of rights and freedoms in sentative but had done so only partially by Iran as well as other aspects of government the end of the year. Information about the policy. The identities of more than 20 of detention and treatment of political prison­ those held became known but others may ers, particularly from more remote parts of also have been arrested. Some of the the country, continued to be difficult to detainees were members of the Association obtain because human rights groups were for the Defence of the Freedom and not allowed access to the country. Sovereignty of the Iranian Nation (ADFSIN), led by the first prime minister of the Islam­ ic Republic, Mehdi Bazargan, who was not himself arrested. However, several former ministers in Mehdi Bazargan's short-lived 1979 govornment were among those detained, including 75-year-old Ali Ardalan, who suffers from chronic heart disease, and Nour Ali Tabandeh, who is over 70. At least 16 were still held without trial at the end of the year. Some of those detained were beaten at the time of arrest, and there were persistent reports that they had been ill-treated in detention to make them confess in tele­ vised interviews to government allegations of espionage and counter-revolutionary Approximately 100 women allegedly activities. Some of the prisoners were connected with two left-wing political par­ reportedly denied necessary medication ties, the Tudeh Party and the People's thereby further endangering their health. Fedaiyan Organization of Iran (Majority), In common with other political prison­ were still held at Evin Prison, Tehran, at ers in Iran, these detainees were not per­ the beginning of 1990. They were arrested mitted access to a lawyer, and they had no in 1983 just prior to the dissolution of the right to challenge the legality of their two political parties. Some were detained detention before a judicial authority. without charge or trial; others had been ADFSIN'S stated aims and objectives made held for some years and then sentenced at clear that its activities were aimed at secret summary trials. About half of those upholding the rule of law and respect for sentenced had completed their prison the onstitution of the Islamic Republic. terms, but the authorities refused to release These detentions, and the banning of them until they agreed to sign prepared ADFSIN, restricted yet further the already statements denouncing their former politi­ narrow scope for legal political opposition cal activities, or. in some cases, those of to the government. IRAN

More than 50 supporters of the opposi­ of having monarchist sympathies, descri­ 121 tion group, the People's Mojahedine Organ­ bed how, in 1989, he had been taken for ization of Iran (PMor), were held in execution in Qasr Prison, Tehran, with 10 incommunicado detention. Their where­ other prisoners. He was blindfolded and abouts were unknown and there had been forced to stand against a wall, and then no news of some of them since 1988. heard gunshots. As he was being led away, Hundreds of other people were report­ he lifted his blindfold and saw that eight of edly arrested following political demon­ the prisoners had been killed. strations in various parts of the country. In A man arrested in 1988 in Zahedan and February disturbances after the postpone­ suspected of activities for Peykor, a banned ment of two football matches in Tehran left-wing political organization, described turned into protests about government pol­ how he had been taken to a detention cen­ icy and clashes between demonstrators and tre, strapped to a bed face down, and beat­ police, resulting in the detention of scores en with whips and cables. He said that on of people. In April the official press repor­ one occasion an interrogator had held a ted the arrest of 65 people for taking part in pistol to his neck while another guard fired a political demonstration in Mellat Park in a pistol into the air. north Tehran. Throughout the year there A number of political opponents of the were reports of unrest in Kurdistan and government were killed outside Iran in cir­ Baluchistan resulting in the arrest of hun­ cumstances suggesting that they were the dreds of people, some of whom may have victims of extrajudicial executions carried been involved in armed attacks on mem­ out by Iranian Government agents. In April bers of the security forces, or smuggling. Dr Kazem Rajavi, a representative of the There were no reports of alleged partici­ PMOI, was shot dead while driving near his pants in political demonstrations being home in Geneva. A Swiss judicial investi­ brought to trial, and it is not known how gation revealed evidence that agents of the many of those arrested remained in prison Iranian Government were directly involved at the end of the year. in this killing. In August an Iranian Kur­ In March, 10 men were sentenced to dish activist was found shot dead on the death fo r spying for the United States of Konya to Ankara road in Turkey. It was America (USA) in closed trials before Islam­ alleged that Iranian Government agents ic Revolutionary Courts. They were arres­ may have carried out this killing, as well as ted at the end of 1988, with no reason a letter bomb attack in Sweden in Septem­ being given fo r their detention, and held ber in which the wife of an Iranian Kurdish incommunicado in Evin Prison until exile was killed. In October Sirous Elahi, a August 1989, when fa mily visits were per­ prominent member of the Flag of Freedom mitted. Confessions by the prisoners were Organization, was found shot dead in his reported in the press in November 1989. Paris apartment building, and Iranian Gov­ Three of the condemned prisoners were ernment involvement in the killing was met by the UN Special Representative in alleged. Several other attempts on the lives October, but the fa te of the other seven was of Iranian exiles were reported. not known. There were 757 executions of people Torture of prisoners in pro-trial deten­ convicted of criminal offences. Many of tion continued, and arbitrary brutality these executions took place in public, towards convicted prisoners was common. often after summary trials which fa iled One of the women prisoners of conscience to comply with international standards. released temporarily in August said that More than 400 of the executions were for prisoners were beaten by the guards on the drug-trafficking; over 100 of these took slightest pretext. place in a two-week period in September At least 12 people had the fingers of one when an intensification of the long-running hand amputated as judicially imposed anti-narcotics campaign, including fur­ punishments for repeated theft, and flog­ ther proposals to speed up the punish­ gings were imposed fo r a wide variety of ment of offenders, was announced. offences. It was not possible to estimate the num­ Former prisoners who had escaped from ber of political executions which routinely Iran to seek political asylum in Europe took place in secret. It was alleged that described the torture they had suffered among those executed for criminal offences during 1988 and 1989. One man, accused were a number of political opponents IRAN/lRAQAND OCCUPIED KUWAIT \ 122 fa lsely accused of involvement in CrImI­ In May it publicized the plight of the nal activity. For example. Dr Sepah Man­ women prisoners from left-wing opposition sour. executed in January in Karaj, was groups imprisoned since 1983. eight of I said to have been falsely accused of drug­ whom it named as prisoners of conscience. trafficking. and to have been killed because Amnesty lrIternational made renewed of his opposition to the government. appeals in August fo llowing the imprison­ In December a Christian pastor. the ment of more than 20 prisoners of con­ Reverend Hossein Soodmand. was execu­ science for criticizing the lack of rights and ted in Mashhad avparently on charges of freedoms in Iran. and expressed particular apostasy. punishable by death under the concern about their torture and ill-treat­ Islamic Penal Code of Iran. He had con­ ment. The organization wrote to Ayatollah verted to Christianity from Islam more than Yazdi. the Head of the Judiciary. about its 20 years ago. wish to send a delegation to observe the In May the Islamic Consultative Assem­ trial of these prisoners. but there was no bly passed a new law extending the death response and no indication from the penalty to offences such as profiteering and authorities as to when the trial might take food-hoarding. described as "economic ter­ place. rorism". This new law. which was seen as In June Amnesty International wrote to a political attack on influential bazaari President Rafsanjani expressing its deep merchants. was blocked because of an concern at the preliminary conclusions objection from the Council of Guardians. reached by a Swiss judge investigating the which is empowered to veto parliamentary killing of Dr Kazem Rajavi which indicated decisions which it finds incompatible with "the direct involvement ...of one or more Islamic principles. official Iranian services". Amnesty Interna­ Four men accused of rape of minors tional expressed its unreserved opposition were beheaded. and at least six people to extrajudicial executions and sought were stoned to death. One man was put to urgent clarification of the role of the death by being thrown from a precipice. Iranian authorities in Dr Kazem Rajavi's Kazem Shirafkan. aged 17. was executed in killing. No reply was received. Mashhad for the murder of a lO-year-old In D cember Amnesty Int rnational boy. published a major report. Iran: Violations Amnesty International campaigned of Human Rights 1987-1990. which con­ throughout the year for an nd to execu­ tained detailed information about torture. tions in Iran. expressing particular concern executions and political imprisonment. about the very large number of executions and criticized the Iranian authorities' fail­ and the lack of procedural afeguards fo r ure to halt persistent gross violations of defendants facing charges punishable by human rights. death. In February Amnesty International sub­ mitted a written statement to the UN Com­ mission on Human Rights which drew IRAQ AND particular attention to its concerns about the death penalty and torture. OCCUPIED KUWAIT In August Amnesty International made reference to the execution of minors in Iran Thousands of political prisoners, includ- in an oral statement to the tiN Sub-Commis­ ing prisoners of conscience, were detained sion on Prevention of Discrimination and without charge or trial or imprisoned after Protection of Minoritifls. unfair trials. Some of them had been . In April Amnesty International wrote to detained in Iraq in 1990 or previous years President Rafsanjani asking to be informed but thousands of others. including Iraqi I of the reasons for the arrest of 65 people in exiles, foreign nationals and Kuwaitis, Mellat Park in Tehran. and seeking further were imprisoned after Iraq's invasion of information on their situation. The letter Kuwait on 2 August. Torture of prisoners also sought information about otllCr re­ was routine and widespread. Hundreds of ported arrests. hut no reply was received. people. including Iraqi refugees who Amnesty International also pressed for returned to Iraq under official amnesties the release of all prisoners of conscience and Kuwaitis detained after the invasion, and for fa ir trials for all political prisoners. reportedly "disappeared" in custody. IRAQ AND OCCUPIED KUWAIT

There were hundreds of extrajudicial exe­ (see Amnesty Internatianal Report 1990) 123 cutions: the victims included Kurdish and convicted with two others of espionage opponents of the Iraqi Government and by the Revolutionary Court, was sentenced Kuwaiti opponents of Iraq's occupation, to death and executed in March. One of including children. Two people were his co-defendants, British nurse Daphne executed after unfair trials. It was not Parish, was sentenced to 15 years' impris­ clear whether other exe cutions were pre­ onment but pardoned by President Saddam ceded by any judicial proceedings. Hussein in July and released. The third On 2 August Iraqi troops invaded defendant, an unnamed Iraqi national, Kuwait, and on 8 August it was annexed as received a 10-year prison sentence. On 13 Iraq's 19th province. On 3 August the July an Iraqi with Swedish citizenship, Jalil United Nations (UN) Security Council Mahdi Sal eh al-Nu'aimi, was executed by passed a resolution imposing economic hanging. He had been convicted of espi­ sanctions on Iraq and demanding the onage by the Revolutionary Court and sen­ irnm diate withdrawal of Iraqi troops from tenced to death on 30 April. Kuwait. At the end of the year, Iraqi troops remained in Kuwait, despite nine other Security Council resolutions calling for withdrawal and for the restoration of the sovereignty of Kuwait. In March a general amnesty was declared for all Iraqi Kurdish government opponents living abroad. Initially valid for two months, the amnesty was extended until 11 July. Between April and June, some 2,900 Iraqi Kurds, Assyrians and Turcomans reportedly returned from Tur­ key to Iraq under the amnesty. However, there was no independent international monitoring of the return process, and many refugees were reportedly coerced into returning (see Turkey). Scores of There were new reports of "disappear­ returning Iraqi Kurds were arrested and ances" of government opponents. One, a later "disappeared", and others, including KDP member sentenced to death in absen tia four Turcomans, were reportedly executed. in 1988. "disappeared" after he was extra­ In December another general amnesty was dited from Turkey to Iraq in May, despite declared for all Iraqi government oppo­ having been recognized as a refugee by the nents living abroad and army deserters. United Nations High Commissioner for Thousands of political prisoners, Refugees (UNHCR). Reports suggested that he including possible prisoners of conscience, was executed fo llowing a trial in June. remain d in detention without charge or The fa te and whereabouts of thousands trial, or were serving prison sent nces of other prisoners who "disappeared" in imposed after unfair trials; hundreds of previous years also remained unknown. others were detained for political reasons Among them were 353 Kurds who "dis­ during the year. They included suspected appeared" in custody in August 1988, and members of prohibited political parties, 33 Assyrian Christians and a number of such as the Kurdistan Democratic Party Kurds who "disappeared" fo llowing their (KDP): the Patriotic Union of Kurdistan return from camps in Turkey and Iran in (PUK); the Iraqi Communist Party (1(:1'); 1988 and 1989 under official amnesties and a/-Da 'wo al-Is/amiyya. the Islamic Call. (see Amnesty InternationalReport 1990). Relatives of suspected government oppo­ Hundreds of people were reportedly nents. including children, continued to Im executed, although in most cases it was imprisoned while the authorities sought difficult to determine whether they had the suspects. received any form of trial. Among them Two people were executed after unfair were 23 Iraqi Kurds who were executed trials, from which there was no right of in the Shahrazar region of northern Iraq appeal. Farzad Bazoft, a British-based Ira­ between December 1989 and February i nian journalist arrested in September 1989 1990. They were r po dly arrested ... IRAQ AND OCCUPIED KUWAIT

124 following anti-government demonstrations detainees reportedly died under torture and held at a military camp in the city of and had their bodies dumped in the street Khurmal prior to their execution. or outside their homes. In February Amnesty International Scores of Kuwaitis reportedly "disap­ received reports that large numbers of peared" fo llowing arrest; it was feared people, including unarmed civilians and that many were extrajudicially executed. army deserters, were killed or wounded Relatives who inquired about them were following armed incursions by government in some cases themselves arrested and forces in southern Iraq between 10 and 21 tortured. January. Troops were said to have attacked In August Iraq's Revolutionary Com­ more than 30 towns and villages in the pre­ mand Council (Ree) introduced the death dominantly Shi'a provinces in the south. penalty for looting. hoarding food for com­ Following the invasion of Kuwait on 2 mercial purposes and harbouring Western August, thousands of people were report­ nationals. A man said to be an Iraqi soldier edly arrested there by Iraqi forces, and was executed by firing-squad. His body either detained in Kuwait or taken to pris­ was publicly displayed in Kuwait City on ons in Iraq. They included Iraqi exiles 16 August: he was said to have been con­ suspected of having links with ai-Da'wa al­ victed of looting. Ten others. including lslamiyya: membership of this organization Kuwaiti, Syrian, Egyptian and Iraqi nation­ carries the death penalty in Iraq. Hundreds als, were executed for the same offence of Kuwaitis, including children, were also later in August and seven more were pub­ arrested, as were former members of parlia­ licly hanged in November. It was not ment, civil servants and students. Many of known whether any of them had received a them were prisoners of conscience, held trial. for their peaceful opposition to the Iraqi Iraqi troops were said to have deliber­ occupation. Some were soon released. but ately killed hundreds of unarmed civilians. hundreds, possibly thousands, were According to eye-witnesses, Kuwaiti men believed still held at the end of the year. and young boys were shot in the head at Hundreds of foreign nationals were also close range, often in front of their fa milies. detained. Some were held at military and Many had already been detained and tor­ industrial installations in Iraq and Kuwait tured. Some were killed after being found as so-called "human shields", but all were in possession of opposition literature, the believed to have been released by the end Kuwaiti flag or photographs of the Amir of 1990. of Kuwait. Others were reportedly killed According to the testimonies of former for refusing to display photographs of detainees, torture was routine and President Saddam Hussein. According to widespread. The methods used reportedly medical personnel working in hospitals in included prolonged bealing all over the Kuwait, scores of bodies of young men body, breaking of limbs, extinguishing were brought in off the streets; many of cigarettes on the body and in the eyes, them had been shot in the head or heart gouging out of the eyes. electric shocks, at close range. Some of the bodies were sexual assault and mock executions. The mutilated and bore marks of torture. A majority of victims were Kuwaiti males, Kuwaiti woman and two youths aged 13 among them minors as young as 13. Rape and 16 were reportedly shot dead after victims were said to include women and Iraqi troops fired without warning on a young men. A 17-year-old Kuwaiti student peaceful demonstration in the Jabiriyya arrested in September and held for one district of Kuwait City on 8 August. On 9 month in Kuwait City and Basra alleged September. five employees of al-'Addan that he was severely kicked and beaten, Hospital were summarily executed for subjected to [a laqa (beating on the soles of allegedly neglecting an injured Iraqi officer the feet) for prolonged periods. had electric who was brought in for treatment but died shocks applied to his chest until he lost subsequently. Eye-witnesses reported that consciousness, had his skin pierced with premature babies died after they were pins. was threatened with the insertion of a removed from incubators by Iraqi soldiers. bottle into his anus and was subjected to Patients were also said to have died after mock execution. Most victims said their Iraqi troops fo rcibly removed them from torturers sought information about those life-support machines at hospitals in opposing the Iraqi occupation. Some Kuwait City. IRAQ AND OCCUPIED KUWAfT/lRELAND(REPUBLIC OF) I

Some 120 Iraqi soldiers and officers Amnesty International's findings. 125 were reportedly executed in early August In an oral statement delivered to the UN for allegedly refusing to take part in the Commission on Human Rights in February, invasion of Kuwait. Amnesty International Amnesty International drew attention to its received the names of some of those report­ concerns in Iraq. After the Commission had edly killed, including Major General Kamal rejected a resolution calling for a Special 'Abd al-Sattar and air force Brigadier Saleh Rapporteur to be appointed to study Iraq's Muhammad Jaber. Reports were also human rights record, Amnesty Interna­ received of the execution of Iraqi army tional issued a statement saying that it was ' deserters fo llowing the invasion of Kuwait. deeply disturbed at the decision of the lIN S Amnesty International continued Uuough­ central human rights body to take no action out the year to call for the release of prisoners on the systematic and wide-ranging abuses of conscience, for the fa ir trial or release vf in Iraq. other political prisoners detained without trial or after unfair trials, and for urgent gov- rnrnent action to halt torture and ill-treat­ ment and to account for the "disappeared". Amnesty International also campaigned IRELAND against the death penalty, and called for the (REPUBLIC OF) commutation of all death sentences, includ­ ing that imposed on Farzad Bazoft after a grossly unfair trial, and for an end to extraju­ dicial executions. Amnesty International expressed particular concern to the govern­ ment in January about reported mass killings of unarmed civilians and army deserters by government forces in southern Iraq. In May the organization called for fu ll human rights protection for more than 2,500 returning Kurdish refugees in view of past reports of "disappearances " and the lack of indepen­ dent international monitoring of th return program. In June Amnesty International pub­ lished a report, Iraqi Kurds: At Risk of Forcible Repatriation from Turkey and Human Rights Violations in Iraq, which drew The death penalty was abolished in July: attention to these concerns. In response to the no execution had taken place since 1954. report, the Iraqi Government stated that A former prisoner was prevented from "refugees - on their return to Iraq - will be raising his allegations of ill-treatment in free to reside in their original areas or custody in a civil action against the state. wherever they may wish ... " Parliament passed a law abolishing the Following the invasion of Kuwait, death penalty in June; the law was signed Amnesty International expressed grave by the President on 13 July and became concern about the arrests there of Iraqi effective immediately. exiles, many of whom were taken to Iraq, The High Court ruled in March that and the imprisonment of all those detained Osgur Breatnach could not raise his allega­ for political reasons. Amnesty International tions of police as ault in civil proceedings called publicly on the Iraqi Government to b cause of the criminal court's ruling in end the gross human rights violations - 1978 that he had not been ill-treated. Osgur torture, "disappearance " and executions - Breatnach, Ni ky Kelly and Brian MeN ally committed by its forces in Kuwait. In had been convicted in 1978 of involvement December Amnesty International do u­ in the 1976 Sallins mail train robbery sole­ ment d these violations in a major report, ly on the basis of confessions allegedly Iraq/Occupied Kuwait: Human Rights obtained by ill-troatment during incom­ Violations Since 2 August, and repeated municado detention. Th Court of Criminal its call fo r an immediate end to human Appeal in 1980 ruled that the confessions rights violations. The government denied of Osgur Breatnach and Brian McNally violating human rights and rejected had been involuntary and quashed their IRElAND (REPUBLIC OF);1SRAEL AND THE OCCUPIED TERRITORIES

126 sentences. Nicky Kelly was released on forces, often in circumstances suggesting "humanitarian grounds" in 1984. unjustifiable killings. Israeli soldiers mis­ All three have attempted to bring civil used tear-gas, endangering lives. Investiga­ actions fo r damages against the state (see tions into abuses and related prosecutions Amnesty International Report 1990). Nicky appeared to be inadequate. One person Kelly was prevented from proceeding with remained under sentence of death. his civil action in 1986; no decision has yet Palestinians in the West Bank and Gaza been reached on whether to allow Brian Strip continued to protest at the Israeli McNally's action. occupation. They organized regular stri kes Amnesty International was concerned and demonstrations. Young people, often that Osgur Breatnach and Nicky Kelly masked, frequently attacked Israeli soldiers appeared to have been prevented fromhav­ and sometimes Israeli civilians, mainly ing their claims of police ill-treatment fu lly with stones or petrol bombs. Some Israelis and impartially investigated. The organiz­ were stabbed to death. A dozen Israeli ation urged the government to establish an civilians and members of the security independent inquiry into all the allegations forces were killed in such attacks. Some of ill-treatment in custody made in connec­ 150 Palestinians were killed apparently by tion with the 1976 Sallins mail train rob­ other Palestinians, the vast majority on sus­ bery, and to make the findings public. picion of collaborating with the Israeli authorities. The Israeli authorities responded to dis­ turbances with widespread arrests and ISRAEL AND THE restrictions of movement. They also used excessive or indiscriminate force. They OCCUPIED closed educational institutions, imposed prolonged curfews and closed off areas to TERRITORIES outside observers as military zones. They also demolished or sealed houses as a form of punishment. Over 4,000 Palestinians were held in administrative detention for renewable periods of up to one year. A two-step pro­ cess of judicial review of detention orders was available, but appeals by detainees took place weeks, sometimes months, after arrest. In almost every case, detainees and their lawyers were not provided with cru­ cial information about the reasons for their detention. With few exceptions, appeals resulted in confirmation of the original detention order or slight reductions in detention periods. Almost all administra­ tive detainees were held in the Ketziot Some 25,000 Palestinians, including pris­ detention camp in the Negev desert in oners of conscience, were arrested in con­ Israel. Despite improvements in accommo­ nection with the intifa da (uprising) in the dation facilities, conditions in the camp Occupied Territories. Over 4,000 were remained harsh, particularly as detainees administratively detained without charge did not receive visits from relatives. or trial, and thousands of others were Among the administrative detainees tried by military courts. By the end of the were prisoners of conscience. They inclu­ year about 13,000 were still detained or ded three human rights fieldworkers: imprisoned. Dozens of Israelis, including Sha'wan ]abarin and Iyad Haddad were Druze and Jewish objectors to military ser­ released in September and December after vice, were imprisoned as prisoners of con­ 11 months and two and a half months in science. Thousands of Palestinians were detention respectively; Wafiq Abu Siddu punitively beaten or otherwise tortured or was served with a six-month detention ill-treated. About 120 Palestinians, includ­ order in November, reduced on appeal to ing children, were shot dead by Israeli four and a half months. Other political ISRAEL AND THE OCCUPIED TERRITORIES

detainees included Radwan Abu 'Ayyash offences such as throwing stones or petrol 127 and Ziad Abu Zayyad, two journalists bombs. After being arrested , they could be served with six-month orders in November, held for 18 days before being presented to a and Dr Ahmad al-Yazji, a surgeon served judge. Many were denied access to lawyers with a one-year order in November. and family for much longer periods. Con­ Israeli prisoners of conscience included fessions allegedly extracted during Michel Warschawsky, head of the Alterna­ incommunicado detention were often the tive Information Centre, who was impris­ primary evidence against them. Those con­ oned between July and November for testing cha rges fa ced delays which could agreeing to typeset a booklet without ade­ postpone trials for months and sometimes quately checking its legality according to years. Bail was rarely granted and many Israeli law. The booklet was issued by the pleaded guilty in order to avoid periods of Popular Front for the Liberation of Pales­ pre-trial detention which would exceed tine and advised on how to withstand likely sentences. The much heavier sen­ interrogation. tences imposed on those convicted after Two Israeli prisoners of conscience trial also reportedly deterred many from imprisoned in 1989 were released when contesting charges. their sentences expired. Abie Nathan, an The systematic use of ill-treatment dur­ Israeli peace campaigner, was released in ing interrogation was widespread and there February but was charged again for having were reports of punitive beatings immedi­ met officials of the Palestine Liberation ately after arrest and of torture. Methods Organization (PLO) during the year. Yacov included beatings with truncheons and Ben Efrat, a political activist, was released rifle butts; hooding with dirty sacks; sleep in October (see Amnesty International deprivation by prolonged shackling in con­ Report 1990). Trial proceedings initiated in torted positions; confinement in small, previous years against 12 Israelis accused darkened cells often referred to as "clos­ of unauthorized contacts with the PLO con­ ets"; and squeezing of testicles. Riad She­ tinued, but had not been completed by the habi, a shop-owner in Jerusalem arrested end of the year. on suspicion of throwing stones, was Other prisoners of conscience released severely beaten in July while in police cus­ during the year included Hamzi Smeidi, a tody. 'Abd al-Ra'uf Ghabin, a journalist, Palestinian journalist sentenced in January was held incommunicado for over three to 15 months of actual imprisonment. He weeks in September. During this time he was found guilty of drafting non-violent was allegedly deprived of sleep and beaten parts of a leaflet issued by the clandes­ on his head, genitals and other parts of his tine Unified National Leadership of the body. In May Ghaleb Zallum died appar­ intifada. He was released in June. ently as a result of beatings by soldiers after Dozens of Israeli Druze were impris­ he refused to clear a road of stones in oned for several months for refusing to per­ Hebron (al-Khalil). form military service on grounds of Mordechai Vanunu, an Israeli former conscience. 'Urwa Salim served a total of nuclear technician, continued to serve his over nine months in prison between 1988 18-year prison sentence in solitary and 1990. Fu'ad Humayd was imprisoned confinement with severely restricted access for 45 days in May and June for refusing to to visitors (see Amnesty International do reserve duty in a prison containing Reports 1988 to 1990). Palestinian political prisoners. Some 46 About 120 Palestinians, including chil­ Israeli Jews served periods of imprison­ dren and young people, were shot dead by ment of up to 35 days for refusing to per­ Israeli forces using live ammunition and form certain typ s of military service, such special types of plastic and other bullets. as duties in the Occupied Territories. Nir Firearms continued to be used as a com­ Keinan, a career officer, was imprisoned for mon means of riot control under official 35 days after refusing to serve in the Gaza guidelines which appeared inconsistent Strip. He was released in November and with the internationally recognized princi­ was dismissed from the army. Amnesty ples of necessity and proportionality in the International considers such objectors to be use of force. Many resulting killings prisoners of conscience. seemed unjustifiable. In October at least 17 Thousands of Palestinians fa ced trial by Palestinians were shot dead by police at military courts, most charged with violent the Haram al-Sharif (Temple Mount) in ISRAEL AND THE OCCUPIED TERRITORIES

128 Jerusalem during a riot. An official com­ offences including crimes against humani­ mission of investigation fo und that the ty, remained under sentence of death. His shootings were justified by a life-threaten­ appeal proceedings before the Supreme ing situation, although it also established Court began in May and continued during that at some point firing was indiscrimi­ the year. nate and that two nurses were injured Amnesty International called for the when an ambulance attending the wound­ release of prisoners of conscience and for ed was shot at. Reports from local human administrative detainees to be released rights groups and other sources suggested unless they were given an adequate oppor­ that many of the victims died as a result tunity to challenge their detention. It also of the indiscriminate and unjustifiable use appealed on behalf of victims of torture or of firearms. A judicial inquest into these ill-treatment. In January Amnesty Interna­ killings was also initiated and was continu­ tional published a report, Israel and the ing at the end of the year. Occupied Territories: Killings by Israeli There were reports of Israeli soldiers Forces. The report said that existing guide­ possibly deliberately misusing tear-gas, lines for the use of firearms, as well as the which can be lethal in confined spaces. pattern of killings and subsequent investi­ Scores of babies needed urgent treatment gations, suggested that the Israeli author­ after tear-gas canisters were thrown into a ities were effectively condoning if not Gaza maternity clinic in June and into the encouraging extrajudicial executions as a infant ward of Makassed Hospital in Octo­ means of controlling unrest. After the ber. A soldier received a 10-day prison sen­ killings in Jerusalem in October, it called tence in connection with the incident in fo r an independent judicial inquiry to Gaza. A few elderly or very young Pales­ investigate the incident and to review tinians reportedly died after exposure to official guidelines on opening fire and tear-gas in confined spaces. methods of riot control. Several soldiers and police officers In January Amnesty International sub­ were convicted or disciplined for offences mitted a written statement to the United related to the intifa da during the year. Nations (UN) Commission on Human Rights Investigations were mostly conducted about human rights violations in the Occu­ internally by the police or armed forces pied Territories. In August it drew atten­ and took a long time to conclude. In Octo­ tion to its concerns about administrative ber one soldier was sentenced to two detention to the UN Sub-Commission on months of actual imprisonment and three Prevention of Discrimination and Protec­ received suspended sentences of up to five tion of Minorities. months for having beaten two Palestinians Amnesty International delegates visited in their custody in February 1988. One of the country in July and October. They met the victims, Iyad 'Aql, died after the several civilian and military officials and assault. Onc soldier was reportedly sen­ observed administrative detention hearings tenced to three months of actual imprison­ and military court trials. ment and two others to prison sentences of The Israeli authorities told Amnesty 14 and 28 days in connection with the International that every administrative torture of Sha'wan Jabarin (see Amnesty detention order was based on reliable International Report 1990). In June a sol­ information, although reasons of security dier was sentenced to four months of precluded disclosure of sources. They "unpleasant" work at a military base for stressed violent aspects of the intifada, having shot dead in June 1988 'Abd al­ arguing that Israel's response had been pro­ Ra'uf Hamed, who was apparently fleeing portionate in that context. They said that arrest. Another soldier was reportedly sen­ some soldiers had understood orders tenced to one month's imprisonment for issued in early 1988 on the use of night­ the killing in August 1989 of Yaser Abu sticks as authorizing "excessive force, Ghawsh (see Amnesty International Report including the use of force as a punitive or 1990). The official investigation established deterrent measure", but that this had been that the treatment of the victim after he had redressed and offenders punished. The been shot, when a doctor was reportedly authorities also said that the decision to prevented from giving aid, was "inappro­ impose solitary confinement on Mordechai priate under the circumstances". Vanunu was found to be reasonable by the John Demjanjuk, convicted in 1988 of Israeli judiciary. ISRAEL AND THE OCCUPIED TERRITORIES;1TALY

Amnesty International received replies inefficient. There were reported difficulties 129 on six cases of fa tal shootings by Israeli in implementing the new code and the gov­ forces which were among those submitted ernment was criticized for making inad­ to the authorities in 1989. The official equate provision for essential structural version of events was sometimes inconsis­ and administrative reforms. tent with the allegations which Amnesty No progress was reported in the prep­ International had received. Nevertheless, aration of legislation to abolish the death in five of the six cases official investiga­ penalty from the Wartime Military Penal tions had established that the guidelines Code and thus for all offences under Italian for opening fire had been violated. In one law, as requested by the Chamber of case a soldier was charged with causing Deputies in August 1989. death by negligence; in two cases soldiers In February Italy signed the Second were charged with illegal use of arms; and Optional Protocol to the International in two others soldiers were reprimanded or Covenant on Civil and Political Rights censured. Aiming at the Abolition of the Death Penalty. It had not yet been ratified by the end of the year. Reports of the ill-treatment of prisoners ITALY continued. On 30 January around 20 pris­ oners in Novara Maximum Security Prison attempted to remain in the exercise yard for an extra 30 minutes, in protest at disci­ plinary action taken against a fe llow pris­ oner. It was alleged that when they refused to disperse, water hoses were turned on them and about 80 guards attacked them with truncheons and iron bars. Some of the prisoners were reportedly beaten after they had been knocked to the ground. It was claimed that a number of prisoners were beaten again during transfer to the prison infirmary and that at least two prisoners, Nicola De Maria and Bruno Ghirardi, were also beaten the next morning. Nicola De Maria's lawyer visited the prison on 2 Reports of ill-treatment in prisons and February and, after interviewing some of police custody continued. Excessive delays the prisoners and re ceiving reports about were reported in the investigation and the physical condition of others, he sub­ judgment of a number of such allegations mitted a written complaint to the Novara made in previous years. Several trials Public Prosecutor's office. He estimated involving law-enforcement agents and that between 10 and 15 prisoners had suf­ prison guards accused of torture and ill­ fe red fractured bones during the distur­ treatment resulted in suspended prison bances, and that a similar number had sentences or amnesties. required treatment for head wounds. Judi­ A draft law on conscientious objection cial and administrative inquiries were to military service, replacing existing legis­ opened into the incidents but no results lation and pending final parliamentary had been published by the end of the year. approval since April 1989, had st ill not Several criminal prosecutions opened been introduced (see Amnesty In ternational in previous years in connection with the Report 1990). alleged torture and ill-treatment of prison­ International standards requiring trial ers were concluded, some after long delays. within a reasonable time had been In May, nearly five years after Salvatore brea hed in a number of cases during the Marino's death in a Palermo police station 1980s and, despite the introduction of a in August 1985, the verdicts were new code of penal procedure in October announced in the trial of 15 law-enforce­ 1989 (see Amnesty International Report ment agents charged with participating 1990), the criminal justice system conti'1.­ in involuntary homicide (sec Amnesty ued to be criticized for being slow and International Reports 1986 to 1990). A ITALY/JMliAICA

130 forensic report established that Salvatore inquiry appeared to have been opened into Marino had been forced to swallow large Francesco Badano's treatment in police quantities of salt water and had sustained custody. numerous injuries all over his body. The Administrative inquiries into allega­ court found 10 defendants guilty of the tions of ill-treatment, if opened, rarely lesser offence of manslaughter, and sen­ resulted in disciplinary proceedings tenced them to two years' suspended against those responsible, even when the imprisonment and a two-year suspended ill-treatment had been judicially proven. prohibition on holding state employment. There were claims that immigrants, par­ The charge against two other defendants ticularly those of North African origin, was reduced to "causing involuntary phys­ were frequently subjected to ill-treatment ical injury", qualifying them for an imme­ by law-enforcement agents but that they diate amnesty. The remammg three rarely made formal complaints because defendants were acquitted. The public · they fe ared police harassment, further ill­ prosecutor appealed against the verdicts. treatment or counter-charges of calumny. A number of judicial inquiries opened As a result it was difficult to assess the in previous years into allegations of ill­ number of such cases. treatment in police custody remained unre­ Amnesty International continued to solved (see Amnesty International Reports seek information from the government and 1987 to 1990). No progress was reported in other sources on the steps taken to inves­ an inquiry into the alleged ill-treatment of tigate allegations of ill-treatment. It expres­ at least 47 detainees in Mi lan in 1988 nor sed concern about the lack of progress in a in an investigation into around 30 such number of judicial and administrative cases opened in Naples in 1986. However, inquiries opened into such allegations in according to unconfirmed reports, criminal previous years. Amnesty lnternational proceedings brought against a carabinieri pressed the authorities to make further officer who shot and injured 15-year-old efforts to identify those responsible for Antonio Leone in a Naples police station Francesco Badano's treatment in police in July 1988 ended in an amnesty (sce custody. The organization also in vestigated Amnesty InternationalReport 1989). cases where charges of calumny were The judicial investigation into the case brought against detainees, apparently of three police officers accused of ill­ without full investigation of their original treating Francesco Badano in a Padua complaints. police station in May 1988 ended in April 1990 (see Amnesty International Report 1989). The police had stated that Francesco Badano's various injuries were attributable JAMAICA to a violent struggle at the time of arrest, but forensic reports concluded that injuries Nineteen people were known to have been to the soles of his feet could not have been sentenced to death for murder, at least one incuITed in this way. Francesco Badano of whom was under 18 at the time of the was transferred to Padua hospital the crime. Over 250 prisoners were under sen­ evening of his aITest to receive urgent treat­ tence of death at the end of the year. No ment for his injuries. An autopsy conclud­ executions were carried out; the last exe­ ed that the circumstances of his death in cutions took place in February 1988. The the maximum security wing the fo llowing Human Rights Committee adopted the morning were consistent with suicide. The view that there had been violations of the investigating magistrate considered it "rea­ International Covenant on Civil and Politi- . sonably proven" that Franceseo Badano cal Rights (ICCPR) in the case of a prisoner I had been physically ill-treated while in under sentence of death. Three prisoners polief' custody but stated that it had not died during a prison riot, allegedly as a been possible to collect sufficient evidence result of ill-treatment by prison officials. to prove that the accused officers were Jamaica's Minister of Justice told Parlia­ those responsible; they could not, there­ ment in June that consideration was being fore, be committed for trial. The magistrate given to commuting the death '>entences of also commented on the lack of cooperation certain categories of prisoners, but no deci­ shown by other police officers interviewed sion had been taken by the end of 1990. In about the case. However, no administrative November an opposition senator tabled a JAMAICA

motion calling on the government to rat­ number of prisoners on death row had cre­ 131 ify the Second Optional Protocol to the ated serious overcrowding. Tension had (CePR Aiming at the Abolition of the Death further increased among death row inmates Penalty. fo llowing a statement by the Minister of Adrian Campbell, sentenced to death National Security in early May, expressing for murder in February, was under 18 at his personal support for the resumption of the time the crime was committed; interna­ executions. The riot reportedly broke out tional standards and Jamaica's Constitution after prison warders stopped work to forbid sentencing minors to death. His co­ protest against low wages and poor work­ defendants, Barrington Clarke and Conrad ing conditions. As a result, they did not Henricks, were reportedly 18 at the time of open cells or provide morning meals for sentencing and therefore may also have inmates. Prisoners in the death row and been under 18 in June 1989 when the mur­ general population areas broke their cell der took place. All three remained on death locks and some of them set fire to unused row at the end of the year. materials in a store room. Warders report­ edly later ordered prisoners to leave their cells, made them strip, and beat them with batons and guns. Tear-gas was also used to subdue the prisoners. The riot lasted for about one hour. The results of the autopsy performed on c::>.... �. ': the three dead prisoners were not made · · · . public, but reports allegedly emanating from hospital workers said that Calvin Green and Paul Grey died as a result of haemorrhaging caused by blows to the head and other parts of the body. Warders In July the Human Rights Committee, reportedly tear-gassed Denny Wilson in his which supervises implementation of the cell. sprayed him with high pressure water, (CePR, held that Jamaica had violated its and then took him out of his cell and treaty obligations under the Covenant in beat him to death. Injured prisoners were the case of death row prisoner Carlton allegedly not given prompt medical atten­ Reid. It expressed the view that he was tion; Anthony Bernard had his jaw broken "entitled to a remedy entailing his release". as a result of being beaten by warders and The Committee fo und a violation of Article allegedly did not receive prompt medical 14(3)(b) because the court fa iled to grant care. Prisoners were denied visits for about defence counsel sufficient time to prepare one week after the disturbance. An investi­ his examination of witnesses, and a viol­ gation was reported to have been started by ation of Article 14(3)(d) because Carlton the Correction. Department and the Police Reid had been denied effective representa­ Department but there had been no public tion at the appeal proceedings. The Com­ report of their findings by the end of the mittee also concluded that Article 6 of the year. Covenant (the right to life) had been vio­ Five wardms charged with murder for lated since a death sentence had been the killing of a prisoner beaten to death at imposed after judicial proceedings which the Gun Court Reha bilitation Centre in July fell short of international standards. Carl­ 1988 (sce Amnesty International Reports ton Reid was still on death row [It the end 1989 and 1990) wnnt on trial in July; three of the year. wpm convictecl of manslaughter and sen­ Earl Pral! and Ivan Morgan remained on tenced to nine years in prison; two were death row despite the fa ct that in April released. 1989 th(! Human Rights Committee had Amnesty International expressed con­ expressed the view that their sent!'l1C(]S cern about the sentencing to death of should be commuted (see A11lne.�tv- in/emo- Adrian Campbcll in contra\'ention of inter­ tional Reports 1989 and 1990). national standards and Jamaican law, and Three death row inmates died during sought clnrification about the ages, at the attempts by police and soldiers to end dis­ time of the crime, of his two co-defendants. turbances at St Ca therine's Adult Correc­ Amnesty Intemational called for the imme­ tional Centre on 28 May. The increasing diate commutation of the death sentences. JAMAICNJAPAN

132 Amnesty International wrote to the Shinohara Shinichi. The courts stressed authorities in June about the death of the that the death penalty should be imposed three prisoners in the May prison riot, urg­ only when unavoidable. Shimogami Norio, ing a fu ll and impartial inquiry. It also who had been sentenced to death fo r mur­ expressed concern about the death of two der in 1975, was retried before the Nagoya prisoners at the General Penitentiary in High Court. In July the court acquitted him July 1989 and one at St Catherine's Adult after finding that there was no material Correctional Centre in September 1989; evidence to support his conviction for they reportedly died from injuries inflicted murder. by warders or members of the security In April Amnesty International sent a forces brought in to quell disturbances at memorandum to the government outlining the prisons (see Amnesty International its concerns about the use of the death Report 1990). Amnesty International reiter­ penalty and about detention procedures in ated its view that the uncertainty of the sit­ the light of claims by some detainees that uation of death row prisoners had led to they had been ill-treated during interro­ growing tension and had had an adverse gation. Amnesty International urged the effect on both warders and prisoners; it authorities to examine all allegations of ill­ urged the authorities to take steps towards treatment - including cases publicized by commuting all death sentences. No replies the Japan Federation of Bar Associations - had been received by the end of the year. and to identify and eventually amend regu­ lations and practices which could fac ilitate ill-treatment. Amnesty International urged the government to consider strengthening JAPAN certain safeguards against ill-treatment, including prisoners' right of access to lawyers and the complaints procedure. It also urged it to review the policy of allow­ ing prisoners to be detained in police hold­ ing cells instead of the normal detention centres administered by the Ministry of justice. The Secretary General of Amnesty International discussed the memorandum with justice Ministry officials during a visit to japan in May and June. In September the ministry sent its written comments to Amnesty International pointing out, among other matters, that some restrictions on lawyers' meetings with their clients had recently been lifted. In its memorandum Amnesty International also urged the com­ The Supreme Court upheld five death mutation of all death sentences and the sentences but there were no executions. abolition of the death penalty. Two prisoners had their death sentences In April Amnesty International wrote to commuted on appeal and one other pris­ the Minister of Justice and to the Tokyo oner, who had been under sentence of High Court about the case of Zhang Zhen­ death fo r 15 years, was acquitted after a hai , a Chinese national who had hijacked retrial. There was concern about the lack an aircraft to japan in what he said was an of safeguards to prevent the ill-treatment attempt to avoid arrest in China fo r his of detainees. political activities. His extradition was Some 90 prisoners convicted of murder requested by the Chinese authorities but WCfe believed to be under sentence of Amnesty International was concerned that death. The Supreme Court had confirmed if returned to China to fa ce charges in con­ 36 of these sentences. five of them in 1990. nection with the hijacking, he could face No executions took place. additional charges in connection with his In February the Fukuoka High Court involvement ill the pro-democracy protests commuted the death sentence on Hika in May and june 1989, fo r which some Masanao and in March the Tokyo High people had been summarily executed and Court commuted the death sentence on others allegedly tortured or ill-treated. It JAPAN/JORDAN

urged the Japanese authorities to respect In January and July new Martial Law 133 the internationally agreed principle of Directives greatly reduced the jurisdiction non-refoulement of individuals at risk of of the Martial Law Court with a view to its human rights violations. Zhang Zhenhai abolition. However. the court continued to was extradited to China at the cnd of April have jurisdiction over offences relating to after the Chinese authorities had given membership of illegal associations. for guarantees to their Japanese counterparts which almost all political prisoners have that he would not be charged with a capital been charged and sentenced. Martial law. offence or for his political activities. He declared in 1967 and officially "frozen" was sentenced in July 1990 to eight years' since December 1989. wa still in force at imprisonment for hijacking. the cnd of 1990. In January the government also pro­ posed the repeal of the 1953 Law of Resis­ tance to Communism, which has been used JORDAN to imprison prisoners of conscience. The proposal was still being discussed by Par­ liament at the end of 1990. Dozens of real or suspected opponents of the government were arrested during the year and detained incommunicado under state of emergency legislation by the Gener­ al Intelligence Department (cm) and other security agencies. Many were released within a short time of their arrest and included possible prisoners of conscience. Among them were known or suspected members of the Islamic Hizb al-Tahrir ft al­ Urdun. Liberation Party in Jordan (LP)). such as Sheikh Taher 'Abd al-Hamid al­ Taher. a religious leader aged over 70. He was held incommunicado by the CID for Dozens of real or suspected opponents of almost three weeks in November appar­ the government. including possible prison­ ently after he had spoken against the politi­ ers of conscience, were held in administra­ cal system during a Friday sermon. Also tive detention without charge, trial or detained was 'Abd al-Hamid al-Khalayfah. judicial review. At least 26 were sentenced who was arrested in June apparently after to prison terms by the Martial Law Court, he had publicly criticized the security whose procedures did not satisfy interna­ forces' handling of riots in May. The riots tional standards of fair trial. Thirty-six were in protest at killings of Palestinians in political prisoners sentenced by this court the Israeli Occupied Territories. In August in previous years were released, but some Samir Abu Hilalah was detained for six 30 others remained in prison. There days by the Preventive Security, a wing of were reports of torture or ill-treatment the security fo rces. apparently for his of detainees. At least fo ur people were peaceful political activities; he had orga­ executed. nized a debate on political issues in Ma'an. The government undertook a major At least 26 people. including possible review of existing state of emergency and prisoners of conscience, were sentenced to other legislation relevant to human rights. prison terms by the Martial Law Court. A new draft Defence Law which. if adopt­ Bakr 'Abd al-Latif al-Khatib. who was arres­ ed. would replace the 1935 Defence Law, ted in March 1988. was sentenced early in was presented to Parliament in June. The 1990 to four years' imprisonment on draft proposed that administrative deten­ charges of membership of an illegal associ­ tion orders be reviewable every 30 days by ation. the Popular Front for the Liberation the High Court of Justice but retained pro­ of Palestine (PFLP). but he was pardoned visions for the indefinite administrative and released in June. Twenty-five others detention of security suspects and lacked were reportedly sentenced to six-month other legal safeguards. The draft was still prison terms after being tried by the Mar­ under discussion at the end of the year. tial Law Court in connection with the May JORDAN

134 riots. As in previous y ars, the Martial Law ment. Mu'taz Hamdan, who was serving a Court was not bound by the normal rules of life sentence imposed by the Martial Law judicial procedure and defendants were Court, was reported to have been shackled denied any right of appeal to a higher tri­ by his hands and feet to a hospital bed bunal, contrary to international fa ir trial while terminally ill with leukaemia. He standards. died in May. Sufyan al-Shamasnah was Thirty-six alleged members of illegal also reported to have been shackled to his organizations who had been sentenced to hospital bed while critically ill prior to his prison terms by the Martial Law Court in death in August. He reportedly did not previous years were released, 27 of them r ceive prompt medical attention after suf­ after an amnesty was declared in February. fe ring a bur t appendix while in police They included Kamal Khalil and Hasan custody. Those detaining him apparently Shahin, both alleged members of the PFLP thought he was fa king an illness. arrested in 1988, and fo ur alleged members At least four people were executed after of the LP), including Muhammad Khattab, being convicted of murder. Two others who had been arrested in 1989. They were were also convicted of murder and sen­ serving sentences of up to four years' tenced to death, but they were not known imprisonment and may have been prison­ to have been executed by the end of the ers of conscience. Seven other prisoners year. Those under sentence of death serving sentences of up to life imprison­ included two prisoners convicted by the ment for violent political offences were Martial Law Court fo r a bomb attack in pardoned and released in November. Also 1982. freed were Munir 'Akrush, who was Amnesty International welcomed the released in January shortly after starting a human rights initiatives taken by the four-year sentence imposed under the Law Jordanian Government during the year, of Resistance to Communism, and Brik al­ specifically the review of emergency legis­ Hadid, who was freed in September under lation and the releases of prisoners, and a royal pardon. He had been arrested in urged that further initiatives be taken. It 1978 and sentenced to death for his alleged called for a full judicial review of the cases involvement in a plot to assassinate King of political prisoners convicted by the Mar­ Hussein bin Talal. tial Law Court and for the adoption of Some 30 people sentenced after unfair internationally recognized safeguards relat­ trials by the Martial Law Court in previous ing to administrative detention, fair trial years were still in prison at the end of the and torture and ill-treatment. It also urged year. Most were serving life sentences the ratification of international human imposed for violent political offences. rights standards and appealed for the com­ There were new reports of torture or ill­ mutation of all death sentences. treatment of detainees. The alleged victims In March an Amnesty International included people arrested during the May delegation discussed extensively the organ­ riots, including 10 Palestinians who were ization's concerns and the Jordanian Gov­ said to have been beaten while in police ernment's proposals for reform with Prime custody and at Qafqafa Prison. In another Minister Mudar Badran and other cabinet case, Jihad Abu Falah was allegedly sub­ and government officials in Amman. The jected to faJaqa (beatings on the soles of the delegation also met members of parliament feet) and cigarette burns while in police and local professional associations, and custody between May and June. Four men visited the CID interrogation centre and the arrested apparently after a personal con­ Swaqa Rehabilitation Centre, Jordan's frontation with security officers were largest prison. CID and prison officials allegedly burned with cigarettes and beaten denied that torture had taken place in the in May while held fo r a few days by the cases raised by Amnesty International. Jor­ Military Intelligence Department. In most danian authorities also stated that they cases torture is said to have occurred while would not detain political activists, even if detainees were held incommunicado and they were members of illegal organizations, after lawyers' requests for visits had been unless they had been involved in violence refused. or constituted "a clear danger to the secur­ There were concerns that two prisoners ity of the citizens and the state". who died in custody might have been sub­ In June Amnesty International pub­ jected to cruel, inhuman or degrading treat- lished a report, Jordan: Human Rights JORDAN/KENYA

Protection After the State of Emergency. In February For ign Minister Robert 135 This detailed the organization's outstand­ Ouko was abducted, tortured and mur­ ing concerns, the outcome of its discus­ dered by unknown people, who then sions with the government in Amman, and burned his body. British police were recommendations for further safeguards to brought in to help investigate amid sugges­ protect human rights. tions that there might have been govern­ ment involvement in his death. Their findings were not made public. A judicial commission of inquiry into the case was KENYA established in October and was still taking evidence at the end of the year. A government minister resigned after the death of Anglican Bishop Alexander Muge in a car crash in August. The minis­ ter had made a public death threat against the bishop. who was an outspoken govern­ ment critic. In June over 50 people were arrested for selling or producing cassette tapes of popu­ lar songs criticizing the government. How­ ever. sedition charges against record producer Joe Mwangi Mathai and over 50 street vendors who were kept in custody for some weeks were later withdrawn. The main leaders of the multi-party movement. Kenneth Matiba and Charles Hundreds of people were arrested in con­ Rubia. both former government ministers. nection with a campaign for multi-party were arrested in July and detained under democracy. Most were released within a administrative detention orders. Four oth­ short time but three out of six prisoners of ers were also detained in July under the conscience detained without charge or same Public Security Regulations - Raila trial were still held at the end of the year, Odinga. son of former vice-president Ogin­ and at least six others were sentenced to ga Odinga, and three human rights lawyers. prison terms. Some 30 people were await­ including John Khaminwa. who was arres­ ing trial at the end of the year on charges ted when he sought access to Kenneth of treason, sedition or possessing prohibi­ Matiba. and Gitobu Imanyara. editor of the ted publications. Some political prisoners Nairobi Law Monthly. The lawyers were were reportedly tortured or ill-treated. At released after three weeks but the three least 40 people were sentenced to death others remained in indefinite detention but it was not known if there were any without charge or trial at the end of the executions. Hundreds of refugees and year. asylum-seekers were arrested and several Four former prisoners of conscience - were fo rcibly returned to Uganda. George Anyona, a former member of parlia­ There were frequent arrests. interroga­ ment. Edward Oyugi. a university profes­ tions and other harassment. including sor, Augustus Kathangu. a local politician, death threats. of government critics, partic­ and Ngotho Kariuki, an accountant and for­ ularly church leaders. lawyers and others mer academic - w re arrested in July and advocating a multi-party political system. charged with holding a "seditious meet­ The government's response to a strengthen­ ing". If convicted of this offence. they ing campaign for multi-party democracy in could receive 10-year prison sentences. July was to detain the leaders or charge Judges rejected their bail applications and them with sedition, and arrest demonstra­ ignored their complaints of torture and ill­ tors. The government insisted on retaining treatment. They had not been tried by the onc-party rul but proposed some reforms end of the year. to the ruling party - the Kenya African Over 1.500 people were arrested and National Union (KANU) - the electoral over 30 were shot dead by police at a system, and the security of tenure of banned demonstration in July and in I judges and the Attorney General. ubsequent disturbances. Most of those KENYA

136 arrested were eventually released but home of Mirugi Kariuki. another lawyer. several were charged with public order Police alleged that Koigi wa Wamwere had offences. such as making a two-finger entered Kenya clandestinely to plan a vio­ V-sign meaning "two parties" and shout­ lent campaign to destabilize the govern­ ing political slogans. At least two ment. Rumba Kinuthia and Mirugi Kariuki demonstrat{)fs received six-month prison had been arrested the day before Koigi wa terms. Wamwere. but at that time police had not At the end of the year over 20 people. r ported finding any weapons. At the cnd some of whom had been released on bail. of 1990. the thr e were awaiting trial on were awaiting trial on charges of possess­ treason charges together with five other ing seditious or prohibited publications people. including relatives of Koigi wa which w re mostly non-violent. Some were Wamw re and Rumba Kinuthia. Charges of held in connection with leaflets produced misprision (cone alment) of treason against by the clandestine opposition organization two women related to Rumba Kinuthia Mwakenya (Muuangano wa Wazalendo wa were withdrawn and they were released Kukomboa kenya. Union of Patriots for the after two months in custody. Liberation of Kenya). which called for tbe Some political detainees were report­ violent overthrow of the government. edly tortured or ill-treated in security Gitobu Imanyara. editor of the Nairobi police custody. At remand hearings Gwrge Law Monthly. which had published articles Anyona alleged that he and his three co­ on human rights. the death penalty and accused had been put in cells flooded with multi-party democracy. was charged with water and that their treatment in Kamiti publishing a seditious publication. A sub­ prison was "inhuman and cruel". Allega­ sequent ban on the journal was temporarily tions of torture and ill-treatment were also suspended by a court order. made by Koigi wa Wamwere and the others At the beginning of the year 26 people. charged with him. including at least four prisoners of con­ At least 40 people were senten ,ed to science. were serving prison sentences of death after being convicted of robbery with up to seven years which had been imposed violence or murder. The government did after unfair political trials between 1986 not disclose thu number of prisoners on and 1989. Ten of the 26 prisoners re eived death row but it was believed to exceed one-third remissions of sentence and were 200, It was not known if any prisoners released during the year. At least five oth­ were executed or had their death sentence er had their entences reduced on appeal. commuted during 1990. ix people were sentenced to prison In October and November hundreds of terms fo llowing political trials in 1990. In refugees and asylum-seekers were arrested March the Reverend Lawford Imunde. a after President Daniel arap Moi announced Presbyterian minister. was jailed fo r that refugees and illegal aliens wore to six year fo r poss sing a "seditious publi­ be expelled, Despite interventions by the cation" - his private and unpublished Officeof the United Nations High Commis­ diary. which contained some criticism of sioner fo r Refugees. at least five recognized the government. He applied to the High refugees were forcibly returned to Uganda. Court to declare the conviction unconstitu­ Amnesty International appealed for the tional on the grounds of violations of his release of prisoners of consdence. both fu ndamental rights. saying that he had only those held without charge and those facing pleaded guilty because he had been tor­ sedition or other charges, It also interven d tured during incommunicado detention on behalf of detainees in security police and given fa lse promises of a non-custodial custody in an effort to protect them from s nt nce. The court dismissed the case. torture or ill-tr atrnent. illegal detention or Koigi wa Wamwere. a former member of unfair trial. Amnesty International callHct parliament and exiled leader of the Kenya fo r independent investigations into all tor­ Patriotic Front. an opposition organization ture allegations and criticized the courts for which he founded while living in exile. fa iling to act on prisoners' complaints of was arrested on 9 October in Nairobi. The torture and harsh treatment. The organiz­ police said he was captured at the home ation also appealed for the commutation of of Rumba Kinuthia. a lawyer and pro­ all death sentences. In October Amnesty democracy activist. and that arms and International requested information from ammunition were found there and at the the Attorney General about the disputed KENYA/KOREA (DEMOCRATIC PEOPLE'S REPUBLIC OF)/KOREA (REPUBLIC OF)

circumstances of Koigi wa Wamwere's have been arrested in 1988 (see Amnesty 137 arrest and indicated its wish to send an International Report 1989). remained observer to his trial, but without response. unclear. Likewise, it was not possible to In November Amnesty International confirm other reports that tens of thou­ published a report, Kenya: SilenCing Oppo­ sands of people might be held for political sition 10 One-Party Rule. reasons at corrective camps throughout the country (see Amnesty International Report 1990). There was concern that a number of stu­ KOREA dents who were recalled from their studies (DEMOCRATIC PEOPLE'S REPUBLIC OF) in Eastern Europe at the cnd of 1989 might have been detained on suspicion of criti­ cizing their government while abroad, but this could not be confirmed. On several occasions, however, the ruling Korean Workers' Party called on its members to intensify ideological indoctrination in the advantages of socialism over capitalism, apparently as a reaction to political changes in Eastern Europe, and some sources suggested that returning students were made to attend ideological "re­ education" sessions. Amnesty International welcomed the release of Isamu Beniko and Kuriura Yoshio and sought information from the government about others reportedly detained. but without response. Amnesty Two Japanese nationals who may have International also wrote to the government been prisoners of conscience were about its wish to visit the Democratic released after seven years in detention. People's Republic of Korea to discuss It was impossible to confirm reports that human rights with government officials but there were thousands of political prisoners received no reply. owing to the difficulty of obtaining inform­ ation about human rights. All news media were controlled by the state and those available to fo reigners did not report any KOREA political arrests, trials or executions. (REPUBLIC OF) Two Japanese seafarers, Beniko Isamu and Kuriura Yoshio, were released in Octo Around 150 people were believed to be ber as a result of an agreement between the prisoners of conscience or possible prison­ Korean Workers' Party and Japan's Liberal ers of conscience. Thirty prisoners, includ­ Democratic Party and the Japan Socialist ing several prisoners of conscience held Party. Both men had been held since 1983. for over 15 years, were released in accused of spying and helping a North amnesties. Several prisoners convicted of Korean soldier defect to Japan aboard their national security offences complained that ship. Both denied the accusations. On their they were ill-treated during interrogation. return to Japan, Beniko Isamu told Fourteen people convicted of criminal reporters that they had neither b 'en fo r­ offences were executed. double the num­ mally charged nor tried. although the ber of executions in 1989. authorities had previously annowlced that The National Security Law continued to they had been tried and sentenced to 15 prohibit contacts with North Korea and years of "reformation through labour" in activities beneficial to anti state organiz­ December 1987 (see Amnesty intprnalional ations and North Korea. However. the Report 1989). South-North Exchange and Cooper ation The situation of others reportodly Law came into force in August. Under this detained in previous years. including about law, the South Korean ,overnment can 40 university staff and students said to authorize its citizens to visit North Korea. KOREA (REPUBLIC OF)

138 to invite North Koreans to the south and to producing and distributing materials trade and engage in joint ventures with benefiting North Korea. them. Unauthorized contacts with North At least 25 writers and publishers and Koreans continued to result in arrests. a number of students were among those The Constitutional Court made two rul­ tried under the National Security Law for ings related to basic freedoms. In January it disseminating written or other material upheld the constitutionality of Article 13 said to benefit North Korea. Most received (2) of the Labour Dispute Mediation Act suspended sentences of up to two years' under which third parties - people not imprisonment. Oh Pong-ok was arrested in directly connected with the workplace - February after writing a poem, Red Moun­ have been imprisoned for intervening in tain, Black Blood, which the authorities labour disputes. In April the court ruled said praised the role played by North Kor­ that paragraphs (1) and (5) of Article 7 of ean leader Kim ll-sung during the Japanese the National Security Law - which prohibit occupation. Oh Pong-ok was released in activities and publications praising anti­ May with a two-year suspended sentence. state organizations - were constitutional Another prisoner of conscience, Kim Song­ but open to political abuse. Arrests under kyu, was released in April. The President these provisions continued. of the student council of Dongguk Univer­ sity, he had been arrested in December 1989 for organizing a student performance of a North Korean revolutionary play. Over 140 prisoners convicted of espion­ age continued to serve sentences ranging from five years to life imprisonment. Some had been held since the 1950s but most of (j" those arrested since 1971 had been con­ victed of visiting North Korea or contacting North Korean agents abroad, notably in I� Japan. Under the National Security Law, information useful to North Korea, even if . .. . � . it is freely available, is considered a state '/?ft..'_ . ��... . secret. Many prisoners serving sentences ' for espionage were believed to have c:::::::::"..-..-tiI" received unfair trials and to have been In April the government acceded to the forced to confess under torture in pre-trial International Covenant on Civil and Pol­ detention. They included prisoners of con­ itical Rights (ICl-PR) and its first Optional science such as Park Ki-rae, detained since Protocol. It made reservations on four pro­ 1974, who served eight years under sen· visions of the I(ePR, including the right of tence of death before his sentence was government employees to organize trade commuted to life imprisonment. Like oth­ unions. In October the government acceded ers, he was denied an early release because to the Intcrnational Covenant on Economic, he refused to write a statement of conver­ Sociul and Cultural Rights. sion to "anti-communism". Over 1,500 people were imprisoned for Unauthorized contact with North Korea politically motivated activities. More than continued to be punished by imprison­ half of thcm WHrc students and workers ment. Dissident artist Hong Song-dam was churged with taking part in illegal demon­ sentenced to seven years' imprisonment in strations or committing violent acts. January on charges including sending pho­ According to a government report to tho tographic sliclns of his painting, A Iiistory National Assembly, thn number of arrosts of the Notional Uberation Movement, to und�r thc National Security Law increased North Korea where they wore fHproduced and 759 people were officially roported to for exhibition. He was a prisoner of COIl­ have U!!ell charged under this law in the science. In September the Supreme Court 12 months prior to September 1990. About upheld sentences of 18 months' imprison­ 250 of them wero charged with sympathiz­ ment imposed on fo ur members of Minja­ ing with, or espionage fo r, North Korea; tong. the Central Coundl for National most of the others were charged with Poac ful Reunificat ion. They were arrested establishing "anti-state" organizations and in JWle 1989 because Minjatong espoused KOREA (REPUBLIC OF)

certain views on reunification which were A fo rmer marine officer was sentenced 139 similar to those of the North Korean to two years' imprisonment for torturing a authorities. They too were prisoners of marine in military custody in 1983. Com­ consci nce. In November three members of pensation was awarded to the relatives of the dissident organization Chonminnyon, two people who died, in 1986 and 1989, as the National Coalition for a Democratic a result of police ill-treatment. Movement, were arrested for part icipating Some 100 prisoners alleged that they in an unauthorized meeting in BerUn were beaten and tied in painful positions with North Koreans. for several hours at a time as a punishment Accusations under the National Secur­ for taking part in a prison protest in August ity Law of organizing or participating in in Seoul Detention Centre. The authorities anti-state organizations were brought denied the reports, but the prisoners and against members of alleged underground their families reportedly filed a complaint revolutionary socialist or communist with the courts. groups, composed mostly of students, Fourteen people who had been con­ former students and workers. Around 200 victed of rape, robbery or murder were people were believed to have been arrested executed, and two prisoners had their on such charges in the second half of the death sentences commuted. Kim Hyun-hui, year in connection with groups called a North Korean sentenced to death in April Hyukromeng, the Alliance for the Struggle 1989 for planting a bomb which blew up a of the Revolutionary Working Class, Korean Airlines aircraft, was released Sanomaeng, th Socialist Workers League, under a special amnesty granted by Presi­ Chamintong, Independent National Unifi­ dent Roh Tae-woo in April. Suh Sun-taek, cation Group, and Chonminhangnyon, the sentenced to death in July for spying for Democratic Students League. The author­ North Korea, had his sentence commuted ities accused them of planning to over­ by the Seoul Appeal Court in November. throw the government by fo rce and replace Amnesty International welcomed the it with a socialist government. releases of prisoners of conscience and Thirty prisoners who had been con­ appealed for those still held to be freed. victed on national security charges were The organization called for the cases of released in presidential amnesties in prisoners convicted of espionage to be February and May, and it was confirmed reviewed to establish whether they had that 27 oth r had been freed in December received fair trials. Amnesty International 1989. Those released included Suh Song, a urged the authorities to amend the Nat­ prisoner of conscience held since 1971, ional Security Law, to enforce safeguards and three other prisoners of conscience - against torture and ill-treatment of prison­ Chin Tu-hyon, Choi Chol-kyo and Paek ers and to abolish the death penalty. In Jan­ Ok-kwang - held since 1974 and 1975. uary it published two reports: South Korea: Another prisoner of conscience, the Return to Repressive Force and Torture? Reverend Moon Ik-hwan, was released in and South Korea: Long-term Political Pris­ October on health grounds after serving oners. The government responded to these one year of his seven-year sentence for an reports and other Amnesty International unauthorized visit to North Korea. documents and appeals by reiterating its Several prisoners complained of beat­ commitment to human rights and referring ings and sleep deprivation during inte rro­ to recent prisoner releases and legal gation, principally prisoners who were reforms in 1989. The government said that arrested late in the year on suspicion of they were not holding any prisoners of belonging to "anti-state" organizations. conscience, arguing that those arrested had Criminal suspects also alleged that they "threatened the rule of law and national were beat n, particularly some who were survival" and were "radical anti-state arrested after the government declared a fo rces intent on overthrowing our free "war on crime" in October. In December democratic system". The government also the Ministry of Justice told the National denied that prisoners had been tortured or Assembly that 53 lawsuits alleging torture refused access to their lawyers or relatives. and assault had been filed against 115 In October an Amnesty International police officers during the 12 months prior delegation visited South Korea and dis­ to October 1990. Most such lawsuits were cussed human rights concerns with Min­ believed to have been unsuccessful. istry of Justice officials. KUWAIT

140 although none was formally charged or brought to trial. 'Abd al-Rida Karoun, an KUWAIT untried political detainee held since November 1989, was also released in March. Thirteen other people, prominent advo­ cates of parliamentary democracy, were arrested in May following months of protests and demonstrations supporting the restoration of parliamentary democracy. They included former members of parlia­ ment Ahmad al-Khatib, Ahmad al-Nafisi and Jassem al-Qatami. Eleven of them were charged with holding illegal meetings, and the other two with distributing leaflets without a licence. They were all released on bail after four days, and the Amir par­ doned them in June. Four Shi'a Muslims who had been Human rights violations were perpetrated arrested in September and November 1989 on a massive scale by Iraqi forces follow­ in connection with bomb attacks in Mecca, ing their invasion of Kuwait on 2 August. Saudi Arabia, were tried by the State Hundreds, possibly thousands, of Kuwaitis Security Court in May and June (see and other nationals were arbitrarily arres­ Amnesty International Report 1990). The ted and detained or restricted. Torture four, Sayyid Muhammad B�qir al-Musawi, was widespread, resulting in a number of Faisal a1-Mahmid, Walid al-Mazidi and deaths, and hundreds of people reportedly 'Abd al-IIamid aI-Saffar, faced 10 charges, "disappeared" in detention. The death including membership of a prohibited penalty was introduced fo r new offences organization aiming to overthrow the gov­ and scores of summary executions and ernment, inciting sedition and illegal pos­ extrajudicial killings were carried out by session of weapons. Their trial was held in Iraqi forces (see Iraq/Occupied Kuwait). camera. All four defendants, who alleged Earlier in the year, the Kuwait Govern­ in court that they had been tortured in pre­ ment carried out political arrests. At least trial detention, were acquitted and released 26 suspected opponents of the government in June. were detained without charge or trial for Twenty-nine Shi'a Muslim political up to three weeks. Some may have been prisoners, including possible prisoners of prisoners of conscience. Four political conscience, were still serving prison sen­ prisoners who were brought to trial before tences ranging from three to 15 years at the the State Security Court were actJuiHed. beginning of 1990. All had been convicted They and some of the untried detainees by the State Security Court after trials said they had been tortured. Twenty-nine which fa iled to satisfy international fair other political prisoners sentenced after trial standards. Seven had been convicted unfair trials in recent years were believed between 1985 and 1987 on charges includ­ to have escaped afterthe Iraqi invasion. ing the distribution of leaflets inciting viol­ Thirteen suspected opponents of the ence. The other 22 were tried in 1989 on government of the Amir of Kuwait, all charges including membership of banned Shi'a Muslims, were arrested in February organizations and publicly defaming the and detained without charge or trial at Amir of Kuwait. All remained in Kuwait Amn al-Dawla Prison in Kuwait City, Central Prison until 3 August, when they where some were reportedly tortured or ill­ were believed to be among an estimated 60 tr ated. Some of those held, who included political prisoners who escaped from the Hassan Habib al-Salman, a municipal prison fo llowing the Iraqi invasion. councillor, Saleh Jawhar Hayat, imam of Political detainees who had been held the Imam al-Hus ain Mosque in Kuwait, at Amn al-Dawla Prison alleged that they and Faisal al-Saffar, a university student. had been tortured. Some of those r leased had previously been detained in 1989. in March said they had been kicked and All 13 were released on bail in March, beaten, subjected to Ja /aqa (beating on the KUWAIT/lAOS

soles of the feet), deprived of sleep and trials held in Savannakhet province were 141 threatened with sexual assault. The fOllr based on "guidance" from non-judicial defendants acquitted by the State Security authorities. Court in June also alleged that they had The ruling Lao People's Revolutionary been tortured to force them to make confes­ Party (LPRP) reiterated its opposition to a sions. One of them, Sayyid Muhammad multi-party system in Laos amid signs that Baqir al-Musawi, said he had been given some officials and intellectuals were criti­ electric shocks after water was poured over cal of its policies. In April the LPRP Political his body, and was forced to keep his arms Bureau approved a draft constitution raised for long periods during the five describing Laos as "a popular democratic months in which he was held incom­ state under the leadership of the LPRP". The municado. draft, published in June, failed to incor­ Amnesty International expressed con­ porate specific guarantees relating to free­ cern to the authorities about the arrests of dom of conscience and expression, and suspected opponents of the government against torture. It also failed to safeguard and the alleged torture of political the right to life. The new constitution was detainees. In March the government scheduled to be adopted by the legislative replied that "the offenders were given the Supreme People's Assembly during 1991. opportunity to defend themselves without On 8 October the authorities detained at pressure or torture". In May an Amnesty least three people suspected of involve­ International delegation visited Kuwait and ment in an unofficial "Social Democrat discussed the organization's concerns with Club". They were Thongsouk Saisangkhi, government officials and members of the who reportedly called for "a multi-party judiciary. The delegation also attended two system" when he resigned as Deputy Min­ in camera sessions of the trial of ister of Science and Technology on 26 four defendants before the State Security August; Latsami Khamphoui, another for­ Court. mer deputy minister who had reportedly circulated letters criticizing government policy; and Feng Sakchittaphong, a former senior official in the Ministry of Justice. In LAOS early November the authorities announced that the thr e detainees would be charged with treason under Article 51 of the Crimi­ nal Law, which carries a possible death penalty, but they were not known to have been brought to trial by the end of the year. They appeared to be prisoners of conscience detained solely for their non­ violent advocacy of mUlti-party democracy. At least 33 people held without charge or trial since 1975, including five prisoners of conscience, remained under restriction in a camp near the village of Sop Pan in the northeastern province of Houa Phanh (see Amnesty InternationalReport 1990). Poor housing conditions in Sop Pan deteriorated in March after a rainstorm destroyed some of the camp's dwellings. Three people arrested in October and later The inmates, mostly elderly men, had little charged with treason appeared to be pris­ access to medicine and medical treatment. oners of conscience. At least 33 other sus­ Sop Pan's chief medical officer, Tiao pected opponents of the government held Sisoumang Sisaleumsak, himself a 72-year­ since 1975, including five prisonersof con­ old prisoner of conscience, resigned his science, remained under restriction with­ post in July owing to poor health. A mem­ out charge or trial. No information became ber of parliament and minister in the pre- available on the fa te of over 200 people 1975 government, he had been held with­ detained since 1975. The official media oul charge or trial since November 1975. ... :g indicated that judgments in political There was no further information on the ... LAOS/LEBANON

142 fate of the 12 Lao whose arrests on political mental control, together with violent grounds were officially reported in 1989, or conflicts between governmental and non­ about 185 people previously reported to governmental forces, made it particularly be held in Attapcu province for "re­ difficult to obtain accurate information education". about human rights violations. However, [n June the president of the Savan­ all sides were believed to have carried out nakhet provincial People's Court told the abuses. official newspaper Pasason that of 446 cases tried by the court in 1989, "79 were political". He added that the court had jurisdiction over all cases except "difficult or political cases" which were referred for "guidance" to the Party Committee and the local government. No other reports relating to political trials were received. The Criminal Law adopted in November 1989 was implemented. It maintained the death penalty for a wide range of criminal and political offences. No death sentences were reported during the year. In October Amnesty International wrote to Prime Minister Kaysone Phomvihan and to members of the Constitution Drafting Committee to urge that the draft constitu­ General Michel 'Aoun, appointed as tion be amended to include comprehensive interim prime minister in September 1988 safeguards for human rights in line with by the then outgoing president Amin international standards. Amnesty Interna­ Gemayel, continued to challenge the legiti­ tional recommended that the right to macy of President Elias Hrawi's govern­ life should b recognized and the death ment. In October, however, General penalty abolished, that torture should be 'Aoun's predominantly Christian militia specifically prohibited, and that the free­ were driven from their East Beirut base by doms of thought and association should be Syrian forces and Lebanese Army units. fu lly protected. Amnesty International also The "Green Line" dividing East and West repeated its request to visit Laos to discuss Beirut was then dismantled, and various its concerns there. armed militia forces reportedly withdrew In November the organization expressed from the city. concern about the arrest of Thongsouk Syrian military forces maintained con­ Saisangkhi, Latsami Kharnphoui and Feng trol of northern Lebanon, the Beka' Valley, Sakchittaphong, and urged that they be southern and West Beirut, and the coastal immediately and unconditionally released region towards Sidon. In October they if detained for their non-violent political extended their control to East Beirut and activities and beliefs. surrounding areas previously held by Gen­ eral 'Aoun 's forces. Israeli military forces maintained control of the so-called "secur­ ity zone" along the Lebanese/Israeli border. LEBANON Parts of the country remained under the control of four armed militias - the Hundreds of people were arbitrarily Lebanese Forces (1.1'), a Christian militia; arrested by government forces and armed the mainly Shi'a Muslim Amal Movement; militias. Some may have been prisoners of the predominantly Druze Progressive conscience, but fe w details were available. Socialist Party (psp), and the South A few were released in prisoner ex­ Lebanon Army (SLI\), a Christian militia changes, but the fa te of most of them was which controlled a strip of territory in the not known. Among those arrested were south bordering on Israel. These groups all scores of people who reportedly exercised effective control over particular "disappeared" or were tortured. Others areas and their populations, and thus had were extrajudicially executed. the means and responsibility to respect A continuing lack of central govern- human rights. Other no n-governmental LEBANON

groups also committed human rights Amal announced that it had arrested a self­ 143 abuses but lacked such extensive or effec­ confessed participant in the kidnapping of tive territorial control. They included a us citizen, Colonel William Higgins, in Hizbullah (Party of God), Islamic Jihad and 1988, and that he would stand trial. How­ various Palestinian factions. ever, it was not known whether the trial Government forces and armed militias had taken place. arrested both combatants and civilians. Former detainees at Khiam alleged that Among tho e arrested by Syrian military they had been tortured in SLA custody, forces and Syrian-sponsored militias were including with beatings and electric an estimated 200 Christian supporters of shocks. Muhammad Hussain Balhus, General 'Aoun. Most were military person­ released in November 1989 after five years' nel arrested in October in East Beirut and detention without trial, reportedly suffered its suburbs: 24 were later released but oth­ neurological and urological disorders as a ers reportedly remained in prisons in Syria result of his torture. Murtada Amin, a doc­ and at 'Anjar detention centre in the Beka' tor released in June 1988 after 28 months' Valley (see Syria). detention, said he was beaten and hung Hundreds of people, including civil­ upside-down during interrogation. ians, were reportedly taken prisoner during Both the LF and the SLA were reported to armed clashes between the LF militia and have executed prisoners. The LF was said General 'Aoun's forces between January to have executed 16 of its militiamen in and July. The LF was said to have captured February, allegedly for refusing to fight some 600 p ople, mainly combatants, from against General 'Aoun's forces. In the same Genoral 'AOlm's forces, of whom 89 were month 13 Sunni Muslim detainees held by released in July and October. The fate of the Lt were also reportedly executed. In the others remained unknown. In May and March the SLA reportedly executed one of June, 189 LF detainees held by General its members who had been accused of plot­ 'Aoun's forces were released. A further 300 ting to assassinate an SLA officer. LF detainees held in East Beirut were Syrian government forces and Syrian­ reportedly released in October after Gener­ sponsored groups reportedly carriod out al 'Aoun's forces were ousted by Syrian scores of extrajudicial executions following forces and Lebanese Army units. At the the ousting of General 'Aoun's forces from same time, Syrian forces reportodly freed East Beirut in mid-October. The victims 23 Syrians and seven Lebanese nationals included both military personnel and civil­ who had been held in Roumieh Prison in ians (see Syria). Many others were also East Beirut. deliberately killed, apparently for political The SLA continued to detain without reasons. outside the immediate context charge or trial an estimated 300 prisoners, of armed conflict, but there was insuffic­ including youths, women and old men, ient information to attribute responsibility in Khiam detention centre in southern for these and other apparent extrajudicial Lebanon. The majority of them were Shi'a executions. Muslims from villages inside the Israeli Amnesty International sought inform­ "security zone". Some had b en held for ation about those detained by the contend­ up to fiveyears. Among those detained was ing forces in Lebanon. In October it urged Salrna Salam, an interpreter for the United President Hrawi's Government to establish Nations' Norwegian battalion in southern an impartial inquiry into alleged extrajudi­ Lebanon, who was arrested in July 1989. cial killings of General 'Aoun's supporters The reason for her detention was not by Syrian troops. The organization also disclosed. urged the government to ensure the physi­ The SLA released 73 detainees held in cal safety of all those held by Lebanese and Khiam, including 40 who were freed on 1 Syrian government forces, and to ensure October. Some had been held without that detainees were either given a fa ir and charge or trial for two years. prompt trial, or released. The Lebanese The fa te and whereabouts of an estima­ authorities responded in November: they ted 625 detainees reportedly arrested by strongly denied the aUeged extrajudicial Amal in previous years remained unknown executions, in particular that children had (see Amnesty International Report 1990). been extrajudicially executed, but expres­ Many of those held were said to be mem­ sed regret at the "possible loss of life" bers or supporters of Hizbullah. In August during "military action". LESOTHO

144 strike were arrested in August. They appeared to be prisoners of conscience but LESOTHO were released unchar ged after three days' detention. In January the Court of Appeal ruled that Johnny wa ka Maseko, a newspaper editor, had been unlawfully detained fo r

.' fo ur weeks prior to his deportation in December 1988 (sec Amnesty international Report 1989). Michael Sefali, a former government minister detained without charge or trial for eight days in March, brought a damages claim before the High Court alleging that he had been stripped naked and made to stand on crushed stones during police interrogation. The outcome of the case was not known. However, in another case the At least 11 people were briefly detained authorities conceded in May that a crimi­ without charge or trial for political rea· nal suspect had been tortured at Maseru sons: some appeared to be prisoners of Police Headquarters in July 1989 and conscience. There were new allegations of agreed to pay him damages. Lakia P. Pholo torture and the authorities admitted that a had been assaulted and made to jog bare­ criminal suspect had been tortured by fo ot on crushed stones while handcuffed police in 1989. One prisoner was executed. and with a blanket and tyre placed over his Three members of the ruling Military head. [le was also subjected to deliberately Council and one member of the Council of humiliating assaults. There was no indica­ Ministers were dismissed and detained in tion that those responsible for his torture February. Three of them were released had been identified and brought to justice. uncharged within a few weeks but Colonel An inquest into the 1986 killings of gov­ Sekhobe Letsie was charged with the mur­ ernment ministers Desmond Sixishe and der of two government ministers and their Vincent Makhele and their wives resumed wives in 1986 (see Amnesty International briefly in January but was postponed Report 1989). indefinitely when murder charges were In March King Moshoeshoe II was brought against Colonel Sekhobe Letsie forced into exile by the Military Council. and a former army sergeant. Their trial con­ The Chairman of the Military Council, cluded in December but no judgment had Major General Metsing Lekhanya, assumed been given by the end of 1990. During the the king's executive and legislative powers trial a statement made by one of the defen­ and on 6 November King Moshoeshoe was dants in pre-trial custody was ruled inad­ formally deposed in favour of his eldest missible after he alleged that it had been son who became King Letsie 1II, with pure­ obtained by torture. ly ceremonial powers. One prisoner convicted of murder was In June a constituent assembly was executed in September. At least one other inaugurated to prepare for a return to civil­ convicted prisoner remained under sen­ ian government in 1992, but all party polit­ tence of death. ical activity remained banned under a 1986 Amnesty International welcomed the decree. Teachers, students and workers authorities' decision to prosecute those involved in a wave of strikes and demon­ allegedly responsible for the 1986 killings. strations during the second half of the year which appeared to have been extrajudicial were subjected to tear-gas, and whipped executions. and the releases of teachers and shot at by the police. At least two and others detained without charge or trial. youths were shot dead by the police during these incidents. In December the police raided the office of a human rights organiz­ ation in the capital, Maseru, seized docu­ ments and interrogated staff. Five leaders of a nationwide teachers' LIBERIA

force became engaged in fighting the NPFL, 145 which surrounded Monrovia and opposed LIBERIA intervention from abroad. President Doe was captured and brutally killed by the forces of Prince Johnson in September. At a meeting of ECOWAS heads of state in November, the NI'FL agreed to a cease-fire. However, the NPFL refused to recognize an interim civilian government led by Or Amos Sawyer, which had been installed in Monrovia by the ECOWAS force, saying that it had already established its own govern­ ment in Gbarnga, Bong County. Thousands of people were killed, tor­ tured or brutally ill-treated both by Presi­ dent Doe's fo rces and by those opposed to them, and these abuses continued after the President's death. Most victims were civil­ Human rights violations on a massive ians targeted because of their ethnic group. scale were perpetrated throughout the The predominantly Gio and Mano rebel year by the Armed Forces of Liberia and forces summarily killed government by rebel fo rces. Thousands of people were officials and others considered to be sup­ extrajudicially executed or executed after porters of President Doe's government, par­ grossly unfa ir trials. Ten prisoners of con­ ticularly members of his Krahn ethnic science were released. Three possible pris­ group and the Muslim Mandingo commu­ oners of conscience were sentenced to life nity in areas they took over or while the imprisonment afteran unfair trial. victims were fleeing Monrovia. Further The government of President Samuel large-scale killings occurred when they Doe was overthrown in a rebellion in entered Monrovia in July. One rebel leader which thousands of civilians were killed was said by eye-witnesses to have person­ by both sides. An estimated 700,000 people ally shot four people dead in cold blood, fled the country and the infrastructure of including a Red Cross worker and a woman the state collapsed. Following an invasion whom he shot in the face in front of her of Nimba County in northeast Liberia by a child. In Grand Gedeh County, President force of about 100 exiled government oppo­ Doe's home area, Charles Taylor's NPFL nents in December 1989, government forces were responsible for indiscriminate forces destroyed villages and killed civil­ killings of p ople belonging to the Krahn ians not involved in the uprising. People ethnic group. In August former government belonging to the local Gio and Mano ethnic minister Senator Fred J. Blay and Congress­ groups, previously the target of army man William T. Jabbah were reportedly killings in 1985, swelled the ranks of the executed by the INPFL; they did not appear rebel National Patriotic Front of Liberia to have had any form of trial. (NPFL). led by Charles Taylor, a former gov­ In response to the invasion, government ernment official. Human rights violations troops xacted brutal reprisals against escalated dramatically as the NPFL and a members of the Gio and Mano ethnic breakaway group of rebels. the Indepen­ groups in Nimba County, leading to a mass dent National Patriotic Front of Liberia exodus into neighbouring countries. Gios, (INPFL), led by Prince Yeduo Johnson, Manos and Americo-Liberian critics of the pushed towards th capital, Monrovia. The government were also arrested in Monrovia fl ight of refugees and displaced people and extrajudicially executed, particularly became a flood as the government's posi­ as the rebels approached the capital. On 30 tion grew increasingly insecure and as the May at least 30 Gio and Mano men, women rebels took control of parts of Monrovia in and children were abducted by government July. soldiers from a United Nations compound In late August member governments of where hundreds were seeking protection. the Economic Community of West African They were then apparently executed extra­ States (ECOWAS) sent a joint military force to judicially; the bodies of some of them were Monrovia to try to enforce a cease-fire. This found the next day. In July about 600 LIBERIA

1 146 defenceless people - including many presid ntial amnesty in March. They had women and children from the Gio and been convicted of treason in 1988 (see Mano communities - were extrajudicially Amnesty International Reports 1989 and executed by government troops who broke 1990). In January the Supreme Court found into a church refuge for displaced people that the trial court had made a "patent and in Monrovia. blatant blunder" and ordered a retrial. In It was impossible to estimate how many April charges against them were formally people were taken prisoner by government withdrawn. and rebel forces. In January the government Three people sentenced to life impris­ said a number of rebels had been captured onment in May for complicity to murder and would be brought to trial. but they appeared to be prisoners of conscience. appeared to include Gio and Mano civil­ Angeline Watta Allison and two others ians arrested in Monrovia. None was were convicted of involvement in a ritual brought to trial and their fate was murder allegedly ordered by her husband, unknown. In June several hundred Gia and former defence minister Major-General Mano soldiers were reported to have been Gray Dioh Allison, as part of a plot to arrested. Some appeared to have been overthrow the government. Major-General extrajudicially executed - their bodies AlIison had himself been sentenced to were fo und in the streets - although the death in 1989 after an unfair trial before a government later said that 150 had been special military court (see Amnesty Inter­ released. national Report 1990). Angeline Watta An unknown number of prisoners were Allison's two co-accused told the court that executed after unfair trials before special they had been threatened with death and courts set up by the rebels. At least 100 ill-treated to make them confess and impli­ people - government officials and members cate the Allisons. of the Krahn and Mandingo ethnic groups Two others charged in the case died in - were reportedly executed after being con­ detention in 1989, apparently as a result of victed of "crimes against the people" or of torture and medical neglect, and thre supporting the government. They had been prosecution witnesses were still held in tried by three courts set up by the NPFL in detention although charges against them June, one of which was reportedly presided had been withdrawn. All the defendants over by a school teacher. lodged appeals with the Supreme Court, In August both the NPFL and INPFL seized but it was not known whether they and a number of foreigners in an attempt to Major-General Allison, who was awaiting influence the actions of other governments. a presidential decision on his clemency About 50 foreigners, including Americans, appeal against the death penalty, survived were detained by the INPFL, which sought the subsequent killings. direct United States intervention in the No death sentences were known to have conflict. The NPFL took prisoner at least 30 been passed by the ordinary courts, but onc Nigerians, as well as nationals of Guinea government soldier was executed by firing­ and Ghana, in an attempt to deter their squad in June after being convicted by a governments from contributing to the court-martial of murdering a civilian. ECOWAS force. There were reports of Amnesty International publicly appealed widespread arrests among the Ghanaian for an end to torture, extrajudicial execu­ community living in areas under the NPFL'S tions and other abuses by both government control. All foreigners known to be held by and rebel troops. It also urged governments the INPFL were believed to have been worldwide, particularly those with influ­ released by the cnd of the year but the NPFL ence over the Liberian Government or the was still holding an unknown number. rebels, to use every effort to protect prison­ Two Nigerian journalists detained by the ers, civilians and others from human rights NPFL, Tayo Awotunsin and Krees Imodibie, violations. were reportedly executed extrajudicially in October. Both were said to have been deprived of food and water for several days and forced to bury abandoned corpses. Before the collapse of the government, Gabriol WilIiam Kpoleh and nine other prison rs of conscience were released in a LIBYA

Naser al-Sashir Abu-Lseyen, a doctor, and 147 Abu Bakr al-Sadiq Mahmud. an engineer, LIBYA who wpre nrrpsted in Januar ' 1989 in Tripoli and Senghazi respectively; Muham­ mad al-Fllrhya, 11 lecturer appaIently mgarded as a religious leader by some fol­ lowprs of the Woh(}/)iyyo Islamic doctrine. who was arrested in February· 1989 in Misrata and detained along with two of his sons, both in their twt'nties; and 'Vmar IIafidh al·Buri, .1 (omputer engineer who Five prisoners of conscience remained in was reporh�dly drrt'sted in March 1990 in prison. At least 445 other suspected oppo­ /3enghazi. nents of the government, including possi­ The 51 othpr political detaineps were ble prisoners of conscience, continued to arrested llt'tween 1!174 und 198G and did be detained without trial. At least 18 pol­ not ben(�fit from the March 1988 amnest\' itical prisoners were serving sentences in which 400 political prisoners, including imposed after unfair trials, and one pris­ prisoners of conscipnce, wel'(' released (see oner remained in detention after being Amnesty lnternatiolwl Report 1989). In acquitted. No death sentences or e. ecu­ 1988 the authorities had agreed to review tions were announced. their cases

148 these trials, the defendants were reportedly denied legal counsel and any right of appeal. Theu death sentences were com­ MADAGASCAR muted by Libyan leader Colonel Mu'ammar Gaddafi in June 1988. No death sentences or executions were recorded in 1990. However, in March, fol­ lowing a fire which allegedly broke out at al-Rabita factory, the Libyan Secretary of the People's Bureau in Rome was reported in the international media as having stated that several people had been detained and that those responsible for the incident would "be executed". The Secretary did not identify those held, and the govern­ ment did not provide Amnesty Interna­ tional with any clarification of his statement. Amnesty International continued to appeal for the immediate and uncondition­ Two political prisoners sentenced in 1983 al release of all prisoners of conscience and after what may have been an unfair trial for clarification of the cases of other politi­ were released in June. At least 14 other cal prisoners and detainees. The organiz­ people were sentenced in connection with ation repeatedly sought assurances that all a coup attempt in December. Some of them those who were held incommunicado and were reportedly ill-treated. whose whereabouts were unknown were Richard Andriamaholison, a former gov­ being treated humanely and given access to ernment minister and head of the Gen­ their relatives, lawyers and medical atten­ darmerie, and Marson Rakotonirina, a tion. Amnesty International also sought former army officer, were pardoned by information on the reported execution of President Didier Ratsiraka in June on the eight people in Ghut al-Ruman region near 30th anniversary of Madagascar's indepen­ Tripoli in April 1989 and the killing of a dence, and released. Both had been sen­ medical student in Tripoli in January 1989, tenced to life imprisonment in 1983 for when security forces reportedly fired at planning to assassinate President Ratsiraka demonstrators. No response to any of these after a trial which may have been unfair. inquiries was received. Lawyers who attended the proceedings The Secretariat of the General People's said that prosecution witnesses had been Congress responded to Amnesty Interna­ interrogated before the trial by members of tional's attempt to clarify reports of mass the security service, who forced them to arrests carried out in October 1989 (see make statements under duress. Amnesty International Report 1990) by Dozens of people were arrested fo llow­ stating that Amnesty International should ing an attempted coup in May, when not rely on the Western press because it armed governmentopponents occupied the was biased against Libya. The response national radio station and announced that also questioned Amnesty International's the government had been overthrown. reasons for expressing concern about politi­ They urged people to demonstrate in sup­ cal prisoners who used violence. Amnesty port of the coup attempt but a crowd which International replied that it did not rely on gathered outside the radio station was dis­ any single source for its information and persed by troops who later stormed the that it was standard practice for the organ­ building. Six people were officially said to ization to seek a government's views on have been kill d and 45 injured in this its concerns prior to making public state­ operation. In addition. 13 of the armed gov­ ments. It also reaffirmed its view that the ernment opponents were captured. On 29 whereabouts of all political detainees May Alex Oheix, a French national and should be made known and that they husband of one of the 13, was arrested. The should have access to legal counsel and 13, together with Alex Oheix, were brought their families, and should receive a prompt to trial in December on charges of endan­ and fair trial. gering the security of the stale, illegal MADAGASCAR/MALAWI possession of weapons, and other offen­ as outlined in the Charter. 149 ces. Alex Oheix and his wif e, Elisabeth New political arrests were reported in Rasoazanay, were acquitted but the other Hl90, but widespread fears that providing 12 were convicted and sentenced to prison information about human rights issues terms ranging from six to 18 months. The would result in arrest made it impossible detained men were apparently denied vis­ to obtain further details. All 28 prisoners of its from relatives before they were brought conscience known to be in detention at the to trial. Several were said to have been start of tllf) year were held throughout bnHten after their arrest. HJ90. The majority were hPld without Several peopl!' arrested for apparently charge or trial under administrative dnten­ supporting the 13 MdY coup attempt were tioIl ordl'rs imposed under the 19H5 Puh­ also imprisoned: two peoplt' received six­ lie Security Regulations, which permit month prison terms in August while others indefinite detention without charge or trial. J'(!ceived suspended sentences. The regu lations require Life-President Dr Amnesty International was concerned Hastings Kamuzu Banda to review deten­ by the alleged ill-treatment of people arres­ tion orders every six months, but even this ted fo llowing the coup attempt in May. The limited safegu�d was not known to have organization continued to investigate the been implemented. Most political prison­ cases of those who were apparently ers were therefore denied any opportunity detained for supporting the uttempted to challenge the legal basis or reasons for coup. their detention. New information was received about one prisoner of conscience. Ishmaol Mazunda, a medical instructor at a mission MALAWI hospital, was arrested in November 1989. As secretary of a disciplinary committee at the hospital, he had expelled a number of students in July 1989. Subsequently. gov­ ernment officials were apparently told that he had made disrespectful references to Life-President Banda while teaching, as a result of which he was detained. Also detained without charge or trial as prisoners of conscience were 16 people from the Northern Region who were arres­ ted between February and May 1989 fol­ lowing public criticism of northerners by Life-President Banda (see Amnesty Inter­ national Report J 990). They included George Mtafu, Malawi's only neuro­ surgnon, Thoza Khonje, a senior employee At least 28 prisoners of conscience of the Sugar Company of Malawi, other remained in prison throughout the year: employeos of state-owned companies. civil most were held without charge or trial. s('rvants, a teacher and a student. All wow They included people from the Northern held in Mikuyu Prison near Zomba. Sonw Region arrested in the first half of 1989 and were beliC\'ed to be allowed monthly visits others held for even longer. At least 15 by thei r families, but it remai ned �nclear other political prisoners were also held whether all prisoners had this right. without charge or trial and it was believed Some prisoners of conscience were still there were many dozens more whose ident­ held several years after they had been ities were not known. The torture and ilI­ arrested. L.E. Chaloledwa was detained in treatment of persistent criminal offenders 1977 apparently because of his family ties continued in at least two prisons. to a government opponent, and Kalusa [n FebrudI'y Malawi accpded to the Chimombo. a te

150 had been held since September 1987. Orton and Vera Chirwa, the only prisoners of conscience known to have been charged MALAYSIA and tried, also remained in prison. Their trial in 1983 before a traditional court was grossly unfair (see Amnesty International Reports 1983 to 1990). Other political prisoners detained with­ out charge or trial had also been held for long periods. Machipisa Munthali was originally arrested in 1965 for allegedly smuggling arms into Malawi. He is believed to have been sentenced to 11 years' imprisonment, but once his sentence expired he remained in Mikuyu Prison under a detention order. Gomile Kunturnanji, a former government minister and rival to the Lif e-President, died in Chichiri Prison in April. He had been detained without charge or trial since 1969. Four alleged advocates of the secession of Harsh prison conditions and apparently Sabah state from Malaysia were detained deliberate neglect had a serious effect on without charge or trial. There were new the health of a number of prisoners. George allegations of police ill-treatment of crimi­ Mtafu was reported to have become ill in nal suspects, Three people were reported mid-1990 and two other prisoners of con­ to have died in police custody, one of science, Blaise Machira and Margaret whom was said to have been ill-treated. At Marango Banda, were reportedly denied least 54 death sentences were imposed and appropriate medical treatment (see 12 people executed, of whom 11 had been Amnesty International Report 1990). convicted fo r drugs offences. Some criminal prisoners were report­ The National Front coalition led by edly subjected to a form of gross ill-treat­ Prime Minister Mahathir Mohamad was re­ ment known as the "hard-core" regime. elected in October with a two-thirds major­ Under this, persistent offenders nearing the ity in parliament. Soon after the election, end of their sentences were reportedly the Prime Minister indicated that his gov­ taken to either Nsanje or Dzaleka Prison, ernment would retain the Internal Security chained naked to the floor of a cell, and Act (ISA) which permits detention without denied adequate food for 30 days. Some charge or trial. criminal prisoners were also reported to Four people from Sabah state were have been beaten by prison staff with arrested in May and June 1990 and batons. detained under the ISA, accused of advocat­ Amnesty International continued to ing secession from Malaysia. All four - press for the release of all prisoners of con­ Abdul Rahrnan Ahmad, Benedict Topin, science and for the fa ir, prompt trial or Wencelous Damit Undikai and Albinus release of other political detainees. The Yudah - were arrested at a time of tension government did not respond at all to between the federal authorities and the Amnesty Int rnational's extensive and con­ state government of Sabah, which is domi­ certed appeals, other than in January when nated by the Parti Bersalu Sabah (PAS). it told the organization that Malawi govern­ United Sabah Party. The four, who were ment agents had played no role in the known to be close to the POS, wer' publicly killing of Mkwapatira Mhango and nine accused by the police of involvement in a others in October 1989 (see Amnesty Inter­ conspiracy to take Sabah out of Malaysia. national Report 1990). In an oral statement They had not been charged or brought to to the United Nations Sub-Commission on trial by the end of the year. It appeared that Prevention of Discrimination and Protec­ they might he prisoners of conscience. tion of Minorities in August, Amnesty There were new reports of ill-treatment International incl uded reference to the of criminal suspects during police inter­ plight of prisoners of conscience detained rogation. In at least onc case the Kuala without charge or trial in Malawi. Lumpur High Court ruled that a statement MALAYSIA/MALDIVES/MALI made by a defendant in a kidnapping case newspapers, Hukuru and Manthiri, were 151 after he had been assaulted by the police arrested between June and the end of the was inadmissible evidence at his trial. year, apparently for having criticized the Ang Soon Kheat, a criminal suspect, government during a period of greater free­ died in custody in Pandamaran police sta­ dom of expression following parliamentary tion, Selangor state, in August. His wife elections in November 1989. It was not said that he had complained of police bru­ known how many remained in detention at tality and that she had found bruises on the end of 1990. Sangu was ordered to several parts of her husband's body and close, and all copies of the first issue of injuries on his neck and fa ce. The police, Manthiri were reportedly confiscated. In however, said that he had died as a result September an independent member of par­ of slipping from a cell door on to which he liament, Mohammad Latheef, was also had climbed while suffering from drug arrested. He had reportedly criticized cor­ withdrawal symptoms. ruption in government and called for a vote In April a directive was issued to police of no confidence. He remained in detention officers instructing them not to use force with no known charge against him at the against suspects detained for investigation. end of the year. Four police officers were subsequently charged at a magistrate's court in Kajang, Selangor state, with causing injury to a burglary suspect. At least 54 people were sentenced to death after being convicted of criminal offences - 49 for drugs offences, four for murder and one for a firearms offence. The Supreme Court confirmed the death sen­ tence on 14 people. Their last recourse was to make a final appeal to the Pardons Board of the state where the offence was committed. At least 12 executions were carried out: 11 people were hanged for drugs offences and one for a firearms offence. Amnesty International called for the Amnesty International expressed con­ four political detainees from Sabah to be cern to the government about the arrests brought to trial in accordance with interna­ and urged that those held should be tionally accepted legal standards, or re­ released if they had been detained for the leased. It also urged the commutation of all peaceful expression of their opinions. death sentences. Amnesty International also told the govern­ ment in December of its concern about the extension of the death penalty and urged President Maumoon Abdul Gayoom to con­ MALDIVES tinue to commute death sentences, as had been the practice in the Maldives since At least 10 journalists and a member of 1951. parliament were detained, apparently Without charge or trial: they appeared to be prisoners of conscience. The death penalty was extended to additional crimes MALI under new legislation. In December the majlis (parliament) At least one prisoner of conscience and passed the Prevention of Terrorism Act several possible prisoners of conscience which extended the death penalty to were detained without charge or trial. offences associated with terrorism. Full Two possible prisoners of conscience were details of this legislation were not known tried fo r insulting the Head of State and by the end of the year. one was sentenced to two years' imprison­ At least 10 journalists and editors work­ ment. Government fo rces were responsible ing for a news magazine, Sangu, and two for extrajudicial executions fo llowing an MALI

152 uprising by members of the Tuareg ethnic empowered to detain without charge for up group during which civilians as well as to two months any person considered a government troops were killed. One threat to public safety. Severe reprisals detainee reportedly died as a result of tor­ were taken against the Tuareg community: ture or ill·treatment. Four death sentences army units attacked encampments. beat. were passed in absentia. No judicial exe­ raped or killed the inhabitants. and cutions were known to have been carried destroyed property. More than 50 Tuamg out. were reported to have hum (Jxtrajudicially Bassirou Diarra. an opposition leader executlld by government forces in August. bas d in France. was detained without In Gao. about a dozlln Tuareg men and one charge for one week when he visited Mali woman were said to ha e been publicly in July. His detention appearlld to have shot by firing·squad nllar the airport on 4 no legal basis and Ill! was considered a Angust. aftN which their bodies were prisoner of conscience. mutilated by onlookers and crushed by an armoured vehicle. A further 24 Tuarllg were reportedly executed extrajudicially by soldinrs in Gao on 14 August. as wlllI as 18 others in Mcnaka. Kidal. Tin Essako and the Tamesna area. One of the alleged vic­ tims. Akhmed Ag Makhakha. lllader of the Ichadanharen dan. was in his eighties. Tuareg encampments in the remote desert area near the Algerian border were also reportedly attacked by government forces but few details were available. At In Teguift Well. three men and a paralysed woman wer said to have been killed on 8 August and other Tuareg. including chil­ dren. were driven away and later died of thirst. At Alkit. near Kidal. government sol­ Two people tried in February on diers who attacked an encampment of charges of insulting the I lead of State may members of the rdnan clan on 9 August have been prisoners of conscience. reportedly stripped both men and women. Mamadou Alpha Idrissa Niang was sen­ and then flogged and shot the men. killing tenced to two years' imprisonment fo r about 10. allegedly insulting the I lead of State. Gen­ The government said in August that 30 eral Mous'a Traore. although he had made people had been killed in the uprising. no wrillen complaint as required by law for Other sources suggllsted that the real figure a prosecution. The outcome of his appeal was much higher. with possibly more than was unknown. Mamadou Camara. who had 300 people killed by Tuareg insurgents. been held since October 1988. was acquit­ and almost as many b government forces. ted and rei 'ased. including elderly people and children. There was an uprising by members of The government denieJ that anyone had the Tuareg ethnic group in June. apparent­ been executed. Further sporadic clashes ly sparked by the government's perceived between Tuareg ami government forces lack of concern for the Tuareg community. were reported after September but on a Tuareg insurgents launched attacks in the smaller scale than before. northeast. killing government officials. Several leading memb rs of the Tuareg members of the socurity fo rces and civil­ community and others were arrested at the ians. After an attack on Menaka. in which height of the crisis and detained or placed about 14 people wern killed. they abducted under house arrest. Some were releaslld at least two people. one of whom was within a short period hut others were held known to have been released. for several weeks. They were possible pris­ In response. the government declared a oners of conscience. Among those detained state of emergency in the sixth and seventh were Sikaye Ag Ekawol . director of a gov­ administrative regions around Timbuktu ernment-sponsored food aid project. and and Gao. and sent troops to the area. Under OuCfane Ag Soulaymane. a merchant. In the emergency. the security forces were September some 70 Tuareg were reported MALI/MAURITANIA to be held at Djikoroni military camp near munal violence between Mauritanians and 153 the capital, Bamako. None of those arrested Senegalese (see Amnesty International was known to have b en charged or tried Report 1990). Several thousand people and it was not clear whether they and were expelled to Senegal and Mali during others had been released by the end of 1990 and thousands of others fled the the year. country to escape persecution. Following Political detainees were reportedly held the 1989 expulsions, the government set­ in harsh conditions and, in some cases, tled Haratines (descendants of black slaves ill-treated. In August Habib Ben Wahab of the Moors) on land in the south belong­ reportedly died in custody at Gao police ing to those who had been expelled, and station after torture or ill-treatment. He was reportedly armed them. Mauritanians apparently suspected of passing military expelled to Senegal and Mali carried out information to the rebels. No inquest or armed raids across the border to recover other inquiry into his death was reported. property and cattle confiscated at the time In one incident, the head of the Idnan clan of their expulsion, and attacked govern­ and another man were reportedly stripped ment forces and people who had been set­ in public and beaten by soldiers in Kidal in tled on their land. Acts of violence against early August. government targets, such as military posts, Four people were sentenced to death in were also committed by armed opposition absentia in December. They were convict­ groups. ed of embezzlement by the Special State Security Court. This special court allows no right of appeal, although procedural questions may be contested in the Supreme Court. No executions were reported. Amnesty International appealed for the release of prisoners of conscience and for other political detainees to be brought to trial promptly and fairly on recognizably criminal charges or released. It also called on the government to halt extrajudicial executions by the security forces, to safe­ guard detainees from ill-treatment and to establish an independent investigation into the killings.

Large-scale human rights violations continued, targeted mainly at black Mauri­ MAURITANIA tanians of the Halpulaar ethnic group (known as Fulanis) in the south of the Thousands of people, all of them black country, along the Senegal river valley. Mauritanians, were detained and held While conducting searches and enforcing without charge or trial fo r up to several curfews, the National Guard and Haratine months. Others, including some who had militia supporting them arrested, tortured been arrested in 1989, were still held with­ and killed Halpulaar villagers apparently out charge or trial at the end of 1990. with impunity. However, information was Some of those held were prisoners of con­ difficult to obtain and relatively few inci­ science and many were reportedly tor­ dents could be documented in detail. tured. At least 15 black Mauritanians died In November and December some 3,000 as a result of torture. Dozens of others or more black Mauritanians were arrested "disappeared" following arrest. At least in the capital, Nouakchott, and in Nouad­ 100 people were extrajudicially executed hibou. The authorities later alleged that by government fo rces and pro-government there had been a conspiracy to overthrow militia. the government. Most of those arrested Expulsions of black Mauritanians from were members of the armed forces and the Country continued throughout the year. civil servants. They included Abdoulaye Over 50,000 Mauritanians had been Malikel Sy and Ly Moussa, two former expelled in mid-1989, following intercom- prisoners of conscience. At the end of 1990 MAURITANIA

154 the majority were held without char ge or November arrests as many as 15 prisoners trial in various military barracks. were said to have died after torture inr.lud­ Arrests occurred t1iroughout the year in ing LV Moussa, a fo rmer prisoner of con­ the !>outh. At least �50 villagers were said science. Methods of torture llsed inc:luded to be held in a military barrac.ks at Azlat in hurning with hot irons and cigamttes, and /\Ieg region in mid-H190. Although a nUll1 the "jaguar", during which tIll' victim is bnr were released in July, it was unc:ll'ar suspended upside-down from a bar and what had happened to others. No legal pro­ beatnn on the soles of the feet. Gore! Ba, clHlures were' obs�rved in such cast's, ,md a fa rnH'r from Courl'l-Mamoudoll village, those ddallled were hr.ld incommunicado was amon� about 10 pl'ople am sted in without any info rmation being f('vealod April in M'Some who were chained up, about them. Some relativ('s who madn beaten ,md subjected to the "jaguar" by sol­ inquiries "bout dl'tai nees were themselves diers. Many Halpulaar women were also arrested. The sl)crecy surrounding deten­ reportedly [,lped while held hy the security tions meant that man) people who wern forces. One womHn was said to have been openly arms ed wmr. subsequently dassi­ repeated ly raped in February by soldiers at fil'd as "d.isappearnd" wh(m no news could the military post of th!' Ould Mogheina be obtained about them. area, near Rosso, before being thrown into Some of those arrnsted in mid-198!) the Snnegal riVl'l. were st ill held without charge or trial at the Dozens of villagers reportedly "disap­ Dnd of H190. Most WCrt' detainnd simply peawd" fo llowing arrest by government bncause of their race or ethnic orJgin. forces: many of th(,111 wnrn bpl ieved to have Those held included alleged gov ernment bl'lm extrajudicidlly executed. Most were opponlmts, all of them black, who wore detained in the Aleg or S Ilibaby regions, arrested in Nouakchott and elsewhere. Sixteen people, including Kanni Sal! and Among those released �as Ladji Traore, a 15·year-old Oumar Thiam, were arrested in fo rnlPr prisoner of conscience from the March at Dioudc-Diery near Hoghc, Alcg Soninke ethnic group, who was detained region, by the National t:uarcl. They were unlawfullv from October 1989 to October taken to an unknown destination and their 1990. Th� authorities gave no reasons for fa te was unknown at the end of 19\}O. In his detention, but it was believed to bp the S(\libaby region, whole fam ilies connected to his opposition to the expul­ "disappeared". Aclam.t N'Diaye, his wife sions of black Mauritanians from the and nine children wert' arrpsted in Febru­ country. ary at Gourel-Amadou Mamaclou, near Dozens of people, foreigners as well as Ould Yengc, and taken into the bush. They qlack Mauritanians, were arrested and held wert' not seen again. without charge for several weeks before Reports of extrajudicial Hxecutions by being o. pr-lied from the country. In one the army, the ational Cuard and Haratine case, a Mauritanian woman was held in militia rose dramaticalh in the first half of Nouakchott's Central Police Station from the year. There wore ki llings reportt�d in March until May, and then summarily most towns and villages along the Maurita­ expelled to Senegal with 50 other people, nian bank of the Senegal river. Virtually all Some villagers were detained on suspi­ the victims appeared to bn unarmed Ilalpu­ cion of harhouring returned refugees, after laar villagers. The killings had begun in people who had sought rHfuge in Senegal May 19B9 with the operation to l'xpel black or Mali came back over the bordm to re­ Mauritanians (sec A11lnesty International r:over confiscated property or cattle. Others IlI!port 1990). The victims were often sin- . wer' held becausp thpy opposed the expul­ gled out fo llowing routine patrols of vil­ sions or protested dgainst the confiscation lages. On 10 April, fo r example, a patrol of of their goods. Yoro Lam, a hmdsman from soldiers and armed Harntines entered Zereyga near Foum Cleita in M'Hout aruil, Moudji village near Selibaby. Altnr search­ was held in ouakchot\ prison from June ing houses, thl'y arrested sev()n men 1989 to September 1990 because hr. and his including Silly Youmc Bii and Mamadou brother had resisted the expropriation of Demba SaIl. The seven were taken a few their cattle by police (see Amnesty lnterno­ kilometres out of the village and extrajudi­ U()]w/ Report 1990). cially executed: three wore shot and four Many detainees were reportedly tor­ had their heads crushed with stones. All tured by security forces. Following the wero found with their hands tied behind MAURITANtA/MAURtTIUS their hacks, indicating that they were being security forces and militia to respect 155 held as prisoners when they were killed. human rights. The government did not Several people were also killed when respond to these appeals. IJowl'ver. it dis­ lTIombers of the National Guard reportedly missrd the organization's concerns and tired at villagers deliberately and for no accused Amnesty International of favour­ appanmt reason. For example, Thierno ing Senegal in the cont1ict between the two Sa"ibatou B,i, a religious leader, was killed countries and of ignoring the persecution on 12 April ill Ngoral-Guidal near Bogh6. of Mauritanians in Sen(�gal. Aflpr the Eyn-witnesses said thdt soldiers shot him November arwsts Amnesty International just after he had finished bathing in the appealed to the authorities to plJ(l the use river in preparation for aft!'fnoon prayl'rs. of torture and to release those held soleI v In anutlwr casn, at least four people sus­ bpcause of their ethnic origin. The govern­ pected of returning illicitly to Mauritania mont acknowledged that numerolls arrests after being expelled wen said to h,lVe had occurred but denied that anyone had been beheaded bv members of the National been tortured. In an oral statomc�nt to tho ' Guard in July and August in the Maghama United Nations Commission on Human area. Rights, Amnesty International included rd­ f'ourteon political prisuners wore emnce to its concerns in Mauritania. rploased in September, tlwir sentf)!1U)S hav­ ing bf'cn reduced by onc year as a result of a measure orden)d by President Maaouya ould Sid'Ahmed Taya in December 1989 MAURITIUS which affected all sentollced prisoners. Thirteen of tho 14 were serving five-year prison terms imposed after unfair trials in 1986 and 1987. They had been convicted in connection with the distribution of an opposition group manifcsto, the MoniJc!ste du migro-maulitanien opprime, Oppressed Black Mauritanian's M,mifesto. The 14th had been sentonced to threo years' impris­ onment in September 1988 when eight members of the pro-Iraqi Ba'th Socialist Party wpre convicted of state security offences. However, at the cnd of 1990, 32 members uf the armed fo rces and one civilian remained in prison in A"ioun El Atrouss. They had been convicted in Octo­ ber 1987 of plotting to overthrow the gov­ Four people fa ced charges that could ernment, after trials which fa iled to satisfy result in their becoming prisoners of con­ international fa ir trial standards. science. No new death sentences were Amnesty International repeatedly ex­ reported, but six prisoners remained pressod concern to the Mauritanian Gov­ under sentence of death. There were no ernment about persistent reports of grave executions. human rights violations. In a statement to In June the government established a Amnesty International in June, the Minis­ committee to review laws with provisions ter of Justice intimated that the security that provide for imprisonment in violation forcos' actions constituted a logitimate of human rights. The laws included the responsr to thr acts of violence committed 1970 Puhl ic Order Act, which ]lPfmits by armed opposition groups. detention without charge or trial, the 1973 In October Amnesty International pub­ Inciustrial Relations Act, whi.h limits the lished Mauritania: Iluman Rights Viol­ right to strike, and the 1984 Newspaper (Jtions in the Senegol River Valley. The and Periodicals (Amendment) Act. which report expressed concern that the rule of makes it illegal to publi h false news. The law had boen virtually abandoned in the committee hdCI not reported by the cnd of rivcr valley area and called on tll(' author­ the year. ities both to disarm the irregular Ilaratine Harish Boodhoo, ieadN of the Porti militia and to instruct members of the socioliste nwuricien (I'SM). M,urilian MAURITIUS/MEXICO

156 Socialist Party, and Vedi Ballah, editor of the PSM newspaper, Le Socialiste (The Socialist), were awaiting trial on charges of MEXICO giving out fa lse information. If convicted they could become prisoners of conscience. They were charged in January 1989 after publicly calling fo r an inquiry into the alleged involvement of government minis­ ters in the sale of Mauritian passports (see Amnesty International Report 1990); they were expected to stand trial in 1991. In November the Supreme Court rejected an application by the two men, who were at liberty throughout 1990, to have the charges against them declared unconstitu­ tional. In May 1990 Sydney Selvon, Vice-Presi­ dent of the Mauritius Union of Journalists and Chief Editor of the daily newspaper, Le The widespread use of torture and ill­ Ma uricien (The Ma uritian). and Harish treatment by law enforcement agents, in Chundunsing, a journalist employed by Le some cases leading to the death of Mauricien, were also charged with publish­ detainees, continued to be reported. Hun­ ing false news. This fo llowed publication dreds of people were arbitrarily detained by the newspaper of an article which and ill-treated by security fo rces in the wrongly reported that the government had context of forced evictions of peasants and dropped charges against a sea captain of widespread protests against alleged accused of illegal fishing in Mauritian electoral fraud. Dozens were detained for waters. They remained at liberty and were political reasons; in a number of such expected to stand trial in 1991. cases, charges were based on fo rced con­ Charges brought in August 1989 against fessions. At least six people "disappeared" seven trade unionists and a journalist and little progress was reported in clarify­ accused of participating in an illegal ing the whereabouts of several hundred demonstration were dropped in July (see who "disappeared" in previous years. Evi­ Amnesty In ternational Report 1990). dence suggested that at least three people In March the Supreme Court turned were extrajudicially executed. Several oth­ down the appeal of Radha Krishna Kun­ ers, including a renowned human rights nath, an Indian national sentenced to death lawyer, were believed to have been killed in August 1989 for drug-lrafficking (see because of their peaceful human rights or Amnesty International Report 1990). The political activities. court granted him permission to appeal Following an increasing number of to the Judicial Committee of the Privy reports of human rights violations, Presi­ Council ()epe) in the United Kingdom. the dent Carlos Salinas de Gortari announced highest Court of Appeal for Mauritius. in June the creation of the National Iluman Five other prisoners under sentence of Rights Commission, which incorporated its death, four for drug-trafficking and onc predecessor, the Directorate of Human for murder, continued to wait for their Rights. The main functions of the Commis­ appeals to be heard by the )epe. There were sion are to investigate human rights abuses no executions. and to issue recommendations to the Amnesty International continued to authorities. By the end of the year it had appeal to the Mauritian Government to received hundreds of complaints and had commute all death sentences. It also issued 33 recommendations regarding urged the government to abolish the death well-documented cases of human rights penalty. abuses. Most of these re ommendations had not been implemented by the end of the year. Allegations of electoral fraud by the governing Partido Revolllrionario lnstitll­ cional (PRI). Institutional Revolu tionary MEXICO

Party, during state and local elections in despite his injuries. Protests in the press 157 December 1989 triggered widcspread and complaints by relatives prompted an protests, principally involving members of investigation, but those responsible had the centre-left Partido de la Revoluri6n not been brought to justice by the end of Democr6tica (PRlJ) , Democratic Revolution­ the year. ary Party. Following accusations of Children and youths were among those electoral fraud in previous years, thr lnter­ reported to have been tortured and ill­ American Commission on Human Rights treated by the security forces. Seventy-six issucd a scrirs of recommendations in May well-documented complaints against the 1 q!)O, calling on the government to "assure Tijuana juvenile justice system were filed the free and full exercise of political rights in April by the Centro Bi-Nacional de Dere­ and judidal protection" for those partici­ (hos Humanos, Si-National Human Rights Pdt ing in electoral processes. Centre, in Tijuana. 0 investigations into Torture was frequentl used by law­ these allegations were known to have been enforcement agents throughout the COUll­ initiated by the end of the year. try, partkularly by the state and fe deral Between January and April at least 15 judicial police. It was often used to extrnct people were kill-d by the security forces confessions from detainees, ancl such state­ during the protests against alleged vote­ ments continued to be admissible as evi­ rigging. Scores of people were arrested, dence in courts. Torture methods reported dozens reportedly suffered torture or ill­ included beatings, electric shocks, near­ treatment and four "disappeared" after asphyxiation in water or by covering the their arrest. Most of the victims belonged to head of the victim with a plastic bag, forc- I opposition parties, principally the PRO. ing carbonated water with chilli pepper Government officials reportedly ill-treated into the nose, and psychological torture. protesters, particularly during forced evic­ Adequate medical treatment was rarely tions of activists occupying local munici­ made available to victims and official pal buildings as a form of protest. forpnsir doctors frequently fa iled to fully The most serious abuses were reported document cases of torture. Despite a public in the states of Guerrero and Michoacan, outcry and numerous formal complaints to two strongholds of the PRO. [n March at the authorities about torture and other least 250 police agents surrounded the human rights violations, very few of those municipality of Omatepec, Guerrero, to responsible were brought to justice. evict approximately 50 PRll protesters. Scores of torture cases were reported in According to witnesses the police shot tho context of federal judidal police opera- I at the protesters, wounding many and lions aimed at preventing the cultivation killing at least on , Roman de la Cruz and trafficking of drugs. Zacapela. Many were detained for short [n March Ruben Oropeza llurtado was periods during which some were report­ detainod in the town of Tijuana by thr edly tortured. Vicente de JeStIS, Miguel fe deral judicial police. He was reportedly Silverio, Daniel Al arez and Andres de fo rced to confess under torture to drugs la Cruz Zacapela wnre reported to have offences and was denied adequate medical "disappeared" after their arrest. Despite trnatment. [n July he was admitted to a formal complaints by victims and their local clinic in a critical condition, appar­ fam ilies, proceedings were not initiated rntl) T!'sulling from beatings suffered in against those responsible. detnnlion, and underwent a major abdomi­ Hundreds of people were arbitrarily nal operation. I [e died in October. Those detained and ill-treated during forced evic­ allegedly responsible were not brought to tions of peasants by security forces, usually justice, despite recommendations on this aided by local landowners and pistoleros LI S!) by tIll' alional Human Rights Com­ (gunmen), in rural areas. In April police mission. agents and pistoieros forcibly evicted more [n October Pedro Ynscas Martflwz died than 100 peasant fa milies from the commu­ in detention, !Ive days after his arrest in the nities of Paso Achiote, Uni6n y Progreso town of Durango, ;eportpdly as a consc­ ,1l1 d Em iliano Zapata in the State of qU(,llce of torture inflicted by the fe deral Chiapas from communal land which they judicial poliC('. According io witnesses, cl,tin1l'd had been promised to them by the Iw was forcl'd to confess to drugs offl'llc('s authorities. Men, women and children and was later denied medical tnmtlll 'nt, were arrested and dozens suffered ilI- MEXICO

158 treatment and injuries; 14 of them were death threats before his "disappearance". held until September. No progress was made by the end of the S6cimo Hermindez, a peasant activist year in establishing his whereabouts. from Embocadero, continued to be impris­ Among the killings reported were those oned on a murder charge. He was reported of Francisco Quijano Garcia's sons Hector, to have confessed after being tortured with Jaime and Erik in the State of Mexico in beatings, near-asphyxiation and threats. He January. The police stated that they died had been arrested in November 1989 and during an armed confrontation. However. accused of the murder of Pedro Hermindez according to witnesses and forensic evi­ Hermindez (see Amnesty International dence. they were unarmed at the time of Report 1990). the killings and were extrajudicially exe­ In May Salom6n Mendoza Barajas, PRO cuted by an anti-nar otics squad. The same mayor of Aguililla and well known for his squad had reportedly also tortured Hector denunciations of human rights violation Garcia in the cells of the Attorney Gener­ by anti-narcotics squads operating in the al's Office before taking him to the site of region, was arre ted. He had complained to the killings. At the end of the year, no the police about the alleged harassment, developments in the investigation into arbitrary arrest and ill-treatment of local these killings had been reported. residents. While in custody he was said to In February three Venezuelan teachers have been subjected to near-asphyxiation and a Mexican lawyer were reportedly and beatings to force him to confess to abducted in the town of Culiacan by mem­ murder and drugs possession. He was also bers of the federal judicial police. In reportedly denied adequate medical treat­ r sponse to inquiries from the Venezuelan ment and as a result is permanently dis­ Ministry of Foreign Affairs. the Mexican abl d. In November the National Human authorities at first confirmed, but later Rights Commission recommended that he denied. that the three Venezuelans were should b released, together with other being h Id by the Federal Attorney General Aguililla residents who had been detained on arms-smuggling harges. Their bullet­ and reportedly ill-treated. It also recom­ riddled bodies, all showing signs of torture, mend d that charges against them should were found in March. No progress was be dropped and that those responsible for reported in the investigations announced the abuses in Aguililla should be brought into these killings. to justice. In December Salom6n Mendoza Norma Corona Sapien, a human rights 8arajas and one other detainee were lawyer, was murdered in May in the town released, after the Attorney General's Office of Culiacan. She had been investigating the dropped the charges against them. How- alleged participation of federal judicial v r, at the end of the year several other police agents in the r ported torture and detaine s from Aguililla remained in killing of th three Venezuelans and the prison. despite a recommendation by the Mexican. The fed ral government estab­ National Human Rights Commission that lished a commission of inquiry and five they should be released. people allegedly responsible fo r her killing The authorities promised to investigate were detained and charged. including two cases of "disappearance" - more than 500 former federal judicial police agents. Local people were known to have "disappeared" human rights organizations expressed con­ in Mexico. mostly during the 1970s and cern that the fu ll truth about Norma Coro­ early 1980s. However, little progress was na's killing had not b en established and reported. The whereabouts of Jos(') Ram6n continued to call for further investigations. Garcia (see Amnesty International Report Amnesty International repeatedly called 1990) remained unknown and no progress fo r full investigations into human rights was reported in bringing to justice those violations incl uding extrajudicial execu­ responsible fo r his "disappearance". At tions, torture and "disappearances" and least six new cases of "disappearance" urged the authorities to bring all those were reported in 1990. responsible to justice. In September it pub­ In June Francisco Quijano Garcia, who lished Mexico: Human Rights Violations was investigating the alleged murder of his Against the Triquis in Oaxaca, which three sons by federal judicial police. examined past human rights violations "disapp ared" in Mexico City. He had reportedly suffered by members of the allegedly received several anonymous Triqui indigenous communities in western MEXICO/MOROCCOAND WESTERN SAHARA

Oaxaca, including killings, torture and the unions in support of a number of social 159 "disappearance" of two children. and economic demands including a higher In November the Executive Secretary of minimum wage. The government said five the National Human Rights Commission people were killed but other sources sug­ met Amnesty International to discuss the gested that at least 50 people had died, Commission's work. Amnesty International mostly as a result of attempts by the police welcomed the creation of the Commission and army to restore order. but expressed concern about the apparent­ More than 40 prisoners of conscience ly limited effectiveness, thus far, of its rec­ and many others who may have been pris­ ommendations. oners of conscience were held iliroughout the year. The former included Abraham Serfaty and seven oilier alleged members of clandestine Marxist groups sentenced after MOROCCO AND an unfair trial in 1977 (see Amnesty Inter­ national Report 1978), and Ali Idrissi WESTERN SAHARA Kaitouni, a painter and poet sentenced to 15 years' imprisonment in 1982 for his writings. All nine were held at Kenitra Central Prison. Fatima Oufkir also remained in custody. Her husband, former interior minister Gen­ eral Mohammed Oufkir, died in suspicious circumstances after his alleged involve­ ment in a coup attempt in 1972; Fatima More than 50 suspected government oppo­ Oufkir, her six children and one of her nents were prisoners of conscience; some cousins continued to be held under house had been held continuously fo r more than arrest and virtually incommunicado near 16 years. Others were arrested and impris­ Marrakech. They had been held continu­ oned in 1990. Hundreds of other political ously since 1972, when the youngest child prisoners, some of whom were possible was only three years old, although no prisoners of conscience, were serving charges had ever been brought against sentences imposed after trials which fe ll them. short of international fa ir trial standards. Some 25 members of the armed forces There were new reports of torture and iIl­ were also prisoners of conscience. All treatment of prisoners, and of deaths in remained in prison without facing further custody, possibly following such abuse. charges after completing ilieir sentences: No steps were taken by the authorities to iliey had been among over 100 military clarify hundreds of cases of "disappear­ personnel sentenced in 1972 for allegedly ances" reported since 1975. More than 140 attempting to kill King Hassan II. In 1973, people were believed to be under sentence 61 of the prisoners were moved to a remote of death but no executions were known to prison at Tazmamert and since then had have been carried out. been subjected to such harsh and grossly National elections due in 1990 were inadequate conditions that at least 29 of postponed in anticipation of a negotiated the group had reportedly died in custody. settlement to the long-running dispute over Suspected government opponents jailed the Western Sahara. A plan for a cease-fire during the year were also prisoners of con­ to be followed by an amnesty for political science. They included six alleged mem­ prisoners and a referendum in the Western bers of an illegal Islamic group, al-'Ad/ Sahara, worked out under United Nations wa'l-Ihsan, Justice and Charity, who were auspices in June, was agreed by both the tried by the Court of First Instance at Sale. Moroccan Government and the Frente Pop­ They were each sentenced in March to two ular para la liberaci6n de Seguia e/-Hamra years' imprisonment for membership of an y Rio de Ora, Popular Front fo r the Libera­ unauthorized organization, illegal fund­ tion of Seguia el-Hamra and Rio de Oro, raising and other offences. Their sentences known as tlle Polisario Front. were confirmed on appeal in August. Riots took place in Fes, Tanger and Betwe n December 1989 and March 1990, other towns during a one-day general strike 32 oilier people were tried on similar on 14 December called by two major trade charges; six were acquitted after trial and MOROCCO AND WESTERN SAHARA

160 the others were acquitted or given reduced More than 300 political prisoners sen­ sentences on appeal. tenced after unfair trials in previous years The trial of the six prisoners at Sale was continued to be held throughout 1990. marked by gross irregularities. Defendants' They included 14 prisoners serving sen­ dates of arrest were fa lsified to conceal tences of up to 20 'ears' imprisonment the length of time they had been hold imposed in September 1981 following riots incommunicado in pre-trial (garde a vue) in Casablanca and ut least 110 others, detention, and th court refused to allow including all ged members of illegal the defance to call witnesses to testify to Marxist and Islamic groups, who werl' this: defem. lawyers walked out of tl1(' sentenced after demonstrations and riots court in protest. in January 1984. Other alleged Marxists, Abdessalam Yassine, the leader of al­ convicted of belonging to Ilu')-AJlI a III, 'Adl wa ·l·lhsan, was also a prisoner of con­ Forward, and of cOIlspiring against the gov­ science. 1[' was placed under house arrest ernment, had been sentenced in 198£i, and in January and still confin()d at the end of more than 30 out of 85 students sentencud the year. for public order and other offences in 1989 Other prisoners of conscience included were also still held. Their trials failed to Ahmed Benjelloun, director of the weekly satisfy international fa ir trial st.uldards. n()wspaper al-Tariq (The Way) , who was There were new mports of torture ,ll1d sentenced to fo ur months' imprisonment in ill·treatment of prisoners, particularly May after being convicted under Article 44 untried detainees held in garde a vue of the Press Code. An article he had pub­ detention. S()ven of the Fes University stu­ lished in April 1989 was held to have dents who were tried in July allcgnd that defamed certain institutions. they had been tortured at Derb Moulay Two others, Mohammed El-Brini and Cherif detention centre in Casablanca Abdelkader Himer, journalists with the while held incommunicado in 1989. They newspaper al-lttihad al-Tshtiraki (SoclQlist said that they were b 'aten, including on Union), were also charged under the Press the soles of the fe et, kic.ked, suspended in Code in connection with an article pub­ contorted positions, partially suffocated lished in August which criticized corrup­ and given electric shocks. No investigation tion and delays in the courts. Their trial of these allegations was known to have had not concluded by the end of the year been initiated by the court or the detaining and both men were at liberty. authorities. Many other people brought to trial dur­ Abdelkader Migou, a trader, was also ing the year, including a number arrested allegedly tortured at Oujda police station in the wake of widespread demonstrations where he was taken following his arrest in on 14 December, may have b n prisoners August as a criminal suspect. He was said of conscience. More than 40 students were to have lost consciousnes after being brought to trial befor the December unrest kicked and to have sustained three broken on charges such as disturbing public ordnr, ribs as a result of the alleged assault. He and fCceived sentences of up to five years' received hospital treatment and a medical imprisonment. Some alleged in court that report fo und injuries consistent with his they had b 'en tortured while held in garde allegations. His lawyor sought an official I iJ vue detention, often beyond th maxi­ inquiry, but no investigation was known to mum period permitted by law. Nine Fes have been initiated. University students who were tried in the Reports of five deaths in custody sug­ Chumi;re criminelle, criminal chamber, in gested that the victims ma have been tor­ Fes in July 1990, alleged that they had been tured. Saida Habiba di d in Azilal police tortured while held in gore/e u vue deten­ station two days after her arrest in January. tion fo r up to 49 da s fo llowing t1wir Mohammed Hirchi, a 17-year-old cflminal arrests in 1989. Thoy then remained in cus­ suspect, died in hospital in Oujda in July, tody fo r nearly 011(' Yl'ar before being 12 days afll!r his arrest. In both cases brough t to trial. reports suggest cl that these prisoners had Over 1,000 people wore arrested follow­ been tortured or ill-treated in gOl'de a vue' ing the riots on 14 DOC!!JJ1bnr. Moro than detention before their deaths. In Jan uary 200 of them had been st'ntenced to prison th' Moroccan Government said an inquiry terms of up to 10 years by the cnd of the would be held into Saicla Habiba's death, year. but Amnesty Intefl1

164 firm timetable for convening the National NLO Information Officer Kyi Hla, and two Assembly or for handing over power to the OPNS leaders - Kyi Win and Ye Naing. Kyi elected civilian government. Win and Ye Naing were each sentenced to More than 350 prisoners of conscience seven years' imprisonment. All were con­ and possible prisoners of conscience had sidered to be prisoners of conscience. been identified by the end of 1990, but the It was unclear in many cases whether actual number of people held for political individual political prisoners were being reasons was thought to be in the thou­ detained without charge or trial under the sands. Hundreds of people were arrested 1975 State Protection Law or had been for their peaceful election campaigning tried and sentenced. However, some were activities or for protesting against the known to have been tried by military tri­ SLORC'S refusal to hand over power and its bunals which were established in July 19B9 continuing repression of government crit­ in order to try alleged martial law offend­ ics. In February at least 25 parliamentary ers. Such tribunals used summary trial pro­ candidates were reportedly arrested in the cedures which contravened international Yangon (Rangoon) area: it was not known fair trial standards; they could waive whether any of them were released. Thirty "unnecessary" witnesses, and defendants other political activists were arrested in had no right to judicial appeal. Those con­ April and May during the election cam­ victed were liable to one of three sen­ paign. U Hla Wai, a candidate for the tences: at least three years' hard labour, life Democratic Party for a New Society (OPNS), imprisonment, or the death penalty. was reportedly arrested at his home by 40 Among the prisoners of conscience armed security officials on the day before who were sentenced was U Thein Han, a the election. He was apparently still in lawyer and NLD candidate from Pabedan detention at the end of the year. U Nu, a Township, who was arrested in February former prime minister, and the NLD'S lead­ and sentenced to three years' imprison­ ers, Aung San Suu Kyi and Tin U, ment with hard labour. Another was 82- remained in custody throughout 1990 and year-old U 00 Tha Tun, a well-known were officially barred from participating in Arakan historian and election candidate for the elections. Many other people arrested the Arakan League for Democracy. He was in 1989 apparently remained in prison reportedly sentenced to three years' impris­ throughout 1990. onment with hard labour under Section 51} Zar Gana, a former prisoner of con­ of the 1950 Emergency Provisions Law, science, was rearrested in May apparently which prohibits promoting disloyalty to for satirizing on stage the military author­ the state. In addition, two NLD leaders, Ohn ities. He was said to have been sentenced Kyaing and Thein Dan, were sentenced to to at least five years' imprisonment and three years' imprisonment in October by a held at Insein Prison, near Yangon. military tribunal at Insein Prison. They Another prisoner of conscience, Nay Min, a had reported the alleged killings of two lawyer sentenced to 14 years' imprison­ Buddhist monks and two students by ment in 1989, was reported to be suffering security forces during a demonstration on from an acute heart ailment. Torture with 8 August in Mandalay. electric shocks may have exacerbated his The demonstration, led by monks, com­ condition. memorated mass anti-government protests Further political arrests occurred after in 1988 during which hundreds of demon­ the May election. Kyi Maung, the acting strators were shot dead by security forces. Chairman of the NLD, and the NLD'S acting At the 1990 demonstration, at least 17 Party Secretary, Chit Khaing, were arrested monks were beaten or arrested, and eight in September. They were reportedly others were shot by security forces. The accused of passing sensitive information to four alleged killings, which the SLORe unauthorized recipients, and in November denied, could not be confirmed. were both convicted of violating the 1923 Following the 1990 demonstration, Official Secrets Act. Kyi Maung was sen­ Buddhist monks in Mandalay and other tenced to 10 years' imprisonment and Chit cities refused to provide religious services Khaing to seven years. Other political for military personnel and their families, activists were arrested in September for and demanded that General Saw Maung writing, possessing or publishing anti­ apologize for the injuries inflicted on government material. Those held included monks at the demonstration. They also MYANMAR (BURMA) called for the release of all detained monks, beaten in September, when 89 inmates 165 for an accurate account of the 1990 demon­ at Insein Prison staged a hunger-strike to stration to be published, and for troops to demand a transfer of power to the elected be kept out of monasteries. In October, opposition. Nine prisoners apparently after a directive that monks must end their required hospital treatment and there were boycott had failed, the SLORC issued Order suggestions that six may have died. The Numbers 6/90 and 7/90. The first order SLORC later said that "internationally recog­ required all unofficial monks' organiza­ nized batons" were used to control the tions to disband and the second empow­ hunger-strikers, and that only three prison­ ered military tribunals to try monks. ers were "slightly injured". Between 22 and 25 October troops system­ At least one person was reported to atically searched monasteries and arrested have died as a result of torture. Maung Ko, as many as 40 monks, only one of whom - a senior member of the NLD, died in a mili­ U Laba "U Wayama" - was known to have tary detention centre near Yangon on 9 been officially identified. Troops arrested November. His family reportedly said that at least 300 other monks in the following they believed torture was the cause of his days. The SLORC then introduced decree death because his body was covered in Number 20/90, which provided for the bruises and one of his legs was broken. imprisonment of monks belonging to However, General Saw Maung denied the unofficial monastic organizations or who allegation and said that Maung Ko had criticized official monastic organizations. committed suicide by hanging himself with Official suppression of the monks' a blanket. protest was accompanied by searches of Extrajudicial executions continued to be NLD and other political party officesand the reported from ethnic minority states: gov­ arrests of more than 50 NLD leaders in late ernment troops were alleged to have delib­ October. Those held included Khin Maung erately killed civilians suspected of being Swe, Kyaw Min, Chan Aye and Soe Thein, political opponents as well as porters con­ all NLD Central Executive Committee mem­ scripted by the army. At least 100 people bers, and at least 16 elected members of the reportedly remained under sentence of National Assembly. All appeared to be death, including Moe Kyaw Thu who was prisoners of conscience. More than 40 NLD 17 years old when convicted. It was not activists were also detained, as was the known if there were any new death sen­ entire DPNS leadership, comprising at least lences imposed during the year or if any eight people. Most were believed still held executions were carried out. at the end of the year. Amnesty International pressed for the Nita Yin Yin May, another prisoner of release of all prisoners of conscience, for conscience, was sentenced in November the fa ir trial or release of other political to three years' imprisonment under the prisoners, for investigations into all reports Official Secrets Act. A Myanmar national of torture, and for the commutation of employed by the British Embassy in all death sentences. In May Amnesty Inter­ Yangon, Nila Yin Yin May may have been national published Myanmar: Prisoners of imprisoned because she was suspected by Conscience and Torture, and in November the SLORC of involvement in discussions a full report on its concerns, Myanmar: In about non-violent opposition to military the National Interest. In the e publications, rule with foreign diplomats. the organization called for urgent steps to Reports of lorture and ill-treatment of be taken to end widespread and systematic prisoners were received throughout the human rights violations by Myanmar's mil­ year from prisons in urban centres and in itary government. Amnesty International ethnic minority areas affected by armed infonned the SLORC that it wished to visit insurgency. In the latter, civilians contin­ Myanmar to discuss human rights but ued to be forcib�yconscripted as porters by· received no response. gove.mment foeces and were apparently In January Amnesty International sub­ usod as human minesweepers by troops mitted information about its. concerns in as well as to carry sup pI i-es. Consoripted Myanmar fm ' United Natiens (U1tI) review portol'll were said ID have been beaton amI... unoor a proceduror establial.led by Eco­ kicked, and some reportedly died as a nomic nd Social Council Resol utions result. 7281-/ 1503, for confidential consideration Several prisoners were reportedly I of human rights violations. In February MYANMAR (BURMA)/NAMIBIA

166 Amnesty International submitted inform­ standards. Thr. United Nations (UN) Transi­ ation about human rights abuses in Myan­ tion Assistance Group which helped to mar to the UN Commission on Human administer the independence process left Rights in both a written and an oral state­ Namibia in May. A new police force and ment to the Commission. These included army were r cruited from fo rmer SWAPO reference to its concern about the govern­ guerrillas and the former South African­ ment's fa ilure 10 investigate torture allega­ controlled security forces: some, including tions. In August Amnesty International senior officers, had allegedly been respon­ delivered an oral statement to the UN Sub­ sible for killing or torturing prisonr.rs in the Commission Working Group on Detention past. In February a 1989 amnesty law which drew attention to the continued exempting returning exiles from prosecu­ imposition of a death sentence on Moe tion for abuses committed in the past was Kyaw Thu. who was 17 at the time of the extended to South African security force offence. The SLORe responded to Amnesty personnel with respect to crimes commit­ International's reporting of human rights ted in the course of their duties before violations in Myanmar by categorically independence. denying that torture is used or that political Nine white men suspected of stealing a prisoners are held. large quantity of weapons from arsenals as part of a right-wing plot to overthrow the government were arrested between August and October. They were charged with high NAMIBIA treason and related offences. Their trial was set for early 1991. In a separate case, 15 people arrested in September were sus­ pected of politically motivated offences as they were found in possession of ammuni­ tion. They included two relatives of Hans Diergaardt, a leader of the ethnically based local administration at Rehoboth before independence, who had barricaded himself in his state-owned residence until his eviction in September. He had apparently hoped to declare Rehoboth independent from Namibia. Hans Di rgaardt's son was convicted in November and ordered to pay a fine; th others were acquitted of the same charges. Nine convicted political prisoners were Namibia became an independent republic released under amnesty decrees connected on 21 March after more than 60 years' with the independence process. Five who administration by South Africa. The Con­ were imprisoned in Walvis Bay (a South stitution abolished the death penalty and African enclave in Namibia) for public guaranteed human rights. However, there violence offences during a protest in were some reports of prisoners being tor­ Walvis Bay in June 1988 against the siting tured or ill-treated by police. Moreover, of military bases near schools in northern hundreds of people who had died or Namibia were freed by the South African "disappeared" before independence in the authorities in February. Four SWAPO mem­ custody of the South Africanauthorities in bers who did not qualify for release during Namibia or in detention camps run by the Namibia's transition to independence were South West Africa People's Organisation released soon after independence (sce (SWAPO) in Angola remained unaccounted Amnesty International Report 1990). The fo r. case of another SWAPO member was referred After multi-party elections in March, to a commission which reviewed the cases SWAPO'S leader. Samuel Shaafishuna of all prisoners and reduced the sentences Nujoma, became President. The human of many. rights guarantees of the new constitution There were dozens of allegations of tor­ broadly accord with relevant provisions of ture or ilI-tr atmenl. Some criminal sus­ the principal international human rights pects alleged they had been tortured in NAMI81A/NEPAL police stations. For example. Malakia End­ found that the policeman who shot Petrus 167 jambi, a diamond mine employee, alleged Joseph in August 1989 had acted in self­ he had been severely beaten at Oranje­ defence but the court noted that the police mund in June. The Oranjemund police had not kept proper records of the commander was subsequently charged incident. with assault but he had not been tried by At the beginning of the year 10 prison­ the end of 1990. Most complaints of torture ers were under sentence of death for mur­ or ill-treatment concerned "special consta­ der. In early March two had their sentences bles". former soldiers who had received commuted on appeal to IS-year prison minimal training before being posted as terms. The eight remaining death sentences border police. In a widely reported case in were necessarily commuted when the August, "special constables" allegedly tor­ death penalty was abolished, but by the tured two South African tourists and end of 1990 the authorities had not yet fo rced them to confess that they had been decided on substitute prison terms. spying for South Africa. One was report­ Soon after independence, and again edly beaten with a pole while suspended later in the year, Amnesty International horizontally from a tree. The "special con­ wrote to the government to call for an inde­ stables" were withdrawn in September and pendent and impartial inquiry to establish a Cabinet Committee was set up to recom­ the fate or whereabouts of people who had mend measures to prevent abuses by the died or "disappeared" or had been tortured police. The committee had not reported in custody before independence. It also publicly by the end of 1990. urged the authorities to ensure, at the very There was little progress in accounting least, that those directly responsible for for hundreds of people who had human rights abuses should not again be "disappeared" before independence, both given any authority over prisoners. In addi­ in the custody of the South African author­ tion, Amnesty International urged that ities and in SWAPO detention camps in police and military personnel should Angola. SWAPO failed to comply with a receive thorough training in human rights. Supreme Court instruction of May 1989 to In August Amnesty International pub­ account for fiveof them by December 1989 lished a report, Na mibia: the Human (see Amnesty international Report 1990). It Rights Situation at Independence, which did, however, draw up a list of over 600 summarized human rights developments missing people. A heated controversy arose since September 1989. in October over the appointment as Army Commander of a SWAPO official allegedly responsible for detaining and torturing SWAPO members in Angola. NEPAL An all-party parliamentary committee set up in June to consider how to account Thousands of government opponents were for those who had died or "disappeared" in detained during the first part of the year. custody before independence apparently Most were prisoners of conscience held held no substantive discussions. However, without trial in harsh conditions. Torture Prime Minister Hage Geingob consulted and ill-treatment were widespread until various interest groups and reported to the mid-April. Scores of people. killed when National Assembly in November. As a re­ security fo rces opened fire on unarmed sult, the National Assembly requested the demonstrators. may have been extrajudi­ International Committee of the Red Cross cially executed. The death penalty was to investigate the cases of those till unac­ abolished fo r ordinary offences. counted for in both Angola and Namibia. In February the centrist Nepali Congress Little further information became avail­ party and the communist United Left Front able about deaths in 1989 which appeared launched a largely peaceful campaign for to be extrajudicial executions (see Amnesty multi-party democracy, in defiance of a 30- International Report 1990). Amnesty Inter­ year ban on political party activity under national 1 arned in 1990 that inquests into the country's non-party panchayat (assem­ the deaths of about 300 SWAPO combatants bly) system. The campaign of strikes and killed by South African s curUy forces in demonstrations rapidly gained nationwide .... April 1989 had not found evidence of support. The authorities attempted unsuc­ :g unlawful killings. An in quest in February cessfully to suppress the protests by force: .... NEPAL

168 there were thousands of arrests and numer­ fa iled to keep records of all detainees. ous reports of torture and police attacks on and ignored the legal requirements to demonstrators. In mid-April. after scores of bring detainees before a court within 24 unarmed demonstrators were shot dead by hours of arrest. Scores of people were police in the capital. Kathmandu. King held incommunicado in unacknowledged Birendra dismissed the government. lifted detention for up to several weeks. the ban on political parties and announced Most of those charged were released the release of political detainees. A multi­ before being brought to trial. but some were party interim government was then given summary trials. In Hetauda. Man appointed to oversee constitutional reform Nath Timilsina was brought to trial in early and preparations for multi-party elections. April after spending 44 days in police cus­ tody. during which he was allegedly tor­ tured. He was unaware of the charges against him until he was met at the court by a state-appointed lawyer who reportedly told him that he was being ch arged under the State Offences Act and that any wit­ nesses he named would be tortured. He was sentenced but then released in mid­ April afterthe case was withdrawn. Thirty Christians. arrested in previous years and sentenced to up to six years' imprisonment for religious conversion or proselytization - both of which remained illegal - were released in June. after King Birendra granted an amnesty to all such detainee . Most political detainees. including Scores of detained pro-democracy some who had been imprisoned for several activists were tortured during interrogation years. were released by the end of April by police. in some cases apparently on the and all charges against them were dropped. orders of senior police officers who person­ A new constitution was introduced ally threatened detainees and their rela­ in November. which provides increased tives with death. Methods of torture human rights protection. It prohibits tor­ reportedly included electric shocks. inser­ ture. which was not previously a specific tion of pins under the finger-nails. being offence. and forbids provision for the death made to stand in cesspits, sleep depriva­ penalty under future legislation. The appli­ tion and. most commonly, severe beating cation of the death penalty under existing with lathis (bamboo canes) - including on legislation was restricted. the soles of the feet - while bound and in Over 8.000 democracy campaigners and some cases hung upside-down. Scores of sympathizers were arrested throughout people suffered broken bones as a result of Nepal between January and mid-April. such beatings. Torture victims included including hundreds of students and agri­ several Nepali Red Cross workers. who cultural workers. at least 50 lawyers. over were detained after giving medical assis­ 40 journalists. and several teachers. doc­ tance to people injured when police fired tors. nurses and paramedics. Members of on demonstrators. and several injured Amnesty International were among those demonstrators arrested from their hospital held. as were leaders of banned political beds. parties. Those detained were kept in police Widespread torture and ill-treatment custody or jails for up to four months. Most ceased after mid-April. but isolated reports were held under the Public Security Act of torture in police custody continued to be which permits detention without charge received throughout the year. or trial for up to 18 months. but others. Conditions in police stations and jails including three members of the national were harsh. During the period of mass panchayat. were charged under the Trea­ arrests. detainees were held in severely son (Crime and Punishment) Act for criti­ overcrowded conditions: hundreds were cizing the non-party system. or were kept in ad hoc detention centres such as charged with criminal offences. The police grain warehouses which were damp and NEPAljNlCARAGUA lacked sanitation. In February over 150 tional submitted and published a memo­ 169 people arrested in Chitwan were held by randum to the government, containing rec­ police for 48 hours without food or access ommendations for the prevention of further to toilet facilities in a windowless. unventi­ human rights violations in Nepal. lated room measuring about 60 square metres. Many detainees. induding torture victims. were denied proper medical treat­ ment by police and needed hospital treat­ ment after release. NICARAGUA Between 18 February and 9 April secur­ ity forces fired on unarmed. largely peace­ ful demonstrators in several areas of Nepal. injuring scores and killing at least 50 people - some reports put the number of dead in the hundreds. Many victims suf­ fered head and chest wounds. indicating that legal requirements to aim below the knee had not been met. Some of the dead may have been victims or extrajudicial execu tions. In July the death penalty was abolished for murder and subversive activities. The All remaining contra prisoners and reintroduction of the death penalty for detained fo rmer members of the National these or any other offences was prohibited Guard were released before the new gov­ under the new constitution. Legislation ernment took office in April. Two amnesty providing the deaUl penalty for espionage laws were passed effectively blocking and for attacking the royal family was not investigations into past human rights viol­ repealed. but under the new constitution ations. At least two clandestine graves existing law must be reviewed within one were discovered; a local human rights year to ensure its compliance with consti­ group claimed they contained the remains tutional provisions. induding prohibition of detainees who had "disappeared" in of the death penalty. 1982 and 1983. During the period of mass arrests, In April Violeta Chamorro, representing Amnesty International urged the panch­ the 14-party Uni6n Nacionai Opositora ayat government to release prisoners of (UNO), National Opposition Union, took conscience, charge or release other politi­ office as President after defeating President cal detainees, and investigate allegations of Daniel Ortega in February elections. torture and extrajudicial killings. The gov­ Following the election, leaders of the ernment replied that reports of arrests and Nicaraguan Resistance, an armed opposi­ deaths were exaggerated and denied that tion group commonly known as the contra. torture had occurred. agreed to an internationally supervised An Am nesty International delegation demobilization program which offiCially visited Nepal in April to investigate reports ended at the beginning of July. although of mass arrests, torture and extrajudicial weapons continued to be collected after executions. It met members of the interim that date. Contra members and their government, including several former families, many of them returning from political detainees, who stated their com­ Honduras, were to be resettled mainly in mitment to human rights protection. The rural areas whi-ch were designated "devel­ interim government established inve tiga­ opment poles". A special rural police force tions into the "loss of life" during the made up of fo rmer contra members was pro-democracy campaign, and into six established in the resettlement zones. "disappearances" which took place in Political violence increased towards the the mid-1980 (se Amnesty internatiOlw) cnd of the year. sparked off by coml'lamls Report 19aat. It ah.o stated its intentioa to frultl iormAtf conil'a members about rl9lay ratify international human rig ts treaties. in providing land. Protest actions k>ok although it had not done so by the end of th form of land seizures, hostage-taking, the year. attacks on police stations, the occupation Following the visit, Amnesty Interna- of churches, government and other public NICARAGUA

170 buildings, and road blockades. At least 25 state security, and civil and military per­ people, including police officers, were sonnel who may have committed crimes reportedly killed between October and during the investigation of such offences December. Some died in clashes between between 1979 and 12 March 1990. police and protesters; a few were killed In May a second amnesty law revoked during counter-actions by cooperativists Law 81 but granted an amnesty to anyone whose land had been occupied by former responsible fo r "political crimes or com­ contra members. mon crimes related to them" committed at In February Nicaragua signed the Sec­ any time prior to the passing of the law, ond Optional Protocol to the International including those not yet sentenced or Covenant on Civil and Political Rights detained. The two amnesty laws effectively Aiming at the Abolition of the Death Penal­ blocked investigations into past human ty. In August the government signed the rights violations, including those which Protocol to the American Convention on had been opened into a number of cases of Human Rights to Abolish the Death Penal­ "disappearances" and killings of civilians ty. It had not ratified either of these instru­ carried out by government troops in previ­ ments by the end of the year. ous years (see Amnesty International On 15 November the police arrested Report 1990). former contra adviser Aristides Sc1nchez, Several unmarked graves were found in whom the government accused of plotting areas near the Honduran border which had to destabilize the country. There were been affected by contra and counter-insur­ claims that he was subjected to psychologi­ gency activity in the past. The Asociaci6n cal pressure by police officers and forced to Nicaragiiense pro Derechos Humanos sign a letter naming people alleged to be (ANPDH), Nicaraguan Association for involved in the destabilization plot. The Human Rights, announced the discovery in authorities denied the allegations and told June of an unmarked grave in Mokor6n, a National Assembly commission looking Wiwili, containing the partial remains of at into the incident that he had been alone in least 10 people as well as items of clothing his cell when he wrote the letter. Arfstides and nylon rope of the type used to tie Sc1nchez was allowed to leave the country wrists together. The organization claimed "on humanitarian grounds" shortly after that the remains included those of seven his arrest. peasants who had "disappeared" after their Four leaders of the Sandinista-Ied arrest in October 1983. Six of them had Frente Nacional de los Trabajadores, reportedly been arrested by soldiers in a National Workers Front, were held by house in San Jos� de Bocay, not far from police for two hours on 4 July during a Wiwilf, when they tried to evade military national strike protesting against the gov­ service. The owner of the house had also ernment's economic policies. There were been detained. A forensic report on the violent clashes when armed government remains requested by the ANPDH suggested supporters tried to prevent the strike. A 17- that the cau e of death could have been year-old youth was reportedly killed when degoJ/amiento, slitting of the throat, two armed men on a motor cycle shot at a because there was no evidence of bullet group of strikers. Three other men were wounds, although not all the remains had killed in another strike incident in unclear been found. The examining doctor based circumstances. his conclusions regarding the identity of By 25 April, when Daniel Ortega left the bodies on statements by relatives, who office, the authorities had released all said they recognized some of the clothing remaining contra detainees, 39 former and gold-filled teeth also found in the National Guardsmen who had been impris­ grave. However, another human rights oned for alleged offences under the group, th Centro Nicaragiiense de Dere­ Somoza government, and some members of chos Humanos, Nicaraguan Centre for the Popular Sandinista Army accused of Human Rights, concluded that these foren­ human rights violations. Some were sic investigations were insufficient to released under the Law of General establish the time and cause of death, or to Amnesty and National Reconciliation (Law confirm the identity of the bodies. An 81), which was passed in March. This investigation was reportedly initiated by granted an unconditional amnesty to all the military authorities but the results were those who had committed crimes against not known by the end of the year. NICARAGU.A/NIGER

In August reports emerged of the dis­ fa te of those who "disappeared" in previ­ 171 covery of another unmarked grave in Murra ous years after their abduction by either the containing 16 skulls, some of them with military or the contra. No response was bullet holes, and other human remains and received. clothing. Identity cards from an agricult­ ural workers' union were also said to have been found. The cards belonged to six members of a group of 14 evangelists who NIGER were reportedly arrested in April 1982 by government troops. They were reportedly detained when they left a Sunday religious gathering after receiving a message sum­ moning them to a meeting. The arrests were never acknowledged. The grave was said to have been discovered a few days after the men's alleged arrest but its exis­ tence was not made public until after the change of government because of fear of reprisals. Relatives of the six people whose identity cards were found, and of four oth­ ers, said they recognized pieces of clothing or other items found in the grave as belong­ ing to the missing detainees. Amnesty International was investigating the cases of the unmarked graves. The Hundreds of people belonging to the organization was concerned that full and Tuareg ethnic group were arrested, tor­ effective investigations should be carried tured or extrajudicially executed. Some out by the authorities, with the collabo­ of those held appeared to be prisoners ration of forensic anthropologists, to of conscience. Others reportedly died in determine the identity and fate of those detention as a result of torture or ill-treat­ who died, and to bring to justice those ment. At least three students were shot responsible. dead when the security fo rces opened fire On 11 April Amnesty International on a peaceful demonstration. wrote to President Ortega expressing con­ There were calls for the introduction of cern that Law 81 would block investiga­ a multi-party political system and in tions into extrajudicial executions and November the government announced the "disappearances". The outgoing President end of the one-party state set up in 1989. of the official National Commission for the Multi-party elections were scheduled for Promotion and Protection of Human Rights 1992. replied shortly afterwards stating that the Tension between the government and Commission was opposed in principle to the Tuareg community erupted into viol­ amnesty laws but that Law 81 should be ence in May when an armed group of seen in the context of reconciliation in that Tuareg attacked a prison and police station it favoured not only army personnel but at Tchin-Tabaraden, killing three officials also members of the contra involved in and three civilians. Government troops serious crimes. The Commission denied who were sent to the area attacked Tuareg that the law was an invitation to impunity, encampments and were reported to have pointing out that the Sandinista Govern­ committed hundreds of extrajudicial exe­ ment had made efforts to punish members cutions. The victims included children. of the army responsible for human rights Two Tuareg prisoners were reportedly shot violations. dead by soldiers in the centre of Tchin­ In a letter to President Chamorro in July, Tabaraden on 7 May. At least two other Amnesty International reiterated its con­ Tuareg were said to have died in Tchin­ cern about the blocking of investigations Tabaraden on the same day, and other into human rights violations fo llowing the Tuareg were summarily killed at Gharo and passing of a second anmesty law in May. In Gal. At Tilia, at least 25 people were It also requested information about steps said to have been extrajudicially executed .... :g being taken by the authorities to clarify the including Hamazoutou Ag Na·issoun. .... I NIGER/NIGERIA

172 Hundreds of Tuareg were arrested. with officers were reportedly arrested. A magis­ about 500 reportedly detained in the trate was appointed to investigate. but his Tahoua area alone. The arrests had begun findings were not made public by the end in mid-March. when at least 28 people. of 1990 and no one was brought to trial. including Attawa Egour and Karimoun Amnesty International expressed con­ Matachi. were arrested in If rouane and cern to the government about the allega­ Agadez area. They were reported to have tions of torture and extrajudicial execu­ been stripped naked. beaten and subjected tions of Tuareg. and called for an urgent to electric shock torture while in custody. inquiry. It also called for the release of all Among those arrested in May were those held solely on account of their ethnic prominent members of the Tuareg com­ origin or non-violent opinions. In response. munity such as Abdoulahi Mohamed. a for­ the government denied the use of torture mer government minister. and Khamed and extrajudicial executions. saying that all Ibrahim El Moumine. a village lead r. 63 people who had been killed had died in Some appeared to be prisoners of con­ clashes b tween armed Tuareg and the science. detained because of their position security fo rces. The government said no in the community rather than fo r any prisoners or unarmed civilians had been involvement in the violence. At least eight killed by soldiers. and refused to invest­ of the detainees. including Abdoullatif igate specific cases in which torture or Mohamed. were transferred to Niam 'y after extrajudicial executions were alleged . The reportedly being tortured in Tahoua. Oth­ government also invited Amnesty Interna­ ers were moved to Bilma and Nguigmi. tional to visit Niger: such a visit was where 93 were apparently being held in arranged for November but then delayed at May. as well as to Tillab6ry and Kollo. short notice at the government's request. It Seven of the eight detainees moved to was expected to take place early in 1991. iamey were reportedly rei ased by the Following the February shootings. cnd of August: the eighth was moved to Amnesty International called fo r an official Kollo prison. However. the authorities later investigation and urged the authorities to aid that 70 others were to be charged with ensure that standing orders issued to secur­ state security offences and would remain ity fo rces concerning the use of live ammu­ in custody to await trial. Non had b en nition conformed fully to international brought to trial by the end of the year. standards. Many of thos arrested in May were reported to have b en tortured in Tahoua military barracks. People were said to have heard screams from the barracks and at least four prisoners reportedly died in cus­ NIGERIA tody. They included Abdoulmoumine Ag Mohamed. a teacher. and Mouhamadou Ag Abdourabahi. known as "Daragat". Onc for­ mer prisoner all ged in a rad io interview that he and his relatives had been tortured in Tahoua barracks and that his brother and other relatives had died. Earlier in the year. at least three school students were shot dead in Niamey in Februarv when security forces opened fire on a student demonstration against govern­ ment plans to reduce student grants and re trict civil service recruitment. Two uni­ versity lecturer were detainod but released uncharged aftor five days. One. Saooussi Jackou. was 11 former prisoner of con­ Sel ReO. Prcsid lit Ali Sa'jbou publ' ly Over 120people were MeOlIteci. inclvding apmogiz cl for th.. 'Stu dcnts· athi. and an 69 soldiers sentet1ced to death after!lecr t, inquiry was announcod. S vera I seRiol' unfair trials for alleged involvement in a government officials JC igl1ed or were coup attempt in April. At least 106 pris­ dismissed and a number of junior police oners were sentenced to death during NIGERIA

the year: 72 after being convicted of senior military officers and presided over 173 involvement in the attempted coup, and by members of the government. in most the rest after being convicted of murder cases by Major-General Ike Nwachukwu. A or armed robbery. Over 60 civilians, de­ member of the AFRC. he had been Minister tained without charge or trial fo llowing of External Affairs until D cember 1989. the coup attempt, were prisoners of con­ and was reappointed to this pOSition in science: most were released but at least September 1990. Defendants had no right nine were still held at the end of the year. of appeal. Their only recourse was to apply Harsh prison and detention conditions for clemency to the Joint Chiefs of Staff. continued to be reported. whose recommendations would be con­ Hundreds of soldiers and civilians were sidered by the AFRC. detained fo llowing an attempt on 22 April Journalists. academics and religious to overthrow the government. the Armed leaders were among at least 50 civilians Forces Ruling Council (AFRC). At least who were detained without charge fo llow­ nine soldiers and an unknown number of ing the attempted coup. Many were civilians were reportedly killed in the detained after publishing articles or speak­ coup attempt. which was led by Major ing publicly about the coup attempt. in one Gideon Orkar. In a radio broadcast before case apparently after calling for the rebels his capture. he claimed to represent the not to be executed. Most were released interests of people from central and uncharged within six weeks. However. southern Nigeria against domination by three university lecturers - Omotoye northerners. Olorode. Idowu Awopetu and Obaro Ikime Following the coup attempt. the govern­ - were held uncharged for three months ment said that 863 soldiers and civilians and subsequently dismissed from their had been tried by a special military court posts. although their interrogation in between May and July and that 764 of them detention apparently focused on their had been acquitted and released. A further political views rather than any involve­ 38 people were tried and convicted in ment in the coup attempt. September. Of the 72 people sentenced to At least nine relatives of people sought death. 42 were executed on 27 July. includ­ by the authorities in connection with the ing Major Orkar and nine other officers; 27 coup attempt were reportedly still detained more were executed on 13 September. The without charge or trial at the end of the executions were carried out the day after year. They included two sisters of a busi­ the court's verdicts were submitted to the ness executive who was wanted by the AFRC fo r approval. On both occasions. the authorities for allegedly financing the coup sentences were not announced until after attempt. They appeared to be detained the executions had been carried out. The solely because of their family ties and were AFRC was believed to have commuted believed to be held under the 1984 State three death sentences. The military court Security Decree. This decree had been sentenced 18 defendants. including three amended in January to empower the Chief Civilians. to prison terms; the AFRC subse­ of General Staff to order the indefinite quently reduced some of the sentences and detention without charge or trial of anyone ordered the release of two people sen­ suspected of threatening national security. tenced to life imprisonment. and to provide for review of all detentions The trials were unfair. The defendants within six weeks by a committee headed were detained incommunicado prior to the by the Minister of Justice. trial and there were allegations that some There was an increase in the number of were tortured or ill-treated. Defendants people reported to have been sentenced to were not permitted defence counsel of death or executed for criminal offences. their choice. but were represented by mili­ During 1990 at least 34 people were sen­ tary officers. It was not clear whether they tenced to death for murder or armed rob­ had sufficient time to prepare their bery and at least 52 criminal prisoners defence. The Special Military Tribunal. a were executed. Most executions were car­ Court srt up in 1986 fo llowing a previous ried out in public by firing-squad. All of coup attempt. tried the cases in campra. the executed criminal prisoners appear d and details of the proceedings were not to have been convicted by Robbery and available. The court could not be consid­ Firearms Tribunals. special courts from ered independent: it was composed of which there is no right of appeal and NIGERIA/NORWAY

174 whose procedures do not ensure fair trial. included reference to its concerns about Death sentences continued to be passed the imposition of the death penalty on on defendants under the age of 18 at the juveniles in Nigeria. time of the offence. Five men aged between 17 and 21 when they were arrested in 1983 were reportedly sentenced to death in December fo r murder and armed robbery. NORWAY In July the Military Governor of Lagos State refused to commute the death sen­ tences on 12 young men convicted of armed robbery in 1988, although one was revealed after the trial to have been 14 years old at the time of the offence and Lagos State's own Justice Department had said that an appeal court would have overturned the convictions (see Amnesty International Report 1989). One of the prisoners, Mohammed Ibrahim, died in December from pulmonary tuberculosis, apparently as a result of harsh prison con­ ditions and medical neglect. There continued to be a high incidence of prison deaths due to malnutrition and lack of medical care, particularly among One prisoner of conscience, a consci­ prisoners awaiting trial. In March the judge entious objector to military service, served in a Robbery and Firearms Tribunal in Oyo a three-month prison sentence. Two State expressed concern that seven of the people were convicted of making fa lse 29 defendants in onc case, most of whom statements against the police, related to were in their twenties, had died in Agodi their allegations of ill-treatment. Prison, Ibadan, before they could be On 13 February the government signed brought to trial. the Second Optional Protocol to the Inter­ In November President Ibrahim national Covenant on Civil and Political Babangida ordered the release of 11 senior Rights Aiming at the Abolition of the Death electricity employees serving sentences Penalty; it had not yet been ratified by the imposed for conspiring to interfere unlaw­ end of the year. fully with power-generating equipment Tore Guneriussen was imprisoned in and inducing others to do so during a February for 90 days because of his refusal, strike in 1988 (sec Amnesty International based on his political beliefs, to perform Reports 1989 and 1990). military service. Norwegian legislation at Amnesty International expressed con­ the time only accepted absolute pacifist cern to the government about the use of the convictions as acceptable grounds for death penalty and appealed for the com­ exemption from military service. In June mutation of all death sentences. The organ­ parliament adopted a new law, to come ization was particularly disturbed by the into effect in January 1991, extending the speed with which prisoners sentenced in right of conscientious objection to those connection with the coup attempt were refusing to perform military service on the executed after having been tried unfairly grounds of their opposition to nuclear and denied any right of judicial appeal. weapons. Amnesty International also pressed for the Two people, who had alleged that they release of prisoners of conscience and for were ill-treated by police officers in Bergen all other political detainees to be brought to in previous years, were convicted of mak­ trial promptly and fa irly on recognizably ing fa lse statements and given suspended criminal charges or released, and urged sentences. Some 140 people had reportedly that all deaths of prisoners be officially made allegations of police misconduct to a investigated. police inquiry in Bergen in 1987. In one In an oral statement to the United case the inquiry proposed that a police Nations Sub-Commission working group officer be fined. The other cases were dis­ on det�ntion, Amnesty International missed for various reasons. The Bergen NORWAY/pAKISTAN

District Attorney subsequently initiated promulgated ordinances affecting the 175 investigations into 50 of the 140 people application of the death penalty and who had made allegations to the inquiry. extending its scope. No executions were Fifteen of them, including the two con­ reported. victed in 1990, were charged with making President Ghulam Ishaq Khan dis­ fa lse statements against the police. One missed the government of Prime Minister died before the court hearing took place Benazir Bhutto in August and dissolved and two cases were dropped by the prose­ the national and provincial assemblies. A cution. Nine people were convicted in state of emergency was declared but no 1989; eight of them were imprisoned for emergency legislation was promulgated. between two and seven months, and one An interim government was appointed was fined. One person was acquitted. until elections in October, which were won In 1989 and 1990 an Amnesty Interna­ by the [slami Jamhoori Ittehad (1)1), Islamic tional delegate observed the trials of two Democratic Alliance. Mian Nawaz Sharif people charged with making false state­ became Prime Minister in November and ments. In December Amnesty International the state of emergency was then lifted. wrote to the government expressing con­ Criminal and ethnic violence continued cern that the criminal investigation and in Sind province, where hundreds of prosecution of people who made com­ people were killed. In February rivalry plaints about ill-treatment could act as a between the ruling Pakistan People's Party deterrent to others with similar complaints. (ppp) and the opposition Mohajir Qaumi The organization recognized that some Mahaz (MQM), Mohajir National Movement, complaints might be exaggerated or untrue led to conflict in Karachi in which support­ and that police officers were entitled to ers of each group kidnapped, imprisoned, protection of their reputations. However, it tortured or killed members of the other. An urged the government to take any neces­ exchange of prisoners was negotiated by sary steps to ensure that those with gen­ the army. The alliance between the two uine complaints about police ill-treatment parties had ended in November 1989. should not be deterred from making them. Shortly after the dismissal of the ppp Amnesty International also called for government in August investigations led to the release of imprisoned conscientious charges of corruption against former prime objector Tore Guneriussen. minister Benazir Bhutto and several of her former ministers. Their trials - which took place before a court which was empowered to disqualify them from public office but PAKISTAN not to imprison them - were not completed by the end of the year. Benazir Bhutto's husband, Asif Ali Zardari, was arrested in October and charged with several offences. including involvement in a kidnapping case. Several aides and associates of former prime minister Benazir Bhutto and her husband were detained without charge or trial in Karachi under the Maintenance of Public Order Ordinance (MPO), apparently in connection with the investigations into corruption. They included Ahmed Fahim Moghul, a former private secretary to Benazir Bhutto, who was released after spending over 40 days in custody. The Sind High Court ruled that some of Scores of people arrested fo r non-violent these detentions were unlawful: criminal political or religious activities were pris­ charges were then brought against those oners of conscience. Most were released held, who remained in custody until grant­ after short periods. Torture was wide­ ed bail. Other PPP members were detained spread, and reportedly caused the deaths under the MPO in the interior of Sind dur­ of at least 24 prisoners. The President ing the pre-election period. Most were PAKISTAN

176 released within a few weeks, either uncon­ when charges against him of sedition and ditionally or on bail after criminal charges desecrating the national flag were with­ were brought against them. drawn. He had been held since October Both under the ppp government in June 1989 (see Amnesty International Report and under the IJI government in December, 1990). Others facing charges in the same the Sind provincial authorities allegedly cases were released on bail, some before arrested hundreds of political opponents and others after the change of government. during a campaign against crime. In some Information was received in 1990 of the cases, members of the ppp arrested after the release from Karachi Central Jail in July change of government were repeatedly 1989 of a political prisoner who had been charged with offences which could not be held in unacknowledged detention without substantiated, and then placed under 30- charge or trial for over four years. Rahmat­ day detention orders under the MPO. For ullah had been arrested by police and army example, a former member of the National personnel in December 1984, and was Assembly, Afaq Shahid, was arrested in released fo llowing the filing of a constitu­ November and charged with three criminal tional petition on his behalf in the Sind offences in turn; each new case was High Court. brought against him after he had been The torture of criminal and political cleared of the last, with the effect that he suspects continued to bo reported through­ remained in police custody continuously out the year. In over two dozen reported and was still held at the end of the year. A cases, torture allegedly caused the death of PPI' member of the Sind provincial assem­ the prisoner. The true number of deaths in bly, Manzoor Hussain Wasan, was held in custody resulting fromtorture was believed unacknowledged detention for over one to be higher. In December five people were week in December. During this period the reported to have died in the custody of the Chief Minister of Sind denied his arrest. Criminal Investigation Agency in Karachi After his detention was challenged in the in the previous few weeks, allegedly as a Sind High Court, criminal charges were result of torture. Most reports concerned brought against him. torture in police custody, including the The MpO empowers the authorities to rape of women prisoners, but thero were detain prisoners without trial for up to also allegations of torture by the paramili­ three months if they are considered to be tary Rangers in Karachi and by prison staff "acting in any manner prejudicial to public in both Punjab and Sind provinces. In safety or the maintenance of public order". Karachi, Sind province, Abdul Rehman Under Article 10 of the Constitution, a Thebo, a student of engineering accused review board can extend such detentions of illegal possession of arms, required hos­ up to a limit of eight or 12 months, pital treatment after he was reportedly tor­ depending on the grounds for detention. tured by Rangers in January. His injuries, Members of the Ahmadiyya community including multiple bruises and abrasions, continued to be arrested for the peaceful substantiated his allegation that he had expression of their faith, and at least 13 been stripped, lashed and beaten on the were sentenced to terms of imprisonment. soles of his feet and elsewhere, and had In Abbotabad, North West Frontier received electric shocks to his genitals. Province, a group of 12 Ahmadis, five of Two women, one of whom was deaf and whom were arrested, faced criminal dumb, were reportedly raped in August by charges and a possible prison sentence for prison officers at Sheikhupura District Jail, holding a prayer meeting in a private house Punjab province. After a local human in January. They were released on bail in rights organization filed a writ petition, the late April. Their trial had not started by prison officers were charged and trans­ the end of the year. In Multan, Punjab ferred from Sheikhupura District Jail. province, two Ahmadi brothers, Muham­ Inquiries into several cases of alleged mad Hanif and Muhammad Ahsan, were torturo were announced. Some poHce each sentenced to six years' imprisemment officers were apparently charg�d. in con­ and- a fine for offonces ronnecteQ with noction wHh tm, tortum Gf prisoners, but pr�hing their fa ith. none was kngwlI to have �n. brought to G.M. Syed, the 87-year-old leader of the trial. Sind National Alliance, was released by Sentencos of lashing continued to be the interim government in September imposed for crimes including rape and the PAKISTAN possession of illegal drugs. In July police in days; they must then be approved by the 177 Lahore, Punjab province, reportedly took National Assembly or promulgated again. 18 men to a mosque and lashed them pub­ At least 52 people were sentenced to licly, without sentence having been passed death for murder. At least nine death sen­ by any court. The 18 had been arrested for tences were passed by Special Courts for watching pornographic films. They were the Suppression of Terrorist Activities, the moved to jail the fo llowing day. procedures of which do not wholly con­ Dozens of men, women and children form to international fair trial standards. were reportedly extrajudicially exe uted in No executions were reported. May at Pucca Qila in Hyderabad, Sind Amnesty International pressed for the province, when police opened fire on a release of prisoners of conscience, includ­ procession of apparently unarmed protest­ ing Ahmadis charged in connection with ers who were defying curfew regulations. the practice of their faith, and sought The demonstrators were demanding the information about government opponents withdrawal of police from the area, which detained without trial, both before and is inhabited by ethnic Mohajirs, and were after the change of government. It called for protesting that they had been deprived of the abolition of whipping and, following water for over 28 hours. The government the reported extrajudicial executions in announced in May that a judicial inquiry Hyderabad in May, asked for details of the would be held into the recent violence in composition and terms of reference of the Sind province, which would include inves­ inquiry announced by the government. tigation of the Hyderabad killings. Howev­ It also urged the authorities to ensure er, its work was reportedly hampered by that police were instructed to observe lack of cooperation from the parties international standards relating to the use involved. It recommenced in November of lethal force as a means of preventing after the change of government, and was possible extrajudicial executions. No not completed by the end of the year. replies were received to specific requests The President promulgated three ordi­ for information. nances which affected the application of Following the change of government, the death penalty, and a fourth which rein­ Amnesty International expressed concern troduced Special Courts for Speedy Trials that members of the outgoing administra­ with the power to sentence convicted pris­ tion might be tried and imprisoned for oners to death. Ordinances promulgated in political reasons under the Holders of Rep­ August and September removed the pow­ resentative Offices (Punishment for Mis­ ers of the President and provincial gover­ conduct) Order of 1977, noting that it lays nors under the Pakistan Penal Code to down procedures which fa ll short of inter­ commute death sentences for murder with­ national fair trial standards. In the event, out the consent of the victim's heirs. They this legislation was not used in the corrup­ also enabled relatives of the victim to tion cases against former ministers. accept compensation from the murderer. Amnesty International submitted a The third ordinance, issued in December, memorand urn on its concerns to the federal made kidnapping for ransom an offence and provincial governments in April, and punishable by death. published the memorandum in May. Special Courts for Speedy Trials, which Among its recommendations to the govern­ can condemn prisoners to death after trials ment the organization urged the review lasting only a few days, were reintroduced and limitation of powers for administrative through an ordinance promulgated in detention and the implementation of effec­ August. These courts, formerly in opera­ tive afeguards against torture. It again sub­ tion from 1987 to 1989, have jurisdiction mitted its concerns and recommendations Over crimes which provincial governments for improved human rights protection fol­ deem "gruesome, brutal and sensational. .. lowing the formation of Prime Minister or shocking to public morality". or which Nawaz Sharif government. had "led to public outrage". Their proce­ dures do not wholly conform to interna­ tional fair trial standards. Prisoners convicted and sentenced by these courts retain the right of appeal. Ordinances remain in force for 120 PANAMA

178 arrests were reportedly carried out by us troops and the restructured Panamanian PANAMA security forces. Those arrested included leaders of political parties and trade unions which had supported General Noriega. those believed to have been Dignity Battal­ ion activists and journalists allegedly arres­ ted solely for having written articles critical of us policy in Panama or the .. . administration of President Guillermo . .. Endara Galimany. President Endara had been inaugurated during the invasion on the grounds that he had been the fro nt­ runner in the May 1989 elections before General Noriega declared them invalid. Several thousand prisoners detained by Reports were also received that liS United States (us) troops after the us mili­ troops may have used excessive force and tary invaded Panama in December 1989 not taken adequate care to avoid injuring were in custody at the beginning of 1990. civilians during military operations. lead­ They were reportedly held without legal ing to unwarranted deaths of non-combat­ counsel or access to fa milies in conditions ant civilians. particularly in neigh­ which many described as severely over­ bourhoods believed to be Dignity Battalion crowded and lacking sufficient fo od and strongholds. Allegedly. many victims were medical care. Many were released within buried in mass unmarked graves in order to weeks or months. However, some were conceal the number of ivilian casualties; transferred to Panamanian prisons on some of the victims may have been extraju­ criminal charges, including corruption, dicially executed. money-laundering and drug-trafficking. Prisoners transferred to the custody of Prison fa cilities, particularly medical care, the Panamanian authorities during 1990 were reportedly insufficient and there included journalist Escolastico Calvo. who were complaints of delays in legal pro­ managed the government-controlled media ceedings and inadequate access to legal under General Noriega. His detention at a counsel. us military base in December 1989 was ini­ In November Panama signed the proto­ tially denied. but his fam ily eventually vis­ col to the American Convention on Human ited him there. He complained of olitary Rights to abolish the death penalty. confinement, not receiving medicines fo r Many of those in detention at the begin­ diabetes. and being kicked by his guards. ning of the year were members of the Pana­ In February he was transferred to a Pana­ manian Defence Forces ("OF), loyal to manian prison on what the authorities said former de fa cto ruler Defence Forces' Chief were criminal charges. and in March to Brigadier General Manuel Noriega. Other hospital for an operation. He was taken detainees were members of the civilian from hospital shortly afterwards by police adjuncts to the PDF organized by General officers. but fo llowing international protest Noriega. known as the Dignity Battalions. he was returned fo r further care. His fa mily some of which had offered armed resis­ repeatedly complained about his medical tance to the us invasion. llS troops also care; the government insisted it was ade­ detained residents of poor neighbourhoods quate. In November he was released with­ where support for the Dignity Battalions out explanation. was believed to be strong. In April Panama's National Assembly After initially seeking asylum in the voted to appoint a special prosecutor to Papal Nunciature. General Noriega was probe the 1985 murder of Or Hugo taken into custody by llS troops in January Spadafora. a former vice-minister of health 1990; he and several associates were whose decapitated body was fo und in 1987 detained in the United States of America just over the border with Costa Rica. High­ on criminal charges related to drug­ level Panamanian officials had repeatedly trafficking and money-laundering. charged that General Noriega ordered the In the months fo llowing the invasion. I'DI' to kill Or Spadafora (see Amnesty inter­ further large-scale. frequently short-term. national Reports 1985. 1988 and 1990). PANAMA/PAPUA NEW GUINEA ln December the Panamanian authorities executions of Father Nicolas Van Kleef 179 announced charges against General Noriega during the 1989 elections. and of I'DI' mem­ and 11 other people, including senior mili­ bers after a coup attempt in October 1989 tary officials of his administration, for Dr (see Amnesty International Report 1990). Spadafora's murder. In July the government expressed its will­ In June a us soldier was convicted of ingness to discuss Amnesty lnternational's murdering a Panamanian woman during concerns regarding conditions in Panama­ the invasion and sentenced to seven years ' nian prisons; other officials maintained imprisonment by a us military court. Along that the new government was doing its best with two other soldiers, he had been to improve "inherited" facilities. accused of staging an exchange of fire fo r purely personal reasons, in which the woman was killed. The soldiers had appar­ ently intended to use the staged fight as an PAPUA explanation for the loss of a pistol. NEW GUINEA [n October Panamanian newspapers announced the arrest of a former I'DV mem­ '''. ber, the 10th person to be detained in con­ nection with the murders of a us citizen and a Panamanian. The victims had been seized and extrajudicially executed in the course of the invasion, reportedly in a '. combined I'DF-Dignity Battalion operation. ' , 't.•• . , , ,..' "'"" ' 1. ...,/ Amnesty International wrote to Pana­ .. . manian authorities including President Endara, with copies to us officials, urging the new government to investigate human rights violations reported under the pre­ vious administration and subsequently. Dozens of people suspected of supporting Amnesty International asked how many an armed opposition group on the island prisoners remained in detention in the of Bougainville in North Solomons aftermath of the invasion, the specificlegal Province and several criminal suspects basis for their detention and the pro­ in other parts of the country were tortured cedures implemented to ensure that all of or ill-treated by government security them were treated in conformity with inter­ fo rces. At least nine people were killed in national standards, particularly regarding apparent extrajudicial executions on prot ction from physical or mental ill­ Bougainville. some after torture or ill­ treatment. The organization urged that treatment by government fo rces. The gov­ care should be taken to ensure that crimi­ ernment announced plans to draft nal charges were not being used to mask legislation to restore the death penalty for political persecution of General Noriega's wilful murder. supporters. In that context, any penalties Armed conflict between government imposed should be appropriate to the forces and the Bougainville Revolutionary alleged offences, otherwise the punish­ Army (BRA), which began in 1989. contin­ ments could be seen to be politically moti­ ued until mid-March when all government vated. The organization also requested troops were withdrawn from Bougainville details of any investigations initiated into and the state of emergency there was "disappearances" and extrajudicial execu­ ended. This followed the signing of a tions reported under the previous adminis­ cease-fire agreement on 2 March. The BRA tration, and regarding those held prior to sought Bougainville's independence and General Noriega's overthrow. financial compensation for land occupied In April President Endara responded to by a copper mining company and for a number of the issues raised by Amnesty resulting environmental damage. International, stating his administration's There were widespread reports that BRA commitment to human rights. The Presi­ forces committed acts of violence. includ­ dent outlined judicial proceedings initiated ing the torture and killing of civilians. both with respect to certain cases reported prior before and after the withdrawal of govern­ to the invasion, including the extrajudicial ment troops. BRA forces were said to be PAPUA NEW GUINEA

180 responsible for a raid on the Kuveria jail officers before a crowd of onlookers. No complex in January which left four prison disciplinary action or prosecutions were officers and two civilians dead. On 17 known to have been initiated against the May an interim government fo rmed on police officersal legedly responsible. Bougainville with BRAbacking unilaterally At least nine people were killed in declared the island's independence. Fol­ apparent extrajudicial executions on Bou­ lowing talks with representatives of this gainville, some of them after torture or ill­ government in early August, the national treatment. PNGDF soldiers reportedly beat government agreed to restore essential ser­ and then shot dead Kevin Kokiai Lalai vices to Bougainville as soon as possible in custody on 25 January. The military and without resort to force. However, there authorities said that he had been shot w r renewed clashes between BRA and while trying to escape but a post-mortem government forces beginning in September report found multiple bullet wounds and and both the resumption of services and evidence that he had been shot from the negotiations over Bougainville's political front, not while running away. It was status were postponed. reported that Kevin Kokiai Lalai had previ­ Reported human rights violations by ously been ill-treated in December 1989 by members of the security forces on police and soldiers, and again on 17 Jan­ Bougainville were not systematically inves­ uary, when soldiers and prison warders tigated. The Supreme Court initiated pro­ assaulted several people whom they sus­ cedures to streamline the hearing of pected of involvement in the attack on human rights cases before the courts but Kuveria jail. by the end of the year no cases from The government announced plans in Bougainville had been heard. June to draft legislation to restore the death Papua New Guinea Defence Force penalty for wilful murder but the proposed (PNGDF) soldiers and members of police riot legislation had not been introduced by the squads ill-treated or tortured dozens of end of the year. Bougainvilleans and reportedly threatened Amnesty International several times some with death. Most of the victims were expressed concern to the government suspected members or sympathizers of the about reported human rights violations BRA and included journalists, medical pro­ on Bougainville and continued previous fe ionals, government workers and local efforts to engage the government in con­ villagers. structive dialogue about the protection and In February four PNGDf' soldiers beat and promotion of human rights. In April an stabbed Wilfred Seam us, a Bougainvillean, Amnesty International delegation visited after abducting him and taking him to an the country for 10 days. Despite repeated army barracks in Port Moresby. The sol­ efforts both before and during the visit the diers reportedly tied his hands, blind­ delegation was unable to meet any govern­ fo ld d him and told him to sit on the ment ministers or military authorities. The ground. They kicked him repeatedly in the organization expressed concern about the head and joints and stabbed him in the government's plan to draft legislation arms until an off-duty soldier intervened. restoring the death penalty. The govern­ Government authorities confirmed that the ment acknowledged some of Amnesty beating had taken place and said that a full International's communications but pro­ investigation would be set up. To Amnesty vided no substantive response to the con­ International's knowledge, however, those cerns raised. responsible had not been brought to justice In an oral statement to the United by the end of the year. Nations Commission on Human Rights in Some criminal suspects were also February, Amnesty International included reportedly ili-treated in police custody. In reference to its concerns about torture in one case, three young men detained in con­ police and military custody in Papua New nection with a series of robberies in Febru­ Guinea. In November Amne ty Interna­ ary were said to have been paraded around tional published a report, Papua New town on a truck with slogans such as "Pigs Guinea: Human Rights Violations on for Sale", "Dogs" and "Criminals" hung Bougainville, 1989-1990. It documented 19 from their bodies. Witnesses said that the apparent extrajudicial executions and detainees, whose hands were tied, were hit dozens of cases of torture and ill-treatment over the head with gun butts by police by government forces; it also examined the PAPUA NEW GUINEA/PARAGUAY

evidence of abuses by opposition fo rces. personnel. sometimes operating in con­ 181 The organization pressed for thorough junction with armed civilians reportedly investigations into the reported abuses. A paid by landowners. In many cases forcible draft version of the report was sent to the expulsion was accompanied by mass government in September. arrests, sometimes without judicial order, and torture or ill-treatment of detainees. The majority of detainees were released without charge or trial after weeks or PARAGUAY months in custody. In January some 120 fa milies were forcibly expelled from land they had been occupying since 1986 in Curepi-cue,

.. Naranjito, San Pedro department. A group of about 15 armed civilians, believed to have been hired by the landowner. burned the peasants' huts and destroyed their belongings. before forcing several of the peasants on to lorries and driving them to a police post in General Resquin. During the journey at least two of the peasants were said to have been beaten. The peasants were handed over to the local police chief who reportedly held them for over 12 hours before releasing them without charge. Members of peasant communities involved The department of Alto Parana border­ in land disputes were detained in increas­ ing Brazil was one of the areas most affect­ ing numbers. Many were held without ed by violence in the context of land charge or trial for several weeks and some conflicts. Peasants detained during expul­ were ill-treated or tortured. Criminal sus­ sions and held in regional prisons repeat­ pects, including minors, were tortured or edly complained about conditions of ill-treated by police officers while in cus­ detention and ill-treatment by prison staff. tody. Little progress was made in judicial In June 132 detainees held in the prison at investigations into past human rights viol­ the regional governmental headquarters in ations. Two convicted criminals were sen­ the provincial capital. Ciudad del Este, tenced to death, although the last sent an open letter to judicial and congres­ execution took place in 1928. sional authorities denouncing police tor­ In March Paraguay ratified the United ture of prisoners. They accused the police Nations Convention against Torture and of using methods such as beatings. near­ Other Cruel, Inhuman or Degrading Treat­ asphyxiation, high-pressure water hoses ment or Punishment and the Inter-Ameri­ directed into the mouths of prisoners and can Convention to Prevent and Punish electric shocks. An investigation of the Torture. prisoners' complaints was publicly an­ In November President Andres nounced by judicial officials, but it was not Rodriguez vetoed a bill passed by Congress known whether it had been initiated by the which had proposed establishing a bi­ end of the year. cameral human rights commission mandat­ In some instances peasants were arbi­ ed to investigate past and future human trarily detained and ill-treated by police rights violations. forces with the apparent intention of pre­ The unprecedented wave of land occu­ empting po sible land occupations. In pations whicn fo llowed the change of gov­ October a group of 130 peasant fa milies ernment in 1989 continued throughout were reportedly arrested without judicial 1990. Hundreds of landless peasant fa mi­ order in HIi Caj6n. Ntiranjito. Itapua depart. lies invaded -large landholdings, 'O&m. the . ment. The peasruUs had been camped for property of &Osentee landowners, truough. over one year outside a 'Property they had out the country. Do:rens of p asanl commu­ formally requested be expropriated in their nities attempting to establish land claims fa vour. Several of the peasants, men and were violently expelled by army and police women, alleged that the police had beaten PARAGUAY/pERU

182 them with rifle butts during the operation during a strike at the Itaipu hydroelectric to expel them from their camp. dam project in December 1989 (see In November the director of the Amnesty International Report 1990). The Emboscada juvenile detention centre army officer who commanded the opera­ testified before the human rights commis­ tion to break up the strikers' demonstration sion of the Chamber of Deputies (the lower was suspended from duty immediately fol­ house of Congress). According to the lowing the incident, pending results of the prison director, a 16-year-old youth had investigation. However, in May he was pro­ been tortured in Lambare police station, on moted by Congress. the outskirts of Asunci6n. He stated that At least two people were sentenced to the boy had been beaten and kicked by death in separate cases in September; one police as a result of which he had suffered for parricide and the other for homicide a hernia and sustained injuries to his arms during an armed robbery. However, since and legs. In December several inmates of 1928 death sentences imposed by trial Emboscada prison testified before a crimi­ judges have been commuted on appeal, nal court judge investigating allegations of generally to 30 years' imprisonment. the ill-treatment of minors by police and Amnesty Internationalurged the author­ anti-narcotics personnel. A 17-year-old ities to introduce measures to prevent the youth told the judge that he had been arres­ use of torture and ill-treatment. The organ­ ted in July and held for two days in the ization expressed its concern about report­ Departamento de lnvestigaciones de la ed attacks on peasant communities and Policia (DlPC). Police Investigations Depart­ ill-treatment of peasants and called for fu ll ment, and that he had been beaten with and impartial investigations. It also reiter­ truncheons and subjected to electric ated the principle that all past human shocks. rights violations should be independently Judicial investigations into human investigated, notwithstanding a change of rights violations which had occurred under government. the previous government continued, although little progress was made (see Amnesty InternationalReport 1990). Some senior police officers in the former admin­ PERU istration of General Alfredo Stroessner remained in custody while trial proceed­ ings against them continued. They faced a

variety of charges, including the arbitrary • arrest, torture and murder of scores of political opposition figures in the 1960s and 1970s. Victims of human rights violations under the previous administration contin­ ued to come forward to present complaints to the courts. In October a formal criminal complaint was lodged by former prisoner of conscience Captain Modesto Napole6n Ortigoza against former president General Stroessner, former minister of the interior i Edgar L. Ynsfran, and several former high­ .... ranking police officials. He accused them Over 300 men, women and children of abuses including arbitrary detention, tor­ "disappeared" after arrest by security ture and defamation. Captain Ortigoza had forces, mainly in the emergency zones been released in December 1987 after com­ under political-military command. Scores pleting a 25-year sentence for his alleged more were extrajudicially executed. The part in a conspiracy to overthrow President victims, most of whom were peasants, Stroessner in 1962 (see Amnesty Interna­ included human rights defenders, commu­ tional Reports 1988 and 1989). nity leaders, politicians and trade union­ No information was made available con­ ists. Torture and ill-treatment by the cerning the inquiry into the killings of two security fo rces were widespread. Five construction workers by army personnel prisoners of conscience were held, four PERU

of them on fa lse charges of "terrorism". Interior, which is responsible for all police 183 Three prisoners of conscience were security services. The Peruvian authorities released. fa iled to investigate and punish violations A campaign by armed opposition committed by their security forces. groups of sabotage. forced strikes and Law 24,150, introduced in 1985, killings during the months leading up to remained the main legal instrument the congressional and two-stage presiden­ through which the political-military com­ tial elections in April and June. coupled mands exercised their rule in the emerg­ with a severe economic crisis. fo rmed the ency zones. In practice its provisions background to a deteriorating human rights fac ilitated the armed forces detaining situation. In July President Alberto people without notifying civil authorities Fujimori, leader of the Cambio 90 poli­ or accounting for the fa te of prisoners. The tical party, took office. In his inaugural armed forces in the emergency zones main­ speech he stated that "the unconditional tained almost total independence from the respect and promotion of human rights civilian government. Torture, "disappear­ will be a firm line of action during my gov­ ances" and extr ajudicial executions were ernment" and promised to set up a national frequently reported without independent commISSIOn to guarantee respect for investigations being initiated; military human rights. By the end of the year the courts, with few exceptions, were not government had not taken the initial step known to have brought to justice security of establishing any terms of reference for agents for human rights violations. such a commission. In the emergency zones habeas corpus The armed opposition group Partido was not suspended but the courts did not Comunista del Peru "Sendero Luminoso ", generally implement this right and the Communist Party of Peru "Shining Path", armed forces routinely denied legal repre­ remained active throughout most of the sentatives access to military establishments country. Shining Path called for boycotts of known to be holding prisoners incommuni­ the congressional and presidential elec­ cado. As in previous years, the Public Min­ tions and murdered political candidates, istry, headed by the Attorney General, government officials, leaders of popular fa iled to fulfil its constitutional responsi­ organizations and other civilians, some­ bility to protect human rights: public times in execution-style killings following prosecutors rarely took steps to remedy torture and mock trials. According to human rights abuses. reports, in April and August respectively During the year 304 new cases of "dis­ the former director of the Peruvian Insti­ appearance" fo llowing arrest by the secur­ tute of Social Security and the former ity forces were reported. Of these, 89 were labour minister were murdered. In October, reported to have been subsequently seven civilians as well as 13 members of released or transferred to police custody. the army were reportedly murdered in Twenty-four were reportedly found dead. Tingo Maria in a dynamite and machine­ The others remained unaccounted for. gun attack. A congressional commission Most of the victims were members of iso­ formed to monitor political violence in lated peasant communities in the emer­ Peru reported that 258 police and military gency zones, although the number of repor­ personnel were killed in 1990 as a result of ted "disappearances" increased in urban actions by armed opposition groups. areas. The armed forces repeatedly denied Approximately two-thirds of Peru, con­ holding prisoners, a policy which Amnesty taining over half the population, remained International believes contributed to the under state of emergency measures. In high number of "disappearances". August President Fujimori extended emer­ Among the hu ndreds of victims of "dis­ gency legislation to a further 10 provinces appearance" were Dora G6mez and her for a period of one month. thereby placing children, Nilton and Juan Carlos Gamez most of the country's population under G6mez, aged 15 and 13 respectively. They state of emergency measures. By December, were reportedly detained in April together 69 of Peru's 183 provinces were adminis­ with six other people when soldiers tered by the Comando Conjunto de las stopped a group of 30 peasanls from Alto Ftlerzas Armadas, the Armed Forces Joint Rio Chari in Junin's atipo province. Command. President Fujimori appOinted a Their detention was denied and all serving army general to the Ministry of the nine remained "disappeared". In October PERU

184 Ernesto Rafael Castillo Paez was detained victims had apparently refused to partici­ in the Villa El Salvador neighbourhood of pate in a military operation against Shining Lima, the capital. Witnesses said that he Path. was handcuffed and fo rced into the boot of Human rights activists were apparently a police car before being driven away. A targeted for "disappearance" or extrajudi­ judge who ordered his release after a cial execution. Angel Escobar Jurado, sec­ habeas corpus petition was filed reported retary of the Human Rights Commission of that the register of detentions at the police Huancavelica, was last seen on 27 February station where Ernesto Castillo was alleg­ being conducted through the streets by five edly taken had been tampered with. The men dressed in civilian clothing, one of authorities refused to acknowledge his whom was subsequently seen in the com­ detention and he remained "disappeared". pany of uniformed army personnel. On 10 "Disappearances" were sometimes re­ June Guadalupe Ccallocunto, mother of ported in conjunction with the multiple fo ur children and active in an organization extrajudicial execution of men, women and assisting the families of the "disappeared", children. Over a six-day period in April, 13 was taken away in the early hours of the people were said to have been killed and morning from her home in Ayacucho city. eight others "disappeared", including an The organization's officeswere subsequent­ eight-year-old girl, after their detention by ly closed as a result of threats received by an army patrol in an operation that extend­ the staff. Human rights organizations in ed through several peasant communities in Lima and Ayacucho believe that she was Chumbivilcas province, Cuzco department, detained by the army fo llowing repeated and in neighbouring Apurfmac. Eleven of harassment by the security forces. The those killed were dumped on a hillside, whereabouts of Angel Escobar Jurado their bodies covered with icchu, a highland and Guadalupe Ccallocunto remained grass. Following repeated requests from unknown: the authorities denied detaining leaders of the peasant communities, judges either of them. Both "disappearances" took allowed the 11 bodies to be examined. The place during a nationwide wave of attacks bodies bore multiple bullet wounds and on human rights organizations and marks consistent with torture. activists. The offices of both the Andean In other cases the "disappeared" were Commission of Jurists and the Peruvian subsequently discovered to be victims of Section of Amnesty International were extrajudicial executions. In mid-October a damaged as a result of bombings in Febru­ mass grave was discovered in the district of ary and March. At least four human rights San Pedro de Cachi, in Ayacucho's Hua­ activists were repeatedly threatened over manga department, which reportedly con­ the telephone, sometimes with death. tained the remains of at least 16 people. Torture and ill-treatment as means of Initial reports indicated that nine of the interrogating and intimidating political bodies exhumed from this grave by a com­ detainees were frequently reported. The mission of investigation were those of rape of peasant women, either while in peasants reported as "disappeared" on 22 detention or during counter-insurgency September. They included three young operations, was common practice. In women, Victoria Espinoza, Julia Mendoza August Fidel Intusca, a mine worker. was and Irene Melgar, and two girls, Delia detained by soldiers and taken to the mili­ Melgar, aged 15, and Dina Tello, aged 13. tary base at Puquio, Ayacucho department, Extrajudicial executions were some­ where he was accused of collaborating times reported in the context of counter­ with the armed opposition. In testimony insurgency operations conducted jointly by later given to a human rights organization the armed fo rces and Civil Defence Com­ he described being submerged in water, mittees - peasant-based patrols adminis­ burned on the neck and back, beaten and tered and controlled by the military zone threatened with death. [n late September a commander. One report claimed that 12 mother and her 17-year-old daughter were men. three women and a 15-year-old boy reportedly detained in a military base and were extrajudicially executed on 22 August raped repeatedly by soldiers. Both women near Uchuraccay, in Ayacucho's Huanta were subsequently released but were province, by a combined patrol of civil threatened to prevent them from reporting defence groups and some 50 soldiers from the rape. Details of this case ar known but the Machente and Ccano military base. The cannot be revealed for fear of further PERU/pHllIPPINES

reprisals. Effective investigations into cases the country's embassies, the authorities 185 of rape and other forms of torture fo llowing replied to inquiries on the killing of Dr detention were not known to have taken Coqui Samuel Huamanf in August 1989 place nor were the perpetrators brought to and the "disappearance" of Guadalupe justice. Ccallocunto in June, but the information No official investigations were initiated supplied did not clarify the fate of either into mass killings committed in previous victim. The organization also appealed for years. For instance, troops killed 11 resi­ the release of five prisoners of conscience dents of Calabaza in the department of and continued to investigate the cases of 15 Junin in May 1989; the following month people arrested in previous years who may armed forces raided the communities of have been prisoners of conscience. Santa Ana and Pampamarca in Ayacucho's In May Amnesty International represen­ Lucanas province, killing 17 people (see tatives held talks with presidential candi­ Amnesty International Report 1990). Nei­ dates Mario Vargas Llosa and Alberto ther incident was known to have been Fujimori about the organization's concerns investigated. and specific proposals for improving In June the Court of Appeal of the human rights. Similar talks were held Supreme Council of Military Justice heard in June with Vice-President-elect Carlos the appeal of the two Republican Guard Garcfa. In July Amnesty International officers convicted in 1989 of offences con­ wrote to President-elect Fujimori outlining nected with the 1986 massacre of 124 pris­ its concerns and calling upon him to oners in Lurigancho prison (see Amnesty implement specificmeasur es for investigat­ International Reports 1987, 1988 and ing past human rights violations and pre­ 1990). The Court upheld the 15-year sen­ venting future abuses. The organization tence imposed on one officer and increased also recommended that the Attorney Gen­ the second officer's seven-year sentence to eral's department be strengthened, that 10 years. The Court also heard appeals effective protection be given to human against 75 police and army personnel who rights defenders and witnesses, and that had been acquitted in 1989 of similar the full rights of detainees provided for in offences. Eight Republican Guards were domestic and international law be restored sentenced to prison terms ranging from one in practice. In November Amnesty Interna­ month to six months; the remaining 67 mil­ tional wrote to President Fujimori request­ itary and police officers were acquitted. In ing that Ernesto Castillo's whereabouts be October a congressional commission con­ disclosed. cluded that former president Alan Garcfa In January Amnesty International sub­ bore constitutional responsibility for the mitted information about its concerns in 1986 massacre of about 250 inmates at Peru for United Nations (UN) review under Lurigancho and El Front6n prisons and a procedure established by Economic and Callao Women's Prison, but in November Social Resolutions 728F/1503, for confiden­ the Peruvian Congress defeated a move to tial consideration of communications about bring criminal charges against him. human rights violations. In an oral state­ Almost all political prisoners, including ment to the UN Commission on Human those prisoners of conscience acknowl­ Rights delivered in February, the organiz­ edged to be in detention, were held on ation included reference to its concerns charges of "terrorism". One of five known in Peru. prisoners of conscience, Noe Pastor Romo, was found not guilty of "terrorism" but remained in prison on charge of armed robbery. Three pri soners of conscience PHILIPPINES were released. Amnesty International appealed to the Scores of people were believed to have authorities on numerous cases of "disap­ bee n extrajudicially executed IInd at-least pearance", extI ajlldicial executitJn and 50 oLhe.s reportedly "disappeared" in torture. urging them la condud thorough police M military custody. SiJtteen prison­ and impartial investigauons of the abuses ers of conseieJlC8 were known to haYe eb en and to bring the perpetIators to justice. The released but at least 13 others remained in vast majority of appeals received no custody; there were many possible prison­ response from the government. Through ers of conscience among the 700 or so other PHILIPPINES

186 political prisoners held. Some political The government took some steps to pro­ detainees were reportedly tortured or ill­ mote and protect human rights. It invited treated. The Senate postponed a vote on both the United Nations (UN) Working legislation seeking the restoration of the Group on Enforced or Involuntary Disap­ death penalty. pearances and the Special Rapporteur on The government continued to face Torture to visit the country and they did so armed opposition from the New People's in August and October respectively. The Army (NPA), the armed wing of the banned Presidential Committee on Human Rights, Communist Party of the Philippines (epp), chaired by the Minister of Justice, began to and from the Moro National Liberation meet regularly. Th government-appointed Front (MNLF) and other rebel groups seeking Commission on Human Rights (CHR) openly independence for predominantly Muslim opposed the restoration of the death area of Mindanao. Despite a constitutional penalty. ban on private armies, government and military authorities continued to encourage a wide range of armed groups commonly known as "vigilantes", which cooperated closely with the formal security forces in counter-insurgency operations. Govern­ ment and military authorities labelled many lawful non-governmental organiza­ tions as "fronts" for the NPA and GPP in an apparent effort to weaken civilian organiza­ tions critical of government policy. Tens of thousands of people were forced to leave their homes and there was widespread destruction and loss of life in parts of Mindanao, Northern Luzon, Negros, Samar and Mindoro as a result of the bombing by government forces of However, lack of cooperation by police villages suspected of harbouring NPA or and military authorities, judicial delays, MNLF forces. A national state of emergency witnesses' fear of reprisals and weaknesses imposed by President Corazon Aquino in in the CHR'S mandate and procedures all December 1989, following an attempted combined to impede effective investigation military coup, was lifted in June. In July a of human rights violations and the prose­ Supreme Court decision authorized law cution of suspects. So too did Presidential enforcement officialsto arrest without war­ Decree 1850, promulgated by former presi­ rant anyone they suspected of the crimes of dent Ferdinand Marcos, which protects rebellion or subversion. members of the security services against Government forces clashed with prosecution in civilian courts. Tile failure demonstrators protesting against the con­ of the authorities to exert effective control tinued presence of United States military over tens of thousands of members of offi­ facilities in the Philippines, and with trade cial and quasi-official paramilitary forces unionists during a nationwide strike in was also a major impediment to human October. Scores of people were arrested but rights protection. most were released without charge. Scores of suspected government oppo­ The NPA was responsible for many nents were killed in apparent extrajudicial killings, at least 80 of which were report­ executions by government or government­ edly committed by NPA "sparrow units" - backed forces. The victims included human urban-based assassination squads. Victims rights campaigners, peasant activists, jour­ included soldiers, police and civilians; nalists, church workers, trade unionists, among them was Mayor Xavier Hizon of suspected rebels and dozens of people Mexico, Pampanga province, who was living or working in areas of suspected NPA killed in May. There was new eviden e to or MNLF activity. suggest that three people earlier reported Ruben Medina was killed in February to have "disappeared" in 1988 had been shortly after members of the Philippines detained by the NPA as suspected military Constabulary (pc) and paramilitary auxil­ spies. iaries of the officialCitizens' Armed Forces PHILIPPINES I

Geographical Unit (CAFGU) took him from a linked to local government and military 187 bus at Orani. Bataan province. Hours later, officials circulated leaflets accusing them relatives found his body in a funeral par­ of supporting the NPA and calling for their lour: an autopsy revealed that he had b en deaths or expulsion. Sisler Aquila Sy, shot 28 tim s, had his genitals severed and known for helping "internal evacuees" dis­ his skull destroyed by a bullet. The author­ pia ed from their homes by military opera­ ities gave no explanation of his death and tions, had recently tried to locate three no action was known to have been taken such people who had "disappeared" in against those responsible. military custody. A suspected Muslim rebel. Kamlon More than 50 people "disappeared" Mamindiala, and 18 members of his family, during the year after b ing detained by including a pregnant woman and . ix members of government or government­ children aged between one and 13, were backed security forces. At least 15, whose reportedly killed in August by soldiers detention had originally been denied by of the army's 38th Infantry Battalion in security forces, reappeared after a period in Tacurong, Sultan Kudarat province. Kam­ police or military custody. Five were be­ Ion Mamindiala was reportedly shot when lieved to have died or to have been killed he resisted arrest: soldiers then apparently in custody. Most of the victims belonged to ordered his relatives out of their houses legal non-governmental organizations and shot them. The military authorities ini­ accused by the authorities of being NPA-CPP tially said the family had been killed in fronts; others were suspected NPA members. an armed encounter between government Nestor Loberio and Diomedes Abawag, forces and Muslim rebels, but investiga­ who worked with a farmers' organiz­ tions by the PC Provincial Commander and ation in Catbalogan, Samar province, the CHR fo und that they had been massa­ "disappeared" after they were abducted in cred by "alleged members" of the 38th January by armed men believed to be Infantry Battalion. The Defense Secretary members of a military intelligence "death reportedly ordered the temporary suspen­ squad". Diomedes Abawag was thought to sion of those allegedly responsible but they have been tortured and beheaded by his were not known to have been brought to captors; his head, bearing signs of torture, justice by the end of 1990. was found by fishermen on 1 February. Cornelio "Oscar" Tagulao was shot dead Nestor Loberio's whereabouts remained in March, apparently because the trade unknown at the end of the year. union led by his brother was regarded by Two women, Soledad Mabilangan and the military as a CPP and NPA "front". The Alita Bona, who was then pregnant, three men in plain clothes who killed him "disappeared" after being taken by CAFGU in Mariveles, Bataan province. were said and army personnel from a market-place in by eye-witnesses to have shouted, "For Wright, Samar province, in March. The every NPA killing there will be 10 people military authorities denied that they were killed in retaliation". The three were in custody for six weeks until two visiting believed to be linked to the 24th Infantry Amnesty International representatives and Battalion. The local military commander two CHR officials found them in detention later reportedly described the killing as a at the 802nd Infantry Battalion headquar­ "good thing", warning that members of the ters in Bagacay, Samar. However, they family affiliated to the trade union in ques­ were not released; the military authorities tion would remain on the military's "Order said they would be held until their hus­ of Battle". bands, alleged NPA members, surrendered. Human rights lawyers and activists, More than 1,500 suspected government church workers and members of legal orga­ opponents were arrested in 1990 but most nizations which the authorities accused of were held briefly and released after ques­ being NPA-CPP fronts received death threats tioning. Some of the 700 or so political believed to come from military or gov­ prisoners still held at the end of the year ernment-backed paramilitary sources. In were believed to have been prisoners of Negros accidental, Sister Aquila Sy, a conscience, although most were accused of well-known community and human rights supporting the insurgency and charged worker, and others, including an 84-year­ with criminal acts such as murder and ille­ old parish priest, were threatened with gal possession of firearms in furtherance of death in August and September. Groups rebellion. PHILIPPINES

188 Sixteen prisoners of conscience were of the police or military was known to have released, including 12 who were among a been convicted of human rights offences in group of 25 farmers from Leyte whose trial 1990, although a number were brought to on rebellion charges ended in 1989 (see trial. A military officer accused of killing Amnesty International Reports 1989 and labour leader Rolando Olalia in 1986 (see 1990). Judgment was delayed for more than Amnesty International Report 1987) was 18 months before the court acquitted the acquitted after a three-year trial; others 12. It had still not ruled on the remaining accused in the same case went into hiding defendants, all prisoners of conscience, by or were given immunity to testify for the the end of 1990, and they remained in state. prison. Some alleged violations were officially Four members of the Alliance of Farm­ investigated but generally the findings ers of Central Luzon (AMGL) in Nueva Ecija, were not made public. An investigation believed to be prisoners of conscience, was ordered into the killing of Jose Dy and were released on bail. They were among a Gilberto Lopez. The two had been shot group of 13 AMGL members arrested in 1988 dead in June by masked members of the PC and charged with subversion; the other while attending the funeral of an alleged nine had been released on bail in 1989 (see NPA member in Manila. The outcome of the Amnesty International Report 1990). investigation was not known. Similarly, There were continued reports that police in Northern Samar filed kidnap and members of government and government­ murder charges against nine CAFGU mem­ backed forces tortured and ill-treated polit­ bers accused of killing three suspected NPA ical detainees and suspected rebels to members in captivity in February. How­ extract confessions or for revenge. Ruben ever, the nine were not known to have Abaigar alleged that he was beaten repeat­ been arrested or to have stood trial by the edly and threatened with death by soldiers end of the year. of the 52nd Infantry Battalion and CAPGU The Senate Committee on Constitu­ personnel who detained him in February tional Amendments and Revision of Codes as a suspected NPA member. He said the adopted a resolution in February postpon­ soldiers blindfolded him, tied his hands ing for one year any new legislative meas­ and beat him repeatedly, then threatened ures on the death penalty, which was to stab him to make him admit to NPA provisionally abolished under the 1987 membership. He was released without Constitution. There were continued calls charge on 23 March. for the restoration of the death penalty for Benedicto Mabilangan, a suspected NPA certain "heinous crimes". supporter, and his 15-year-old son Orlando Amnesty International urged the gov­ were arrested without warrant by soldiers ernment to ensure the independent investi­ during a town festival in Catbalogan, gation of alleged extrajudicial executions Samar, and detained for 20 days. The boy, and "disappearances", and called for those who was given one electric shock himself, allegedly responsible to be brought to jus­ witnessed his father being beaten and tor­ tice before the civil courts. It called for the tured with electric shocks and by having release of prisoners of conscience, for the his face covered with cellophane into prompt, fa ir trial or release of other politi­ which holes were made so that water could cal detainees and for the review of the be forced into his nostrils. A human rights cases of prisoners sentenced after appar­ lawyer who later helped to bring charges ently unfair trials. It urged the government against the perpetrators received death to repeal Presidential Decree 1850 and to � I threats beli ved tQ come from military review the use of civilian paramilitary � sources. forces in its counter-insurgency campaign. � The gov rnment named 43 police and In April an Amnesty International dele­ milit�Ty personnel said to have been sen­ gation visited the Philippines to conduct l t9nccd betwsen March 4986 and mkl-19QO research and to m et local human rights i- . fur "human right vi()hrtions", inoRlding activists and organizations. Th delegation � nlportecHy sent9rl in 1 it was ...too hag:.oiM;ossie:m witil the Commissi.on t ftnolewT whether all � l!or Met been con-­ Human Rights. lfi Septemuer the S t victed of human ri t8-� l offenc ep.. oFgl'!Ilization testified before the UN z t for common crimes. Other than the two Working Gr up on Enforced or Involuntary II I listed by the authorities, no other member Disappearances. POLAND/PORTUGAL

In April an arson attack on the home of 189 Jerzy Ja howicz caused the death of his POLAND wife, Maria Jachowicz. He had allegedly received a number of death threats follow- ing publication in the newspaper Gazela Wyborcza of a series of reports he had writ- ten on the workings of the Polish security forces. A high-level commission of inquiry was set up to investigate the attack. Amnesty International expressed its concern about reports of ill-treatment in detention and requested to be informed of the findings of special commissions set up to investigate the death in Slupsk in March, and the arson attack in April. The organization also urged the authorities to abolish the death penalty.

Several people were reportedly ill-treated in custody, leading in one case to death. A PORTUGAL woman was killed in an arson attack fo r which members of the security fo rces were There were reports of ill-treatment in alleged to be responsible. The death pen­ police custody and prisons. alty remained in force although there were In March Portugal ratified the European no executions. Convention for the Prevention of Torture Under the government of the fo rmerly and Inhuman or Degrading Treatment or banned trade union SoJjdarnosc, Solid­ Punishment. In October it ratified the arity, a omprehensivc reform of the legal Second Optional Protocol to the Interna­ system continued. The National Judiciary tional Covenant on Civil and Political Council was set up in February to promote Rights Aiming at the Abolition of the Death the independence of the judiciary and free­ Penalty. dom of the courts, and a new Supreme The reports of ill-treatment concerned Court was inaugurated in July. A new sys­ detained criminal susp cts and convicted tem of appeal courts was also established prisoners. It was claimed that many and the misdemeanour courts, which had detainees and prisoners with substantive often been used for political cases, were evidence of ill-treatment, uch as medical transferred from the disbanded People's reports, did not make official complaints Councils to the Justice Ministry. In March because of intimidation and threats of the Prosecutor General's office was dis­ counter-charges by police and prison solved and the prosecution system put officers. under the control of the Justice Ministry. According to press reports, in the early The Penal Code and Petty Offences Code hours of 1 October Jos6 Luis Barros, Paolo continued to be under review throughout Jorge Gomes Almeida and a friend were the year. Investigations continued into past returning to their homes in Oporto when human rights abuses which occurred under the friendwas attacked without warning by former communist governments, including an unidentified man who punched him in the murder of opposition activists. In the fa ce. The man then hit Jose Luis Barros December Solidarity Chairperson and for­ and when the friend came to his aid, mer prisoner of conscience Lech Walesa threatened them with a gun. They went was elected president. immediately to a station of the Public In March the Ministry of the Interior Security Police to complain. Jose Luis Bar­ stated that a detainee in Slupsk had died, ros alleged that he and his companions apparently as a result of beatings in cus­ were then attacked and hit by members of tody by a police officer. Reportedly, a spe­ the Public Security Polico at the entrance cial commission of inquiry was set up and to the station. The man whom Jose Luis proceedings were begun against the police Barros recognized as having punched him I officer. in the street reappeared dressed in police PORTUGAL uniform. When Paolo Jorge Gomes Almei­ treatment of Daniel Rodrfguez Perez, the da protested about the man having pulled Judicial Police had informed the Prosecu­ a gun on them. a policeman reportedly tor that the complaint should be archived seized him by the neck and threw him because there was insufficient evidence to through a plate-glass door. He was taken to indicate any breach of discipline by police hospital and received 59 stitches to his officers. The Prosecutor ordered the com­ right arm. plaint to be archived in July 1989. Daniel lose Luis Barros was held in the station Rodrfguez Perez' trial on charges of assault, until morning. Paolo lorge Gomes Almeida set for September 1990. was postponed at alleged that, while he was in hospital. the the last moment and had not taken place officer who had thrown him through the by the end of the year. door told him to remember that he had A number of allegations of ill-treatment tripped and fa llen in the street and that it concerned inmates of Linh6 prison. On 5 would be useless to complain to a court. March. fo llowing reported violent clashes Officers stationed in the police post within between prisoners and prison guards, 19 the hospital allegedly refused to register his prisoners were assembled in the exercise complaint of assault. A judicial inquiry yard for transfer. Relatives of the prison rs was opened in October. alleged that officers of the Intervention Squad of the General Directorate of Prison Services then beat the prisoners with trun­ cheons. insulting them and referring to complaints that Linh6 prisoners had made to their fam ilies and the press about their ill-treatment. On 10 March the Director General of Prison Services stated that an administrative inquiry had been opened into the reported incident. The results of an administrative inquiry carried out at Linh6 prison fo llowing the death of MMio Manuel da Luz in June 1989 were made public in February. The aut­ op y had apparently concluded that he had died of bronchial pneumonia caused by injuries. Fellow prisoners at Linh6 prison Daniel Rodriguez Perez continued to had all ged that during his detention in a allege that he had been beaten by officers of punishment cell he was subjected to sys­ the Public Security Police and the Judicial tematic ill-treatment by prison guards (see Police during three interrogations in 1988 Amnesty International Report 1990). The (see Amnesty International Report 1990). Director General of Prison Services stated In January the Prosecutor in Chaves in­ that acts committed in the prison's punish­ dicted him for assaulting a member of ment cells and maximum security wing the Judicial Police during his second inter­ constituted "serious breaches of discipline rogation on 6 May 1988. In February the and. probably, criminal offences". The authorities stated that he had fallen and cut prison governor had already been su pend­ his head before his first interrogation and ed by February 1990, in connection with that other injuries were self-inflicted. How­ allegations of ill-treatment involving fo ur ever, new information received during the prisoners in the security wing. In August year revealed that the ,haves prison doctor the Director General reported that disci­ had examined him after each interrogation plinary proceedings had been opened and, on 12 May 1988, had registered a for­ against the prison governor, the prison doc­ mal complaint regarding his physical con­ tor and other prison officers. dition with the Chaves court. The doctor Amnesty International sought inform­ recorded a stitched scalp-wound, bruising ation on the steps taken to investigate alle­ of different degrees of severity to his fa ce, gations of ill-treatment and asked to be chest, throat, shoulders and arms, and informed of the progress and outcome of blood in his ears. judicial and administrative inquiries into During the judicial investigation which such allegations. In September an Amnesty was opened in 1988 into the alleged ill- International delegate visited Chaves to PORTUGAl,IROMANIA attend th trial of Daniel Rodrfguez Pcrez UN Convention against Torture and Other 191 and, in view of the prison doctor's medical Cruel. Inhuman or Degrading Treatment or report, asked the Provedor de Justi((a Punishment. (Ombudsman) for a review of the decision Hundreds of prisoners of conscience to archive the complaint of ill-treatment. were detained following disturbances in June in Bucharest. On 13 June security forces evicted anti-government demonstra­ tors from University Square where they ROMANIA had been encamped for seven weeks. Many were arrested and allegedly beaten by police. Later that day, a large crowd of anti­ government protesters regained control of University Square. Sections of the crowd engaged in violence, including the burning of cars and attacking government build­ ings. The government, apparently unable to rely on the regular security forces, appealed to the population to "defend the democracy" and called thousands of work­ ers, many of them miners, into Bucharest. Over 1,000 people were reportedly detained; hundreds of them were prisoners of conscience unconnected with the viol­ ence. Costica Cojacaru, a retired telecom­ munications worker, alleged that he was Hundreds of prisoners of conscience were attacked without provocation and "arres­ detained fo r short periods and allegedly ted" by miners on 14 June. He was taken to ill-treated following disturbances in June. the Magurele military camp on the out­ Legal safeguards were lacking in some skirts of Bucharest where he was detained political trials. There were reports of tor­ in a garage with between 700 and 800 oth­ ture and ill-treatment of detainees. Local ers until 16 June, when he was released. He officials allegedly colluded in violent alleged that he and the other detainees attacks on people, in some cases apparent­ were repeatedly ill-treated by security ly on the basis of the victims' ethnic origin. officials and that miners were allowed to Elections in May resulted in large enter the base and threaten them. majorities for President Ion Iliescu and the Many of those detained were released ruling National Salvation Front (NSF). after a few days, although some remained Major reform of the legal system was initi­ in detention for longer periods. Marian ated, and the Constitution, Penal Code and Munteanu, a student leader, was admitted Code of Penal Procedure were under into hospital on 14 June after miners broke review. Throughout the year trials took into the University Architecture Faculty place of people accused of having commit­ where he was sleeping, and savagely beat ted human rights abuses during the violent him. He was arrested in hospital on 18 overthrow of the former government in June on charges of having incited the December 1989 (see Amnesty International crowd to violence on 13 June, although Report 1990). eye-witnesses reported that he had categor­ In February the United Nations (UN) ically rejected the use of violence and Commission on Human Rights extended called on the crowd to be peaceful. Other for a further year, with the Romanian Gov­ students who were arrested alleged that ernment's agreement, the mandate of the they had been forced to sign statements Special Rapporteur appointed in 1989 to incriminating Marian Munteanu. He and examine the human rights situation in many others arrested during those events Romania. In March Romania signed the were denied access to their families Second Optional Protocol to the Interna­ and lawyers, in some cases for over one tional Covenant on Civil and Political month. Marian Munteanu was released on Rights Aiming at the Abolition of the Death 3 August. Penalty, but had not ratified it by the end There were many reports of torture and of the year. In December it acceded to the ill-treatment in connection with the June ROMANIA

192 disturbances in Bucharest. Iulia Horac 16 - were reportedly held incommunicado alleged that after her arrest on 13 June, she for as long as six weeks. and others arrested with her were beaten In Tirgu Mures on 19 March a large and kicked while being forced through a crowd of Romanians, many transported in cordon of police officers armed with batons from neighbouring villages and armed with and shields. Miners and other workers axes, pitchforks and scythes, attacked the called in by the authorities openly attacked headquarters of the Democratic Alliance of those they considered to be government Hungarians in Romania (RMDSZ). There opponents with clubs, pickaxes and other were reports of collusion with local weapons while the security forces stood officials who allegedly welcomed the by. The miners also "arrested" and severely attackers and directed them to the RMDSZ beat hundreds of people, many of whom headquarters. Ethnic Hungarians were bru­ were also allegedly ill-treated after arrest tally attacked and seriously injured in full by army and police officials. Many of the view of police and military personnel who, victims had no connection with the eye-witnesses reported, did not intervene violence which had taken place earlier. to protect them. Intercommunal tension There were numerous eye-witness had been rising in Tirgu Mures for some accounts of official encouragement, direc­ time, and the fo llowing day severe inter­ tion and control of the miners. Members communal rioting broke out. A commission of Bucharest's Rom (Gypsy) community of inquiry into the events was established appeared to be singled out in a way which but its findings had not been published by suggested official coordination. Groups of the end of the year. miners, sometimes accompanied by police Children detained in state-run psych­ officers, reportedly targeted Rom homes, iatric institutions were subjected to savagely beating the inhabitants, and extreme neglect, amounting to cruel, inhu­ attacked suspected Rom in the streets. A man or degrading treatment. The neglect commission of inquiry into the June events had 0 curred over a long period of time was established but had not published its under the fo rmer government, and resulted findings by the end of the year. in scores of deaths, apparently from a com­ A number of people tried for public bination of hunger and exposure to cold. order offences were sentenced to up to Reports indicated that serious neglect con­ six months' imprisonment under Decree tinued in many of these state-run institu­ 153/1970, which ostensibly deals with tions after the change in government. those "who lead a parasitic life". Those Following widespread international atten­ convicted included between 14 and 18 tion, conditions reportedly improved. Rom sentenced in connection with inter­ An Amnesty International delegation communal rioting in Tirgu Mures in visited the country in January and dis­ March. These trials lacked essential legal cussed its concerns with senior officials. safeguards and did not meet international The organization called for the immediate standards for fa ir trials. Decree 153/1970 release of Marian Munteanu and other does not allow for an appeal to a higher prisoners of conscience arrested in the tribunal and provides for an accelerated June events. During the year it raised its procedure which does not allow sufficient concerns about alleged ill-treatment of time to prepare a defence. The defence detainees; the alleged complicity of local counsel for the Rom convicted in Tirgu officials in violent attacks on people and Mures was reportedly permitted to see the the failure of the security forces to attempt dossier only minutes before the trial began. to prevent such attacks; and the lack of There were many reports of ill-treat­ legal safeguards in some trials. The author­ ment of detainees, which in some cases ities made a number of replies, most of amounted to torture. Some anti-govern­ whi-ch failed to address ad quately the con­ ment protesters arrested on 18 February cerns raised. Amnesty International also were reportedly beaten by police officers called on the government to take immedi­ until they sign.ed confessions. lihey includ­ atoe steps to prevent. fU1'ther ill-treatment ed Atila Rosianu, aged 16, who wallrepert­ of chiltiren in psychiakic institutions. In edly beaten and forced by policit to September a se ond Amneity InternatioRal denounce one of his co-defendants. Some delegation visited the COUNtry and met of the detainees - many of whom were senior officials, including President Iliescu minors including some under the age of and Prime Minister Petre Roman. RWANDA

300 people killed by government troops 193 were rebels in civilian clothes. RWANDA In November President Habyarimana announced that political reforms would be introduced to end the one-party state in 1991. He also approved a proposal for a regional conference to discuss the future of refugees and exiles from Rwanda, but this had not taken place by the end of the year. About 7,000 people, the majority of whom appeared to be Tutsi, were detained in connection with the rebellion in the last quarter of the year. The detainees included members of the armed forces and civilians - some of them critics of the government - as well as relatives of the rebels and more than 200 Ugandan nationals. Among them were Alphonse Munyaneza, a Hutu and tl1e About 7,000 suspected government oppo­ son of a former government minister, and nents were detained after armed Uganda­ Thomas Kabeja, a Tutsi university lecturer: based exiles invaded northeast Rwanda in both men were among more than 4,000 October. Over 4,000 were believed to have people who were released uncharged been released by the end of 1990 but the before the end of 1990. government announced that more than Following the first arrests in October the 1,500 others, who included possible pris­ government set up commissions, com­ oners of conscience, would be tried. Many posed of members of the security forces of those arrested were reportedly tortured and the procuracy, to determine who and ill-treated, and at least five of them should be released and who should be died as a result of poor prison conditions. referred for possible prosecution. The Six other people were prisoners of con­ grounds for their decisions were not made science after being convicted of political public, however, and some reports suggest­ offences at unfair trials. The Head of State ed that those still held at the end of 1990 commuted 480 death sentences to life included leading members of the Tutsi imprisonment and no executions were community and Ugandan nationals reported. detained solely on account of their ethnic An armed force of Rwandese exiles, origin or nationality. The commissions mostly members of the Tutsi ethnic group ordered many releases, but numerous who had left Rwanda in the late 1950s and detainees had not appeared before them by early 1960s, invaded northeast Rwanda the time their proceedings were suspended from Uganda on 1 October in an attempt at the end of November. Euglme Ruta­ to overthrow the government of President garama, a Tutsi biologist who appeared to Juvenal Habyarimana. Four days later, be a prisoner of conscience held on the there was fighting in and around the capi­ grounds that he had been in contact with tal, Kigali, when supporters of the rebels government opponents while travelling tried to open a second front. The rebels abroad, was among more than 2,000 people were said to have killed captured combat­ still held at the end of the year. ants and to have conscripted children into In December the government announ­ their ranks. The government declared a ced that 1,566 people arrested in connec­ state of siege on 8 October, which was still tion with the rebel incursion would be in force at the end of the year, and took brought to trial. The first 12 defendants military action against the insurgents. The appeared before the State Security Court rebel-occupied territory was recovered and in late December, but their trial was several rebel leaders were killed, but vari­ adjourned to 1991. ous parts of the north were still affected by Earlier in the year several other people the conflict at the end of the year. Hun­ were tried before the State Security Court. dreds of civilians were reportedly killed by In March Innocent Ndayambaje, a uni­ rebel forces or government troops. A versity student who had b en detained government minister said that more than incommunicado for more than three years RWANDi\lST VINCENT AND THE GRENADINES

194 (see Amnesty International Report 1990), especially at the time of their arrest. One received a five-year prison term for person was said to have died under torture forming a political party in violation of in December soon after his arrest by mem­ Rwanda's one-party constitution. He was a bers of the security forces in the town of prisoner of conscience. In April Callixte Rwamagana. Sinaruhamagaye and Claude Bahintasi, A fa mily of three was possibly extra­ both held since 1987, Or Aloys Sebiziga, judicially executed. Michel Karambizi. his who was arrested in 1989, and two others wife and child were shot dead in Kigali by were acquitted on charges of assisting a for­ government soldiers in early October. mer government minister living in exile Some sources suggested that they may have (see Amnesty International Report 1990) been targeted bocause Michel Karambizi's and released. brother, a political exile, was a well-known Four Jehovah's Witnesses were sen­ government opponent, but the authorities tenced to 10-year prison terms in April for said the fa mily was killed in an armed disturbing the peace and organizing unau­ clash with the security fo rces. No inquiry thorized meetings. All fo ur were prisoners into the killings was known to have been of conscience. carried out. Two journalists, Vincent Rwabukwisi In September 480 prisoners had their and Hassan Ngeze, were arrested in July. death sentences commuted to life impris­ The State Security Court twice declined onment by President Habyarimana. The to pass judgment on the grounds of courts were believed to have imposed fur­ insufficient evidence but kept the journal­ ther death sentences, but it was not known ists in custody. The Court reconvened in how many. No executions were reported. October, after the rebel incursion, and sen­ Amnesty International appealed for the tenced Vincent Fwabukwisi to 15 years' release of Innocent Ndayambaje and other imprisonment for endangering state secur­ prisoners of conscience. ity by meeting Rwandese exiles in Kenya. Following th October incursion, There was no evidence to suggest that he Amnesty International sought information had any prior knowledge of the armed about those arrested, their legal status and incursion and he appeared to be a prisoner their treatment and conditions of deten­ of conscience. Hassan Ngeze received a tion. It pressed the authorities to release all onc-year suspended sentence for subver­ prisoners of conscience and to ensure the sion as a result of a newspaper article he fa ir trial or release of other political had published which claimed that the detainees. The organization appealed to the Tutsi dominated the Rwandese economy. government to take all possible steps to The State Security Court offered defen­ protect those in custody from torture, il\­ dants little chance of a fa ir trial. All but treatment or other human rights abuses, to onc of the five judges wer closely linked instruct members of the security forces to to the government and the security forces respect human rights, and to investigate and could not be considered independent. alleged human rights abuses. In late Many defendants appeared in court with­ December an Amnesty International repre­ out legal counsel and were unable to con­ sentative visited KigaJi to observe the trial test their cases on points of law. The court of alleged rebel sympathiz rs and to collect offered restricted and inadequate opportu­ information about political prisoners. nities of appeal, and none of those con­ Amnesty Int rnational welcomed those victed in 1990 was known to have lodged releases that did occur and the commuta­ an appeal. tion of death sentences. Many of those arrested in October were held for several days in Nyamirambo stadi­ um, near Kigali, without food, drink or medical care, before being moved to vari­ ST VINCENT AND ous prisons. At least five people reportedly died in custody, possibly as a result of poor THE GRENADINES conditions and lack of medical care: only The death penalty fo r juveniles convicted one such death was confirmed by the of murder was introduced in late 1989. government. Four people were under sentence of death Many detainees wer also reportedly but no executions were carried out; the b aten by members of th security forces, last execution took place in 1988. ST VINCENT AND THE GRENADINES/SAO TOME AND PRINCIPE/SAUDI ARABIA

An amendment to the Criminal Code. lenge the legality of a detention through 195 which came into force in November 1989. habeas cor pus procedures. The Constitu­ extended the use of the death penalty to tion also guarantees freedom of expression people who were over the age of 16 at the and association. and introduced the right time of the offence; previously the mini­ to form or join political parties. Three new mum age was 18. political parties were formed to contest leg­ islative and presidential elections in 1991.

Amnesty International wrote to Prime Minister James Mitchell in April express­ ing concern at the new provision. pointing out that it contravened international stan­ dards which strictly prohibit death sen­ tences being passed on people under the All 39 political prisoners wer e released. age of 18 at the time of the crime. Amnesty They had been convicted in September International urged the government to 1989 of armed rebellion and endangering repeal the provision and to seriously con­ the security of the state but had no right to sider abolishing the death penalty. appeal to a higher court against their con­ Amnesty International also requested the victions or sentences (see Amnesty Interna­ commutation of all outstanding death tional Report 1990). Three were released in sentences. March after completing their two-year sen­ In an oral statement delivered in August tences. which ran from the date of their to the United Nations Sub-Commission on arrest in 1988; the others were released in Prevention of Discrimination and Protec­ April on the orders of President Manuel tion of Minorities. Amnesty International Pinto da Costa. includ d reference to its concern about Amnesty International welcomed the the introduction of the death penalty for abolition of the death penalty and the juveniles. increased human rights safeguards in the new constitution.

- , SAO TPME AND PRINCIPE SAUDI ARABIA The death penalty was abolished under a More than 80 critics and opponents of the new constitution which also increased government were arrested and held as protection for fundamental rights and prisoners of conscience. 23 of whom freedoms. All political prisoners were remained in detention without charge or released. trial at the end of the year. Two possible The new constitution came into force in prisoners of conscience arrested in 1990 September after it was approved by a refer­ were also still held. Five other prisoner of endum in August. It abolished the death conscience arrested in 1989 and 12 pol­ penalty in law. No one had been sentenced itical prisoners arrested in 1988 were to death since the penalty was introduced detained apparently without charge or in 1979 for the offence of "mercenarism". trial throughout 1990. At least 95 political or being a mercenary. Substantially in­ detainees, including 26 prisoners of con­ creased protection fo r prisoners includes a science, were freed under a royal pardon I prohibition on torture and the right to chal- in April. Other prisoners of conscience SAUDI ARABIA

196 may have been among thousands of 95 were nine possible prisoners of con­ Yemeni nationals arrested between August science. including five suspected support­ and November. Four people were sen­ ers of Hizbul 'Amal al-Ishtiraki al-'Arabi - tenced to prison terms after unfair trials. al-Jazira al-'Arabiyya. the Arab Socialist There were new reports of torture and iII­ Action Party - the Arabian Peninsula. and treatment, including of detained Yemeni four alleged supporters of HizbuJJah fil nationals, and judicial amputations and Hijoz. the Party of God in Hijaz (sec floggings continued to be carried out. At Amnesty [nternotionalReport 1990). least 13 people were executed. At least 83 non-violent critics or oppo­ nents of the government were arrested between February and November. Of these. 23 were still held as prisoners of con­ science at the cnd of the year. Six suspect­ ed supporters of OIRAP were arrested in February and April and held by al­ Mabohith al-'Amma, General Intelligence. in al-Dammam. Among them was 'Abdul­ lah Jabir Shahin from Safwa who was arrested in Kuwait in the last week of Jan­ uary and handed over to the Saudi author­ ities on 4 February. Four of the six were released in April under the royal pardon; the other two were released in June. Between August and October. 27 other sus­ pected OIRAP supporters were arrested. 12 Following the Iraqi invasion of Kuwait of them at Riyadh airport or other places on 2 August. military forces of the United when returning from abroad. Of these. 22 States of America. the United Kingdom and remained in detention apparently without eight other countries were stationed in the charge or trial at the end of the year. country. The Saudi authorities regarded Another prisoner of conscience who Yemen as an unfriendly country and in remained in detention at the end of the September the hundreds of thousands of year was Salih al- 'Azzaz. a well-known Yemeni migrant workers in the country writer and journalist. He was arrested in were made subject to new visa and work Riyadh on 6 November on suspicion of permit requirements and in many cases helping to organize a protest that day by wer deported. women against a ban on female drivers. In November a consultative system of During the protest. 49 women were arres­ government was proposed when King Fahd ted and held in custody for several hours. bin 'Abdul-'Aziz announced that a Central They were released only after their male Consultative Council. as well as Provincial relatives signed an undertaking that the Consultative Councils. would be set up as women would not violate the ban. They soon as the necessary legislation governing included Fawzia al-Bakr. a professor at the their functioning had been decreed. In the University of Riyadh. She had previously same month the Ministry of the Interior been detained for several months in 1982 issued a decree introducing a legal ban on (sce Amnesty InternationalReport 1983). female drivers; this ban had previously Five students at King Saud University existed in practice but not in law. in Riyadh, arrested in July 1989. remained In April 7.681 detainees and sentenced in detention without trial (sec Amnesty prisoners were released fo llowing a royal International Report 1990). pardon. Most were common law prisoners; Thousands of Yemeni nationals were however. 95 were suspected political oppo­ arrested following the introduction of new nents. most of whom had been detained visa and work permit requirements on 19 without charge or trial. They included 26 September. Among them were possible prisoners of conscience suspected of prisoners of conscience. apparently arres­ being members of Munadhamat al-Thawra ted for no reason other than their nation­ al-Islamiyya fil Jazira al-'Arabiyya. the ality or non-violent political views. Many Organization of Islamic Revolution in the were held for short periods in make­ Arabian Peninsula (OIRAP). Also among the shift detention centres pending their SAUDI ARABIA deportation, while thousands of others New information was received about 197 were reportedly sti ll held at the end of the the torture and ill-treatment in detention of year. It was not known whether any had 29 Kuwaiti nationals arrested in July 1989 been charged with a recognizably criminal (see Amnesty International Report 1990), offence. 16 of whom were executed in 1989 and Others arrested during the year inclu­ four of whom were still held at the end of ded at least four possible prisoners of 1990. Others who were released alleged conscience, two of whom were still in that all the detainees were beaten with detention apparently without charge or canes and whips, deprived of sleep and trial at the end of 1990. injected with unknown substances which Twelve alleged HizbuJJah ftl Hijaz induced a trance-like state. 'Adnan 'Abdul­ supporters arrested in 1988 (see Amnesty Samad, a former member of parliament, International Heports 1989 and 1990) was reportedly deprived of sleep for sever­ remained in detention, but it was not al days, beaten all over his body with an known whether they had been tried. 'iqal (a thick rope forming part of tradition­ Four other HizbuJlah ftl Hijaz support­ al Arab headwear) and had the 'iqal tight­ ers were sentenced to between seven and ened around his neck to the point of 15 years' imprisonment in late 1989 or near-asphyxiation. He was later released early 1990 after unfair trials. Their trials uncharged. lasted only a few minutes and were held At least five people, four Filipinos and in camera. The defendants were denied one Egyptian convicted of repeated theft, lawyers, were not informed of the charges had their right hands amputated in Febru­ against them, and received no notice that ary or March. The imposition of the judi­ they were to be tried until they were cial punishment of flogging remained brought, in the early hours of the morning, widespread, although the number of sen­ before the Higher Shari'a Court in al­ tences carried out was not known. One vic­ Dammam. In court they were asked to cer­ tim, Jack Huissen, an American teacher, tify confessions extracted from them dur­ was reportedly sentenced in June to receive ing interrogat ion. They had no right of 160 lashes - 70 for alcohol consumption, appeal. Four Kuwaiti nationals sentenced and 90 for reasons not disclosed to him. in 1989 to between 15 and 20 years' Prior to his release and deportation on 15 imprisonment fo llowing similar proce­ August, he received 90 lashes. Four dures continued to be he ld (sce Amnesty Kuwaiti nationals sentenced in September InternationalHeport 1990). 1989 to floggings of between 1,000 and Torture and ill-treatment of political 1,500 lashes. continued to receive their detainees and Yemeni nationals were punishments during the year (see Amnesty reportedly widespread. Hundreds of International Heport 1990). Yemeni nationals were said to have been Between January and July. at least 13 ill-treated or tortured in detention pending Saudi and foreign nationals were publicly their deportation. For exam ple. Amin executed after being convicted of crimi­ Ahmad al-Shawafi. a mechanic from Ibb. nal offences including murder. drug­ who spent 16 days in Jeddah Central trafficking and rape. Among those executed Prison before his deportation on 25 was Rashash Sa'id Mubarak al-'Utaibi, who September. said he was questioned about was beheaded in June following his convic­ his political views and continuously tion for murder aod highway robbery. His beaten over the head and body. with a decapitated body was crucified and dis­ "sharp instrument". played in Riyadh. Sayvid Tahir al-Shimimy. a religlOus In January Amnesty International pub­ scholar and alleged OIRAP supporter who lished a report. Saudi Arabia: Detention was released in April. said he had been Without Trial 01 Suspected Political Oppo­ repeatedly tortured tollowing his arrest in nents. which expressed concern about the June 1989. He said he had be n beaten. continuing pattern of detention without deprived of sleep and had his fa ce pushed trial of suspected political opponents and down a lavatory. lIe spent 130 days in soli­ torture and ill-treatment of detainees. It tary confinement in al-Mabahith al-'Amma urged the government to review current prison in al-Dammam ant:! required hospi­ detention cases and to release all those tal treatment for spinal injuries following detained on account of their non-violent his release. political opinions or activities. The SAUDI ARABIA/SENEGAL

198 government denied it was holding political One prisoner of conscience convicted in prisoners or that torture was used to extract 1989 began serving a six-month prison confessions. However, it expressed willing­ sentence and several government oppo­ ness to discuss matters of concern to nents were imprisoned after trials which Amnesty International, and accepted in did not conform to international fair trial principle that Amnesty International standards. Torture and ill-treatment of should visit Saudi Arabia for this purpose. detainees, sometimes leading to the vic­ While welcoming the releases of prison­ tim's death, were widely reported after ers of conscience and others, Amnesty May. Government soldiers were alleged International continued to press for the to have carried out several extrajudicial roleas of other non-violent government executions. opponents and to expres concern about The government continued to face the detention of other political detaine s armed opposition in the Casamance region. without trial or after unfair trials. The Most human rights violations occurred in organization also expres cd concern about May and th fo llowing months after a the torture and ill-treatment of prisoners. series of attacks on civilian targets by and about the use of the death penalty. armed groups believed to be associated Following reports of torture and ill­ with the Mouvemenl des forces democra­ treatment of detained Yemeni nationals, tiques de la Casamance (MFOC). Movement Amnesty International urged King Fahd to of Casamance' Democratic Forces, th set up an immediate public inquiry and main separatist organization. all d for the release of anyone detained Hundreds of people were arrested dur­ olel)i on account of their nationality. The ing the year in onnection with the government denied widespread torture or Casamance independence movement: most ill-treatment but undertook to examine of them were suspected of being members information submitted by Amnesty Interna­ of the MFOC but some may have been pris­ tional. The names and other details of over oners of conscience. Some were held for up 400 Yemeni deportees. including victims to a few weeks in police custody in of alleged ill-treatment. were then submit­ Casamance and then released uncharged. ted to the government but no inquiry was However, the majority, at least 300, were known to have been established by the end charged with endangering the security of of the year. the state and forming an unlawful associa­ tion. They had not been brought to trial by the end of 1990. Those charged were trans­ ferred to Dakar and Rufisque prisons for SENEGAL their cases to b investigated by an exam­ ining magistrate. They included Father Diamacoune Augustin Senghor. a Roman Catholic priest and prominent supporter of Casamance independence previously imprisoned from 1982 to 1987. and An­ kiling Diabone, a former African judo champion. One prisoner of conscience began a six­ month prison sentence in July. Cheikh Koureyssi Ba. managing editor of the n ws­ paper of the main opposition party, the Parti democraliqlle sem1galais (PDS), Sene­ galese Democratic Party, lost his appeal. He was convicted in 1989 on charges arising from his newspaper's claim that the PDS candidate won more votes than Hundreds of people suspected of support­ President Abdou Diouf in the 1988 presi­ ing a separatist movement were arrested dential elections (sce Amnesty Interna­ fo r political reasons; among them were tional Report 1990). In another case heard possible prisoners of conscience. Some in 1990. the pos leader in the National were released, but at least 300 were still Assembly, Ousmane Ngom, was sentenced held awaiting trial at the end of the year. to a three-month prison term for insulting SENEGAL/SIERRA LEONE the Head of State in a newspaper article. He beaten to death by police based in 199 appealed against the verdict and remained Diouloulou, shortly after being forcibly free. returned to Senegal from the Gambia (see At least one political trial took place Gambia). which fa iled to meet international stan­ No fo rmal inquiry by the procuracy was dards of fa ir trial. In mid-August five known to have been onducted into any of peopl from Casamance region, including these deaths. Nor was any new information Mamadou ane "N'Krumah", a former received about the findings of an inquir y political prisoner (sce Amnesty Interna­ into the alleged death under torture of tional Report 1990), were convicted by Jean-Pascal 8adji, a suspected MFDC mem­ the State Security Court in Dakar. They ber, in April 1989 (see Amnesty Interna­ were fO lmd guilty of plotting against the tional Report 1990). internal and external security of the state, Several people were extrajudicially exe­ endangering public security and forming cuted during the year. In May Jean-Marie an unlawful association. They were Sagna from Kouring village. Ziguinchor accused of having asked officials in neigh­ department. was shot dead by soldiers bouring Guinea-Bissau for military assis­ based at Kaguitte military barracks. He was tance for those seeking the independence stopped by an army patrol and summarily of Casamance. They were sentenced to killed, apparently because he was mistaken prison terms of between six and 10 years. for a military leader of the separatists. The All had been arrested in Guinea-Bissau, soldiers allegedly burned his body. The repatriated without any judicial proceed­ government said that there would be an ings, and arrested on arrival in Senegal in inquiry into his death, but it was not February 1988. The court did not investi­ known if this had been carried out. gate claims made by one of the defendants In September dozens of soldiers entered that he had been tortured in Senegalese Kanaw village, near the Gambian border, police custody. Defendants convicted by apparently with a list of people suspected the State Security Court have no right of of supporting the MFDC. Five men, includ­ appeal, although this is required by inter­ ing Kaoussou Tamba and Souleymane national law. Goudiaby, were taken away by soldiers and Torture and ill-treatment of detainees were later found dead in a rice field. suspected of supporting the MFDC and of In May Amnesty International pub­ their relatives were increasingly reported lished a report, Senegal: Torture - the after May in the context of counter-insur­ Casamance case, which described the gency operations in Casamance. In one torture and ill-treatment of hun dreds of incident in June, government soldiers who alleged government opponents between entered Kabiline village, Bignona depart­ 1982 and 1989. The government said that ment, looking for suspected separatists, the allegations were "groundless" and reportedly beat several of their relatives. were "an incredible story written by a One victim, Binta Niassy, apparently suf­ Senegalese secessionist". fered a miscarriage after she was beaten, Amnesty International repeatedly urged whipped and trampled on by soldiers. The the government to ensure prompt and soldiers also killed Famara Mary, a villager impartial investigations into all allegations Who escaped but was soon recaptured. Wit­ of torture and extrajudicial executions, and nesses said that soldiers put a gun to his into all deaths in custody, and to bring to head and shot him dead. justice those found responsible. It also Several people were reported to have urged the authorities to take action to pre­ died in custody as a result of torture or vent further human rights violations. beatings. One, Assoua Diabone, a peasant farmer from Oussouye, died in Oussouye police station in June a few days after his arrest as a suspected separatist. Further SIERRA LEONE deaths occurred in October: Y ounouss Djiba and a man known as Ampa Dakar, Several people were detained without both suspected members of the MFDC, died charge or trial, including possible prison­ after they were reportedly beaten by sol­ ers of conscience. There was continuing diers based at Kaguitte military barracks. concern about harsh prison conditions Sekou Mary "Agnocoune" was apparently and the high death-rate of criminal SIERRA LEONE/SINGAPORE

200 prisoners. At least 14 people were sen­ As many as 100 prisoners out of a total tenced to death. It was not known if there prison population of about 1.000 were were any executions. reported to have died from malnutrition Saidu Cham. a teachers' leader in and medical neglect at Pademba Road Lunsar. Northern Province. and several Prison during the first half of the year. The teachers in Bo. Southern Province. were prisoners were held in overcrowded condi­ reportedly arrested in May in connection tions and reportedly received inadequate with a t achers' strike over pay and related food and practically no medical care. Many demonstrations in which four people were prisoners apparently contracted tuberculo­ said to have been killed. The teachers were sis or skin diseases. Food supplies were apparently still held without charge or trial halted for several days in October when in July but no further information about suppliers said they had not been paid by their cases had been received by the end of the authorities. the year. The government made no public state­ ment about the report of a commission of inquiry into the administration of prisons. which had submitted its findings in December 1989. The commission was set

.' up following reports of grossly inadequate prison conditions leading to the starvation of prisoners in the mid-1980s (see Amnesty International Reports 1984 to 1990). It apparently recommended total refurbish­ ment of the country's prisons and improve­ ments in tile nutrition and care of prisoners. It was unclear whether the gov­ ernment made any moves to implement any of these recommendations. Three prisoners remained under sen­ Three student leaders were briefly tence of death and at l ast 14 new death detained without charge or trial in Novem­ sentences were imposed for criminal ber. apparently for organizing protests offences. Th re were no known executions. against the expulsion from university of six Amnesty International sought inform­ student accused of responsibility for ation from the government about the criminal damage caused during demonstra­ arrests of teachers and students. and urged tions in June. The three includ d the commutation of all death sentences. Mohamed Pateh Bah. who had been elected President of the National Union of Sierra Leone Student in August after the lifting of a 1986 ban on student unions. SINGAPORE Two journalists jailed on criminal charg sin 1989 for what some alleged were Two prisoners of conscience were political reasons were released. Both had conditionally released from detention worked for the Chronicle newspaper which without charge or trial while a third who had criticized government policies. The was released in 1989 remained confined at two men went on hunger-strike to prot st night to an offshore island. Criminal against their imprisonment and the condi­ offenders continued to be sentenced to tions at Pademba Road Prison in the caning. which constitutes a cruel. inhu­ capital. Freetown. complaining particularly man or degrading fo rm of punishment. that they were denied family visits and The national media reported that 10 medical treatment. The authorities under­ people were sentenced to death and three took to investigate their complaints but the people were executed. two journalists. Karwigoko Roy Stevens Vincent Cheng and Teo Soh Lung. both and Lansana Fofana. were released in June of them prisoners of conscience (sce and September respectively. the former Amnesty International Report 1990). wero aft r a successful application to the Court released in June from detention under the of Appeal. Internal Security Act (lSA). However, SINGAPORE/SOMALIA restrictions were imposed on their freedom and one for armed robbery. Three people 201 of movement, expression and association were reported to have been executed, all but they were not confined to live in any for drugs offences. designated locality. In January the High Amnesty International continued to Court had rejected Vincent Cheng's habeas appeal for the unconditional release of and corpus application challenging the legality lifting of restrictions on Chia Thye Poh, of his detention. The Court of Appeal had Vincent Cheng and Teo Soh Lung. It also rejected a similar application by Teo Soh called for the commutation of all death Lung shortly before she was released. sentences and for an end to executions.

SOMALIA

More than 50 critics and opponents of the government were arrested and imprisoned as prisoners of conscience but all were released before the end of the year. Fifteen prisoners of conscience arrested in 1989 and several untried political detainees were also freed. At least five detainees, including two held without charge or trial since 1976 and 1979, remained in prison. There were new reports of torture and ill-treatment, in two cases allegedly Chia Thye Poh, a former member of par­ resulting in death. Hundreds of people liament who was released into internal were victims of extrajudicial executions by exile in May 1989 after being detained government fo rces in areas affected by without trial under the ISA since October armed conflict and in Mogadishu and 1966, continu d to be regarded as a pris­ other towns. Dozens of people were under oner of conscience. He was exiled to the sentence of death but the number of small island of Sentosa, off the main island executions was not known. of Singapore, on being released from In October a provisional constitution prison. In September 1990 his restriction was introduced, which was to be submitted order was changed to permit him to visit to a refer endum within a year. It provided and remain on the main island between for the eventual legalization of political 6am and 9pm daily and to seek a job with parties other than the ruling Somali Rev­ the approval of the Director of the Internal olutionary Socialist Party (SRSP). Laws Security Department. At night he contin­ incompatible with the new constitution ued to be exiled to Sentosa. were abrogated. including the National Caning remained a mandatory punish­ Security Law, which had provided the ment fo r around 30 crimes including legal basis since 1970 for the prolonged attempted murder. armed robbery. rape, detentions and trials of government oppo­ illegal immigration and drug-trafficking. nents. The National Security Court was Under amendments to the immigration law abolished. A new "anti-sabotage" law was. effected in March and August 1989, about however, being prepared to replace the 1 2 illegal workers from Thailand were National Securitv Law. reported to have been caned between Armed conflict continued in the north­ November 1989 and March 1990. In Jan­ west where the Somali National Movement uary Mustaffa Ahmad was sentenced to 20 (SNM) had been fighting government forces years' imprisonment and 15 strokes ot the since 1981. and in the central and south­ cane after being convicted of drug­ western parts of the country where the trafficking. His three accomplices were sen­ United Somali Congress (use) and the t (SPM) enced to 12 .years in jail and 10 sttOkes of Somali Patriotic Movement were the cane. active. Opposition forces allegedly killed Ten people were reported to have civilian supporters of the government, received death sentences, of which eight including some they had taken prisoner. were for drugs offences, one for murder At the end of December use guerrillas SOMALIA

seized parts of Mogadishu amidst heavy were brieflvredetained in early December. 202 ' fighting. Hundreds of combatants and civil­ Fifteen prisoners of conscience and sev­ ians were killed. fo reigners were evacuated eral other political prisoners arrested in and President Mohamed iad Barre's gov­ 1988 or 1989 were released. Sheikh Abd­ ernment was in danger of toppling. ulaziz Ali Sufi, an Islamic preacher and In January the government acceded to university lecturer, Mohamed Ali Dah-ir, a the International Covenant on Civil and businessman and religious writer, and four Political Rights. together with its first other prisoners of conscience held since Optional Protocol, the International July 1989, were brought to trial on capital Covenant on Economic. Social and Eco­ charges before the National Security Court nomi Rights, and the Convention against in January. The trial was adjourned and Torture and Other Cruel, Inhuman or they were pardoned by President Siae! Degrading Punishment or Treatment. Barm and released in March. Several army officers who were arrested in late 1988 and mid-1989 for alleged links with the opposition SPM (which drew much of its support from disaffected army officers of the Ogaden clan), were released .�. in October 1990 without having been charged or tried. One of the officers, Colonel Doctor Abdi Aideed Hirreh, had reportedly been denied medical treatment for injuries sustained in a car crash at the time of his arrest. The trial of nine prisoners of conscience - including Abdirashid Abdi Kheyre, a businessman, and Farah Mohamoud Elmi, a veterinary science lecturer - arrested in Mogadishu in July 1989 and charged with More than 50 critics and opponents of treason, was postponed several times. The the government were arrested, but all were nine prisoners were reportedly in poor released b November. S veral playwrights health as a result of torture and harsh and actors from the Somali National prison conditions. In mid-October they Theatre were arrested in April after Presi­ went on hunger-strike, complaining that dent Siad Barre walked out of a play they should have b en relea ed under the which appeared to criticize his govern­ terms of the new constitution. On 23 ment. They w re released after a few days. October demonstrations in Mogadishu In July, 45 members of a newly-formed called for the release of all political prison­ opposition group in Mogadishu, th Coun­ ers. The nine prisoners of conscience were cil for National Reconciliation and Salva­ released on 2 November, when an amnesty tion. were arrested fo r di tributing an open for political prisoners was announced. A "manifesto". This document criticized the total of 1,123 prisoners were released. government for human rights violations Their names were not published but they and urged it to hand over power to an apparently included many convicted crimi­ interim government pending multi-party nal prisoners. elections. Many of those arrested had pre­ Despite th November amnesty, three viously h Id official posts, such as former long-term political prisoners were still held police general Mohamed Abshir Musse, at the end of 1990: Hussein Mohamed Nur, who had been a prison r of conscience for an Ethiopian aircraft technician detained 12 years, and Haji Musse Bogor, aged 82. without charge or trial since 1976; Ahmed a form r government minister. The 45 Dhore Farah, a district judge detained detainees were held in Lanta Bur prison without charge or trial since 1979; and near Baidowa in harsh conditions. They Moham d Muhamoud Guleicl, an army were charged with treason, an offence for officer imprisoned after an unfair trial for which the death penalty is mandatory. espionage in 1981. Two former government However, when they app ared before the ministers arrested in July 1989 - Major ational Secllfity Court on 15 July, they General Aden Abdullahi Nur and General were acquitted and released. Some of them Mohamed Abdullah Ba'adaleh - also SOMALIA remained in detention without trial. speech. In Baidowa, dozens of people were 203 There were new reports of torture reportedly shot dead by soldiers on 14 which. in two cases. allegedly resulted in October for demonstrating against the Pres­ death. In February Mohamoud Mohamed ident during an official visit. At least five Mohamoud. an 18-year-old student from others were killed and dozens wounded by Mogadishu, was arrested and tortured to soldiers during anti-government demon­ force him to provide information about his strations in Mogadishu on 23 October. No brother, a government opponent who had inquiries were ordered by the government fled the country. After two days in National into these killings and no action was Security Service custody he was taken to known to have been taken against those hospital seriously ill and died shortly after­ :esponsible. wards. In June a visiting Italian medical Dozens of prisoners were under sen­ scientist, Giuseppe Salvo, died in military tence of death, including some condemned custody in Mogadishu shortly after being during the year. It was not known how arrested. A private autopsy found that he many executions, if any, took place. Some had been beaten to death. No official inves­ death sentences were commuted in the tigations into these deaths were known to November amnesty. Two measures taken have been initiated by the government. In by the government suggested a possible July at least 20 Somali asylum-seekers were reduction in the use of the death penalty in reportedly tortured or ill-treated after they future years: the abolition in October of the were forcibly returned to Somalia and National Security Court, which had sen­ taken into custody. The asylum-seekers tenced hundreds of people to death since had been refused entry by Italian and Egyp­ 1970, and the repeal of the National tian authorities. They were released several Security Law, which prescribed mandatory weeks later. death sentences for 20 political offences. Hundreds of people were extrajudicially The death penalty, however, remained in executed by government forces. In one force for some of these offences under inCident, 17 people arrested by soldiers in existing laws. the northern port of Berbera on 16 August In January Amnesty International pub­ Were extrajudicially executed in the town licly detailed its concerns on Somalia in a that night. They appeared to have been 29-page report: Somalia: Report on an arrested and killed in an arbitrary reprisal Amnesty International Visit and Current for SNM activities in the area. The victims Human Rights Violations. The organization included two employees of an interna­ urged the government to release prisoners tional relief organization. of conscience and discontinue prolonged Indiscriminate killings of civilians by detention without trial and to stop torture government soldiers were reported in all and extrajudicial executions by the secur­ areas affected by armed conflict. In Belet ity forces, and recommended specific legal Weyn in late May, over 100 men, women and institutional reforms to safeguard and children - unarmed villagers and human rights. The report had been sent to nomads - were reported to have been the government for comment in late 1989; indiscriminately killed in reprisal for a use no response was received but several of the attack. Near Galkayu on 12 June, over 70 recommendations were implemented dur­ civilians were killed in an army reprisal ing 1990. Amnesty International welcomed raid. In Bulu Burti on 12 November, sev­ the ratification in January of key interna­ eral prominent local people were extra­ tional human rights instruments, urging judicially executed and dozens of others that these standards be put into practice. It arbitrarily killed in reprisal for a use similarly welcomed the constitutional and ambush of government troops nearby. legal changes in October, particularly the There were also many arbitrary killings abolition of the National S curity Court of suspected government opponents by the and the National Security Law. An army in Mogadishu and other towns. In Amnesty International visit to Somalia July over 60 football spectators were shot planned for June 1990 was postponed at dead in Mogadishu's main stadium by the government's request and had not members of the presidential guard, who taken place by the end of the year. apparently thought that President Siad Amnesty International appealed for the Barre might be attacked after people in the release of all prisoners of conscience. The crowd shouted criticism of his opening organization urged that political prison rs SOMAlINSOUTH AFRICA

204 should not be detained unlawfully or tor­ execution in the nominally independent tured. or given unfair trials before the Bophuthatswana "homeland". National Security Court. It appealed for the In February State President F.W. de commutation of all death sentences. Klerk lifted bans imposed 30 years earlier In July Amnesty International published on the African National Congress (ANC). the n w details (including the testimony of the Pan Africanist Congress of Azania (PAC) sole survivor) of a massacre of 46 political and the South African Communist Party prisoners by soldiers in July 1989 at Jezira (SACP). and ordered the release of ANC beach near Mogadishu (see Amnesty Inter­ deputy president Nelson Mandela. who national Report 1990). The report criticized had been serving a life sentence since the government fo r not releasing the 1964. Restrictions on other political and finding of an official inquiry into the human rights groups opposed to apartheid killings and for not taking action against were also removed and more than 700 gov­ those responsible. On this and other occa­ ernment critics and opponents had their sions Amnesty International called on restriction orders lifted. Most had been the government to establish independent restricted to local magisterial districts and investigations into extrajudicial executions held under overnight house arrest. The and bring to justice those responsible. national state of emergency was lifted in In January Amnesty International sub­ three provinces in June and in the fourth in mitted further information about its con­ October. However. from August various cerm; in Somalia fo r United Nations r view magisterial districts were declared "unrest under a procedure established by the Eco­ areas" in which security forces were given nomic and Social ,ouncil Re olutions emergency powers of arbitrary arrest and 728F/1503. for confidential consideration detention. Preliminary negotiations began of communications about human rights between the ANC and the government violations. which were continuing at the end of 1990. As part of the process. exiled ANC leaders and others were given temporary immunity against prosecution to enable them to SOUTH AFRICA return to the country to participate in nego­ tiations and in August the ANC agreed to suspend armed actions by its military wing. In November the government issued guidelines relating to pardon and indem­ nity for past political offences. making them applicable both to opposition activists and government personnel. The year was marked by an unprece­ dented spiral of political violence resulting in thousands of deaths. many caused by fighting between ANC supporters and mem­ bers of the Zulu-based Inkatha organization headed by Mangosuthu Buthelezi. Chief Minister of the Kwazulu "homeland". From July the violence spread from Natal to the area around Johannesburg and else­ More than 1.500 critics and opponents of where. Some killings. for example. of black the government were detained without train commuters near Juhannesburg in charge or trial for up to six months. Some August and of residents of Pholo Park were allegedly tortured. Those held squatter camp in the East Rand in Septem­ included prisoners of conscience. At least ber. created suspicions that a "third force" 18 people died in police custody in suspi­ of political extremists. including security cious circumstances. and there was evi­ force members. was orchestrating the viol­ dence of security fo rce complicity in ence to sabotage the process{)f negotiations extrajudicial executions of government between the government and the ANC. opponents. A moratorium on executions About 450 government opponents were was announced pending a review of detained without charge or trial under the death penalty but there was one national state of emergency regulations in SOUTH AFRICA force since June 1986. Those still in deten­ Welverdiend police station near 205 tion were released when the emergency Carletonville was particularly identified was lifted in the Transvaal, Cape and with allegations of torture of political Orange Fr e State in June and in Natal in detainees. In October a local doctor was October. Some had been arrested aft r the reported to have said that at least 30 youths government lifted bans on opposition orga­ he had treated had sustained burn marks as nizations in February. One, Magwedzha a result of being tortured with electric Phanuel Mphaphuli, a leading official of shocks by police. An official inquiry was the United Democratic Front (uDr), was apparently initiated into police methods at held without charge or trial for 41 days fo l­ Welverdiend but its outcome was not lowing his arrest in March. !mownat the end of the year. About 200 other opposition activists Torture of detainees was also fr quently were arrested in "unrest areas" declared by alleged against the police in Bophuthat­ the Minister of Law and Order between swana: in one ca e in November a police August and the cnd of the year. In such constable disclosed in court that he had areas the security forces were empowered been taught at police college to assault pris­ to d tain suspects without charge for an oners "if a person does not want to tell the initial 30 days, which could then be truth". extended indefinitely with the minister's At least 18 people detained for political authorization. Eight members of the Azani­ or criminal investigation reasons died in an People's Organization (AZApO) were held police custody in suspicious circum­ for several months under this pravi ion stances. In several cas s the police said the after their arrest in Soweto in Septemb r. detainee had committ d suicide or had More than 600 people were detained in been shot while trying to escape. Some Bophuthatswana, where a state of em rg­ deaths, however, appeared to be the result ency declared on 7 March was still in force of torture. Eugene Thokozane Mbulwana, at the end of 1990. Those held included a 15-year-old, was allegedly severely ANC activists, some 55 of whom were arres­ assaulted at Welverdiend police station ted in November after Bophuthatswana before he died three days after his arrest President Lucas Mangope accused the ANC in July. A youth detained with him was of conspiring to overthrow his administra­ later shot dead by police in suspicious tion by force. Dr Thabo Rangaka, a hospital circumstances shortly after a statem nt he sUperintendant, was one of those held but had made about Eugene Thokozane Mbul­ he and the others were all released wana's death was publicized in the press. uncharged within two weeks. Only one death in custody, that of Sec­ At least 217 opposition activists were tion 29 detainee Clayton Sizwe Sithole in detained throughout South Africa under January, was made the subject of an inde­ Section 29 of the Internal Security Act, pendent judicial inquiry. The judge con­ which permits indefinite incommunicado cluded that, as the police had alleged, the detention without charge or trial in solitary detainee had committed suicide, but com­ confinement for security police interroga­ mented that the pravi ions of Section 29 tion. The number of such arrests incr ased are "drastic and make serious inroads into after the national state of emergency was tlw normal rights and privileges of every lifted. Those held included prominent citizen". members of the ANC, SACI' and other politi­ More than 5,000 people were brought cal organizations, as well as human rights to trial accused of politically motivated lawyers and members of white extremist offences, but the situation of ANC members organizations. Some were held for six and others accused of viol nt offences months, including J.B. Sibanyoni, a human was uncertain due to the government's rights lawyer arrest d in June and released agreement to grant indemnity to some uncharg don 14 D cember. opponents. Some trials were delayed while Some Section 29 detainees were re­ the accused applied for indemnity. ported to have been tortured or ill-treated. Sathyandranath "Mac" Maharaj and eight David Madurai, a UDF activist held from other ANC and SACI' members accused in January to May, said police officers had connection witll an alleged SACI' plot to beaten him, threatened him with electric overthrow the government were among shocks and partially suffocated him whil those who applied for indemnity. Arrested he was held in Durban. in July, they were released on bail in SOUTH AFRICA

206 November while the government consid­ wounding of 281 others by police at ered their indemnity applications. Sebokeng in March. In a report published There was a notable development in in September, it concluded that the police March when the Cape Town Supreme had acted unlawfully by shooting without Court ruled that the state should prove that warning into a crowd of peaceful demon­ contested pre-trial confessions made by strators, and recommended that the Attor­ four people accused in a major treason trial ney General should consider charging 34 had been made freely and voluntarily. police officers. The Attorney General had Eight of the 14 defendants were then not made known his decision by the end of released. Previously, the courts had accep­ the year. ted contested prc-trial confessions unless In November, while hearing an action the defence could prove that they had not for damages brought against two newspa­ been given freely. pers by the police, the Johannesburg Two prisoners of conscience impris­ Supreme Court was told by a former oned fo r their conscientious objection to Military Intelligence agent that he had military service were released as a result of attempted to kill ANC members abroad with legal changes which halved the period of poisons provided by the police. compulsory military service and an Appeal Despite these official inquiries and the Court decision in March. The court ruled announcement in July that the cell was to that the length of sentences imposed on be disbanded, further killings of political conscientious objectors was discretionary activists occurred, giving rise to specula­ and not mandatory under the 1957 Defence tion that the CCIl or other clandestine secur­ Act. David Bruce and Charles Bester were ity force units were st ill operating. In one released when their si x-year sentences case, Jef f Wabena, a trade union activist were reduced to 20 months. Dr Ivan Toms' and ANC official, was shot dead by an 18-month sentence was reduced by half. unidentified gunman at a meeting in He had already been freed on bail. Mdantsane township on 12 October. Allegations of security force involve­ There was a dramatic reduction in the ment in extrajudical executions and other use of the death penalty. One execution unlawful activities were considered by sev­ was carried out in Bophuthatswana where eral judicial commissions of inquiry. In 19 other prisoners were under sentence of February the government appointed Judge death at the end of 1990, but there were no Louis Harms to inquire into allegations executions in the rest of South Africa. made in 1989 by a form r security police­ In February the government declared a man awaiting execution, Butana Almond moratorium on executions pending a Nofomela (see Amnesty International review of legislation r lating to the use of Report 1990). The Commission took evi­ the death penalty. More than 330 prisoners dence from former members of a security remained on death row in Pretoria at the police counter-insurgency unit and from end of the year. There was also a moratori­ members of a covert military unit, the Civil um on executions in the nominally inde­ Cooperation Bureau (CCIl). Some of the wit­ pendent Transkei "homeland", where 89 nesses alleged that they had been involved prisoners remained on death row while a in offiCially sanctioned killings and commission of inquiry reviewed the use of attempted killings of government oppo­ the death penalty. In the Ciskei "home­ nents. The inquiry's findings were pub­ land" a draft bill of rights issued by a new lished in November: it concluded that the military administration in September pro­ cell had taken unlawful action against ANC posed prohibition of the death penalty and members and others held to be "enemies commutation of all death sentences to life of the Republic", but said the evidence of imprisonment. the former security police personnel was In July the Criminal Law Amendment too unreliable to permit findings in specific Act came into force. This retained the cases. However, it urged the Attorney death penalty as a discretionary but no General to investigate further the possible longer mandatory sentence in murder involvement of a CCIloperative in the 1986 cases, and provided for automatic appeal murders of Dr Fabian Ribeiro and his wife and clemency procedures for all prisoners (see Amnesty lnternationalReport 1987). sentenced to death. The amended law Another judicial inquiry investigated retained the death penalty for seven the fatal shootings of 12 people and the offences, ranging from attempted robbery SOUTH AFRICA/SPAIN

with aggravating circumstances to treason civilians, were killed during the year in 207 in wartime. but provided for an in camera attacks by armed groups such as Euskadi review by a nine-member panel of judges Ta Askatasuna (ETA), Basque Homeland and academic lawyers of certain categories and Liberty, and Grupas de Resistencia of case of people sentenced under the old Antija scista Primero de Qelubre (GRAPO), law. Prisoners and their legal representa­ First of October Anti-Fascist Resistance tives were entitled to make written submis­ Groups. The special legal procedures appli­ sions but not to attend the review hearings. cable to detainees suspected of belonging By the cnd of the year the Department of to armed groups remained in fo rce. Under Justice had indicated that at least 120 cases these, extended incommunicado detention were to be reviewed. of lip to five days may be imposed by judi­ Amnesty International appealed fo r the cial order and the detainee's lawyer may be releas of prisoners of conscienc . fo r the appointed by the court. prompt. fa ir trial or release of other politi­ cal detainees and for impartial investiga­ tion of all reports of torture and deaths in police custody. The organization pressed for the abolition of the death penalty and welcomed the moratorium on executions. calling for all sentences to be commuted. In a report published in April. Amnesty Inter­ national also criticized the imposition of judiCial whippings by the courts and the involvement of medical personnel in the administration of the punishment. Amnesty International repre entatives undertook two visits to South Afri a for research purposes and an Amnesty interna­ tional observer attended part of the pro­ ceedings of the Harms inquiry. The In April the Ombudsman, in a statement organization submitted a memorandum to parliament, expressed concern about the proposing additional human rights saf ­ persistence of cases of alleged ill-treatment guards to a Law Commission appointed by of detainees by members of the security the government to draw up a draft Bill of fo rces. His report emphasized the deliber­ Rights. Amnesty International also submit­ ate obstacles to investigation created by ted information on its concerns in outh officers accused of ill-treatment and the Africa to the United Nations (UN) Special fa ilure of the r sponsible authorities to Committee Against Apartheid and other UN clarify the facts. bodies. In November parliament vot d to ratify the econd Optional Protocol to the Inter­ national Covenant on Civil and Political Rights Aiming at the Abolition of the Death SPAIN Penalty. A reservat ion was entered retain­ ing the death penalty under the Military Six conscripts were imprisoned as Penal Code. deserters after declaring their consci­ Six conscripts were imprisoned after entious objection to further military ser­ they left their barracks and declared their vice. There were allegations that prison conscientious objection to further military officersand members of the security fo rces service. Under the law. the right to consci­ had ill-treated detainees and prisoners. entious objection and alternative civilian After long delays, significant verdicts were service may only be exercised "until the reached in trials of police and Civil Guard moment of incorporation into the armed officer accused of il1-treatment. Inquiries forces". Carmelo Sanz Ramiro, a baker who Were opened into disputed killings of had completed several months' military members of an armed Basque group by service when ho left his barracks. said he security fo rces. fe lt that continuing his servi e would be It was estimated that 32 people, includ­ incompatible with his pacifist beliefs. He ing members of the security forces and was arrested and imprisoned fo r desertion SPAIN

208 in February after he presented himself with evidence. Three other officers were voluntarily to military authorities. He had acquitted. The judgment severely criticized applied for recognition as a conscientious the obstructive behaviour of the defendants objector about one week earlier. In March and made specific reference to the "innu­ he was placed in isolation fo r several merable difficulties" th court had faced weeks for refusing to wear a military prison in obtaining basic information. The uniform. It was alleged that his civilian defence and prosecution entered appeals. clothing was removed, leaving him in his In June an exchange of gunfire occurred underwear, and that his correspondence in the Foz de Lumbier in Navarre between and reading material were withheld. His members of an armed ETA group and the lawyer and girlfriend were denied visits. security forces. One Civil Guard sergeant He was released in May but ordered to was killed and another wounded. Two report back to barracks to continue his mil­ members of the r:rA group were later fo und itary service. According to news reports he dead and a third was seriously wounded. was rearrested in October fo r refusing to The Minister of the Interior stated the next comply with this order but released and day that the fo.- rA members had apparently exempted from all further military service committed suicide to avoid being taken for medical reasons. alive and that the third member of the In January the National Police stopped group had tried to kill himself, but fa iled. Jose Antonio Montoya and a friend in a Doubt was thrown on this explanation by car in Valencia and ordered them to get reports that one of the dead had been shot out and produce their papers. Reportedly, twice in the side of her head and the oth r when they went to fe tch them, the police had substantial quantities of water in his assaulted them. Jose Antonio Montoya body. JudiCial inquiries were opened into alleged that he was beaten on his head, the circumstances of the deaths. In July neck and arm with truncheons befor!' being there were reports that the Civil Guards handcuffed and taken to hospital fo r treat­ had attempted to impede these inquiries, ment. Medical evidence, including photo­ which had not b en concluded by the end graphs, showed stitches to his head and of the year. severe contusions on his arm and back. On 18 September an fo.TA member, Mikel Jose Antonio Montoya made an official Cast ill6. was shot and killed in Pam plona complaint but the police fa iled to attend while attempting to escape from a police preliminary investigations in May and July. officer. He was reportedly unarmed and his There was no further news regarding the family brought a private petition alleging progress of the investigation by the end of homicide. His companion, Bautista Baran­ the year. dalla, was arrested and alleged that he had In Ma) a judicial investigation was been beaten and nearly asphyxiated while op!'ned into allegations that 17 men had in custody. A third man escaped. Judicial hpl'n b Bten earlier that month by guards inquiries into the allegations were open d during a transfer of prisoners after a distur but had not 1)(,()1l completed by the end of banc(' in the Modelo prison in Barcelona. A the year. lawyer who interviewed the prisoners Amnesty International considered that stated that some of them were badly individuals should be able to claim con­ bruised. The administrator and the d 'puty scientious objector status at any lime director of the prison were reportedly and appealed for the release of conscien­ suspended fo llowing the incidents. tious objectors it considered to be prisoners In 'ovember a court in Bilbao con­ of conSClOnce, including Carmelo Sanz demned nine Civil Guard officers to sen­ Ramiro. tences mc1uding impnsonment. fines and Amnesty International expressed con­ dlsqualihcatlOn from duty on charges relat­ cern to the authorities about allegations of ing to the torture 01 Tomas Linaza III 1981 ill-treatment. In July it wrote to the Minis­ (see Amnesty International Report 1982). ter of Justice urging the fu llest possible Two oflicers were fo und guilty of torture judicial investigation of tfie shootings in and the other seven were fo und guilty of the Foz de Lumbier and subsequently deliberately fa iling to perform their duty expressed concern about the reported to prevent torture. In addition, the most abuse of the judiCial process by Civil Guard senior officer was found guilty of refusing officers. No reply had been received by to cooperate with the law and tampering the end of th year. In October Amnesty SPAIN/SRI LANKA

International wrote to the Attorney General controlled the provincial council under 209 expressing concern about the shooting of Indian patronage, fled the area. Mikel Castill6 while reportedly unarmed In June the LTIE captured numerous and the allegations of ill-treatment made by police stations in the east and took prison­ Bautista Barandalla. The Attorney General er hundreds of police officers who surren­ replied in November with information dered. Most Sinhalese and Muslim officers about the two judicial inquirie then in among them were reportedly beaten and progress. killed in captivity. Many Tamil officers were released but some reportedly remained in captivity at the end of the year. righting ensued between government SRI LANKA forces and the LTIE, which evacuated major towns in the ea t as government forces moved in. Most of the ]affna peninsula, where about 200 government soldiers and police remained besieged in Jaffna fo rt until September, remained in LTIE control at the end of the year. Reprisal killings of Tamil civilians by Muslim groups in the east, some of whom were apparently armed by the government, were reported in August after hundreds of Mu Hm civilians were killed, apparently by the LTIE. In October the LTIE issued an ultimatum to Muslims in Mannar, Mullaittivu, Kilinochchi and Jaffna dis­ tricts to leave the area or be killed: tens of thousands fled. Thousands of people "disappeared" or In the south, the government said in Were extrajudicially executed in the north­ January that it had destroyod the armed east; many were tortured and then killed opposition !anatha Vimllkthi Peramllna in custody. An unknown number of others (Ivr), People's Liberation Front. According were detained in the area. In the south, to government figures, the IVP had "disappearances" and extrajudicial execu­ murdered 6,517 people between late 1987 tions continued to be committed by gov­ and March 1990. There were markedly ernment fo rces and "death squads" linked fewer reports of killings by the IVI' in 1990 to them, but on a lesser scale than in 1989. than in 1989. However, 15 members of a About 9,000 political prisoners remained village "vigilance committee", which had in detention without trial fo r alleged reported on suspected subversives to the connections with an armed Sinhalese security fo rces. were murdered in Matara opposition group. The government took no District in July. The government attrib­ steps to clarify the fa te of thousands of uted the killings to the IW. people who had "disappeared" in the In the northeast the LTIE was allegedly south since 1987, nor of over 680 people responsible for hundred of killings, who had "disappeared" in the northeast in including the murder of many hundred previous years. Sinhalese and Muslim civilians. For exam­ Indian troops, who had been responsi­ ple. the LTI'E reportedly killed 27 Sinhalese ble for the security of the northeast since civilians whom they dragged from a bus July 1987, completed their withdrawal by near Trincomalee in August and about late March. Following heavy fighting with 140 Muslim worshippers in mosques at rival Tamil groups, the Liberation Tigers of Kattankudy in August. The LTIE also Tam i! Eelam (LTTE) - the "Tamil Tigers" - reportedly tortured and killed prisoners. took control of Northeastern Province and killed or imprisoned numerous members or continued negotiations with the Sri Lanka sympathizers of rival Tamil groups. and Government about the future administra­ imprisoned Tamil civilians for ransom. tion of the province. Members of the Outside the northeast. the LITE was Eelam Peopl 's Revolutionary Liberation wid ly suspected of responsibility fo r the Front (LI'RLF) and allied groups, who had assassination in olombo of an EPRLF SRI LANKA

210 member of parliament in May and for the ment forces, and were feared to have been murders in Madras, India, of 14 EPRLF killed in custody. Victims included babies central committee members in June. and their mothers, children, and elderly In February President Ranasinghe Pre­ men and women. In Batticaloa town alone madasa repealed Emergency Regulation over 1,200 people reportedly "disap­ 551'1' which had permitted police to dis­ peared" between June and October. pose of bodies without post-mortem or Government security forces often inquest. However, the remaining Emergen­ refused to acknowledge individual deten­ cy Regulations still enabled security forces tions and the authorities, despite to dispose of bodies secretly and extrajudi­ widespread detentions, did not disclose cial executions continued. Several other how many political prisoners were held in regulations were repealed or amended, but the northeast nor whether any had been the state of emergency remained in fo rce at charged. Any person suspected of even the end of the year. minimal contact with the L'r'rE was at risk Government fo rces in the northeast of detention, "disappearance" or extrajudi­ were reported to have extrajudicially exe­ cial execution. Members of Tamil and Mus­ cuted thousands of defenceless civilians in lim armed groups which opposed the LTTE areas they had regained, using counter­ helped the security forces to identify terror tactics similar to those employed in L'ITE suspects, and in some areas armed the south in 1989 (sec Amnesty Interna­ cadres of certain Tamil groups were tional Report 1990). Victims were report­ deployed alongside government security edly shot, bayoneted, stabbed or hacked to forces. death; some were said by witnesses to have In the predominantly Sinhalese south, been burned alive. In eastern areas, besides hundreds of extrajudicial executions and helping the army round up suspects, "disappearances" were reported, although Muslim Home Guards also reportedly com­ this represented a marked reduction from mitted extrajudicial executions. 1989 (sce Amnesty International Report Victims' bodies were regularly left in 1990). In June scores of corpses were found the open. The identities of many remained near former army camps, apparently the unknown; others, presumably killed in bodies of prisoners killed at the camps custody, were identifiedas people who had before troops were redeployed to the north­ been detained by security fo rces days east. Bodies of suspected victims of extra­ earlier. Some had been burned beyond judicial execution continued to be fo und in recognition or mutilated. In Amparai the following months. District, where the Special Task Force, a Richard de Zoysa, a journalist who had police commando unit, was especially reported on human rights issues, was active. bodies - some without heads - among those killed in February. He was began to be washed up on the beaches from abducted by gunmen from his home in the eptember. capital, Colombo. The fo llowing day his In Amparai District alone at least 3,000 naked body was fo und in the sea with bul­ Tamil people were reportedly killed or let wounds to his neck and head. Although "disappeared" between June and October, his mother identified one of the alleged many of whom were believed to have been killers as a senior police officer, a magiste­ victims of extrajudicial execution. In Bat­ rial inquiry into his death was discontin­ ticaloa and Vavuniya districts, as well as in ued in August and no action was taken other areas, widespread extrajudicial exe­ against the police officer allegedly cutions were also reported after govern­ involved. Richard de Zoysa's mother and ment troops moved in. her lawyer both received death threats in Both the security fo rces and the govern­ May when they pressed for a full inquiry ment refused to acknowledge that many into his murder. Other human rights defenceless people had been deliberately defenders were also at risk: at least five killed. Government statements referred members of parliament who had raised only to atrocities committed by the L'rrE human rights cases received death threats. and the deaths in combat of "Tamil Tigers" In September Kumaraguru Kugamoorthy, a and security fo rces personnel. radio producer and human rights activist, Thousands of men and women report­ "disappeared" after being abducted in edly "disappeared" in the northeast after Colombo by an armed group believed to be widespread arbitrary detentions by govern- connected with the security forces. SRI LANKA

"Disappearances" continued to be re­ suspect. The child was later released and 211 ported from the south fo llowing detentions the fa ther arrested. The father spent one by uniformed police officers and abduc­ month in detention before his arrest was tions by plainclothes squads believed to be acknowledged. attached to the security forces. The victims Emergency Regulations provide for included former /VP suspects who had pre­ indefinite detention without charge or tria\. viously been detained but then released. and the Prevention of Terrorism Act (lyrA) and young Tamil men apparently suspect­ provides for up to 18 months' detention ed of links with the L'I'm. In Colombo and without charge or trial. Detainees are fre­ elsewhere hundreds of young Tamil men quently held incommunicado, providing a were detained by both uniformed and ready context for torture and ill-treatment. plainclothes personnel fo llowing the out­ Charges were brought against security break of hostilities in the northeast in June. forces personnel for extrajudicial execu­ Many were released after questioning but tions in only a few cases. Among those at least seven reportedly "disappeared". charged were eight police officers, who The Eelam People's Democratic Party, an were accused of murdering 12 prisoners at anti-LTI'E Tamil group, reportedly detained Nitlambuwa, Gampaha District, in Febru­ and interrogated suspects in Colombo with ary. A prisoner who survived with injuries the assent of the government, before hand­ witnessed the executions in a jungle clear­ ing them over to the police. ing. The fo llowing morning he led people The government took no steps to inves­ to the site, where the naked and charr d tigate the thousands of "disappearances" bodies of the victims were fo und. The case reported in recont years. Evidence mount­ was widely publicized, and an inquiry was ed during 1990 of the massive scale of "dis­ held. No security forces personnel was appearances" and extrajudicial executions known to have been charged in connection which took place in 1988 and 1989 and with "disappearances". were believed to number tens of thousands. The trial of three police officers accused In September the police confiscated details of murdering Wijedasa Liyanarachchi in of 533 "disappearances" from an opposi­ September 1988 (see Amnesty Interna­ tion member of parliament who was about tional Report 1989) continued without to take them to a meeting of the United conclusion. Nations (UN) Working Group on Enforced Five people charged under the PTA and or Involuntary Disappearances in Geneva. Emergency Regulations with a grenade The papers were returned to him in Octo­ attack on the parliament building in ber after he filed a petition in the courts August 1987 (see Amnesty International alleging infringement of his fundamental Report 1988) and other offences were rights. acquitted. The court found that their con­ In January the government announced fessions had not been made voluntarily. On that detainees held without charge or trial their release in December, two of the defen­ in the south under Emergency Regulations dants were immediately detained under a would be screened for involvement with fresh detention order and the state filed an the jVP. Criminal charges would be brought appeal against the judgment. where there was evidence of serious The Supreme Court awarded damages involvement; those marginally involved to several victims of illegal detention and would be released on probation; those torture, including in April to a lawyer who believed to have been involved but against had been illegally detained in 1987 for 10 whom there was no evidence would months, and in July to a 16-year-old girl remain in detention for "rehabilitation", who had been illegally detained and tor­ although the legal basis for such rehabilita­ tured in 1988 (see Amnesty International tion was unclear. At the end of 1990 about Report 1989). There were reports of the 9,000 prisoners remained in detention intimidation of people who had filed fun­ without trial. damental rights petitions. Detentions of /VP suspects continued in Throughout the year Amnesty Interna­ the south. Suspects' relatives were at times tional urged the government to implement detained in place of the wanted person. In effective safeguards against extrajudicial one reported case a ix-year-old child ()xecutions, "disappearances" and torture was detained in October by Kuliyapitiya in all areas of the country. It urged that police who had sought the father as a /VP independent commissions of inquiry be SRI LANIWSUDAN

212 established into reported extrajudicial executions and "disappearances", that those fo und responsible be brought to SUDAN justice and that victims or their relatives be compensated. In May Amnesty International called for an immediate halt to illegal killings and incommunicado detention by fo rces of the LTIE. In oral statements to the UN Commission on Human Rights and the UN Sub­ Commission on Prevention of Discrimina­ tion and Protection of Minorities, Amne ty International included reference to its con­ cerns in Sri Lanka about extrajudicial exe­ cutions and incommunicado detention under Emergency Regulations and the PTA. In September Amnesty International published a major report, Sri Lanka: Extra­ judicial Executions, "Disappearances" and Hundreds of real and suspected govern­ Torture, 1987 to 1990, which covered the ment opponents were prisoners of con­ period to June 1990, and a further report science. Some were detained in 1989 and including new violations committed by held without charge or trial throughout both government forces and the LTIE which 1990. Over 150 others were arrested dur­ had occurred in the northeast after June. ing the year. At least 90 prisoners of con­ Amn sty International publicly urged the science were released. Some government government to take action to halt the long­ opponents were sentenced to prison terms standing pattern of gross human rights and 30 army officers were executed after violations and to introduce effective safe­ grossly unfair trials. Government troops guards for human rights. reportedly committed dozens of extrajudi­ In December Amnesty International cial executions. At least three people con­ expres ed concern that a "Special Task victed of criminal offences were executed. Force" created by the government in However, a prisoner of conscience sen­ November to "monitor and deal effectively tenced to death in 1989 was pardoned and with all violations of human rights" was released. not an independent body, and that its The nationwide state of emergency objectives placed too great an emphasis declared by the National Salvation Revolu­ on countering international expressions of tion Command Council (NSRCC) fo llowing con ern about Sri Lanka's human rights the June 1989 military coup (see Amnesty record rather than on the fu ll investigation International Report 1990) remained in and remedy of past and continuing force throughout the year. Fighting contin­ violations. ued in the south between government In January two government ministers forces and the armed opposition Sudan claimed publicly that Amnesty Interna­ People's Liberation Army (SPLA), which tional was a "terrorist organization" which controlled large areas in the south. The had funded JVP propaganda, but were SPLA continued to hold several senior mem­ unable to produce evidence to support this bers of its own organization who were sus­ fa l e allegation when challenged to do so. pected of opposing the SPLA leadership. At In December a letter to Amnesty Inter­ least 1,500 members of the Sudanese army national from a presidential adviser was were reported to be detained by the SPLA. In published in a Colombo newspap r which March the SPLA agreed to join a coalition of argued that "when security fo rces have to opposition groups, the National Democrat­ deal with terrorist groups ...exces cs are ic Forum (ND!,). and endorsed the NDF'S bound to occur". charter which calls for popular opposition Amnesty International told the govern­ to the military government and a return to ment several times of its wish to send a democratic rule in Sudan. delegation to Sri Lanka to discuss its con­ On 31 December the Head of State, cerns, but received no response. Lieutenant- en ral Omar Hassan al-Bashir, SUDAN

announced that Shari'a (Islamic law) responsible for a massacre of civilians in 213 would be immediately implemented in al-Daien in 1987. At least 12 lawyers, northern Sudan. However, it was not clear including Mustafa Abdelgadir, and dozens whether this meant that the "September of trade union activists were also held Laws", enacted in 1983 and partial! y sus­ without charge or trial throughout the year. pended in 1985, would be reintroduced. New arrests of trade union activists Based on an in terpretation of Islamic occurred in May after a rail strike. Most jurisprudence, these laws had provided for were released within a short time, but at the judicial amputation of limbs, flogging least five railway workers' leaders were as a penalty for numerous offences, and believed to be in detention at the end of the stoning and crucifixion as methods of year. More than 65 other men and women execution. were also arrested in May, mostly in The state of emergency continued to Khartoum, and remained in detention give the government extensive powers of without charge or trial at the end of 1990. administrative detention. Detainees were Among them were two prominent mem­ held without charge or trial on an bers of the Umma Party, members of the indefinite basis. No reasons for their Socialist Arab Ba'th Party and academics imprisonment were given. The detentions known to support the NUl-'. could not be challenged by the courts and Many arrests were reported in areas were not reviewed by any form of indepen­ affected by the conflict with the SPLA, dent tribunal. However, some detainees notably in the south. In February about 200 were freed, apparently after their cases suspected SPLA supporters were arrested were reviewed by NSRCC officials. and detained at an army barracks in Juba. At least 250 suspected opponents of the Some were later released but an unknown NSRCC were prisoners of conscience at the number of others were apparently still held start of the year. Of these, 90 were released at the end of 1990. Dozens of other people by the end of March: government officials of southern ongm were arrested in thereafter said that there were no political Khartoum in February, March, September prisoners being held although further and December, including many who were releases took place in August and October. still being held incommunicado and with­ However, more than 150 other non-violent out charge or trial at Kober prison at the critics or opponents of the government end of 1990. were arrested during the year and at least A minority of those arrested were 300 prisoners of conscience were being charged and brought to court, but they held at the end of 1990. received unfair trials. In May, 24 army Those released included most of the 80 officers stood trial before militarv courts on political leaders and former government charges of conspiring to overthrow the gO\ officials arrested after the June 1989 coup ernment: 23 were convicted and on!' wa� (see Amnesty International Report 1990). acquitted. Two of the convicted priSOn('fS Several members of the Umma Party, were sentenced to death but the Head 01 however, were rearrested in October. For­ State immediately commuted their spn­ mer prime minister Sadiq al-Mahdi was tences to life imprisonment. Twentv others released fro m prison in January but placed received prison sentences ranging f;om two under house arrest: during April fle was years to life imprisonment. and one was set confined to one room and denied all visits free. The trial was held in camera and the and medical treatment. Thereafter, he con­ defendants werc denied legal representa­ tinued to be denied visits but was permit­ tion and the right to appeal to a highcr ted to see his doctor. court. One of the prisoners of conscience who On 23 April the government announced remained in detention without charge or that it had fo iled a coup attempt and that trial throughout 1990 was Or Ushari army officers had been arrested. On the 101- Ahmed Mahmoud. a university lecturer lowing day. 28 army officers were executed and prominent human rights activist who fo llowing a summary court-martial. Most was arrested in 1989. In March he was had been arrested on 23 April, but two moved to Shalla prison in Darfur where were already in custody before the alleged conditions were barsh, after he apparently coup attempt. The trial lasted only two refused to withdraw an allegation that an hours and the officers were denied legal armed pro-government militia had been representation and the right to appeal to a SUDAN

214 higher court. Fourteen other officers were government troops continued in southern tried by military courts in connection with Sudan. Between February and May, the same alleged coup attempt: fo ur were 13,000 government soldiers travelled from sent to prison fo r periods ranging from Malakal to Juba, reportedly burning and three to 15 years; four were dismissed from looting several villages and killing dozens the armed services; and six were acquitted. of unarmed villagers. Among the dead Two other officers were executed in July were four elderly men who were burned after they were convicted of involvement inside their cattle shed by soldiers in Dior, in the April coup attempt. near Ayod. [n late May fo ur men, including Torture and ill-treatment of political two Roman Catholic religious tea hers, detainees, particularly those held were arrested by government troops in incommunicado by the security services in Meridi in southern Sudan on suspicion of secret detention centres in Khartoum, con­ being SPLA supporters. They were tortured tinued to be reported. The purpose and set on fire by soldiers. One of them, appeared to be to obtain information or Louis Laku, died in hospital on 16 confessions and to punish suspected oppo­ September as a result of his injuries. Pro­ nents of the military government. Com­ government militias, known as the Popular monly reported methods of torture Defence Forces, also extrajudicially exe­ included beatings with rifle butts and trun­ cuted unarmed civilians in Bahr al-Ghazal cheons, flooding of cells with cold water, province and other areas in the south. mock executions and sleep deprivation. At least 33 people were executed, Victims were also burned with cigarettes, including the 28 army officers executed on suspended from trees, and forced to crouch 24 April and the two others executed in during interrogation with stones gripped July. In addition, Gergis al-Ghous, who was between their legs while being whipped. sentenced to death in December 1989 for Dr Ali Fadul, a prisoner of conscience, attempting to smuggle fo reign currency out died in April, apparently as a result of tor­ of the country (see Amnesty International ture at a secret detention centre. He had Report 1990), was hanged in February. been an active member of the Sudan Doc­ Two further executions were reported in tors' Union, which was banned after the August. The victims, who had been con­ 1989 coup. The authorities said that he had victed of theft and murder, were hanged in died of malaria but refused to show his al-Fasher before a large crowd: their bodies body to his family and denied their request were then taken down and crucified. At for an independent autopsy. Unofficial least two other people were sentenced to sources said that he had died of an internal death for drug-trafficking but had not been haemorrhage and a skull fracture caused by executed by the end of the year. An army torture. colonel convicted of embezzlement was Conditions in Shalla prison in Darfur sentenced to death in early December. Province were reportedly harsh and politi­ People sentenced to death since the cal prisoners were transferred there as a June 1989 coup were not allowed to appeal punishment. Inmates were said to be held against conviction to a higher court and in overcrowded cells, given insufficient were not allowed proper legal representa­ water and, in many cases, to have become tion at their trials. Dr Maamum Mohamed ill owing to inadequate sanitation. Urgent Hussein, a prisoner of conscience who had medical treatment was reportedly denied been sentenced to death in December 1989 or unavailable although two seriously ill (see Amnesty International Report 1990), prisoners were moved to Omdurman mili­ was pardoned by the Head of State and tary hospital in April. Prisoners at Shalla released in May along with another pris­ were denied family visits, as were some oner of conscience who had been sen­ political prisoners held elsewhere in the tenced to life imprisonment. More than 100 country. people convicted of murder in previous There was an increase in public years were believed to remain under sen­ floggings. Street vendors operating without tence of death. a licence, most of them women, were sum­ Amnesty International repeatedly urged marily tried in market places by Public the Sudanese Government to release all Order Courts. Convicted vendors were prisoners of conscience and allow all those flogged on the spot. detained since the 1989 coup to challenge Extrajudicial executions of civilians by their imprisonment in court. [t protested SUDAN/SURINAME

about the use of torture and the increasing conflict. Most human rights violations 215 number of people sentenced to death. The committed before the civilian government organization also called for the commuta­ took office in 1988 had still not been tion of the death sentence imposed on Dr investigated. Maamun Mohamed Hussein and of all The armed conflict which started in other death sentences. It frequently urged 1986 in opposition to the military govern­ the government to investigate reports of ment continued after the change to a demo­ extrajudicial executions and to stop prison­ cratically elected government in 1988. ers being killed by troops or militia. In Negotiations to end the conflict had not August Amnesty International published a succeeded by the end of 1990. In May the report, Sudan: The Military Government's National Assembly passed a law withdraw­ First Year in Power - A Permanent Human ing from the military police the power to Right.c; Crisis, which detailed the wide arrest civilians and to conduct criminal range of human rights violations recorded investigations into offences involving civil­ since the June 1989 coup. In October ians. The exercise of these powers over a Amnesty International's Secretary General number of years had led to human rights met the Head of State to explain the organ­ violations and a deterioration of the rela­ ization's concerns. tionship between the police force and the In oral statements to the United Nations army: police personnel investigating crimi­ (UN) Commission on Human Rights and the nal offences allegedly committed by mem­ UN Sub-Commission on Prevention of Dis­ bers of the army had received threats, crimination and Protection of Minorities in including death threats. In late December August, Amnesty International included Lieutenant-Colonel Desi Bouterse resigned reference to its concerns in Sudan. as Army Commander following alleged Amnesty International also submitted a disagreements with President Ramsewar communication under the African Charter Shankar. Two days later, on 24 December, on Human and Peoples' Rights concerning the military took power in a bloodless "a series of serious or massive violations" coup which led to the resignation of of human rights guaranteed by the Charter. the President. The National Assembly appointed Johan Kraag as President. The military promised to hold elections within 100 days. Lieutenant-Colonel Bouterse SURINAME subsequently returned to the post of Army Commander. Government soldiers killed three people in circumstances suggesting that they may have been extrajudicially executed. In ... March Stewart Deel and John Apai, body­ guards of Ronny Brunswick, the leader of the Jungle Commando, were killed while accompanying him to a meeting with the head of the army, held as part of the negoti­ ations to end the armed conflict. The two men were reportedly shot by soldiers at Lieutenant-Colonel Bouterse's office in Paramaribo; the victims were reportedly unarmed. Ronny Brunswick and other members of the group were arrested and held for two days by the army, purportedly At least three people died in circum­ on suspicion of drug-trafficking, but were stances suggesting that they were extra­ released on government orders. judicially executed. There were new In August police Inspector Herman reports that government soldiers killed Goodings was kill d shortly after leaving people suspected of collaborating with the the military headquarters at Fort Zeelandia Jungle Commando, an armed opposition where he and a colleague were investigat­ group. At least four members of an armed ing the arrest of two police officers Amerindian group associated with the by members of the army. His car was army were killed fo llowing an internal inter epted by a military vehicle and his SURINAME/SWAZILAND

216 colleague was allowed or forced to leave. Inspector Goodings' body, with gunshot wounds, was found the fo llowing day near SWAZILAND the area where his car had been stopped. Inspector Goodings had investigated the involvement of an army officer in the killing of a group of people near Mungota­ pu in November 1986 (see Amnesty Inter­ national Report 1987) and had expressed dissatisfaction when the officer was relea ed on an order from Lieutenant­ Colonel Bouterse. The government appointed a commission to investigate his killing but there was no indication that the investigation had been completed by the end of the year. In July two men, believed to have been unarmed, were reported to have been killed in Nieuw Aurora because they were suspected of cooperating with the Jungle Eleven suspected government opponents Commando. One of them was reportedly were prisoners of conscience, of whom five shot and then beaten to death with guns. were still held at the end of the year. All There was no indication that the author­ five wereheld without charge or trial after ities investigated these deaths. being acquitted of treason. A member of In February dissenting members of the royal fa mily was rearrested and the Tucayana Amazonas, an armed detained without charge or trial after Amerindian group generally associated being acquitted of treason. One detainee with the army, sought asylum in Guyana alleged ill-treatment in police custody and but were returned to military custody in at least 80 students were injured, in three Suriname. While in custody four of them cases reportedly fatally, as a result of were taken away, allegedly by a group of police beatings. Three people were sen­ unknown armed men. The authorities had tenced to death and one person under sen­ not clarified their fate or whereabouts by tence of death was reprieved. There were the end of the year. no executions. Most of the human rights violations Several dozen students, trade unionists committed before the civilian government and others were arrested in May and June took office were not investigated. The as suspected supporters of the People's chances of such investigations ever taking United Democratic Movement (PlJOEMO), an place were considerably reduced when illegal opposition party under a 1973 royal fires, reportedly started intentionally, decree banning all political parties. Most destroyed several public buildings contain­ were released within a few days, but 11 ing important evidence. were charged with treason, sedition and Amnesty International wrote to the other offences. They included Mpandlana President in September expressing concern Shongwe, President of the Swaziland about the killings of Stewart Deel, John National Union of Students, and Sabelo Apai and Inspector Herman Goodings. The Dlamini, a law student who alleged that he organization said it was concerned that was assaulted by the police after arrest. Inspector Goodings could have been killed Charges against one of the 11, Boy in retaliation for his investigation of mem­ Magagula, were withdrawn in September. bers of the army. It requested information However, when he refused to testify for about the investigation into his death and the prosecution, he was rearrested and about any investigation undertaken into charged again. He was released on bail and the killing of Stewart Deel and John Apai. had not been tried by the end of the year. No reply had been received by the end of The 10 others stood trial in the High Court the year. in October. They were accused of forming PUDEMO with the intention of forcibly over­ throwing the government. Four were acquitted of all charges. The other six were SWAZILAND/SWEDEN

acquitted of treason and sedition but con­ 217 victed of contravening the 1973 decree by attending political meetings: four received SWEDEN six-month prison terms but were released in view of the time they had already been held; and two. Dominic Mngomezulu and Ray Russon. were each sentenced to serve one year in prison but were released on bail after lodging an appeal. During the trial. which was attended by an Amnesty International observer. the main prosecu­ tion witness and seven others said they had been threatened with prolonged deten­ tion to make them testify. Five of the defendants. including Mpandlana Shongwe. were rearrested in November and held without charge or trial under renewable 50-day detention orders signed by Prime Minister Obed Dlamini. After three of them had been rearrested. The government removed restrictions on Sabelo Dlamini and Ray Russon sought the freedom of movement of six Kurdish refuge in the American Embassy and then refugees who had been under town arrest escaped to South Africa. only to be forcibly since 1984. repatriated. No new charges were brought On 11 May the government ratified the against the five. all of whom were believed Second Optional Protocol to the Interna­ to be prisoners of conscience. tional Covenant on Civil and Political A member of the royal family was also Rights Aiming at the Abolition of the Death detained under a 50-day order after being Penalty. acquitted of treason. Prince Mfanasibili Restrictions of town arrest had original­ Dlamini was due to be released in July after ly been imposed on nine Kurdish refugees serving a prison sentence for defeating the whom the government considered to be ends of justice (see Amnesty International terrorists. They could not be deported to Report 1987). but was charged with plan­ Turkey because of fear of persecution (see ning to overthrow the government of King Amnesty International Reports 1989 and Mswati Ill. He was acquitted of this charge 1990). Deportation orders and restrictions in August but immediately rearrested and on two refugees were removed in August was held under successive 50-day deten­ 1989 and restrictions on freedom of tion orders. movement on six others in October 1990. At least 80 students required hospital However. the six refugees were still re­ treatment in November as a result of beat­ garded as terrorists; they were required ings by police and soldiers inflicted when to report to the police weekly and their the authorities forcibly closed the univer­ deportation orders remained in force. The sity. Students had boycotted classes to ninth refugee. who was in prison for crimi­ protest against Sabelo Dlamini's expulsion nal offences. remained under restriction from the university. Three students were and deportation orders. reported to have died as a result of the The government stated that the police beatings they received. believed that the Kurds' terrorist affilia­ A prisoner sentenced to death in July tions had become minor. In a hearing con­ 1987 for murder. whose case was the sub­ cerning two of the refugees in April. the ject of Amnesty International appeals dur­ Court of Appeal decided that the restric­ ing 1989. had his sentence commuted in tions had "lasted so long that they must be July. Three people were sentenced to death considered as a deprivation of freedom" but there were no executions. according to the Swedish Constitution. The Amnesty International appealed for the judgment stated that the two refugees release of prisoners of con dence and should be entitled to have their restrictions called for an independent inquiry into the reviewed by a court. This decision was beatings of students by police and soldiers subsequently overturned by the Supreme .. :g in November. but received no response. Court. .. SWEDEN/SWITZERLAND

218 In an exchange of correspondence with military service would remain a criminal the government during the year, Amnesty offence. If a military tribunal concluded International reiterated its concern that the that a conscript was unable to reconcile government's decision to place indefinite military service with his conscience restrictions on the refugees' freedom of because of "fundamental ethical values", it movement was not open to judicial scru­ would sentence him to a period of work in tiny. In October the organization welcomed the public interest, ranging from one and a the lifting of restrictions on the six half times the length of military service to refugees. two years. This would not result in a crimi­ nal record. Conscripts considered to be refusing military service on unrecognized grounds would continue to receive prison SWITZERLAND sentences resulting in criminal records. The amendment did not come into force during 1990 as it was liable to a referen­ dum. A campaign organized by opponents of the amendment had until mid-January 1991 to collect the 50,000 signatures required to request the referendum. During the year the Socialist and Chris­ tian Democrat parties sought wider support for initiatives, which they put forward in November 1989 and September 1990 respectively, aimed at introducing an alter­ native civilian service. In October the National Council (one of the two chambers of parliament) requested the Federal Council to draft a revised Mili­ tary Penal Code, eliminating the death A total of 581 people were sentenced to penalty. prison terms for refusing to perform mili­ Although refusal of military service was tary service. Of these, 317 based their punishable by up to three years' imprison­ refusal on religious, ethical or political ment, in practice sentences rarely exceeded grounds, according to statistics published 10 months during 1990. The law allowed a by the Federal Military Deparbnent. How­ maximum of six months' imprisonment if a ever, it was claimed that the number of tribunal recognized a conscript's "severe people who had refused on conscientious conflict of conscience" on r ligious or ethi­ grounds was far higher than reflected in cal grounds; such sentences were served in the deparbnent's restricted categories. the form of arrets repressifs or semi-deten­ Many conscientious objectors served their tion, allowing approved work outside the sentences during 1990; all were consid­ prison during the day. ered prisoners of conscience. These Paul-Simon Dorsaz had spent over 12 included people sentenced in 1990 and years as an agricultural worker in religious earlier years, a large number of whom had communities when he refused military ser­ expressed their willingness to perform an vice. He began a sentence of three months' alternative civilian service. arrets repressifs in November after a mili­ Military service is a binding obligation tary tribunal recognized that his action was under the Constitution and male citizens motivated by deep religious convictions carry out a total of approximately 12 and that he was facing a "severe conflict of months' service between the ages of 20 and conscience·' and "moral distress". Caspar 50. Although there is limited access to Schneider, a carpenter, served a seven­ unarmed military service, there is no provi­ month prison sentence fo r refusing military sion for alternative civilian service, which service. He explained to the military could be introdu ed only by amending the authorities that his objection was based on Constitution through a public r ferendum. his absolute belief in pacifism, influenced In October the government issued an by the experiences of his mother's fa mily amendment to the Military Penal Code. in concentration camps and as refugees Under its provisions, refusal to perform during the Second World War. A military SWITZERLAND/SYRIA

tribunal acknowledged that ethical beliefs be reported, in at least four cases allegedly 219 were a factor in his refusal but fo und that resulting in death. At least four people "egoistic" reasons were also present and were executed. Scores of people, both sol­ concluded he was not suffering "a severe diers and civilians, were reportedly extra­ conflict of conscience". He was sentenced judicially executed by Syrian forces in to 10 months' imprisonment, reduced on Lebanon (see Lebanon). appeal. Many of those detained, including at Amnesty International continued to least 286 prisoners of conscience, were appeal fo r the release of prisoners of con­ members of prohibited political parties, science. It wrote to members of parliament such as Hizb aJ-'Amal aJ-Shuyu'i, Party and the government expressing concern for Communist Action (PeA); al-Hizb al­ that the proposed amendment to the Mili­ Shuyu'i al-Maktab aJ-Siyassi, Communist tary Penal Code would continue to punish Party - Political Bureau (errs); Ittihad aJ­ people refusing military service on grounds Nidal al-Shuyu'i, Union for Communist of conscience and would not provide a Struggle (ues); al-Tanzim aJ-Sha'bi al­ genuine alternative service outside the mil­ Nasiri, Popular Nasserist Organization itary system. It also supported initiatives (PNO); aJ-Ikhwan al-Muslimun, Muslim aimed at the introduction of such a service. Brotherhood, and the Arab Socialist Ba'th In letters to Amnesty International, the fed­ Party. Others were members of professional eral authorities stated that they were associations arrested in 1980 and 1981 "aware that the question of conscientious after publicly demanding improvements in objection in Switzerland has to be solved" human rights in Syria. Some detainees had and acknowledged that the amendment to been arrested in place of relatives being the Military Penal Code would not intro­ sought by the authorities. Hundreds of duce "a real civilian service"; this required Palestinians, including many suspected an amendment to the Federal Constitution, supporters of the Palestine Liberation rejected by national referendums in 1977 Organization (rLO) and other Palestinian and 1984. groups, were also still held. Over 120 members of the errB and 154 reA members, the majority of them prison­ ers of conscience arrested over the past SYRIA decade, were among those who remained in detention without trial. They included Yusuf Ghaith, an engineering student, and Samir Haddad, a civil engineer, who were among 15 epps members or supporters arrested by aJ-Amn al-Siyassi, Political Security, in Yabrud in March and April, after anti-government slogans had report­ edly been written on walls in the town. Twelve of the 15 were released during the year, one died in custody in April, and two were still detained without charge or trial in 'Adra Civil Prison at the end of 1990. Over 160 members of the medical and engineering professions, including at least 10 prisoners of conscience, were believed to be still detained without charge or trial Thousands of suspected opponents of the at the end of the year. They were .arrested government, including hundreds of prison­ in 1980 and 1981 in connection with a ers of conscience, continued to be detained one-day national strike in support of pol­ under state of emergency legislation in itical reforms. One prisoner of conscience, fo rce since 1963. The majority were held Muhammad Nabil Salem, was held in without charge or trial, some fo r over 20 'Adra Civil Prison, but the whereabouts of years. Others remained in prison afterthe most of those arrested with him remained expiry of their sentences. Some had been unknown. held incommunicado fo r long periods. Other long-term political detainees Torture of political detainees continued to included 18 Ba'th Party members, among SYRIA

220 them former government ministers. Some fo rces. The captives reportedly included 35 had been held without charge or trial for military officers loyal to General 'Aoun over 20 years. Muhammad 'Id 'Ashawi, a who were arrested at the Ministry of former minister of foreign affairs arrested Defence in East Beirut and transferred to in December 1970, was reported in Sept­ Syria. Most of these prisoners were report­ ember to be in poor health and to have edly held either in a prison at 'Anjar in the been denied urgently needed treatment in Beka' Valley in Lebanon or in prisons in prison and transfer to hospital. Syria. including al-Mezze Military Prison. Suspected supporters of the pro-Iraqi Hundreds of other people arrested in Arab Socialist Ba'th Party also continued Lebanon in previous years continued to be to be detained without charge or trial. held. Some had been arrested by Syrian Among them was Ahmad 'Abd al-Ra'uf fo rces, others handed over to them by Roummo, a teacher who was reportedly various Lebanese militias. They included held incommunicado and tortured for six Palestinians suspected of supporting PLO months after his arrest in 1975. He was leader Yasser 'Arafat ; members of Harakat held in al-Mezze Military Prison in 0/-Tawhid a/-Is/ami, Islamic Unification Damascus. Movement (IUM); memb rs of various fac­ Four members of Syria's Jewish commu­ tions of the Christian Lebanese Forces; nity also remained in detention without members of the Druze Progressive Socialist charge or trial in 'Adra Civil Prison. The Party (rsr), members of the Arab Socialist authorities indicated in late 1989 that two Ba'th Party: and other critics of the Syrian of them, Eli and Selim Swed, were the sub­ Government. One. Mahmud Baidun, a ject of investigation and would be tried "as Lebanese lawyer and former member of the soon as possible". They had been arrested Ba'th Party in Syria, was abducted from in 1987. However, no trial was reported to Tripoli in 1971 . He was still detained with­ have taken place by the end of the year. out charge or trial in al-Mezze Military Scores of people arrested in previous Prison. years in place of relatives sought by the There were reports of torture and ill­ authorities also continued to be held with­ treatment of untried political detainees. out charge or trial. They included two At least four prisoners died in custody, women. Shafiqa al-'Ali and Fatima 'Abbas, alleged ly as a result of torture. Munir who were arrested in March 1986 and Fransis, a civil engineer from Yabrud, remained in detention although their died in custody in April, several days wanted relatives were themselves arres­ after being moved from detention to al­ ted in 1987. Muwassat Hospital in Damascus. His Some political prisoners continued to body was reported to have borne marks of be detained after serving sentences torture when it was handed over to his imposed by the courts, without further family. Three Palestinians held in untried charges being brought against them. Khalil detention since 1985 were reported to have Brayez. a former Syrian army officer who died in custody in Damascus during 1990. was abducted from Beirut in 1970 by Syr­ Among them was Ziad Musa Qatnani. ian security agents and tried in Syria, had whose body was returned to his fa mily in been due for release in October 1985. He July bearing marks of torture: one of his was instead transferred to an unknown eyes had been gouged out. he had a broken place in Damascus and was believed to be skull. his nai ls had been extracted. and still held. 'Adel al-Zu'bi, a Syrian asylum­ there were marks of torture by electricity. seeker who was returned involuntarilv No official investigation into the causes of from the Netherlands in April. was report­ these deaths was known to have been car­ edly arrested upon arrival at Damascus ried out. Another political detainee. Samir airport. He was apparently detained with­ Haddad. reportedlv required intensive care out charge or trial and wa believed to be in a Damascus hospital after his arrest in st ill held at the end of the year. although April when he suffered kidnev failure fol­ his whereabouts were unknown. lowing torture during interrogation. He was In October Syrian forces in Lebanon later moved to 'Adra Civil Prison. where he reportedly took prisoner scores of support­ remained at the end of the year. ers of General Michel 'Aoun after a joint At least four people were executed: they assault on his Beirut stronghold which were hanged publicly in Damascus in they mounted with Lebanese government October after being convicted of smuggling. SYRII\ITAlWAN

At least 200 people were reported to and necessary revisions to portions of the 221 have been extrajudicially executed by Constitution". Subsequently the authorities Syrian forces in October after the defeat started to review the laws and regulations of General Michel 'Aoun in East Beirut. affected by the Temporary Provisions, The victims were said to include both including the National Security Law and military personnel and civilians, among the offences of sedition and treason. them women and children. At least 30 of General 'Aoun's soldiers who had been captured were reportedly stripped, bound, lined up and shot in retaliation for an ambush in which Syrian soldiers had been killed. At least 14 men were reported to have been extrajudicially executed by Syrian forces in the village of Bsouss. Amnesty International expressed con­ cern to the government about new political arrests and the continued detention with­ out charge or trial of hundreds of prisoners of conscience and other political prisoners, as well as reiterating its unconditional opposition to the death penalty. Amnesty International renewed its proposal to visit Syria to discuss its human rights concerns Huang Hua, a leading opposition act­ with the government but received no ivist, was arrested and tried in November response. Similarly, there was no response on ch arges of sedition. He was accused of to the organization's call in October for an advocating an independent Taiwan state in impartial inquiry into reported extrajudi­ speeches, by organizing demonstrations as cial executions by Syrian forces in Lebanon part of his New Country Movement, and by and for assurances about the physical supporting pro-independence candidates security of Lebanese captives being held in in the 1989 parliamentary elections. He Syria. was convicted in December and sentenced In an oral statement delivered to the to 10 years' imprisonment. He was consid­ United Nations Commission on Human ered a prisoner of conscience. Rights in February, Amnesty International Six other prisoners of conscience were expressed its concern about continued released (see Amnesty Internatianal Report reports of torture and deaths in custody. 1990). Hsu Tsao-teh was released on parole in April, after serving half his sent nce. Three were released under the presidential amnesty: Shih Ming-teh, held since 1980, TAIWAN and Tsai Yu-chuan and Dr Huang Kuang­ hsiung, held since 1987. Chuang Kuo-ming One advocate of an independent Taiwan also benefited from the amnesty but state was imprisoned as a prisoner of con­ remained in custody on criminal charges. science. Six other prisoners of conscience Luo Yi-shih was released in December after were released. Five military officers were completing a 10-month prison sentence arrested after a prisoner died in military (see Amnesty International Report 1990). custody. Over 70 people convicted of In October the High Court had acquitted criminal offences were reportedly execu­ him of a charge of sedition arising from ted. The death penalty was abolished fo r sp eches he had made advocating indepen­ corruption. dence for Taiwan. Chen Sheng-nan, sen­ President Lee Teng-hui was elected for tenced to seven years and two months' a new term by the National Assembly and imprisonment in 1989 (see Amnesty Inter­ at his inauguration in May declared an national Report 1990), was also released on amnesty under which nine political prison­ bail. Amnesty International had no inform­ ers were released. He also promised to ation on the result of his appeal. abolish the 1948 Temporary Provisions Cheung Ki-Iok was allowed to return to Effective During the Period of Communist Hong Kong in November ( e Amnesty Rebellion and to make "forward-looking International Report 1990). The High Court TAIWAN/TANZANIA

222 acquitted him in January and again in Burundi national arrested for political October of belonging to a seditious group. reasons in 1989 died in prison; 14 others but the prosecution appealed against the arrested with him remained in custody verdicts. throughout the year. There were reports of In October five military officers were executions and 12 people were sentenced arrested for causing the death of an inmate to death. in a military prison. They reportedly admitted beating him and applying an electric prod to various parts of his body. The Statute for the Punishment of Cor­ ruption was amended in October and the death penalty abolished under that law. However, over 70 people convicted of criminal offences were reported to have been executed. The execution in July of three young kidnappers who had released their victim unharmed generated particular controversy in Taiwan. Amnesty International urged the gov­ ernment to release prisoners of conscience and expressed concern about the execu­ tions. In response, the Ministry of Justice stated in August that the sentences on the Opposition in Zanzibar and Pemba to three kidnappers had been lawfully passed continued union with mainland Tanzania and that both an official commission which increased in the run up to nationwide el c­ had studied the death penalty in 1974 and tions in October. Advocates of secession public opinion supported the retention of in the two islands called for a boycott of this punishment. the electoral roll registration process. In eptember the Judicial Yuan (coun­ Hundreds who supported the call were dis­ cil) made public its response to the report missed or suspended from state employ­ on Taiwan contained in Amnesty Interna­ ment and leaders of the campaign were tional Report 1990. It denied that prison­ detained. In all, more than 120 people were ers convicted by the courts included pris­ arrested in Zanzibar and Pemba, including oners of conscience and stres d that the former Zanzibar Government ministers. At courts had applied existing laws. It also least 40 were prisoners of conscience, said that thre police officers whose arrests although most were held only briefly. were referred to in the report had been Shabaan Mloo, a former senior official of given suspended sentences for torturing a the Chama Cha Mapinduzi (eeM), Party of suspect. It stated that the courts imposed the Revolution, the only legal political death sentences with great care and for a party, was arrested in June with five other limited number of offences. leading advocates of secession. They included the fo rmer Zanzibar chief justice, Ali Haji Pandu, and Mkubwa Makame. The latter was held for five days, apparently , TANZANIA unlawfully, on succ ssive 24-hour deten­ tion orders without b ing brought before a More than 120 government opponents magistrate, and then reI ased. The five were arrested in Zanzibar. At least 40 others were held until D cember. Thoy were prisoners of conscience, of whom were detained under the 1964 Zanzibar three were believed to be still in prison at Preventive Detention Decree, which per­ the end of the year. Fifteen of those arres­ mits indefinite detention without charge or ted were detained without charge or trial. trial, rather than the more recent 1985 The others were charged and released on Preventive Detention Act, which permits bail after short periods in custody, with the legality of detention orders to be chal­ some stilI awaiting trial at the end of the lenged in court. Shabaan Mloo had previ­ year. On the mainland a government ously been detained for several days in opponent wa detained without charge or January with 11 others. trial fo llowing his return from exile. A Mkubwa Makame was rearrested in TANZANWTHAILAND

August with two others, the day after they peuple Hutu (I'ALlPEflUTU), Hutu People's 223 had met Amnesty International representa­ Liberation Party, remained in detention tives visiting Zanzibar. At the same time, pending deportation. They had been arres­ Juma Ngwali, a fo rmer government official, ted in 1989 and accused of political activi­ and two others were arrested on Pemba. ty detrimental to Tanzania's relations with All six were detained under the 1964 Burundi (see Amnesty International Report decree and held incommunicado until they 1990). In August their leader, Remi were released in December. Two of the Gahutu, died as a result of illness possibly Pemba detainees were reported to have exacerbated by harsh prison conditions been denied appropriate medical care after and poor medical facilities. becoming ill in detention. All those held In January the authorities announced under the 1964 decree were prisoners of that since 1985 the Court of Appeal had conscience. dismissed 188 prisoners' appeals against Three government critics sentenced to the death sentence and that 25 executions prison terms on Zanzibar in July were also had taken place. Further executions were prisoners of conscience. Rashid Ali Dadi believed to have been carried out in 1990. received a one-year sentence and Omar At least 12 people were sentenced to death Salum Hamad and Kombo Hassan Bakar after being convicted of murder. were each jailed for six months after being Amnesty International appealed for the convicted of holding an illegal meeting in release of prisoners of conscience and 1989. They were convicted despite the investigated the cases of other political prosecution's failure to prove that there prisoners. In August Amnesty International was any unlawful purpose to the meeting. representatives visited Zanzibar and met Other government critics were also Attorney General Idi Pandu Hassan. He charged with holding illegal meetings or said that Shabaan Mloo and others breaches of the peace. They were generally detained without charge or trial under released for lack of evidence when their the 1964 decree were being held to pre­ cases came to court, often after they had vent them from "disrupting" the October been held in custody and denied bail for elections. In September Amnesty Interna­ up to two weeks. At least 50 government tional published a report, Tanzania: The opponents were still facing such charges at Harassment of Government Opponents in the end of the year. Zanzibar, which detailed recent arrests and In April, 15 prisoners serving sentences reiterated the organization's call for the imposed in 1989 fo r participating in an release of prisoners ofconscience. illegal demonstration and destroying prop­ erty were pardoned and released. However, Seif Shariff Hamad, a former chief minister THAILAND of Zanzibar and a leading advocate of secession, remained in custody throughout Three prisoners of conscience remained in 1990 awaiting trial on charges of illegal prison throughout 1990. There were new possession of documents (see Amnesty political arrests in connection with anti­ InternationalReport 1990). government protest rallies. It was possible At least one government opponent was that some of those held might be prisoners detained in mainland Tanzania. Musa of conscience. The police were accused of Membar, leader of the opposition Tanzania beating demonstrators and criminal sus­ Youth Democratic Movement, was arrested pects in custody. At least 13 death sen­ in September when he entered Tanzania tences were imposed or confirmed by the from Kenya, apparently to participate in courts, but there were no reports of execu­ the elections. He was detained without tions. Government soldiers were accused charge or trial under the 1985 Preventive of extrajudicially executing 12 Cambodian Detention Act and was still held at the end asylum-seekers. About 2,000 asylum­ of 1990. He was previously imprisoned in seekers and others from Myanmar the United Kingdom for hijacking an air­ (Burma) were fo rcibly repatriated. craft flying from Tanzania to London in Three prisoners of conscience contin­ 1982. ued to serve sentences imposed in Novem­ On the mainland 15 possible prisoners ber 1988, when they were convicted of of conscience from a Burundi opposition "lese majesty" (sec Amnesty International movement, the Parti pour la liberation du Report 1989). THAILAND

224 In March about 20 people were arrested prisoners were on trial at the end of 1990. for organizing a series of non-violent rallies Amnesty International continued to in the capital, Bangkok, on behalf of the investigate whether any of those detained National Democratic Movement, which in connection with the activities of the reportedly called on the government to Revolutionary Council, the National Demo­ "hand over administrative power to the cratic Movement, the People's Council and people". They were charged with breach­ Muslim protest rallies were prisoners of ing the peace and refusing to disperse, but conscience. were released on bail. About a dozen of Some of the 22 political prisoners sen­ them were reportedly rearrested in October tenced after unfair trials in previous years after a rally by a group called the People's for "communistic activities" and Muslim Council. About 10 leading members of a separatism remained in prison, but the pre­ group called the Revolutionary Council cise number was not known. There was no were also rearrested in October. They had further information about six alleged Mus­ previously been detained in May and June lim separatists and one alleged communist 1989, reportedly after distributing leaflets insurgent arrested in 1989 (see Amnesty which falsely proclaimed the abolition of International Report 1990). parliament and assumption of power by Police officers reportedly beat people in an interim government. They had been custody. In April the police allegedly released on bail while awaiting trial on detained and severely beat several charges of inciting unrest. Before their re­ protesters during a rally by some 2,000 arrest, the authorities alleged they were fa rmers and others in Mahasarakham behind the protest activities of the National province. The rally was in protest against Democratic Movement and the People's pollution of land by rock-salt mining. Council. All those rearrested in October Those injured included a fa rmer, who was remained on trial at the end of 1990. beaten and kicked when he surrendered to the police, and a woman student. Also in April police officers in the southern province of Nakhorn Srithammaraat were said to have beaten a criminal suspect in an attempt to make him "confess". The sus­ pect later collapsed from his injuries in court. In August police officers in Bangkok were accused of beating a 15-year-old criminal suspect during interrogation. At least 13 people were either sen­ tenced to death or had their death sen­ tences upheld by the Appeals Court or the Supreme Court. All of them had been con­ victed of murder or drug-trafficking. No executions wore reported. Twelve Cambodian asylum-seekers were Police arrested two Muslim activists. reportedly extrajudiCially executed in June by Thai soldiers who d tained them outside Abdul Rahman Yuso and Hayi- Mac Bue­ heng, in July and August respectively. Site 2 refugee camp, apparently because They were among about 20 Muslim activ­ they suspected them of involvement in an ists sought by police fo llowing a gathering attack on a Thai village. in June of over 10,000 people at a mosque More than 2.000 asylum- -seekers and in the southern province of Pattani. During others from Myanmar were reportedly the gathering some demonstrators allegedly repatriated against their will on separate called for separation of Muslim-populated occasions during the year. despite fears prOvinces fro m Thailand. threatened or that thoy could be at risk of imprisonment attacked local authorities and insulted as prisoners of conscience. or of torture or King Bhumibol Adulyadej. Abdul Rahman execution by the military authorities in Yuso and Hayi Mac Bueheng apparently Myanmar. acknowledged that they had been present In June Amnesty International wrote at the gathering, but denied involvement to Prime Minister Chaatchai Chunhawan in any violent or other illegal act. Both to express concern about the forcible THAILAND/fOGO

repatriation of asylum-seekers to Myanmar President Gnassingbe Eyadema later an­ 225 and to seek information about the proce­ nounced that the one-party state would be dures by which they could apply for con­ replaced by a multi-party political system. tinued asylum in Thailand. Amnesty In late November the security forces International also wrote to the government used excessive force to disperse demon­ about the reported extrajudicial executions strations of striking taxi drivers in the town of Cambodian asylum-seekers and sought of Sokode and elsewhere. As a result sev­ details about an army inquiry into the inci­ eral people were reportedly killed and dent. The organization pressed for the dozens of others injured. Students in Lome release of prisoners of conscience and who demonstrated against government appealed to King Bhumibol Adulyadej to policies were also violently dispersed in commute all death sentences finalized by November. Dozens of students were sev­ the Supreme Court. No response was erely beaten by soldiers. received. Thirteen pro-democracy activists were arrested in Lome on 23 and 24 August. A week later 11 of them were released un­ charged. The other two, Doglo Agbelengo TOGO and Logo Dossouvi, were brought to trial and on 5 October sentenced to five years' imprisonment for slander and inciting the army to revolt against the government on the grounds that they had distributed leaflets calling for mUlti-party democracy. They appeared to be prisoners of con­ science. However, they were released a week after sentencing by order of President Eyadema. At least fo ur of those arrested in August were tortured with lectric shocks, whipped and beaten while being held incommunicado in the custody of tlle Surete nationaie, the national security police. One of the detainees, Komlan Thirteen pro-democracy activists arrested Aboli, was subjected to severe beatings and in August appeared to be prisoners of con­ electric shocks. The National Commission science: at least fo ur of them were tor­ of Human Rights, established by the gov­ tured. Eleven were released uncharged a ernment in 1987, confirmed after an inves­ week later. The other two were sentenced tigation that four detainees had been to five years' imprisonment in October but tortured and publicly urged the govern­ then released. Dozens of villagers in north. ment to destroy the equipment used to ern Togo were reportedly detained and inflict electric shocks. The head of the tortured by government soldiers. security police was subsequently dis­ On 5 October there were violent demon­ missed but those allegedly responsible for strations in Lome, the capital, after the torturing the detainees had not been security fo rces violently dispersed crowds brought to justice by the end of the year. who had gathered peacefully to call for Earlier in the year, dozens of villagers multi-party democracy and the release of were detained and tortured by soldiers. two pro-democracy activists. Government This occurred in February as soldiers vehicles and some police stations were attempted to forcibly resettle villagers liv­ destroyed, several people were reportedly ing near a national park in the north of the killed and at least 170 demonstrators were country. The victims, including a number arrested. They were all released uncharged of elderly inhabitants from the villages of in late October. Koloware and Mparatao, were apparently Following the demonstrations, the gov­ accused of hunting in a wild game reserve. ernment announced that a commission The National Commission of Human would review the Constitution and that a Rights carried out an investigation and sub­ new draft constitution would be submitted mitted a report to President Eyad6ma, to a referendum by the end of 1991. which apparently confirmed that villagers TOGO/TRINIDADAND TOBAGO

226 had been unlawfully detained and tor­ building. They took 46 hostages including tured. As a result, President Eyad6ma the Prime Minister and members of the reportedly ordered the release of two vil­ cabinet, Senate and House of Representa­ lagers who remained in detention, that tives. The group's demands included the some of the victims should be compen­ resignation of the Prime Minister and a sated, and that the officer in charge of the general election within 90 days. As a result soldiers responsible should be demoted. of confrontations during the fivedays, over Amnesty International called for the 30 people were killed, including a member release of Doglo Agbelengo, Logo Dossouvi of the House of Representatives and police and others arrested in August. The organ­ officers. Hundreds were injured, both ization also investigated reports that vil­ inside the occupied buildings and in the lagers in the north were tortured by streets. Among the injured was the Prime soldiers, and urged the government to Minister who sustained gunshot wounds to investigate all other reports of torture, to his legs. A state of emergency was declared make the findings public and to take imme­ on 28 July and remained in force until 9 diate steps to prevent the use of torture. December. All members of the group engaged in the occupation surrendered unconditionally on 1 August. As a result of the attempt to overthrow TRINIDAD AND the government, 114 members of the Jamaat-al-Muslimeen were charged with TOBAGO treason, murder and other offences in August. The treason and murder charges carry a mandatory sentence of death on conviction. The trial was pending at the end of the year. In July the Human Rights Committee, which supervises the implementation of the ICCPR, held that Trinidad and Tobago had violated its obligations under the Covenant in the case of death row prisoner Daniel Pinto, and that he was "entitled to a remedy entailing his release". The Commit­ tee found that Article 14(3)(d) had been One hundred and fourteen people were violated, because the legal assistance pro­ charged with treason fo llowing an attempt vided at his appeal did not "adequately to overthrow the government; if convicted and effectively ensure justice". Daniel as charged they would be sentenced to Pinto had complained about the quality of death. At the end of the year there were the court-appointed defence lawyer at his over 90 prisoners under sentence of death. trial and objected to the same lawyer There were no executions during the year; appearing for him at appeal. He made the last hanging was carried out in 1979. arrangements for a different lawyer to rep­ The Human Rights Committee adopted the resent him at his appeal, but these arrange­ view that there had been violations of the ments were ignored by the Court of International Covenant on Civil and Politi­ Appeal. The Committee also concluded cal Rights (ICCPR) in the case of a prisoner that Article 6 of the Covenant (the right to under sentence of death. The Commission life) had been violated since the death sen­ of Inquiry into the effectiveness and status tence had been imposed after judicial pro­ of the death penalty submitted its report. ceedings that fell short of procedural In an attempt to overthrow the govern­ guarantees protected by Article 14 of the ment of Prime Minister Arthur Napoleon Covenant. Daniel Pinto was still on death Raymond Robinson, an armed group occu­ row at the end of the year. pied the parliament building and state The Commission of Inquiry examining television station from 27 July to 1 August. the death penalty, appointed in March Members of the Jamaat-al-Mus/imeen, 1989 (see Amnesty International Reports Muslim Organization, a black Muslim 1989 and 1990), held public sittings in group founded in the early 1980s and led March and April for members of the public by Yasin Abu Bakr, stormed the parliament to present their vieVl!s. The Commission's TRINIDAD AND TOBAGO/TUNISIA

report. submitted to President Noor Has­ than 36 hours without food and was pre­ 227 sanali in September. concluded that the vented from sleeping. He had previously death penalty for murder and treason been detained without charge or trial for 18 should be retained. The Commission rec­ months until May 1989 (see Amnesty Inter­ ommended that prisoners sentenced to national Report 1990). death over 10 years ago should have their Bechir Essid wa a possible prisoner of sentences commuted to life imprison­ conscience. A lawyer and founder of the ment but that execution of those who Union democratique unioniste (unu). had exhausted their appeals should be Democratic Unionist Union, an unregis­ resumed. Amnesty International appeared tered political party, he was sentenced to before the Commission of Inquiry into the four years' impri onment in October by the death penalty in March and called for total Criminal Chamber of the Appeal Court in abolition and for the death sentences of all Tunis. He had been arrested 13 months ear­ 96 prisoners then on death row to b com­ lier (see Amnesty International Report muted. [t said that such moves would set 1990). He was convicted of forming a gang an example of leadership in the upholding and conspiring to attack person and prop­ and advancem nt of human rights in the erty, defaming the President, distributing Caribbean and internationally. The organ­ fa lse information and putting posters on ization pointed to the worldwide trend public buildings without permission. He towards abolition and the various problems denied the charges, which were based on inherent in the death penalty. the uncorroborated testimony of a co­ defendant. Information was received in January that four possible prisoners of conscience, TUNISIA alleged members of the Farti communiste des ouvriers tunisiens (reoT), Tunisian Workers' Communist Party (see Amnesty International Report 1990), had been acquitted in December 1989. Over 1,000 students were arrested in February during demonstrations at five universities which resulted in violent clashes with the police. Most were released An Islamic activist was imprisoned as a uncharged, but at least 460 students, prisoner of conscience. Hundreds of other including some who had already complet­ religious or political activists, including ed their military servi e or who had been possible prisoners of conscience, were certified medically unfit. were fo rcibly con­ arrested. Most, including at least 460 stu­ scripted into the army. They were sent to dents who were fo rcibly conscripted into isolated military camps where they were the army after demonstrations in Febru­ effe ctively held incommunicado. However, ary, were released during the year, but about 360 of them were released from over 100 others were sentenced to prison military service in April and the remainder terms. There were new reports of torture in June. and ill-treatment of detainees. One execu­ Hundreds of others were arrested in tion was carried out, the first since 1987, connection with frequent demonstrations and a second death sentence was passed. by supporters of Hizb al-Nahda and other Moncef Ben alem, a university profes­ Islamic groups. Many were released sor, was arrested in April after he criticized uncharged but over 100, including possible the government in a newspaper interview. prisoners of conscience, were tried and A supporter of Hizb al-Nahda. Party of th sentenced to up to two years and three Renaissance. an Islamic group not permit­ months' imprisonment. Many such arrests ted to register as a legal political party, h occurred after Tayeb Hammasi, a Tunis Was convicted in May of disseminating school student, was shot dead by police in false informat ion and defaming public September during a demonstration in ordor. Ho received a three-year prison sen­ which Islamic activists reportedly dis­ tence which ho was serving at the end of tributed leaflets and threw stones at the tho yoar. He said that after his arrest he was police. The authorities said the death was held at the Ministry of the Interior fo r mor accidental and that an inquiry would be TUNISIA/TURKEY

228 held, but it sparked a wave of demonstra­ convicted of treason at a trial conducted in tions and arrests of Islamic activists. At camera. His sentence was confirmed on 28 least 30 were arrested following a demon­ December, but he had not been executed by stration at AI-Fatah mosque in Tunis. Two the end of 1990. - Salah al-Boughanmi and Lutfi Ghariani - Amnesty International wrote to the gov­ were convicted in October of making ernment in June to express concern at speeches during an unauthorized demon­ recent arrests and reports of torture and ill­ stration and sentenced to one year in treatment of suspects held in pre-trial prison. Four others received six-month incommunicado (garde a vue) detention. sentences for public order offences and 22 There had been no response by the end of people received suspended sentences. the year. There were new allegations of torture In September Amnesty International and ill-treatment of both political detainees published a report, Tunisia: Summary of and criminal suspects. Hedi Ben Allala Amnesty International's Concerns, which Bejaoui, a Hizb al-Nahda supporter, detailed recent evidence of torture and alleged that he was beaten, sexually abused ill-treatment of detainees while held with a stick and had faeces forced into his incommunicado and, sometimes, beyond mouth at Ariana police station in Tunis the maximum time limit for garde a vue after his arrest on 9 April. He also said that detention. Amnesty International also he was tortured with electric shocks at the appealed for the commutation of the death Ministry of the Interior before being sentence carried out in November and the released uncharged after a few hours. A one passed in December. subsequent medical examination noted numerous injuries. The Interior Ministry said that there would be an investigation into his alleged torture, but it was not TURKEY known whether this occurred. In June Raouf Mthlouti, an ll-year-old boy accused of theft, alleged that he was beaten while in police custody in Ariana. A subsequent medical examination sup­ ported his allegations and his lawyer made a formal complaint to the procuracy, which apparently took no action. Abdellatif Tlili, a Hizb al-Nahda sup­ porter, was also reportedly tortured while being detained in November and December at the Ministry of the Interior in Tunis. Legally, suspects can only be held in pre­ trial incommunicado detention for a maxi­ mum of 10 days, but he was held incommunicado for six weeks during which he was allegedly beaten severely, There were thousands of political prison­ had a stick forced into his anus and was ers, scores of whom were prisoners of con­ repeatedly suspended from a bar under his science. Hundreds of political prisoners knees with his hands and feet bound were sentenced to imprisonment and some together in front of him (the roti position) to death after legal proceedings that did for long periods. A medical examination not meet international standards for fa ir after his release found injuries consistent trial. The use of torture continued to be with his torture allegations. widespread and systematic, in some cases At least two people were sentenced to resulting in death. There were reports of death. One of them was convicted of multi­ extrajudicial executions. Civilian and mili­ ple murder in May and executed in tary courts passed at least eight death sen­ November. This was the first execution to tences. At the end of the year the total be carried out since President Zine El number of prisoners under sentence of Abidine Ben Ali came to power in 1987. death who had exhausted all legal reme­ Former diplomat Lamari Dali was sen­ dies had reached 315. Seven Iraqi Kurds, tenced to death on 25 December after being some of whom were recognized as refugees TURKEY by the Office of the United Nations High court only if taken in the presence of a 229 Commissioner fo r Refugees (UNHCR), were lawyer. However, no progress appeared to extradited to Iraq. have been made by the end of the year. At the end of the year a state of emer­ Arrests and trials of prisoners of con­ gency was still in force in 10 provinces in science continued throughout the year. southeast Turkey where the security forces Several people were taken into custody were engaged in counter-insurgency opera­ and charged under Penal Code Article 142 tions against Kurdish separatist guerrillas. with "making separatist propaganda". Many human rights violations by the secur­ ismail Be�ikc;:i was arrested in March in ity forces were alleged to have taken place connection with books he had written in the context of this conflict. The guer­ about the Kurdish minority in Turkey. He rillas were also reported to have attacked had already served more than 10 years in civilians, some of whom they abducted and prison for his writings about the Kurds. He killed. In August the armed organization was provisionally relea ed in July, and his Devrimci Sol, Revolutionary Left, claimed trial continued. Also in March Mehmet responsibility for the execution of three Fehim I�k, a journalist, was arrested for a alleged police informers. speech he made which referred to the In May President Turgut Ozal and the Kurds' "anti-colonial struggle". He was Council of Ministers introduced Decree sentenced to four years and two months' 424 (replaced in December by Decree 430), imprisonment. In April the writer Musa which extended the already extraordinary Anter, aged 73, was arrested and impris­ powers of the Emergency Legislation Gov­ oned for a speech he had made about the ernor to allow for, among other things, the Kurdish minority. In May he was acquitted closure of printing presses, the banning of and released. Dogu Perinc;:ek, publisher of publications and the forcible resettlement the magazine ikibin 'e Dogru (Towards from within the Emergency Powers region 2000) was arrested and charged in August, of individuals engaged in activities "harm­ also for speeches allegedly containing Kur­ ful to the maintenance of general security dish separatist propaganda. He was provi­ and public order". sionally released in September, but his trial In August Turkey notified the Council continued. of Europe that this decree might result in In October Vedat Aydm, Ahmet Zeki its derogation from Articles 5, 6, 8, 10, 11 Okc;:uoglu and Mustaf a Ozer were taken and 13 of the European Convention on into custody and charged under Article 142 Human Rights, which contain guarantees in connection with a speech made in Kur­ of freedom of expression and assembly, dish at the annual general meeting of the and important safeguards against torture. Turkish Human Rights Association (THRA). Turkish law allows detainees to be held Mustafa Ozer was released after one week; in police custody for up to 15 days before the two others were released by the court at being brought before a judge, or up to 30 the first hearing in December. The trial days in the Emergency Powers region. Draft continued. amendments to the Penal Code to shorten Haydar Kutlu and Nihat Sargm, leaders such detention periods, proposed in Sept­ of the banned Tiirkiye Birle�ik Komiinist ember 1989, had not been enacted by the Partisi (TBKP). Turkish United Communist end of the year. The right of access to a Party, who had been imprisoned in Nov­ lawyer is provided by Article 136 of the ember 1987, were conditionally released Criminal Procedure Code, and this was in May, but their trial continued (see reinforced by a circular issued by Prime Amnesty International Reports 1989 and Minister Yildirim Akbulut in April. How­ 1990). ever, lawyers in all parts of the country Several prisoners of conscience who continued to be denied access to clients had been granted provisional release in the held in police detention. early 1980s were rearrested and impris­ Other proposed measures to protect oned fo llowing confirmation of their sen­ detainees from ill-treatment also remained tences. Mehmet Ali Polat, Burhan Oktay, in draft form many months after they were Orhan Unal, Nezahat Moza Ozden and originally announced. For example, in May Sabahattin iZcioglu were reimprisoned dur­ the Judicial Committee began examining a ing the year for membership of the Tiirkiye draft law under which statements to the Komiinist Partisi (TKP), Turkish Communist police would be admissible as evidence in Party. TURKEY

230 In November, 10 people attending a standing for long periods or to lie on the memorial service for the founder of the concrete floor of the lavatory. He was Islamic Nurcu sect, including the owner stripped naked, beaten on his genitals with and eight staff members of the fundamen­ a truncheon and forced to drink liquor as talist magazine Yeni Asya (New Asia), were an affront to his religious beliefs. When the detained for 14 days and investigated for marks of torture had disappeared he was "acting against the secular nature of the brought before the court, where he was for­ state" (Penal Code Article 163). mally arrested on charges of sheltering Hundreds of political prisoners were Kurdish guerrillas. sentenced to imprisonment or death by Some prisoners died in custody, report­ military and state security courts after legal edl" as a result of torture and ill-treatment. proceedings that did not meet internation­ On 4 June Serdar <;:ekiC;: Abbasoglu was ally recognized minimum standards for a found dead in Ankara Closed Prison. Three fair trial. These courts failed to investigate days earlier he had been charged with bur­ most allegations of torture made before glary and brought to the prison from them and in some cases permitted state­ Ankara Police Headquarters. Fellow pris­ ments extracted under torture to be used as oners alleged that he had been bleeding evidence. from his mouth and nose and that his The pattern of widespread and system­ death was the result of torture while in atic torture continued, with many new police custody. On 18 November Yakup allegations of torture and ill-treatment Akta� of Derik in the province of Mardin of political and criminal detainees and was detained and taken to the Mardin Gen­ prisoners. Victims consistently reported darmerie Regimental Headquarters. On 25 similar methods of torture: being blind­ November his family was informed of his folded and stripped naked, beatings on all death, and received his body from Mardin parts of the body, hosing with cold water, State Hospital. Officials stated that an squeezing of testicles and the application autopsy had found that he died of a heart of electric shocks. attack. Yakup Akta� was 24 years old. Among the hundreds of political prison­ Those who washed his body before burial ers who alleged they were tortured during reported that there were bruises and cuts 1990 was Mesut Bozkurt. He was detained on his wrists, arms and back, and that the at the izmir office of the magazine Yeni back of his head was crushed and blood­ (:ozum (New Solution) when it was raided stained. They also said that there were by police in February, and taken to izmir wounds on his eyebrows and temples. His Police Headquarters. He alleged that when family demanded a second autopsy, the he refused to sign prepared statements preliminary results of which emerged in admitting membership of an illegal organ­ late December and described widespread ization, he was hosed with cold water bruising and cuts on the head. Torture was under high pressure, his testicles were established in several prosecutions during squeezed, electric shocks were applied to the year, but most of these cases neverthe­ his body and he was raped with a trun­ less resulted in acquittal because the cheon. Because he was blindfolded victims had been blindfolded and the tor­ throughout the 16 days of his detention he turers could not be positively identified. was unable to identify the torturers. Seven court actions were known to have People suspected of political offences resulted in convictions. were particularly at risk of torture in deten­ Major Cafer <;:aglayan, an army officer tion. However, as a result of the intensified who was tried in Ankara Third Criminal military campaign to combat the guerrilla Court for an incident in January 1989 when activities of the Kurdish Workers' Party villagers of Ye�i1yurt in the southeast were (PICK), large numbers of villagers in south­ beaten, trampled, kicked and allegedly east Turkey with no background of politi­ forced to eat human excrement, was con­ cal activity were detained on suspicion of victed of ill-treatment. He was sentenced in sheltering guerrillas and were reportedly June to two and a half months' imprison­ tortured. One example was Mehmet Polat, ment, which was converted to a fine of imam of Bayramh village, who was approximately $170, and a similar period detained on 19 Sept mber. He alleged that of suspension from duties. he was kept blindfold, handcuffed, denied There were a number of reported extra­ food and water, and forced to remain judicial executions, particularly in the TURKEY/UGANDA southeast of the country where the security Government claimed in a letter to Amnesty 231 forces were most active. On 28 Septem­ International that none of the Iraqis was ber soldiers and "special team" members forcibly sent back to Iraq against their will, arrived at Kayadeler (Uzkundos) village, and that no forced repatriation would take near Bitlis, and cleared the mosque where place. They denied having received a the men of the village were at Friday request from the Iraqi Government for the prayers. Those present, with the exception extradition of the 138 refugees. of ibrahim Doner, whose family had a his­ During the year Amnesty International tory of political activity, were told to go delegates observed hearings in several home. Shots were heard and two hours trials, including those of Haydar Kutlu, later ibrahim Doner's body, together with a Nihat Sargm, Dogu Perinr;:ek and the three pistol and a suicide note, were shown to THRA members. his brother; Ibrahim Doner had been shot The authorities responded to a number through the head. The brother stated that of specific torture allegations raised by there were marks of blows on ibrahim Amnesty International. In some cases they Doner's neck and back. stated that investigations or court proceed­ At least eight people were sentenced to ings were in progress, in others that official death by military and civilian courts dur­ medical reports had stated that torture had ing the year. Other death sentences were not been inflicted. confirmed by appeal courts. By the end of In January the organization submitted the year, the number of people under information about its concerns for United sentence of death who had exhausted all Nations (UN) review under a procedure judicial appeals had reached 315. Their established by Economic and Social Coun­ sentences could be carried out if approved cil Resolutions 728�'/1503, for confidential by the Turkish Grand National Assembly. consideration of communications about Thousands of Iraqi Kurds who fled to human rights violations. [n March Turkey from Iraq in 1988 to escape chemi­ Amnesty International submitted inform­ cal and conventional weapons attacks con­ ation about its concerns regarding torture tinued to be at risk of forcible return to in Turkey to the UN Committee against Tor­ Iraq. Iraq was seeking the extradition of ture, the monitoring body established 138 Kurdish political opponents of the under the UN Convention against Torture. Iraqi Government on ostensibly criminal In oral statements to the UN Commission charges: some of them were recognized as on IIuman Rights in February and to its refuge s by the UNIICR. Seven Iraqi Kurds, Sub-Commission on Prevention of Discrim­ some of whom were also uNHcR-recognized ination and Protection of Minorities in refugees, were extradited to Iraq. Forty August, Amnesty International included other Kurdish refugees were reported to reference to its concerns about the practice have been forcibly repatriated to Iraq in of torture during interrogation in police January; their whereabouts were still custody in Turkey. unknown at the end of 1990. Over 2,500 Iraqi Kurdish refugees were repatriated between March and June under an amnesty UGANDA announced by the Iraqi Government. Reports suggested that some had been At least 2,500 uncharged political Coerced into returning to Iraq against their detainees were released, but new arrests will by ill-treatment, intolerable camp con­ took place and more than 1,300 people ditions and intimidation by Iraqi officers remained in detention without charge or who were allowed to visit the camps. trial at the end of the year. Seventy-five Amnesty International continued prisoners were charged with treason, throughout the year to call for the release which carries a mandatory death sen­ of prisoners of conscience, for fa ir and tence. Detainees were reported to have prompt trials for all political prisoners, and been tortured or ill-treated, and in some fo r an end to torture, extrajudicial execu­ cases to have died as a result. Government tions and the death penalty. fo rces allegedly committed over 100 extra­ Amnesty International repeatedly called judicial executions in the course of On the Turkish Government to protect Kur­ counter-insurgency operations. At least 16 dish refugees and other Iraqis from forcible people were sentenced to death, six of ... :g return to Iraq. In February the Turkish whom, all soldiers, were executed. ... UGANDA

232 The government of President Yoweri Three journalists were arrested in Museveni continued to face armed opposi­ February and charged with defamation tion in the northeast, north and southwest after allegedly asking Zambia's President of the country. As in previous years, hun­ Kenneth Kaunda "impertinent" questions dreds of people were detained by the gov­ at a news conference in Entebbe. One, ernment's National Resistance Army (NRA) Hussein Abdi Hassan, was refused bail for and imprisoned outside the framework of five weeks but then acquitted in Septem­ the law, particularly in the northeast. How­ ber. However, the government appealed ever, a law passed in 1989 to allow sus­ against his acquittal and he and the two pected insurgents to be tried summarily others still faced charges at the end of was not invoked (see Amnesty Interna­ 1990. All were freed on bail. tional Report 1990). Rebels were responsi­ Seventy-five prisoners, more than halt ble for the deliberate killing of captives. of whom had already been held for a year or more, were charged with treason during 1990. Only four were brought to trial. It appeared that in some cases the long delays and the vague nature of the charges were being used to prolong the imprison­ ment of government opponents against whom evidence was lacking. Forty-three soldiers and civilians charged in January had been in military custody for 15 months: at least eight others arrested with them were still apparently detained with­ out charge at the end of 1990. There were reports of torture and ill­ treatment of prisoners by NRA soldiers, Local Defence Unit militia personnel and pri on staff. In March soldiers in Nebbi, The Penal Code (Amendment) Bill northwest Uganda, were said to have beat­ enacted in June increas d the number of en three suspected smugglers so severely offences punishable by death. The amend­ that one of them died. Marks on the body ment, which made sexual relations with indicated that his lbows, wrists and children under 13 or with prisoners capital ankles had been tied together behind his offences, was presented a a measure to back, a form of tying similar to the method curb the pread of Acquired Immune known as kandooya, which was formally DeficiencySyndrome (AIDS). banned in the NRA in 1987 (see Amnesty Hundreds of new arrests meant that at International Report 1988). In Kampala, a the end of 1990 there were over 1,300 detainee was alleged to have suffered brain people in detention without charge or trial, damage after being beaten and given elec­ many in district prisons and military tric shocks by soldiers in Lubiri Barracks in barracks. However, approximately 2,500 September. Another detainee reportedly detainees were released uncharged during died in November after beatings by soldiers the year. The majority were civilians arres­ there. In August four prison warders in ted by the NRA as suspected rebel support­ Mbarara were charged with murder after a ers and held without any legal status in prisoner died as a result of beatings. civil prisons where they were referred to as Extrajudicial executions by NRA forces "lodgers". In January, 328 "lodgers" from were reported from areas in which armed Culu District, some detained for over two opponents of the government were active, years. were released, among them 11 chil­ including Culu, Tororo and Kumi Districts. dren under the age of 13. A further 2.182 In March, 16 people were allegedly burned detain s from Kumi and Soroti Districts to death by soldiers at Cot Ngur in Culu were released in April. Major Fred Mpiso. District. Further extrajudicial executions detained since being acquitted of treason in reportedly occurred in Soroti District in March 1988. was released in September August and September after the deploy­ fo llowing the filing of a writ of habeas ment there of an army brigade accused of corplls in February (sce Amnesty Interna­ human rights violations elsewhere. In tional Report 1990). Bugondo, 16 people were reportedly UGANDMJNION OF SOVIET SOCIALIST REPUBLICS burned to death and in Soroti town. 20 (see Amnesty International Reports 1989 233 were reportedly battered to death by sol­ and 1990). In response the government diers. After this. 30 soldiers were arrested reaffirmed its opposition to extrajudicial and the brigade was withdrawn. executions and told Amnesty International The authorities announced investiga­ in September that recent incidents in Gulu, tions into some alleged abuses by govern­ Tororo and Kumi Districts were being ment forces but the investigation process investigated, and that a report into the was protracted. Official investigations into 1988 killings in Gulu had been delayed by alleged extrajudicial executions in 1988 logistical problems but would be forthcom­ and other years had still not been conclud­ ing. In December Amn sty International ed by the end of 1990. expressed concern at the killings of stu­ Two students were killed and three dents at Maker ere University and pub­ seriously injured in December when police lished a report, Uganda: Death in the opened fire without warning on a demon­ Countryside, describing killings of prison­ stration at Makerere University. On this ers and non-combatants by the army in occasion, the authorities suspended 1990. It renewed its calls to the govern­ Uganda's two senior police officers, arres­ ment to investigate reports of extrajudicial ted 27 others and set up a commission of executions, to bring those responsible to inquiry headed by a Supreme Court judge. justice, and to review army practices and The General Court Martial, the highest procedures to prevent further killings. military court, sentenced at least two NRA officers to death, one for treason and the other for robbery with violence. At least six UNION OF soldiers were executed by firing-squad after appearing before other military tribunals SOVIET SOCIALIST on charges of murder or rape. Those con­ victed by such courts had no right of REPUBLICS appeal. The High Court also imposed a number of d ath sentences. In July, six people, including Captain Frank Kibuuka, were sentenced to death for treason (see Amnesty International Report 1990). Sev­ eral hundred other prisoners convicted in previous years remained under sentence of death and at least two appeals against death sentences imposed in previous years Were dismissed by the Supreme Court. The USSR parliament continued to However, no prisoners sentenced to d ath implement reforms aimed at bringing some by the High Court were reported to have laws closer to international standards on been executed. human rights. The number of known pris­ Amnesty International representatives oners of conscience continued to drop, as Visited Uganda in February to seek inform­ some 14 benefited from early release and ation about individual prisoners and to dis­ fe wer arrests were reported. At the end of Cuss the organization's concerns with the year at least 30 known or suspected government officials. Amnesty Interna­ prisonersof conscience were believed to be tional welcomed the releases of untried imprisoned, or fo rcibly confined in Political detainees but urged the govern­ psychiatric hospitals. Hundreds of people ment to bring to trial promptly and fairly seeking to exercise their human rights all political detainees, or release them. were detained for short periods during the It also called fo r urgent and impartial year. Some alleged that they were ill­ investigation of reported extrajudicial exe­ treated. Proposals to re tricl the death Cutions and pressed for official action to penalty, first published in 1988, had still prevent such killings. It expressed concern not come before parliament. Fifty-five about the appar nt fa ilure of official death sentences came to light and at least inquiries into alleged extrajudicial execu­ fo ur people were executed. At least one tions by the NRA in 1988 to reach any person seeking political asylum was findings or make any recommendations fo rcibly repatriated. UNION OF SOVIET SOCIALIST REPUBLICS

234 In March Mikhail Gorbachov was elec­ included Vladimir Osipov from the ted by parliament to the newly created post Moldovan Republic. who was sentenced to of executive President of the USSR. Elec­ three years' imprisonment in October 1988 tions in a number of union republics for refusing his call-up papers. He had reflected a desire for increased autonomy; already served a three-year sentence on the by the end of the year all 15 republics had same charge. Both refusals were based on passed declarations of sovereignty or inde­ his religious convictions. He was released pendence. Some asserted the primacy of early in November. In March the Soviet their laws over those of the USSR. The USSR authorities gave a public assurance that Constitution was amended to remove the they would not prosecute for "desertion" Communist Party's monopoly on power. 30 Lithuanian soldiers who had left their Hundreds of people were killed in the units and had been arrested earlier that southern republics as violence continued month. apparently because of their consci­ between ethnic and national groups. and entious refusal to continue serving in the troops were deployed to maintain order. Soviet army. None of them appeared to The USSR parliament continued to have been charged with desertion by the implement reforms intended to give Soviet end of the year. A number of republics citizen more of the human rights guaran­ adopted provisions for an alternative ser­ teed by international standards. In January vice for conscientious objectors. However. a law establishing a Committee for USSR it was unclear how these regulations were Constitutional Supervision came into force. to be applied. as the USSR authorities con­ It appeared to provide. for the first time. a tinued to assert the primacy of their laws. mechanism for systematically translating under which there is no legal provision for international standards into domestic law. alternative service. In April the Estonian Religious believers were granted new Republic abolished articles in its criminal rights under a Law on Freedom of Con­ code providing punishments for refusal to science and Religious Organizations which perform regular and refresher military ser­ came into force in October. The law vice, and rehabilitated those convicted enabled religious groups to apply to under these laws. become legal entities. which could then Hundreds of supporters of the Popular own property. establish religious and char­ Front of Azerbaydzhan were reportedly itable institutions and engage in publish­ arrested after troops moved into the repub­ ing. printing and manufacturing a tivity. Iic's capital. Baku, following violent dis­ The law also removed the requirement that orders in January. Many were apparently congregations register (see Amnesty Inter­ charged with "inciting racial hatred" and national Report 1990). "organizing mass disorders". Most At least 14 prisoners of conscience appeared to have been released. possibly benefited from early release. They included pending trial. by the end of the year. As in Bohdan Klymchak. imprisoned since 1978 other areas of ethnic conflict. a state of for trying to leave the country without emergency and curfew made it difficult to official permission and possessing "anti­ obtain corroborative information on arrests Soviet" literature. He was released from his and to investigate allegations that some 20-year sentence of imprisonment and people may have been detained for their internal exile in October. Fewer arrests of peaceful opposition to official policies prisoners of conscience were reported than rather than for participation in violence. in 1989. At least 30 people were believed Short-term detention and administra­ still imprisoned. or forcibly confined in tive measures (see Amnesty International psychiatric hospitals. at the end of the Report 1990) were used against hundreds year for peacefully exercising their human of people seeking to exercise their human rights. rights. Valery Terekhov. for example. was Most prisoners of conscience were con­ placed under "administrative arrest" fOf scientious objectors to military service. the maximum i5-day term in February for serving up to three years' imprisonment for carrying a placard in Leningrad calling for "evading regular call-up to active military elections to be boycotted. Others were service". At least 16 new cases of impris­ detained. sometimes repeatedly. for dis­ oned conscientious objectors came to light playing nationalist symbols, distributing during the year: almost all concerned informal periodicals or, in one case. giving people sentenced before 1990. They a religious sermon. Some detainees alleged UNION OF SOVIET SOCIALIST REPUBLICS

that they were beaten. Leonid Zelenin is diers took no steps to protect the victims. 235 said to have received injuries, including a During the year the findings of the USSR fractured lower jaw, when beaten in police parliamentary commission investigating custody in Moscow. He was detained from the killings of civilians in the Georgian 9 to 11 April for distributing two informal capital of Tbilisi in April 1989 became ' publications and copies of the USA S available (see Amnesty International Constitution. Report 1990). The commission found that Administrative procedures were also the army had used weapons and poisonous used to forcibly confine at least six people gas against demonstrators in violation of in psychiatric hospitals on what were regulations. The commission's recommen­ believed to be political grounds. Nikolay dations included legislation that would Nosik and Pyotr Rikalo in the Ukraine and clearly define the procedures for introduc­ Kurbanberda Karabalakov in the Turkmen­ ing a state of emergency and martial law ian Republic were held fo r distributing and for deploying riot troops and police to leaflets for opposition political groups. control public order disturbances. In 1990 Artur Shtankov from Murmansk was parliament passed laws on proced ures gov­ allegedly confinedafter seeking to emigrate erning a state of emergency and on the use and renouncing his Soviet citizenship. He of Interior Ministry troops in maintaining is said to have staged a hunger-strike in public order. protest at his confinement and forcible In August a number of Somalis attemp­ medical treatment. At least five people ted to seek asylum in Finland. While trav­ believed confined in psychiatric hospitals elling from Moscow to Helsinki, they were on political grounds before 1990 were reportedly stopped by Soviet officialsat the thought still held at the end of the year. request of the Finnish authorities. They did They included Balazhon Boyev, a Muslim not have entry visas for Finland and were from the Tadzhik Republic, reportedly returned to Moscow. However, towards the confined as a result of his religious acti vi­ end of the year other such asylum-seekers ties. A draft law on psychiatry, said to were said to be arriving in Finland via the include the principle that each compulsory USSR. Also in August a Chinese military confinement should be subjected to a judi­ pilot seeking asylum was sent back to cial review, had not been debated in parlia­ China. ment by the end of the year. Existing The first known group seeking abolition appeal provisions introduced in 1988 had of the death penalty was formed during the been widely criticized as inadequate (see year, but parliament again deferred dis­ Amnesty InternationalReport 1990). cussion of the draft Principles of Criminal Although most known prisoners of con­ Law, which would significantly restrict the science were serving their terms in less scope of the death penalty (see Amnesty severe conditions than in previous years, International Report 1989). Three death those held in a corrective labour colony for sentences were reported, all believed to political prisoners in the Urals - Perm 35 - have been imposed in 1989, on people who alleged they were still subject to arbitrary would have been exempt if the proposed punishment for continuing to express their changes to the criminal law had been beliefs. Prisoner of conscience Bohdan adopted: two women and a man aged over Klymchak, for example, was given a sec­ 60. At least 52 other death sentences and ond term in the punishment cell in January four executions came to light, and a further after going on hunger-strike to protest seven people were thought to have been against the confiscation of his mail follow­ executed after their clemency petitions had ing the visit of a USA congressman in been rejected. Between early 1987, when August 1989. The congressman had appar­ the authorities first announced they were ently received prior assurances that there reviewing the use of the death penalty, and Would be no reprisals against prisoners the end of 1990, at least 159 death sen­ who spoke to him about their cases and tences and 49 executions were reported. conditions of imprisonment. Death penalty statistics remained secret, In January at least 30 Armenians were however, and the real number of death sen­ murdered in what is reported to have been tences and executions was probably much a pogrom in the Azerbaydzhani capital of higher. Information given during an inter­ ' Baku. The official Soviet news agency TASS view in October by the head of the USSR S said that Azerbaydzhani police and sol- parliamentary clemency body, to which all UNION OF SOVIET SOCIALIST REPUBLlCS/UNITED ARAB EMIRATES

236 death sentences are referred, suggested that obstruct asylum-seekers from seeking pro­ on average up to 360 death sentences are tection. In October it expressed concern passed each year. He said the clemency that the Chinese pilot returned to China commission recommends commutation in might face human rights violations. only three to five per cent of these cases. Amnesty International urged the author­ ities to commute all death sentences and to impose a moratorium on the death penalty. UNITED ARAB It also appealed for the immediate release of all prisoners of conscience and for the EMIRATES restoration of their full civil rights, and sought information on others thought likely to be prisoners of conscience. The organization continued to urge the intro­ duction of a non-punitive civilian alter­ native to military service, and a fair legal procedure for applying it. Following the events in Baku in Jan­ uary, Amnesty International expressed concern that local authorities reportedly condoned the killings. It urged an immedi­ ate and impartial investigation into these allegations, and that the perpetrators of the killings be identified and brought to jus­ tice. By the end of the year Amnesty Inter­ national had not been able to ascertain whether such measures had been taken. A possible prisoner of conscience held In February Amnesty International since 1987 was released. At least one per­ wrote to the Chairman of the Committee on son was sentenced to be lashed in public USSR Constitutional Supervision, welcom­ as a judicial punishment. ing its creation as it appeared to indicate Mahmud Sulaiman 'Abdi, a 16-year-old increased respect for constitutional rights Somali national who was arrested in 1987, and the rule of law. It urged the committee apparently in connection with his father'S to use its powers of legislative initiative to political activities (see Amnesty Intema­ ensure that the laws and constitutions of tional Report 1990), was released in mid­ the USSR are brought into line with interna­ January after spending more than two years tionally recognized standards. A report in prison. He was never charged or tried. published by Amnesty International in July In September it was reported that a Pak­ - USSR : First Steps Towords Reform of the istani national, 'Ala' aI-Din Sulaiman, had

Criminal Justice System - assessed recent been sentenced to 80 lashes after being legal changes in the light of international convicted of drunkenness and other char­ standards on human rights. ges. It is not known whether the sentence After participating states of the Confer­ was carried out. Two youths sentenced ence on Security and Cooperation in to 550 lashes each for drunkenness in 1989 Europe agreed at the June Conference on (see Amnesty International Report 1990) the Human Dimension to make death were reported to have appealed against penalty statistics public, Amnesty Interna­ their sentences, which were not known tional wrote to the USSR Minister of Justice to have been carried out by the end of the and other officials asking what steps were year. being taken to make such figures available. Asylum-seekers from countries includ­ In September Amnesty International ing Iran, Somalia and Uganda were alleged­ urged the Ministry of Foreign Affairs to ly threatened with involuntary return to ensure that no Somali asylum-seeker their countries of origin where they might would be returned to Somalia without full become prisoners of conscience or face tor­ and detailed consideration of each case ture or execution. However, no cases of and of the risks asylum-seekers faced if such involuntary return were re orded. returned. It also asked that visa require­ Amnesty International wrote to the gov­ ments not be enforced in such a way as to ernment to urge that sentences of judicial UNITED ARAB EMIRATES/UNITED KINGDOM punishment constituting cruel, inhuman or There was an upsurge in violence in 237 degrading punishment, such as flogging, be Northern Ireland by both Republican and commuted, and that such punishments be Loyalist armed groups. Republican armed replaced with more humane penalties. The groups, notably the Irish Republican Army organization also appealed on behalf of (IRA), are predominantly Catholic and seek asylum-seekers believed to be in danger of a British withdrawal from Northern Ire­ involuntary return to countries where they land and a united Ireland. Loyalist armed might become prisoners of conscience, or groups, notably the Ulster Volunteer Force face torture or execution. [uvr) and the Ulster Freedom Fighters (UFF), from the Protestant community, want Northern Ireland to remain a part of the United Kingdom. It was reported that in Northern Ireland during 1990, 44 people UNITED KINGDOM were killed by the IRA, two by the Irish People's Liberation Organization, 19 by Loyalists, and 10 by British soldiers. The government continued to derogate from those articles of the European Con­ vention on Human Rights (ECHR) and the International Covenant on Civil and Politi­ cal Rights (ICCPR) which state that anyone arrested has the right to be brought before a judge promptly. The European Court of Human Rights had ruled that this right was violated by the Prevention of Terrorism Act (PTA) which allows suspects to be detained for up to seven days without judicial scrutiny. The cases of the prisoners known as the "Birmingham Six", who have been impris­ The cases of six prisoners sentenced in oned since 1974 for IRA bombings, were 1975 fo r bombings in Birmingham were referred in August to the Court of Appeal. referred to the Court of Appeal. A judicial The government's decision was based on inquiry into the wrongful convictions of an interim report of a police investigation the "Guildford Four" and related cases which suggested that police evidence at the issued an interim report and three police trial concerning one prisoner's confession officers involved in the "Guildford Four" may have been fabricated. cases were charged with conspiracy. The Another police investigation examined senior police officer who directed the allegations of grave misconduct by the investigation into a riot at Broadwater West Midlands Serious Crimes Squad, Farm in 1985 was fo und guilty by a disci­ which had been involved in interrogating plinary board of denying a 13-year-old the "Birmingham Six" and was disbanded suspect access to a lawyer, and new evi­ in 1989 (see Amnesty international Report dence cast doubt on the convictions of 1990). It had not been completed by the three people fo r the murder of a police end of the year but an interim report officer during the riot. Six men of Kuwaiti disclosed that many vital documents had and Bahraini origin were detained, possi­ disappeared from police offices. bly fo r their non-violent political activi­ A judicial inquiry into the wrongful ties. Suspects alleged ill-treatment while convictions of the "Guildford Four" and in police custody in Northern Ireland. The related cases was not completed. The Circumstances of several killings by "Guildford Four" had been convicted of security fo rces in Northern Ireland were murder in 19 75 for bomb attacks; their disputed and coroners' inquests were convictions were quashed and they were delayed. A police inquiry into alleged col­ released in 1989 as a result of evidence of lusion between security fo rce personnel police malpractice (see Amnesty Interna­ and Loyalist armed groups in Northern tional Report 1990). The judicial inquiry �eland concluded that leaks of security issued an interim report in July, dealing Information could not be eliminated. with the cases of seven members and I UNITED KINGDOM 238 friends of the Maguire family arrested in the allegations and declared his confes­ connection with the "Guildford Four" sions inadmissible. Brian Gillen obtained cases. The seven had been convicted in an out-of-court settlement of his claim for 1976 of possessing and handling explo­ damages against the Royal Ulster Constab­ sives on the basis of forensic evidence, and ulary (RUC) for assault (see Amnesty Inter­ served prison sentences of between five national Report 1989). Ten people from and 14 years. The report concluded that Strabane alleged that they had been ill­ the c.onvictions were unsound and criti­ treated during interrogation at Castlereagh cized the judges, the prosecution and in April and May. The allegations included scientists for mishandling crucial fo rensic slaps to the head, punches to the body, and evidence. The Home Secretary immedi­ fingers being bent back. The 10 were ately referred these cases to the Court of released without charge. Appeal. The inquiry planned to look at In January three men were killed in wider issues relating to scientific evidence, West Belfast by undercover soldiers during as well as at the wrongful convictions of an attempted robbery. John McNeill was the "Guildford Four" once criminal pro­ shot as he sat unarmed and unmasked in a ceedings against police officers had ended. getaway car. Six shots had been fired at his Three Surrey police officersinvolved in the head and body and at least one had been interrogation of the "Guildford Four" were fired from less than 24 inches away. charged in November with conspiracy to Edward Hale and Peter Thompson had pervert the course of justir:e. been shot 13 and 10 times respectively. The police officer who led the inquiry They were reportedly carrying imitation into disturbance� at the Broadwater Farm fi rearms. Eye-witnesses said that no appar­ housing estate in London in 1985 faced a ent attempt had been made to arrest the closed disciplinary hearing in June (see three; that they had not been challenged Amnesty International RepOlts 1988. 1989 before being fired at; and that two of the and 1990). He was found guilty of denying three were shot again while lying on the 13-year-old Jason Hill access to a lawyer. ground. In Decemb r the Director of Public Jason Hill, who was acquitted of murder, Prosecutions announced that no one would had been denied access to parents and be prosecuted in connection with the lawyers during three days' detention and killings. had made a confession while dressed only In September Martin Peake, 17, and in underpants. In November disciplinary Karen Reilly, 18, were shot dead by sol­ charges were brought against a police diers while driving a stolen car in West officer who had interrogated Jason Hill. Belfast. Officialsal leged that they had driv­ ew evidence, including psychological en through an army checkpoint and hit a tests on two of the prisoners, cast further soldier. However, eye-witnesses, including doubt on the convictions of three people a 16-year-old passenger in the stolen car, for the murder of a policeman at Broad­ claimed there was no checkpoint. water Farm. The case of Engin Raghip, one In December Fergal Caraher, a member of the three, was referred to the Court of of Sinn Fein (the politi al counterpart of Appeal in December. the IRA), was shot dead and his brother Six men of Kuwaiti and Bahraini origin, Michael seriously wounded by British sol­ arrested in May under the PTA, alleged that diers. Officials statedthat the two unarmed they were detained because of their non­ men were shot after fa iling to stop their car violent political activities. Four of them at a border checkpoint in Armagh bul this were released without charge; however, was disputed by eye-witnesses. two were deported on national security Police investigations continued into the grounds. killing in September 1989 of Brian Robin­ Suspects arrested under anti-terrorist son, a member of the LJVF. He was shot by legislation in Northern Ireland alleged that undercover soldiers who had reportedly by they had been ill-treated in police custody. chance seen him kill a Catholic man, and Martin McSheffrey alleged that he had had then given chase. An eye-witness been ill-treated during interrogation at claimed that Brian Robinson was shot as he Castlereagh Police Centre in October 1989 lay injured on the ground after soldiers had and had confessed involuntarily as a result. knocked him off his motor cycle. He was acquitted in October 1990 after the Five House of Lords judges, sitting as judge heard medical evidence supporting the highest app al court in the United UNITED KINGDOM

Kingdom, unanimously overturned a 1988 its scope and fa iled to identify members of 239 ruling of the Northern Ireland Court of the security forces involved in passing on Appeal that compelled security force per­ information to armed Loyalist groups. sonnel involved in disputed killings to give In May Amnesty International expres­ evidence at inquests (see Amnesty Interna­ sed concern to the government about the tional Report 1990). The House of Lords decision to derogate indefinitely from ECHR decision held that such personnel do not and ICCPR articles guaranteeing detainees have to attend or testify, to protect them the right to be brought before a judge from exposure to the "embarrassment, in promptly after arrest. The government said circumstances where they may be the sub­ that "a satisfactory procedure for the ject of criminal proceedings, of invoking review of the detention of terrorist suspects the privilege against self-incrimination". involving the judiciary has not been Long overdue inquests into over 20 identified". Amnesty International was not killings by security force personnel were convinced that the search for a solution further postponed because of another legal had genuinely been exhausted, and urged challenge to the Coroner's Rules, objecting the government to meet international to written evidence being admitted from standards. security force personnel not present to Amnesty International continued to be cross-examined. The Northern Ireland press the government for a review of the Court of Appeal upheld the existing rule in "Birmingham Six" cases, in particular for a December; an appeal against the ruling speedy resolution after the cases had been went to the House of Lords. referred to the Court of Appeal. The organ­ A police inquiry led by Deputy Chief ization sent an observer to the preliminary Constable John Stevens into collusion hearing in December, which set a date in between security force personnel and Loy­ February 1991 for the appeal hearing. alist armed groups in Northern Ireland Amnesty International welcomed the released a summary report in May (see referral of Engin Raghip's case to the Court Amnesty International Report 1990). As a of Appeal. However, it continued to urge result of the inquiry, 59 people were the government to review the cases of all charged or reported to the Director of Pub­ Broadwater Farm defendants convicted of lic Prosecutions. They were not charged serious offences on the basis of uncorrobor­ with collusion but with lesser offences ated confessions obtained in the absence of such as possession of security documents. a lawyer. It also urged the government to The overwhelming majority of those arres­ investigate a pattern of alleged police mis­ ted were civilians (32 were members of conduct during interrogation of suspects. Loyalist organizations). They included The government stated that it did not Brian Nelson, who was charged with pos­ believe there was a need for a separate sessing documents containing information investigation into the overall pattern of about IRA suspects likely to be of use to ter­ police behaviour because the investigation rorists. Brian Nelson had reportedly been supervised by the Police Complaints both a British military intelligence agent Authority had been wide-ranging. and the intelligence information officer of Amnesty International asked the gov­ the Ulster Defence Association (UDA), ernment about the detention of the Kuwaiti Which has linKs with the UFF. This gave and Bahraini men and expressed concern rise to claims that the authorities had been that they might have been detained for aware for some years of collusion between their non-violent political activities. The the security forces and the UDA. Charges organization was further concerned that against five UDA men were dropped in one of them, Anwar al-Harby, was not October. allowed to appeal against the refusal of his The Stevens inquiry report stated that asylum application and may have been "in the present climate" in Northern Ire­ expelled for his well-known human rights land, leaks of official security information work on Kuwait. "may never be completely eliminated". Amnesty International expressed con­ However, it said that measures already cern to the government about recent dis­ taken had limited the opportunity for such puted killings in Northern Ireland, which leaks and that "the passing of information raised some of the same questions posed in had been restricted to a small number of previous incidents, namely whether the individuals". The inquiry was limited in people could have been arrested rather UNITED KINGDOM/UNITED STATES OF AMERICA

240 than killed; whether the use of lethal force Twenty-three prisoners were executed was necessary in the circumstances; and under state laws, bringing the number of whether they were planned operations (see executions since 1977 to 143. The states of Amnesty International Reports 1989 and Arkansas, Illinois and Oklahoma resumed 1990). executions after more than 20 years. Other executions were carried out in the states of Alabama, Florida, Louisiana, Missouri, Nevada, South Carolina and Texas. UNITED STATES OF The states of Kentucky and Tennessee passed legislation prohibiting the death AMERICA penalty for mentally retarded defendants. Only two other US states already had such legislation. Missouri raised the minimum age at which an offender could be sen­ tenced to death from 14 to 16 years at the time of commission of the crime. This brought the state into line with a 1989 US Supreme Court ruling that offenders as young as 16 could be executed. Evidence suggested that the death penalty continued to be applied in a racial­ ly discriminatory manner. In February the General Accounting Office (CAD), an inde­ pendent agency of the federal government, published the findings of a survey it had conducted into the effects of race on Twenty-three prisoners were executed in capital sentencing practices. The CAD had 1990. At the end of the year more than examined numerous research studies on 2,300 people were under sentence of death this issue carried out since the mid-1970s. in 34 states and under United States ( s) Eighty-two per cent of these studies military law. Proposals to extend the suggested that those convicted of murder­ death penalty under federal law were ing white victims were significantly more dropped from a major crime hill. Amnesty likely to be sentenced to death than those International continued to investigate convicted of murdering black victims. criminal cases in which it was alleged that In September a pre-trial motion on the prosecutions were politically moti­ racial discrimination was heard in Colum­ vated. There were complaints of ill­ bus, Georgia, in the case of William Brooks, treatment of prisoners. a black defendant charged with the murder A congressional committee removed all of a white woman. Lawyers from the death penalty provisions from a federal Southern Prisoners' Defence Committee crime bill which was then passed by (spoc) argued that the death penalty should Congress on 26 October. The us Senate not be available in this case as it had been and House of Representatives had earlier applied in a racially discriminatory man­ approved draft bills which would have ner in the Chattahoochie Judicial Circuit. reintroduced the death penalty for a num­ particularly in the city of Columbus where ber of federal crimes and extended it to the case was being prosecuted. The SPDC crimes not previously punishable by death. presented data on homicide convictions in The House bill had contained an the circuit between 1973 and 1990 which amendment giving defendants the right to showed that prosecutors had sought the seek reversal of their death sentences on death penalty in 34.3 per cent of white vic­ the grounds of a demonstrated pattern of tim cases and only 5.8 per cent of cases racial discrimination in death sentencing. involving black victims. This difference This too was dropped from the legislation. could not be accounted for by non-racial In October the United States of America factors such as the presence of aggravating (USA) ratified the United Nations (UN) Con­ circumstances, additional felonies, multi­ vention against Torture and Other Cruel, ple victims or the murder of strangers. Of Inhuman or Degrading Treatment or Pun­ the 27 cases which went to trial on a capi­ ishment. tal charge, 21 involved white, mainly UNITED STATES OF AMERICA single victims and six involved black deprived social background constituted 241 victims, four of which were cases with compelling grounds for clemency. How­ multiple victims. ever, clemency was denied. The SPDC also presented evidence to The first execution in Illinois since 1962 show that Chattahoochie prosecutors had was carried out in September when Charles consistently used their peremptory chal­ Walker was executed by lethal injection. lenges (the right to reject potential jurors Three physicians reportedly inserted an without explanation) to exclude blacks intravenous line through which non­ from trial juries in capital ca es involving medical staff later injected the lethal black defendants. Testimony given by the medication. This was believed to be the relatives of nine black murder victims sug­ first time that doctors had participated so gested that their cases had been treated directly in an execution and was contrary differently from those involving white fa m­ to the guidelines of both the American ilies. On 19 September the court i sued, Medical Association and the World Medi­ without further elaboration, a four-word cal Association. ruling: "The motion is denied." Amnesty Earlier, the unique cruelty of the death International was represented at part of penalty was graphically demonstrated the hearing and concluded that the state when flames and smoke emitted from Jesse had fa iled to offer a satisfactory explana­ Tafero's headpiece during his electrocution tion for the pattern of racial disparity in in Florida in May. Three applications of death sentencing. high-voltage electricity were required Dalton Prejean, a black, mentally retar­ before he was pronounced dead, owing ded juvenile offender, was executed in to a malfunction caus d by use of the Louisiana in May. He was convicted in wrong type of sponge in the headpiece. 1978 of the murder of a white police officer Executions in Florida were temporarily when he was 17 years old. He had been suspended until the state declared in July tried and sentenced by an all-white jury that the electric chair was working after the prosecutor had used his peremp­ properly. tory challenges to exclude all black In September a Louisiana court issued a prospective jurors from the jury panel. The stay of execution for Fred rick Kirkpatrick Governor of Louisiana denied clemency after his lawyers filed a petition arguing, despite a recommendation by the among other things, that execution in Louisiana Board of Pardons and Paroles the state's electric chair would be cruel that Dalton Prejean's death sentence and unusual punishm nt. Citing recent should be commuted to life imprisonment research by a United Kingdom phYSiolo­ Without parole. Their recommendation was gist, the petition argued that electrocution based on his history of childhood abuse caused excruciating pain. The appeal was and mental illness - factors which were still pending at the end of the year. not presented to the jury during the s nten­ Lawyers urged the Governor of Virginia cing stage of his trial. International treaties to hold an inquiry into the use of the elec­ and standards prohibit the execution of tric chair following Wilbert Evans' execu­ anyone under the age of 18 at the time of tion on 17 October. Blood had streamed the crime. fr om beneath the prisoner's mask and he In September Charles Coleman became had reportedly groaned as the electric cur­ the first prison r to be execut d in Okla­ rent was applied. homa for 24 years. Eight years after his In January a us district court denied a conviction his appeal lawyers discov red habeas corpus petition in the case of David that he had a history of chronic schizo­ Rice, a black political activist serving life phrenia and organic brain damage, first impri onment in Nebraska. He and Edward diagnosed in 1962 when he was aged 15. Poindexter had been convicted in 1971 of He had suffered head injuries in childhood the murder of an Omaha police officer, and brain seizures since the age of nine - although both denied involvement and information which had not been presented alleged that they were "fram d" because at his trial. Amnesty International had they were leading members of the National written to the Oklahoma Board of Pardons Committee to Combat Fascism, an offshoot and Paroles and to the Governor of of the Black Panther Party. At the hearing, Oklahoma arguing that Charles Coleman's lawyers for David Rice argued that evi­ brain damage, psychiatric history and dence which might have damaged the UNITED STATES OF AMERICA

242 credibility of the 16-year-old chief state in conditions (including denial of fresh air witness had been improperly withheld by and exercise) which had exacerbated his the prosecution at the time of trial. The condition. witness, who was a major suspect in the Amnesty International wrote to the Fed­ murder, had been sentenced to youth cus­ eral and Washington oe prison authorities tody in May 1971 after testifying for the in June expressing concern that the alleged prosecution and had proved untraceable medical neglect of Or Berkman and his since his release shortly afterwards. An general conditions of confinement might be appeal against the district court's denial of considered cruel, inhuman or degrading habeas corpus relief was heard in Novem­ treatment. The Federal Bureau of Prisons ber and a decision was still pending at the replied, stating that Or Alan Berkman - end of the year. then in the custody of the Washington oe Amnesty International wrote to the Corrections Department - was being treat­ Attorney General of Nebraska in Novem­ ed by competent medical professionals and ber, questioning the fa irness of the original receiving chemotherapy. trial proceedings and noting that the con­ Prisoners at Rikers Island Prison, New tinuing absence of the chief prosecution York, were reportedly ill-treated by guards witness may have significantly hampered on 14 August after a riot in the prison. It investigation of the defendant's post-con­ was alleged that guards took prisoners from vi tion claims. Irregular conduct by the their cells, lined them up against walls and Federal Bureau of Investigation (1'01) during beat them with batons. At least 142 prison­ its "Cointelpro" (counter-intelligence) ers and 20 prison guards were taken to hos­ operations in the 1970s, Amnesty Interna­ pital after the riot. Most had minor injuries tional said, had undermined the fairness of but several inmates were still receiving a number of trials of political activists, hospital treatment days after the incident. in luding members of the Black Panther An inquiry conducted by the New York Party. State Commission of Corrections fo und In January the Governor of Louisiana that the guards had used excessive force. rejected a recommendation by the Amnesty International wrote to the Louisiana Pardons Board that Gary Tyler's Mayor of New York City and to the New life sentence be commuted to 60 years' York State Commission of Corre lions, imprisonment (see Amnesty international welcoming the prompt decision to investi­ Report 1990). gate the allegations and urging that those Allegations of ill-treatment at Harrison responsible for ill-treating prisoners after County Youth Detention Cent er in Missis­ the riot should be brought to justice. sippi and at the Harrison County Jail, made In response, the authorities informed public in September 1989, were reported to Amnesty International that several inde­ be under federal investigation. Inmates, pendent authorities (including the New including two boys aged 13 and 14, were York State Commission of Corrections) allegedly beaten or oth rwise abused by were continuing to investigate the allega­ officials between 1986 and 1989. Amnesty tions and that disciplinary action would be International wrote to the Mississippi Field taken where appropriate. Division of the FBI in February to express In 1989 allegations came to light that concern and seek information about the police offi cers from the Area 2 police investigation but had received no reply by station in Chicago, Illinois, had systemati­ the end of the year. cally tortured or otherwise ill-treated more Reports suggested that us prison author­ than 20 people suspected of killing police ities may have been deliberately negligent officers between 1972 and 1984. The sus­ in their treatment of Or Alan Berkman, pects alleged that they had b en beaten, who developed Hodgkin's Disease while kicked, subjected to electric shocks, had serving a federal prison sentence fo r politi­ guns placed in their mouths or had plastic cally motivated offences. The cancer had bags placed over their heads while in gone into remission in 1986 but recurred in police custody during this period. At least 1990. The authorities reportedly failed to 12 people filed complaints with the follow specific m dical recommendations Chicago police department's Office of Pro­ about regular monitoring of his condition fessional Standards (OI'S) , which were dis­ and were said to have held him at the missed as "not sustained", despite Washington, District of Columbia (oe) Jail, substantial medical evidence in at least one UNITED STATES OF AMERICMJRUGUAY I case. [n February 1990 Amnesty Interna­ President in March 1990. 243 tional expressed its concern to the Illinois In February and October respectively, Attorney General about the apparent inade­ Uruguay signed the Second Optional Proto­ quacy of the Ops investigations and asked col to the International Covenant on Civil whether any action was being taken against and Political Rights Aiming at the Aboli­ police officers in light of the allegations. In tion of the D ath Penalty and the protocol response, the First Assistant Attorney Gen­ to the American Convention on Human eral said that torture in polic custody is Rights to abolish the death penalty. It had prohibited in Illinois and that complaints not ratified these treaties by the end of the to the UPS were investigated by indepen­ year. dent civilian personnel. He suggested addressing further complaints to the Cook County State' Attorney or the us Attorney for the Northern District of Illinois (who .. are responsible for investigating alleged civil rights violations). Amnesty Interna­ tional wrote to both officials in December, asking them to investigat the allegations. Amnesty International also called on the Chicago city authorities to initiate a full inquiry. There were allegations of human rights violations by llS troops during the invasion of Panama (see Panama). Amnesty International made numerous appeals on behalf of prisoners under sen­ ten e of death, urging clemency in all The few remaining official investiga­ cases, and made interventions on behalf of tions into "disappearance" cases fa iled to David Rice, Dr Alan Berkman and others. clarify the fa te of the victims. Investiga­ In an oral statement to the UN Sub­ tions into "disappearances" had b en en­ Commission Working Group on Detention, trusted to a military pro ecutor under the Amnesty International included reference 1986 Expiry Law (sec Amnesty Interna­ to its concerns on the imposition of the tional Reports 1987 to 1990), which pre­ death p nalty on juvenile offenders in the vented the prosecution of military and USA. police officials for human rights violations committed under military rule. 10 several cases the military pro. ecutor closed cases after concluding that the "disappeared" URUGUAY person had never been detained by the security forces. The prosecutor had made New evidence came to light linking senior similar rulings in previous years, despite officials in the military government of considerable evidence implicating mem­ 1973 to 1985 to "disappearances" carried bers of the security forces. out in that period. Nevertheless the fe w Fresh evidence linking former senior remaining official investigations into "dis­ government officials to "disappearances" appearances" fa iled to clarify the fa te of continued to emerge. In April a Uruguayan the victims. Civil courts hearing compen­ newspaper revealed the existence of a clas­ sation claims fo und the state responsible sified memorandum, written by a Foreign for the death in custody of a detainee in Ministry official in 1976 to the then foreign 1975 and fo r the illegal arrest and torture minister, Juan Carlos Blanco, assessing the of several political prisoners under mili­ possible international repercussions of tary rule. During 1990 several prisoners releasing Elena Quinteros, a teacher who died in disputed circumstance in "disappeared" fo llowing her 1976 abduc­ Libertad prison and there were further tion by police from the grounds of the reports of ill-treatment of prisoners there. Venezuelan Embassy. Further evidence Following the ele tion victory of implicating government officials in the the Blanco National Party in November Quinteros "disappearance" came to light in 1989, Luis Alb rto LacalJe took office as May when the results of a Foreign Ministry URUGUAY

244 investigation carried out between 1987 and damages presented to a civil court by the 1989 were made public. However, a parlia­ relatives of Vladimir Roslik, a doctor who mentary commission set up in June 1990 to died under torture at the Fray Bentos mili­ investigate the involvement of Juan Carlos tary headquarters in April 1984. In similar Blanco in this "disappearance" concluded lawsuits, the Ministry of Defence agreed to that there was insufficient evidence to ini­ negotiate a settlement with Sergio L6pez tiate proceedings against him. In 1983 the Burgos and fiveother Uruguayans detained Human Rights Committee established and tortured in Buenos Aires in a joint under the International Covenant on Civil operation by Argentine and Uruguayan and Political Rights had concluded that the police in 1976 and later imprisoned in government had an obligation to investi­ Uruguay. While acceptance of these claims gate the case thoroughly, to clarify Elena was seen as a tacit admission of the QUinteros' fate and to bring to justice those Defence Ministry's responsibility for illegal responsible. In June 1990 the Foreign Min­ detention and torture, the offer of an out-of­ ister announced that he would seek com­ court settlement eliminated trial proceed­ pliance with the Committee's 1983 ings in which fo rmer members of the conclusion. However, President Lacalle military would have been called to testify then stated publicly that neither legal as witnesses. Other former political prison­ channels nor public opinion supported a ers whose claims for damages were before reinvestigation of the past. At the end of civil courts expressed their dissatisfaction the year the case remained closed. with any settlement that permitted the gov­ In February 1990 criminal proceedings ernment to evade a thorough investigation brought by Sara Mendez against the adop­ and clarification of events as well as a tive parents of a 14-year-old boy, whom public and unequivocal admission of she believed to be her "disappeared" son, state responsibility. were closed following the government's There was little progress in the investi­ decision that the case was covered by the gations into two killings allegedly commit­ Expiry Law (see Amnesty International ted by police officers in 1989. Despite the Report 1990). Sara Mendez' son "disap­ presentation of new witnesses in the cases peared" after being taken from his mother of Nestor Castillo Romero and Jorge by police during her detention in 1976. Ricardo lnciarte Castells (see Amnesty However, her lawyers argued that the International Report 1990), responsibility Expiry Law did not apply to alleged crimi­ for their deaths had still not been estab­ nal offences committed by civilians, in this lished at the end of the year. case the concealment of the identity of a A police officer was tried for the illegal minor. In May 1990 she took the case arrest of Guillermo Machado, who died in before a civil court, which in September police custody in July 1989 (see Amnesty ordered blood tests to ascertain the child's International Report 1990). To Amnesty identity. However, the tests were delayed International's knowledge, he was not fo llowing a series of appeals by the adop­ convicted. tive parents, one of which was still pend­ At least five criminal prisoners died in ing at the end of the year. disputed circumstances in Libertad maxi­ Despite the barrier to criminal prosecu­ mum security prison outside Montevideo. tion created by the Expiry Law, several rel­ Among them was Jorge Barreiro Dorta. who atives of people killed, "disappeared" or was found hanging in his cell on 14 Febru­ imprisoned under military rule obtained ary. His cell-mate testified before a court compensation from the state fo llowing civil that Jorge Barreiro Dorta had been subject­ court rulings in their fa vour. In April a ed to ill-treatment by prison guards shortly judge ordered the Ministry of the Interior before his death. His death provoked a to pay compensation to the relatives of hunger-strike by prisoners protesting Alvaro Balbi, a Communist Party leader against ill-treatment and harsh prison con­ who died in police custody in July 1975. ditions. There were further reports of ill­ The judge concluded that Alvaro Balbi had treatment in Libertad prison during a cell died under torture, but stated that those search by prison guards on 2 July. Accord­ responsible could not be brought to justice ing to relatives, scores of prisoners showed owing to the Expiry Law. signs of having been beaten during the In November the Ministry of Defence operation. A Supreme Court delegation, accepted responsibility in a claim for accompanied by judicial officials and URUGUAY/VENEZUELA forensic doctors. visited the prison in economic policies. In February one person. 245 November and took statements from pris­ Halo Alberto Vargas. was fatally wounded oners who said they had been ill-treated. In and others were injured during clashes a number of cases judicial proceedings between police and trade union demonstra­ were initiated to investigate these tors in Caracas. Approximately 39.000 allegations. prisoners all over the country went on Detainees in some police stations in hunger-strike in March demanding better Montevideo also reported having been ill­ prison conditions and an end to over­ treated. Three metalworkers detained in crowding. Over 200 prisoners who were August later claimed in court that theyhad involved in organizing the hunger-strike been hooded and beaten in order to make were sent in April to the remote jungle them confess to theft. camp of El Dorado. where conditions were In December Amnesty International reportedly harsh. At the end of July Presi­ wrote to the Minister of the Interior ex­ dent Carlos Andres Perez announced an pressing con ern at reports of ill-treatment increase in public transport fares and in Libertad prison and requesting inform­ petrol prices. which led to widespread ation concerning the progress of official protests. with some outbreaks of violence. investigations initiated after the visit of the Hundreds of people who had reportedly Supreme Court delegation. The organiz­ not engaged in violence suffered arbitrary ation asked what measures had been taken arrest. and scores were injured by the to clarify the death of five prisoners in Lib­ security forces in the context of such ertad and to guarantee the physical safety demonstrations. of those held there. Amnesty International In July Venezuela signed the Second continued to investigate allegations of ill­ Optional Protocol to the International treatment of detainees in police custody. Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty. In September Venezuela signed the protocol to the American Convention VENEZUELA on Human Rights to abolish the death penalty. Amilcar Rodriguez. a political prisoner. and at least nine other detainees allegedly suffered torture or ill-treatment during and after their transfer from different prisons to the remote jungle prison camp of El Dorado. The prisoners reported that follow­ ing transfer to the prison camp. prison wardens beat them with peinillas. large blunted sabres. which were covered with excrement so that the resulting wounds would become infected. Amflcar Rodrfguez was allegedly tortured. in the presence of two medical doctors. with electric shocks. blows with a baseball bat. and kicks. Ten prisoners. including Amflcar Rodrfguez. Prisoners were allegedly tortured and ill­ were transferred to another prison in the treated. At least one "disappearance" was state of Guarico in August. following a visit reported. There were new reports of to El Dorado by three state attorneys and a arbitrary killings by police officers, par­ forensic doctor who reportedly found the ticularly in poor urban neighbourhoods. prisoners in poor physical condition. Investigations into human rights abuses in At least one person "disappeared" after previous years continued to make little detention by members of the security progress. The bodies of several people forces. Fidel Jose Jimenez Fuentes was reportedly killed by the security fo rces in reportedly detained in March by the state 1989 were exhumed from an unmarked police in Anzoategui and taken to the local mass grave. police station. His fa ther went to the police Demonstrations took place throughout station two days later and was told that his the year in response to the government's son was not being held there. The police VENEZUELA

246 subsequently said that Fidel Jimenez had Most complaints of alleged human been abandoned in a remote area because rights abuses committed during the Febru­ he had suffered a nervous breakdown. He ary to March 1989 protests remained before was still missing at the cnd of the year. the military courts (sce Amnesty Interno­ Seven police officers were arrested and tional Report 1990). No new prosecutions accused of "abandoning a disabled person or convictions were reported in connection in a solitary place". A few days later, how­ with these cases. In November, however, a ever, a judge ordered the seven to be civilian judge investigating irregularities in released pending trial. The Attorney Gen­ the disposal of the bodies of many of those eral's Office appealed against this decision. killed in Caracas during the 1989 protests There were renewed reports of arbitrary ordered the exhumation of unmarked mass and unprovoked killings by police officers, graves believed to contain the remains of particularly in the poor urban neighbour­ victims. hoods of Caracas or in small provincial Two police officers charged with killing towns. Jose Gregorio Dfaz, aged 15, and two students - Yulimar Rey s and Juan Jefferson Padilla, aged 16, were reportedly Carlos Celis Perez - during the February abducted in Caracas in broad daylight by 1989 protests, were released in May pend­ officers from the Policfa Metropoliiana, ing trial after the charges against them were metropolitan police, in January. Their bod­ reduced from murder to manslaughter. ies were found 13 days later. Both youths Their trials wer continuing at the end of had been shot in the head. Four police the year. officerswere charged with the murd rs. In September criminal charges were In June Pedro Muiioz Vasquez was brought against 16 members of the Policfa intercepted in the streets of Caracas by Tecnica Judicial (PT}), criminal investi­ three metropolitan police officers. Accord­ gations police, accused of torturing six ing to witnesses, he was held by two of the detainees in 1989 (se Amnesty In terna­ officers while the third shot him at close tional Report 1990). One of the detainees, range. A judge ordered the exhumation of Nelson Arvelo Ceballo, who was uncondi­ Pedro Muiioz Vasquez's body in August tionally released in 1989, sought refuge in and an autopsy confirmed the cause and the Attorney General's Office in March manner of death reported by the witnesses. 1990 following a series of threats from Arrest ord rs against the three officerswere members of the PT}. Nelson Arvelo Ceballo subsequently issued. No further inform­ died in August; the police said he was ation about the case was known at the end killed in a road accident. His family of the year. claimed that his body appeared to have a Most investigations by military and bullet wound in the head. The state attor­ civilian courts into alleged arbitrary ney in charge of the case ordered the killings by police and military personnel exhumation of the body to determine the during previous years continued to make cause of death, but this had not been done little progress. In June, however, the by the end of the year. Supreme Court upheld the decision of a In March Amnesty International pub­ lower military court to bring charges lished a report, Venezuela: Reports of Arbi­ against 19 members of a military and trary Killings and Torture: February/March police patrol allegedly responsible for the 1989, which reiterated concerns expressed deliberate killing of 14 fishermen in El in a letter sent to President Perez in Jan­ Amparo in 1988 (see Amnesty Interna­ uary. The organization called for the publi­ tional Report 1989). All 19 had been briefly cation of the official list of tho e who had detained in 1989, until the military court of died in the 1989 protests. It also called for appeal dropped the charges against them the exhumation of all bodies buried in (see Amnesty International Report 1990). common graves, and requested information In August, following the Supreme Court's about any measures taken to prevent fur­ decision to reinstate charges, 15 of them ther arbitrary killings and ill-treatment. wer rearrested. In November it was The government acknowledged Amnesty announced that President Perez - in his International's letter but no substantive capacity as commander-in-chief of the reply was received. In March Amnesty armed forces - had ordered the investiga­ International wrote to the President tions into this case to continue. The trial requesting information about the death had not concluded by the end of the year. of !talo Alberto Vargas fo llowing a trade VENEZUELA;VIET NAM union demonstration in February; no prisoners of conscience were detained dur­ 247 response was received. In November a ing the year, including two Roman Catholic forensic anthropologist visited the country priests, Chan Tin and Nguyen Ngoc Lan; on behalf of Amnesty International to mon­ Doan Than Liem, a lawyer; and Nguyen itor the exhumation of unmarked graves in Dan Que, a doctor. The official Vietnamese Caracas reportedly containing the remains media reported that the two priests had of several of those killed in February and been arrested for offences including "carry­ March 1989. ing out activities aimed at opposing social­ ism". Chan Tin was also accused of giving anti-government sermons with the aim of "inciting Catholics to demand human and VIET NAM civil rights". Doan Than Liem was report­ edly arrested on charges including involve­ ment in the drafting of an unauthorized constitution. Or Nguyen Dan Que, who had been imprisoned for political reasons from 1978 to 1988, was arrested in June after peacefully criticizing the government. In January he had become the first member of Amnesty International in Viet Nam. It remained unclear wh ther any of the nine detainees had been charged or tried. Among the prisoners of conscience who continued to be held throughout the year were three Buddhist monks - Thich Tri Sieu, Thich Duc Nhuan and Thich Tue Sy - and a writer, Doan Quoc Sy. Dominic Trarl Dinh Thu, a Roman Catholic priest At least 60 known and possible prisoners who had been tried and sentenced with of conscience remained in prison through­ other defendants in 1987, was offered his out 1990 and at least nine others were release in January on the condition that he arrested during the year. The government returned to live with his family. He confirmed that 128 prisoners detained in refused, declaring that he would agr e to earlier years were still being held at a "re­ be released only if his innocence was education" camp. Six people were report­ officially acknowledged, and on condition edly sentenced to death and there may that he was allowed to return to his semi­ also have been unreported death sen­ nary and that all those tried with him were tences. No executions were known to have also released. been carried out. At least three prisoners of conscience The official policy of d6i moi, "renova­ were released. Ho Hieu Ha and Nguyen tion", under which reforms to protect Huu Cong, two Protestant pastors con­ human rights and to allow political debate victed in 1987 of "preaching against the were carried out between 1986 and 1989, revolution", were freed in January (see su ffered setbacks in 1990. In April the Amnesty International Reports 1988 and government confirmed that it was sup­ 1990). Hoang Hai Thuy, a writer held since pressing dissent and warned that force 1984, was released in February. Phan Van would be used to quash any attempt "to Lam Binh, a writer released from prison in destabilize the socialist system". In June 1989, reportedly continued to be subject to the official Vietnamese media announced restrictions on his movement. the arrest of "many people accused of vio­ The government confirmed to Amnesty lating national security". Among those International in March that as of May 1989, detained were known and suspected critics 128 former soldiers and officials of the pre­ of the government. vious Republic of Viet Nam (RVN) govern­ At least 60 people who continued to be ment remained in a single "re-education" imprisoned throughout 1990 were believed camp, referred to as K 1230D, at Ham Tan. to be prisoners of conscience or possible Thuan Hai province. It provided no prisoners of conscience. At least four other information to suggest that any of them had ... :g prisoners of conscience and five possible been freed sinceMay 1989. Those detained ... VIET NAM

248 included Tran Ngoc Diem, a former lieu­ trial on 15 and 16 August in 110 Chi Minh tenant-colonel in the RVN army who had City in which a Roman Catholic priest, been chief of security in Gia Dinh Nguyen Van De, and 10 other Catholic province. However, the situation of some priests and lay persons were convicted of former RVN military officers and civil ser­ spreading "counter-revolutionary propa­ vants who had been held in camps ganda through religious activities". Nguyen remained unclear. Among them were Van De was sentenced to 10 years' impris­ Truong Kim Cang, Nguyen Van Hao, Tran onment and the other defendants to jail Ban Loc and Nguyen Khac Nghi. terms ranging fromthree to eight years. The situation of a number of other Owing to restrictive legislation on the prisoners, including possible prisoners of media adopted in December 1989 (see conscience, who were reported to have Amnesty International Report 1990), been detained without trial in previous press reports of torture and ill-treatment years, remained unknown. They included were apparently discontinued. However, Buddhist, Protestant and Roman Catholic there were no firm indications that torture clergy, former members of parliament, and ill-treatment had ceased to be used by lawyers, teachers and students arrested police officers or as a form of discipline in for their political or religious beliefs and "re-education" camps (see Amnesty Inter­ activities. Some of them were arrested national Report 1990). after the collapse of the RVN Government Death sentences were rarely reported. In in 1975. Among them were Nguyen Khac June the official army newspaper, Quan Chinh, a lawyer, and Truong Tuy Ba, a Doi Nhan Dan, reported that in the previ­ 72-year-old businesswoman. ous six months, during which an official In September the government declared crime suppression drive had been in an amnesty for around 700 prisoners on the progress, six people had been sentenced to occasion of the country's National Day, but death. No other details were published and the names of the released prisoners were there were no reports of executions. not made public and it was not clear In February Amnesty International pub­ whether they included political prisoners. lished a report, Viet Nam: "Renovation " Attempting to leave the country without (doi moil, the Law and Human Rights in official permission remained a crime under the 1980s, which was partly based on the Articles 85, 88 and 89 of the Criminal visit in May 1989 of an Amnesty Interna­ Code. Anyone arrested for attempted "ille­ tional delegation to Viet Nam. While wel­ gal departure" may be detained without coming official moves to protect human trial or charged under the Criminal Code. rights, the report provided details of the There was no information about arrests of organization's concerns in Viet Nam, people attempting to leave the country ille­ including the continued detention without gally during the year. In March the Viet­ charge or trial of political prisoners, namese media reported on the trial of 20 including prisoners of conscience; the people, including five police officers, imprisonment of prisoners of conscience accused of organizing the illegal departure on ill-defined charges of endangering of some 1,000 people on payment of gold national security; trials of political prison­ between September 1984 and March 1989. ers that fell far short of international stan­ On 11 March the Ben Tre Provincial dards; reports of torture and ill-treatment; People's Court sentenced Phan Van Thanh, and the use of the death penalty. The the leader of the group, to 20 years' impris­ report was sent to the Vietnamese author­ onment and his accomplices to jail terms ities with a request for their comments. ranging from three to 18 years. Lam Thi In March the Vietnamese Government Tuyet and her fi ve children, who had been replied that it had taken a series of meas­ detained without trial since February 1989 ures "aimed at better guaranteeing the for attempting to leave the country by boal, enjoyment of human rights and fundamen­ were reportedly released in April 1990. tal freedoms", and said that most of those Political trials apparently continued sent for "rc-education" had been released. with restricted rights lo defence, contrary The government also said that national to the provisions of the Criminal Procedure security regulations did not hinder or Code introduced in 1989. Little inform­ restrict civil rights and that public trials ation about such trials was available, al­ and the right to legal defence were guaran­ though some d tails were received about a teed by the Constitution and the Criminal VI ET NAM/YEMEN

Code. It denied that there were any prison­ suspected political opponents, including 249 ers of conscience in Viet Nam, saying that possible prisoners of conscience. Released some intellectuals had been imprisoned for detainees alleged torture and ill-treatment violating the Criminal Code but not for in both the former POKY and YAK. The cases their ideology or beliefs. The authorities of 50 people who "disappeared" in the said that people responsible for torturing or POKY and YAK in previous years remained ill-treating prisoners would be brought to unresolved. Unconfirmed reports were trial and that the death penalty was received of three extrajudicial executions applied only in cases of serious crime as in the YAK. At least two death sentences Viet Nam supports the long-term objective were carried out in the YAK. Since of abolishing the death penalty. unification no death sentences were In a memorandum sent to the Viet­ known to have been ratified by the Presi­ namese authorities in June, Amnesty dential Council, which commuted eight International welcomed the government's death sentences in November. comments but urged it to address urgently two aspects of Vietnamese law relating to human rights - legislation which appears to contravene international human rights standards, and discrepancies between the principles embodied in the legislation and their interpretation in practice. The organ­ ization appealed to the government to demonstrate that the human rights of its citizens were protected in practice, and to release those imprisoned for the peaceful expression of their beliefs or for their legiti­ mate political or religious activities. The memorandum also referred to the detention in April and May of nine known or sus­ pected government critics. In July Viet­ namese officials said that two of the nine Following unification, a Presidential had not been detained. This statement Council was set up to oversee the executive could not be independently verified. The functions of the state during a 3D-month officials did not clarify the situation of the transitional period, leading up to general other seven detainees. elections. General 'Ali 'Abdullah Saleh, In August in an oral statement to the previously President of the YAR, became its United Nations Sub-Commission on Pre­ Chairman, and 'Ali Salim al-Bidh, previ­ vention of Discrimination and Protection of ously General Secretary of the Central Minorities, Amnesty International includ­ Committee of the Yemeni Socialist Party of ed a reference to prisoners of conscience the PORY, became its Vice-Chairman. The being detained in Viet Nam on grounds of parliaments of the former PDRY and YAR allegedly endangering national se urity. merged and approved a new constitution. Yemen's new constitution guarantees civil and political rights, and prohibits the use of "inhuman methods" of punishment YEMEN and the promulgation of laws allowing such practices. In accordance with the In May the People's Democratic Republic Unity Agreement, the Republic of Yemen of Yemen (POKY) and the Yemen Arab became a State Party to the International Republic (YAK) united to fo rm a single state Covenant on Civil and Political Rights. - the Republic of Yemen. All known pol­ In December the Presidential Council itical detainees and prisoners arrested in approved the government's decision to 1990 and in previous years in the POKY accede to the United Nations (UN) Conven­ were released prior to unification. In the tion against Torture and Other Cruel, YAK, one prisoner of conscience was Inhuman or Degrading Treatment or Pun­ released in January; it was not possible to ishment, and confirmed the decision taken confirm the release or continued detention in January by the Joint Council of Ministers of one other prisoner of conscience and 25 to abolish the use of shackles in prisons. YEMEN

250 Starting in May. the Parliament debated of another prisoner of conscience, 'Ayesh draft laws concerning freedom of the press 'Ali 'Ubad, who was only 12 years old and the judicial system. The Press Law was when he was arrested in 1987 (sce pas cd in December. Amnesty InternationalReport 1990). and of Between January and May. the author­ 25 other detainees, was unclear at the end ities in the "DRY released 20 possible pris­ of 1990. The 25. who included possible oners of conscience who had been held prisoners of conscience, were all suspected without trial. They included 11 suspected supporters of the prohibited National members of the previously banned al­ Democratic Front (NOF) who had been Ikhwan al-Muslimun. Muslim Brothers. arrested between 1984 and 1988 (see arrested in February 1988; seven suspected Amnesty Internotional Report 1990). supporters of former president 'Ali Nasser New allegations of torture and ill-treat­ Muhammad, who were arrested in March ment of prisoners in previous years in both 1989; and Sa'id Aghbari and Muhammad former Yemeni states were received in Saleh al-Hammati, suspected government 1990. Abmad Nasser al-Fadhli, a Yemeni opponen ts arrested in 1987 and 1986 Socialist Party official who had been held respectively (see Amnesty International in solitary confinement at al-Fateh deten­ Reports 1989 and 1990). tion centre in Aden for over six months fol­ In January the government of the then lowing his arrest in January 1988, was PDRY released 33 other political prisoners in reportedly beaten all over his body, an amnesty. They had been convicted in deprived of sleep for three days and forced connection with events in 1986 and 1989 to stand for 48 hours. 'Ali Muhammad of supporting former president 'Ali Nasser Nu'man, a trade unionist who had been Muhammad who had been ousted in 1986 held incommunicado and in solitary con­ (see Amnesty International Reports 1987 to finement in the YAR for six years up to 1989 1990). (see Amnesty International Report 1990), In March between 100 and 150 people said he had been tortured throughout his were arrested following demonstrations detention. He was held at al-Amn al­ reportedly organized by Islamic groups in Watani (National Security) detention cen­ Aden and al-Mukalla in the then PDRY. The tres in Ta'iz and al-Hadda, where he was demonstrators, who included male and reportedly beaten all over his body with female students, reportedly called for the metal cables, confined for one year in a segregation of the sexes and the compulso­ small cell, and kept permanently shackled. ry wearing of the hijab (veil) in schools. In January the Joint Council of Ministers The majority of arrests took place in Aden abolished the use of shackles in the YAR. on 20 March. Most of those detained were This ruling was confirmed by the govern­ released the same day; five were released ment of the Republic of Yemen in Novem­ uncharged 10 days later. In al-Mukalla, 13 ber. However, shackles were said to be still people were arrested on 24 March after a in use, including in prisons in Ta'iz and similar demonstration. Nine of them were Sana'a, at the end of 1990. released uncharged several days later. The The cases of 50 political detainees who four others were initially held at the State "disappeared" after arrest between 1967 Security Detention Centre in al-Mukalla and 1986 in the PDRY and YAR remained and later at the Central Prison of the Gov­ unresolved. Among them were magistrates, ernorate of Hadhramawt. One of the engineers, army officers and senior state detainees, Muhsin 'Ali Ba Surra, an agri­ officials (see Amnesty International Reports cultural engineer, was arrested by State 1981, 1982, 1983, 1987, 1989 and 1990). In Security officials while making inquiries some cases, the relatives of such detainees about his brother who had been detained had themselves been arrested and had earlier in connection with the al-Mukalla "disappeared" after making inquiries about demonstration. By the end of April all of the fate of their fa mily members. them had been released. Three people were reportedly extra­ In the then YAR, 'Abdo Fari' al-'Ubad, a judicially executed in the YAR in March prisoner of conscience who was only 16 because they were suspected of causing an years old when he was arrested in October explosion at the Grand Mosque in Sana'a. 1989, was released uncharged in January. At least two people convicted of murder He had been detained because of his in the YAR and whose sentences were father's politi al activities. The situation ratified before unification, were executed YEMEN;YUGOSLAVIA during the year. At least 14 other death science. Of the 25 suspected NO!' members 251 sentences were pending ratification by the whose cases were raised in Amnesty Inter­ Presidential Council at the end of 1990. In national's memorandum, the government November eight members of the fo rmer Nor said that six had been released, three were who had been sentenced to death by the to be released by the end of the year, six YAR authorities in 1985 (see Amnesty Inter­ had been tried and sentenced for criminal national Report 1990) were given offences, and that it had no information on clemency. the remaining 10. The government asserted The scheduled execution of Hassan that allegations of torture were inaccurate, Yussif al-Bishri, a former soldier in the YAR and that the deaths in custody referred to army who had been sentenced to death by Amnesty International had resulted for murder in 1986, was postponed in from natural causes. Regarding "disappear­ November. His trial was allegedly marked ances" and extrajudicial executions, the by procedural irregularities, including the government attributed such violatiOnS in refusal of the court to allow at least one the former PORY to "the regrettable events of prosecution witness to retract the state­ January 1986". Of the 17 "disappearance" ments he had made against the defendant. cases in the former YAR, the government An Amnesty International delegation said fo ur had been released, one had died visited the Republic of Yemen in Novem­ in custody of natural cau es and that it had ber at the invitation of the government, and no information on the 12 other cases, met the Chairman and Vice-Chairman of including that of the former minister the Presidential Council and other minis­ Colonel Sultan Amin al-Qirshi. The gov­ ters and officials. The organization wel­ ernment also said that killings of suspected comed the releases of political prisoners in political opponents in the former YAR had the fo rmer PORY and submitted a memoran­ resulted from acts of vengeance by individ­ dum to the unity government summarizing ual citizens. It denied the extrajudicial Amnesty International's outstanding con­ execution of three people in March. cerns in Yemen. It sought clarification of At the end of the year, Amnesty Interna­ the cases of 25 members of the former NO!' tional was seeking further clarification on arrested between 1984 and 1988, and of the all of these concerns. fate of 50 suspected political opponents who "disappeared" in detention between 1967 and 1986. The organization requested details of the trial proceedings in the cases YUGOSLAVIA of seven people arrested in 1987 on charges of sabotage (see Amnesty International Report 1990). Amnesty International reiter­ ated its request for an investigation into the deaths in custody in the past two years of seven political detainees. It called for the establishment of a judiCial review into the legal proceedings in the cases of Hassan al­ Bishri and eight members of the former NO!' who had been .under sentence of death, urged that no further death sentences be ratified and appealed for the commutation of all current death sentences. The organiz­ ation also sought confirmation of the reported extrajudicial execution in March of three people in Sana'a. Amnesty Interna­ tional urged the government to accede to Over 1,000 ethnic Albanians were the UN Convention against Torture and imprisoned in Kosovo province for up to Other Cruel, Inhuman or Degrading Treat­ 60 days for going on strike or for peaceful­ ment or Punishment. ly expressing nationalist sentiments. The In its response in December, the govern­ number of prisoners of conscience serving ment denied holding any political prison­ long terms of imprisonment decreased ers. It stated that it had no information significantly as a result of pardons, early on 'Ayesh 'Ali 'Ubad, a prisoner of con- releases and acquittals: by the end of the YUGOSLAVIA

252 year they numbered some 35. At least 30 of the province's population. called for ethnic Albanian demonstrators or onlook­ greater independence from Serbia, the res­ ers were killed and several hundred ignation of local political leaders and the others wounded during clashes between release of political prisoners. During the demonstrators and police. It was alleged clashes at least 30 ethnic Albanians died that the police had used excessive and and several hundred others, including indiscriminate force. There were many police officers, were injured. An investiga­ allegations that police had beaten and tion carried out by police and judicial otherwise ill-treated people under arrest. investigators claimed in a report in March Conditions in some prisons were said to be that in almost all cases police officers had harsh. At least fo ur people were sentenced resorted to firearms only after being shot at to death for murder, but no executions by demonstrators. It stated that the police were reported. had used firearms improperly in only two Numerous opposition parties were incidents. and that the circumstances of legally established throughout the country four other deaths required further clari­ and by the end of the year multi-party elec­ fication. However, the report cited one tions had taken place in all six republics. incident in which police officers had used Nationalist parties won four of these elec­ firearms although demonstrators had not tions. while communists retained power in fired at them. According to the report, on Serbia (where they were renamed social­ 31 January demonstrators in Ko§are village ists) and in Montenegro. Slovenia and erected barricades and were throwing Croatia demanded that Yugoslavia cease to stones at police. After other "physical and be a federation and become a confederation chemical methods" had fa iled to restore of states. Ethnic conflict intensified in order. police officers fired shots, allegedly Kosovo province; in July the Serbian par­ into the air, killing 15-year-old Bekim liament suspended the Kosovo parliament Sejdiu. and government after ethnic Albanian Unofficial sources alleged that there members of the Kosovo parliament dec­ were other incidents in which the police lared Kosovo independent of the republic shot and killed people who had not fired of Serbia. Thousands of ethnic Albanians on them. On 29 January Rexhep Aliu was who refused to declare their approval for killed by stray police bullets outside his these measures lost their jobs, and the garage on the outskirts of Uro§evac as main local media in the Albanian language police chased a group of fleeing demonstra­ were banned. In September Serbia adopted tors. The report stated that the officers were a new constitution which deprived its two returning fire; however, unofficial sources provinces. Kosovo and Vojvodina. of most alleged that although there was violent of their autonomy. rioting in the town at the time, there was Changes to the federal criminal code no shooting by demonstrators in the vici­ adopted in June significantly reduced the nity. On 30 January Sadri Maksuti was scope for prosecuting people for the non­ severely wounded when police fired at violent exercise of their human rights. For demonstrators in Stanovac village. A local example. Article 133. under which many human rights committee in Kosovo alleged prisoners of conscience had been impris­ that police officers subsequently dragged oned in the past for the non-violent exer­ Sadri Maksuti from a car which was taking cise of their right to freedom of expression. him to hospital, and beat him to death. was amended so as to prohibit only the The driver of the car was also reportedly advocacy of violent change to thll constitu­ beaten. tional order. Almost 600 demonstrators were sen­ In March Yugoslavia signed the first tenced and imprisoned for up to 60 days Optional Protocol to the International for their part in the protests; it was not pos­ Covenant on Civil and Political Rights; it sible to assess whether they included pris­ had not yet ratified this by the end of the oners of conscience. In mid-March the year. press reported that police had filed 2,381 Between 24 January and 3 February requests for proceedings against those who there were violent clashes between the had contravened compulsory work orders, police and ethnic Albanian demonstrators introduced under emergency measures, by in many parts of Kosovo province after eth­ striking in support of the demonstrations. nic Albanians, who form some 85 per cent Among them were 676 workers from Gole§ YUGOSLAVIA mines, 85 of whom had been sentenced to According to official sources, only two 253 between 30 and 60 days' imprisonment by political prisoners, who were not yet eligi­ 21 March. In June it was reported that pro­ ble for early release, remained in Croatian ceedings were under way against 2,597 prisons. In November the fe deral Presiden­ workers from Kosovo's Trep/::a mine alone. cy granted pardons to or dropped charges By June, 391 ethnic Albanians in Kos­ pending against 564 people; 124 of them ovo had been arrested and proceedings had were released from prison and 69 had their been initiated against 433 people for mak­ sentences reduced. ing a "V" (victory) sign to express their dis­ In April Azem Vllasi, the former presi­ agreement with official Serbian policy in dent of the Kosovo communist party, and the province - thus allegedly "disturbing 13 other ethnic Albanians were acquitted public order" and "offending the socialist by the district court of Titova Mitrovica on and patriotic sentiments of citizens". grounds of lack of evidence. They had Scores of other ethnic Albanians were sen­ been charged with "counter-revolutionary tenced during the year to up to 60 days' undermining of the social order" for having imprisonment for alleged breaches of pub­ allegedly organized or supported strikes at lic order for peacefully expressing political Stari Trg mine in February 1989 (see dissent. In July Shefqet Haziri, Ramush Amnesty International Report 1990). An Jashari and Islam Bjegova were sentenced appeal by the prosecution against the in PriStina to 30 days' imprisonment for acquittal had not been concluded by the hanging in their office a picture of Ibrahim end of 1990. Rugova, the leader of Kosovo's largest eth­ On 7 September ethnic Albanian nic Albanian opposition party. In August deputies of the suspended Kosovo assem­ Hajrullah Gorani and !lir Tollaj, respect­ bly met clandestinely and adopted a con­ ively President and Vice-President of the stitution proclaiming Kosovo a republic Union of Independent Trade Unions in within the Yugoslav federation. On 17 Kosovo, were sentenced to 60 days' impris­ September four deputies - Raif Ramabaja, onment for calling on ethnic Albanians to Nazif Matoshi, Ismail Sahiti and Fatos Pula join in a general strike in Kosovo province - were arrested and charged under Article on 3 September in protest against the dis­ 116 of the federal criminal code with hav­ missal of ethnic Albanians from their jobs. ing aimed to unconstitutionally change In October Qazim Kovac;:i was sentenced to Serbia's borders and proclaim Kosovo 45 days' imprisonment by a court in Mon­ province a republic. The Serbian assembly tenegro for selling a book about the ethnic revoked their parliamentary immunity Albanian writer Adem Demac;:i and an from prosecution. However, on 25 October Albanian-language magazine. the Supreme Court of Kosovo ordered their In April the federal Pre idency released release. On 21 September similar charges 108 political prisoners and reduced the had been brought against Agim Mala, the sentences of 115 others. Among the pris­ former director of Pristina television, and oners of conscience released was Adem six former Kosovo government officials, Demac;:i, whose 15-year prison sentence, including Prime Minister Jusuf Zejnullahu his third for political offences, was due to and Secretary of the Interior Jusuf expire in October. Officials stated in May Karakushi. Most of them were outside that 190 political prisoners were still serv­ Kosovo at the time, but two - Seladin Skeja ing sentences, including 160 ethnic Albani­ and Leke Vuksani - were arrested. Zenun ans. Further releases followed: in May the �elaj, a journalist and human rights federal Assembly granted an amnesty to all activist. was arrested on 27 September and those prosecuted or convicted fo r "hostile charged under Article 116 for writing and propaganda" or "damaging the reputation publishing a report on the meeting of 7 of Yugoslavia" (under Articles 133 and September; he was released on 27 October. 157). Press reports stated that there were None of these men was accused of having only two prisoners s rving sentences im­ used or advocated violence, but investiga­ posed under Article 133 at the time, but tion proceedings continued against all of did not make clear how many were serving them. sentences imposed under Article 157. In In April the Serbian authorities took June the Croatian Presidency released over policing in Kosovo province. Frequent early on parole 37 political prisoners; the reports continued to be received of police majority of them were ethnic Albanians. beating or otherwise ill-treating ethnic YUGOSLAVIA/ZAIRE

254 Albanians in detention. For example, on 1 (see Amnesty International Report 1990). May, as large crowds were leaving a village Twelve other prison guards were acquitted. near Decani after a ceremony marking the In March Xhafer Kurteshi and Rifet end of a traditional blood feud, the police Hajric, both convicted of murder and rape, reportedly forced several dozen young were sentenced to death. Two people were people to get out of their cars after some sentenced to death for murder; Milan people had made a "V" sign. The young Tanic in April and Fikret Fehric in Decem­ people were beaten and taken to a local ber. No executions were reported. On 21 police station. Two of them, Lutfi Gashi December a new constitution adopted in and Sevdali Sherifi, were later taken with Croatia abolished the death penalty. injuries to a local medical clinic where two In May an Amnesty International dele­ police officers treated them after expelling gation met federal and Serbian officials in the doctor on duty. On 18 May police Belgrade, discussed the organizat ion's con­ allegedly stopped Bashkim Gerlica from cerns in Yugoslavia and were informed PriStina and asked for his papers. When about forthcoming legislative changes. In they found in his possession a photograph November the organization sent a memo­ of Anton <;:etta, who had taken a leading randum to the authorities in which it wel­ part in a campaign to end blood feuds, they comed certain legal reforms, but urged the reportedly took him to a local police sta­ release of all prisoners of conscience and tion, beat him and forced him to swallow expressed concern about allegations of his engagement ring. On 23 July Xhevdat police abuses in Kosovo province. It called Sadiku from Gnjilane was arrested and on the government to initiate an indepen­ taken to a police station after police officers dent investigation into the deaths of saw a photograph of Ibrahim Rugova in his demonstrators in January and February and shop window. He was reportedly beaten so to ensure that security forces operated in badly in ustody that he was admitted to accordance with internationally recognized hospital in Pri�tina on 24 July. On his dis­ norms. charge four days later, he was issued with a medical certificate stating that he had suf­ fe red injuries to his head and body and that blood had been found in his urine. ZAIRE Many similar incidents were reported in subsequent months. There were also reports of police viol­ ence in several incidents which took place outside Kosovo. On 13 June police officers reportedly beat a number of demonstrators who had gathered outside Belgrade televi­ sion studios in a peaceful protest against editorial policy. Among those injured were Dragoljub Micunovic, a leader of a Serbian opposition party, and LjubiSa Mitic, whose collar bone was broken. In September the Bar Association of Macedonia appealed for the release of non­ violent political prisoners. They stated that conditions at Idrizovo prison in Macedonia were poor and that punitive measures More than 100 government opponents taken against prisoners on an almost daily were arrested and held without charge, basis had provoked a revolt by prisoners in including prisoners of conscience, but October. Conditions in Stara Gradiska most were released by the end of the year. prison in Croatia and Zenica prison in Many were beaten at the time of arrest, Bosnia-Hercegovina were described by and two were said to have died as a result. former prisoners as harsh. In February a Up to a dozen students were reportedly court in Vranje sentenced four prison killed in an attack in which the security guards to thr e months' imprisonment fo rces were implicated: at least 11 officials each on charges of having beaten 18 eth­ were arrested after a preliminary inquiry nic Albanian detainees in March 1989 but the government did not respond to ZAIRE calls fo r a further inquiry. At least 24 However, banishment orders imposed in 255 people remained under sentence of death 1987 on two high-ranking army officers, but no executions were reported. General Mukobo Mundende Popolo and In April President Mobutu Sese Seko Major Kayembe Mbandonkulu. apparently announced that Zaire would cease to b . a remained in force. onc-party state and that two new political More than 100 suspected or known sup­ parties and independent trade unions porters of the lJIJI'S and other political would be permitted. The ruling party - groups were detained during the year for renam d in July th Mouvement populaire short periods without referral to judicial pour le renouveau (MPR). Popular Move­ authorities. Omene Samba was rearrested ment fo r Renewal - had been the only (see Amnesty International Report 1990) in political party permitted by law since Pres­ January, together with dozens of other ident Mobutu took power in 1965. A new members or supporters of the UDPS, the day constitution was adopted by the National before a planned pro-democracy demon­ Assembly in July, which eliminated refer­ stration in the capital, Kinshasa. They were ' ences to the MPR S dominant role in govern­ all released within several weeks. ment, and dozens of new political parties At least 14 other UDPS members were w re fo rmed before the end of the year. detained in April after members of the In April President Mobutu said that the security fo rces violently broke up a lIOI'S security forces were to become apolitical meeting at a house in Kinshasa. Two of and in May the government's National those present - Denis Mwamba and Bwala Security Council announced that adminis­ Bwala - were said to have died as a result trative and incommunicado detention and of injuries they sustained during the inci­ internal banishment would no longer be dent, in which dozens of others were used. The National Security Council said wounded. Those arrested were released that security service detention centres after a few days. would be used only to detain suspects for At least six journalists were also short periods fo r questioning. In August detained for short periods either because of th national security service was renamed their contact with Tshisek di wa Mulumba the Service national d'intelligence et de or because they wrote articles critical of the protection (SNIP). National Intelligence and government. Protection Service. Despite these develop­ Government opponents still held at the ments, however, the security services con­ end of the year included Digekisa Piluka, a tinued to carry out unlawful arrests and Roman Catholic friar and student leader at detentions. Lubumbashi University. He was arrested in Tshisekedi wa Mulumba, leader of May apparently in connection with unrest Union pour la democratie et le progres at the university and possibly because he social (UDPS), Union for Democracy and tried to publicize an incident at the univer­ Social Progress, an unauthorized opposi­ sity on 11 May in which a number of stu­ tion party, was released. He had been dents were killed. About 30 other students under house arrest since March 1989 (s e arrested in connection with demonstra­ Amnesty International Report 1990). Most tions in Lubumbashi and Kinshasa were other prisoners of conscience were released also believed to be held with him at either after the announcement of political Makala prison in Kinshasa at the end of reforms in April, or after the National 1990. It was unclear whether a pre-trial curity Council announced in May that judicial investigation of their cases had all uncharged political prisoners were to be begun. freed. They included Albert Mola and Other government critics arrested dur­ Philippe Mamonekene, two members of ing the year included Ekongo Odimba and Tshisekedi wa Mulumba's household arres­ at least three other members of the ted in July 1989. In May Kabongo Ntambwa Mouvement nationol congolais-Lumumba (s e Amnesty International Report 1990) (MNC-L), Congolese National Movement­ had restrictions on his freedom of mov ,­ Lumumba wing, who were arrested while ment lifted. In July Tshitshinga Kanyinda demonstrating peacefully in Kinshasa in and three other political prisoners sen­ July. They were held incommunicado tenced after an unfair trial in 1987 (see for several w eks and then released Amnesty In �ernational Report 1988) were uncharged. At least 15 members of the fr ed as a result of a presidential amnesty. Parti lumumbiste unifie (PALU), Unified ZAIRE/ZAMBIA

256 Lumumbist Party, were arrested while and urged that those responsible for the demonstrating peacefully in Kinshasa in killings be brought to justice. October. They were released in November. The Ministry for the Citizen's Rights In both cases, those arrested were held by and Freedoms told Amnesty International the security forces without having their that government officials had been arrested cases referred to the procuracy. and would be prosecuted in connection Some political arrests were accompa­ with the attack. However, the ministry, nied by violence on the part of the security which has a responsibility to investigate forces. In July at least 12 UDPS members alleged human rights abuses, rarely res­ who were arrested at a meeting in Kin­ ponded to other appeals or inquiries made shasa's Kimbaseke district were beaten and by Amnesty International. In September two women among them were said to have Amnesty International published a report, been raped. All of them were released The Republic of Zoire: Outside the Law - before the end of the month. Security Force Repression of Government In May there were reports that up to a Opponents, 1988-1990, which described dozen students were killed during a night the organization's concerns about political raid at Lubumbashi University campus by imprisonment, security force violence and the security forces. Soldiers dressed in other abuses. The report included recom­ civilian clothes were said to have attacked mendations to the government regarding the students; some sources suggested that measures needed to protect human rights. between 50 and 150 students were killed and hundreds of others injured, but there was no independent evidence to support such estimates. The raid occurred after ZAMBIA three students accused of being govern­ ment informers were severely assaulted by other students. The government initially denied any responsibility for the killings. However, a parliamentary inquiry accused the governor of Shaba region and at least 10 other government and security officials in Lubumbashi of complicity in the attack and of failing to prevent it. The 11 officials were arrested but had not been tried by the end of the year. The inquiry did not estab­ lish how many students had been killed or injured, nor the identities of their attackers, and it recommended that a further, more thorough inquiry be carried out. The gov­ ernment maintained that only one student had died and did not order another Suspected government opponents were inquiry. detained without charge or trial fo r peri­ Twenty-four people convicted of mur­ ods ranging from a fe w days to over one der and robbery in September and October month and hundreds of people were 1989, and an unknown number of other reportedly beaten at the time of arrest dur­ prisoners, remained under sentence of ing riots in June. However, all those arres­ death. Amnesty International did not learn ted and all political prisoners were of any new death sentences or executions released in an amnesty in August. At least during the year. three people were sentenced to death but Amnesty International appealed for the no executions were reported. release of prisoners of conscience, includ­ In June there were three days of violent ing those under banishment orders, and for demonstrations in Lusaka and other towns. all death sentences to be commuted. The According to official figures, 29 people organization called for a full and impartial were killed and over 150 injured. Many inquiry into the attack on students at were shot dead by police or paramilitary Lubumbashi University to establish the forces while looting or breaking the number and identity of those killed and the curfew imposed by the authorities. Some nature and extent of official complicity, were said to have been the victims of ZAM81A/ZIMBABWE

indiscriminate shooting by the security including former army commander Lieu­ 257 forces. Other people were reportedly tenant-General Christon Tembo and three beaten and arrested. other army officers charged with treason Shortly after the rioting. President Ken­ (see Amnesty International Report 1989). neth Kaunda survived an apparent coup Their trial had begun in January but had attempt. Six soldiers and one civilian were not been completed. Former High Court arrested and held until August before being commissioner Edward Shamwan a and released in a government amnesty. three others convicted of treason in 1983 Following the riots. the Movement for were also released. Originally sentenced to Multi-Party Democracy (MMD) was formed death. their sentences were commuted to to campaign for an end to the one-party life imprisonment in 1986 after interna­ state. The government initially resisted tional appeals for clemency (see Amnesty this demand. However. in September International Reports 1983 to 1987). it announced that multi-party elections As campaigning to promote multi-party would be held in 1991 and amended elections intensified. Frederick Chiluba. the Constitution to allow political parties the Vice-Chairman of the MMD. and eight other than the ruling United National local government officials were arrested in Independence Party. Choma in October. They were charged with The Penal Code was amended in June to holding an unauthorized meeting before allow the courts discretion when senten­ being released on bail. Their case had not cing prisoners convicted of murder. which been heard by the end of the year. had previously carried a mandatory death At least three people were sentenced to sentence. However. there appeared to be no death for murder but there were no reports provision for a review of existing death of executions. sentences which had been imposed for Amnesty International appealed for the murder. At least 200 prisoners who had release of prisoners of con cience and received the mandatory death sentence expressed concern about alleged beatings for murder were believed to be awaiting in custody. execution. More than 40 suspected government opponents were arrested in the wake of the riots. They included 32 University of ZIMBABWE Zambia students who were arrested in a dawn raid on the university campus the day after the riots had ended. some of whom were reportedly beaten at the time of their arrest. ix other students were arrested a few days later. All 38 were detain d under the Preservation of Public Security Regulations. which permit indefinite detention without charge or trial. until August. They were then released in the amnesty granted by the government to alleged rioter . curfew-breakers and others. All 38 students were prisoners of conscience. Others arrested for political reasons included Step hen Mukata, the kana Branch Chairman of the Union of Mine­ Several critics or opponents of the govern­ workers, and Peter Chiko Bwalva, a fo rmer ment were briefly detained without charge long-term political detainee. Stephen or trial; two were allegedly assaulted by Mukata was released uncharged after a few intelligence officers. However. all long­ days. Peter Chiko Bwalya was eventually term political detainees were released charg cl in connection with an illegal before the state of emergency was lifted in demonstration, fined and released in July and dozens of sentenced political August. prisoners were freed in an amnesty. They The August amnesty also resulted in included over 50 prisoners who had been the release of other political prisoners, under sentence of death. At least three ZIMBABWE

258 other people were sentenced to death dur­ In April Paul Razika, Patrick Kombayi's ing 1990 but no executions were reported. election agent who had been with him at There was continuing insecurity along the time of the shooting, was arrested and the eastern border owing to incursions held without charge or trial fo r 20 days. He and killings by guerrillas fighting the was rearrested in May with three other ZUM Mozambican Government. The national activists: they w re accused by the author­ state of emergency which had been in ities of recruiting people for military train­ force continuously since 1965 was lifted in ing in South Africa. All four, however, July. As a result, the Emergency Powers were released uncharged within two (Maintenance of Law and Order) Regula­ weeks. They appeared to be prisoners of tions, which had provided for indefinite conscience. detention without charge or trial, were Newman Ndlela. a defeated ZUM candi­ withdrawn; all untried political detainees, date, was also briefly detained in April. He totalling at least eight, were released shor­ was moved from place to place by police in tly after. In July the government also Bulawayo, apparently to deny him access declared an amnesty for criminal prisoners, to his lawyer before he had made a state­ among them armed opponents of the gov­ ment and been brought to court. He was ernment and prisoners serving sentences released on bail the day after he was for human rights abuses committed in the charged with illegal possession of arms of early 1980s in Matabeleland. A committee war, a charge which arose from possession set up to review cases had authorized the of a gun in the early 1980s. In July the case release of 1,400 people, most of them petty against him was dropped. criminal offenders, by November. Five student leaders were arrested in In October the Supreme Court d clared October fo llowing demonstrations by stu­ solitary confinement to be inhuman or dents in Harare against legislative changes degrading, and therefore unconstitutional. by the government which placed the uni­ A similar ruling was expected to be made versity more directly under the control of in November in relation to hanging, there­ its Vice-Chan eUor and the Minister of by effectively abolishing the death penalty, Higher Education. This fo llowed previous fo llowing an appeal to the Supreme Court student unrest in 1989, which had resulted by Douglas Chitiza, a soldier sentenced to in arrests (sce Amnesty International death for murder. The app al was not Report 1990). The five students were held heard but Douglas Chitiza was released without charge fo r a few days and then the day before it was due. However, the released. government introduced legislation in Two detainees alleged that they were December to amend the Constitution so as beaten in custody. Kembo Dube Bango and to provide that neither hanging as a Soft Nhari, both WM activists, said they method of execution, nor corporal pun­ were ill-treated for 24 hours by CIO officers ishment for male juveniles (which the while held at Stops amp, an interrogation Supreme Court had declared unconstitu­ centre within Mzilikazi police station in tional in 1989) could be challenged on the Bulawayo. grounds that they constitute inhuman or The amnesty declared by the govern­ degrading punishment. ment resulted in the release of more than Several opposition activists were arres­ 50 former government opponents under ted fo llowing elections in March which sentence of death. Most had been sen­ saw the ruling Zimbabwe African National tenced for murder and other violent crimes Union - Patriotic Front (ZANlI-PF) headed committed in Matabcleland in the early by Robert Mugabe returned to offic with 1980s. an overwhelming majority. Before the elec­ At least thr e people were convicted of tion, Patrick Kombayi, a candidate for the murder and sentenced to death during opposition Zimbabwe Unity Movement 1990 and the Supreme Court confirmed (ZUM), was shot and seriously injured in one death sentence imposed for murder suspicious circumstances. There were alle­ and rape. However, no executions were gations that members of the government's known to have been carried out. Central Intelligence Organization (CIO) were Amnesty International appealed for the involved, although this could not be release of Paul Razika and other prisoners confirmed. Those responsible for the shoot­ of conscience and urg d an official inves­ ing escaped arrest. tigation into the shooting of Patrick ZIMBABWE

Kombayi. Amnesty International also 259 expressed concern to the government about its amendment of the Constitution to fP-tain hanging and reintroduce whipping as a punishment for male juveniles. The organ­ ization urged that steps be taken to abolish the death penalty.

APPENDICES

J APPENDIX I

262 AMNESTY INTERNATIONAL VISITS BETWEEN 1 JANUARY AND 31 DECEMBER 1990

DATE COUNTRY PURPOSE DELEGATEIS) January Romania Research - Two staff members of International Secretariat January United Kingdom Observe court hearing - Staff member of International Secretariat January/February Morocco Research - Two staff members of International Secretariat ,anuary/February Namibia Research - Two staff members of International Secretariat February Uganda Research/Discuss Amnesty - Two staff members of International International's concerns with Secretariat government authorities February Denmark Trial observation - Per Stadig (Sweden) February Morocco Discuss Amnesty - Peter Duffy (International International's concerns with Executive Committee) government authorities - Alain Faure (France) - Staff member of International Secretariat February/March Trinidad, Research/Discuss Amnesty - Two staff members of Barbados, International's concerns with International Secretariat Bahamas government authorities February/March Bulgaria ResearchlDiscuss Amnesty - Dick Onsting (Netherlands) International's concerns with - Staff member of International government authorities Secretariat March Jordan Discuss Amnesty International's - Secretary General of Amnesty concerns with International government authorities - Zaki Badawi (UK/Egypt) - Staff member of International Secretariat March Romania Trial observation - Nicolas Ulmer (Switzerland) March Yemen (People's Research - Staff member of International DemocraticRepublic 00 Secretariat March Norway Trial observation - Lars Adam Rehof (Denmark) ______..:______March Morocco Research/Discuss Amnesty -Two staff members of International International's concerns with Secretariat government authorities March/April Groece Trial observation - Staff member of International Secretariat April Taiwan Trial observation - Carlye Chu (Hong Kong Resident) (Republic of China) April Nepal Research/Discuss Amnesty - Stephanie Grant (UK) International's concerns with - Jorgen Thomsen (Denmark) government authorities - Staff member of International Secretariat April Brazil Research/Discuss Amnesty - Staff member of Intornational Intornational's concerns with Secretariat government authoritios April Papua New ResearchlDiscuss Amnesty - Dick Oosting (Netherlands) Guinea International's concerns with - Staff member of government authorities International Socretariat ----- April Philippinos Research - Two staff members of Intornational Secretariat April Germany (Fodoral Trial observation - Douwo Korff (Netherlands) Republic 00 APPENDIX I

DATE COUNTRY PURPOSE DELEGATE(S) 263 April South Africa Research - Paul Gallagher (Ireland) - Staff member of International SecfPtariot April Turkey Research/Trial observation - Staff momber of International Secretariat April South Africa Observe proceedings of Judicial - Staff member of International Commission of Inquiry Secretariat April/May Colombia ResearchlDiscuss Amnesty - Marta Fotsch (Switzerland) International's concerns with - Two staff members of International government authorities Secretariat April/May El Salvador Resparch/Discuss Amnesty - Three staff members of International's concerns with International Secretariat government authorities May Egypt Discuss Amnesty International's - Secretary General of Amnesty cont.;crnswith government International authorities - Rashid Bel Alouna (Tunisia) - Two staff members of Intornational Secretariat May Turkey Research - Staff member of International Secretariat �------May Yugoslavia Discuss Amnesty International's - Peter Bachr (International concerns with government Executive Committee) authorities - Stephen Owen (Canada) - Staff member of International Secretariat May USSR Research - Staff member of International Secretariat May Kuwait RcsearchlDiscuss Amnesty - Two staff membersof International International's concerns with Secretariat government authorities May Benin Research/Discuss Amnesty - Two staff members of International International's concerns with Secretariat government authorities May/June Mexico ResearchlDiscuss Amnesty - Two staffmembers of International International's concerns with Secretariat government authorities June Peru ResearchlDiscuss Amnesty - Two staff members of International International's concerns with Secretariat government authorities June Brazil Discuss Amnesty International's - Bacre Wely Ndiaye (International conCerns with government Executive Committee) authorities - Two staff members of International Secretariat June Tunisia Research - Staff member of International Secretariat June United Kingdom Research - Nanko Doornbos (Netherlands) - Staff member of International Secretariat June Greece Research - Staff member of International Secretariat Ien June/July Romania Research - Staff member of International � Secretariat ---- July South Africa Research - Staff member of International � Secretariat July/August Israel/Occupied Research/Observe Court Hearing - Two staff members of International I Territories Secretariat August Honduras Research/Discuss Amnesty - Two staff members of International International's concerns with Secretariat ! governmentAuthorities ... i ... APPENDIX I

264 DATE COUNTRY PURPOSE DELEGATE(SI

August Brazil Discuss Amnesty International's - Bacre Waly Ndiaye (International concerns with government Executive Committee) authorities - John Alderson (UK) - Two staff members of International Secretariat

August Brazil Research/Discuss Amnesty - Staff member of International International's concerns with Secretariat government authorities

August Tanzania Research - Two staff members of International Secretariat

August Turkey Research - Two staff members of International Secretariat

August/ Egypt Research - Staff member of International September Secretariat

September Guyana ResearchlDiscuss Amnesty - Bernard Si mons (UK) International's concerns with - Staff member of International government authorities Secretariat

September Ecuador Research/Discuss Amnesty - Two staff members of International International's concerns with Secretariat government authorities

September Portugal Research/Trial observation - Two staff members of International Secretariat

September USA Observe court hearing - Staff member of International Secretariat

September Grenada Trial observation - Lawrence Kershen (UK)

September Romania Discuss Amnesty International's - Peter Duffy (International concerns with government Executive Committee) authorities - Kodurayur Venkateswaran (India) - Staff member of International Secretariat

September/ Swaziland Trial observation - Daniel Nsereko (Uganda) October

September/ Suriname Research - Yvonne Nederpel (Netherlands) October - Staff member of International Secretariat

October Guatemala Discuss Amnesty International's - Rodolfo Konder (Brazil) concerns with government - Francisco OUonelli (Uruguay) authorities - Staffmember of International Secretariat

October South Korea Research/Discuss Amnesty - Paul Hoffman (USA) International's concerns with - Staffmember of International government authorities Secretariat

October Yemen Research/Discuss Amnesty - Two staff members of International (Republic 00 International's concerns with Secretariat government authorities

October Nepal Research - Evert Bloemen (Netherlands) - Staff member of International Secretariat ... October Guyana Trial observation - Gregory Denzil (Trinidad) ...= October Italy Research - Staff member of International I Secretariat October Tunisia Trial observation - Antonio Marchesi (Italy) - Staff member of International Secretaria t

October/ Israel/Occupied Trial observation - Wesley Gryk (USA) I November Territories November United Kingdom Research/Observe court hearing - Staff member of International e Secretariat I November Canada Research - Menno Kamminga (Netherlands) APPENDIX IjAPPENDIX 11

DATE COUNTRY PURPOSE DELEGATE(S) 265 Yemen Discuss Amnesty International's Secretary General of Amnesty (Republic 01') concerns with g�vornmcnt International authorities Two staff members of International Secretariat Nov"mber Greece Trial obsnrvation - Alain OUan (France)

_____ November Venezuelu _Rosearch - C.ly·do Snow (USA) ______November Turkey Trial observation Nicolas Madge (UK) Decomber United Kingdom Obsorve court hcaring - Staff member of International Secretariat December Rwanda Trial observation - David Weissbrodt (USA) -�-- Decemberl Thailand Research - Staff member of International January SecretttriLlt

APPENDIX 11

STATUTE OF AMNESTY INTERNATIONAL Articles 1 and 2

As amended by the 18th International Council meeting in Aguas de Lindoia, Brazil, 30 November to 6 December 1987

Object 1. CONSlDERING that every person has the such prisoners that do not conform to right freely to hold and to express his or internationally recognized norms; her convictions and the obligation to extend a like freedom to others, the c. opposing by all appropriate means object of AMNESTY INTERNATIONAL shall be the imposition and infliction of death to secure throughout the world the penalties and torture or other cruel, observance of the provisions of the inhuman or degrading treatment or Universal Declaration of Human Rights, punishment of prisoners or other by: detained or restricted persons a. irrespective of political whether or not they have used or considerations working toward the advocated violence. release of and providing assistance to persons who in violation of the aforesaid provisions are imprisoned, Methods detained or otherwise physically 2. In order to achieve the aforesaid object, restricted by reason of their political. AMNE TY INTERNATIONAL shall: religious or other conscientiously held beliefs or by reason of their a. at all times maintain an overall ethnic origin, sex, colour or language, balance between its activities in provided that they have not used or relation to countries adhering to the advocated violence (hereinafter different world political ideologies referred to as "prisoners of and groupings; conscience"); b. promote as appears appropriate the b. opposing by all appropriate means adoption of constitutions. the detention of any prisoners of conventions, treaties and other conscience or any political prisoners measures which guarantee the rights without trial within a reasonable time contained in the provisions referred or any trial procedures relating to to in Article 1 hereof; APPENDIX 11

266 c. support and publicize the activities observers to attend the trials of such of and cooperate with international persons; organizations and agencies which work for the implementation of the i. publicize the cases of prisoners of aforesaid provisions; conscience or persons who have otherwise been subjected to d. take all necessary steps to establish disabilities in violation of the an effective organization of sections, aforesaid provisions; affiliated groups and individual members; j. investigate and publicize the disappearance of persons where there e. secure the adoption by groups of is reason to believe that they may be members or supporters of individual victims of violations of the rights set prisoners of conscience or entrust to out in Article 1 hereof; such groups other tasks in support of the object set out in Article 1; k. oppose the sending of persons from one country to another where they f. provide financial and other reliefto can reasonably be expected to prisoners of conscience and their become prisoners of conscience or to dependants and to persons who have face torture or the death penalty; lately been prisoners of conscience or who might reasonably be expected to l. send investigators, where be prisoners of conscience or to appropriate, to investigate allegations become prisoners of conscience if that the rights of individuals under convicted or if they were to return to the aforesaid provisions have been their own countries, to the violated or threatened; dependants of such persons and to victims of torture in need of medical m. make representations to international care as a direct result thereof; organizations and to governments whenever it appears that an g. work for the improvement of individual is a prisoner of conscience conditions for prisoners of or has otherwise been subjected to conscience and political prisoners; disabilities in violation of the aforesaid provisions; h. provide legal aid, where necessary and possible, to prisoners of n. promote and support the granting of conscience and to persons who might general amnesties of which the reasonably be expected to be beneficiaries will include prisoners of prisoners of conscience or to become conscience; prisoners of conscience if convicted or if they were to return to their own o. adopt any other appropriate methods countries, and, where desirable, send for the securing of its object.

The full text of the Statute of Amnesty International is available freeupon request from: Amnesty International, International Secretariat, 1 Easton Street, London WC1X 801, s: United Kingdom .

... I I i � I APPENDIX III

267 AMNESTY INTERNATIONAL NEWS RELEASES 1990

3 January 23 February Amnesty International fears that killings of Amnesty International calls for release of Palestinians by Israeli forces were prisoners of conscience and inquiry into condoned and even encouraged by the reported torture in South Korea government 1 March 9 January Amnesty International cites torture reports Amnesty International cites ill-treatment of in apparent crackdown on Shi'a Muslims detainees by Austrian police in Kuwait 11 January 7 March Human rights abused in Saudi Arabia - Secrecy over gross abuses in Chad - most victims are Shi'a Muslims, says Amnesty International fears for fate of Amnesty International hundreds of political prisoners 15 January 12 March Vieblamese asylum-seekers denied basic Amnesty International appeals to Iraqi rights by Hong Kong and United Kingdom, says Amnesty International President to spare life of British-based journalist 17 January Human rights abuses in South Korea 15 March reverse two years of positive trends, says Amnesty International condemns Amnesty International execution of journalist in Iraq 18 January 16 March Sri Lanka: Amnesty International rejects Moroccan Government orders Amnesty "terrorist" label International delegates to leave 25 January 21 March Urgent reforms needed to protect Somali Amnesty International calls on Peru's citizens against human rights abuses, says presidential candidates to address human Amnesty International rights issues 2 February 22 March Amnesty International welcomes Amnesty International asks Taiwanese announcement by South Africa'sPresident authorities to release Cheung Ki-Lok de Klerk on suspension of executions unconditionally 5 February 28 March India: Amnesty International calls for an Amnesty International urges inquiry into investigation into killings Argentine human rights abuses 15 February 9 April Human rights violations in Sri Lanka Human rights activists attacked in reached unprecedented levels in 1989, says Amnesty International Guatemala - Amnesty International reports growing violence 20 February Amnesty International calls on King 11 April Hassan II to cnd human rights abuses in Amnesty International urges Indian Morocco authorities to protect human rights after killing of hostages 21 February Human rights reforms introduced in Viet 20 April Nam, but violations continue, says Amnesty International urges Japan not to Amnesty International return hijacker to China 268\ APPENDIX2 III 4 May July Torture of political prisoners rife in Amnesty International urges release of Myanmar. reports Amnesty International detained Albanians 9 May 11 July Turkey: government fa ils to act - torture Amnesty International details in annual and human rights abuses continue report government targeting of ethnic and unabated, says Amnesty International national groups for human rights violations 16 May 13 Amnesty International calls on China to July account for pro-democracy prisoners and Hong Kong refugees screening process still publicizes names of those known to be flawed.says Amnesty International imprisoned 23 23 July May Cameroon: Amnesty Internationalappeals Human rights record improves in Pakistan, for release of prisoners after unfair trial says Amnesty International, but further 2 safeguards needed August 24 Amnesty International urges immediate May release of government critics in Iran Amnesty International calls for 3 investigation into torture of political August opponents in Senegal Amnesty lnt rnational reports Iraqi 30 government opponents arrested after May invasion of Kuwait Amnesty International calls for immediate trial or release of 26 political detainees 16 August held unlawfully for three years in Congo Prisoners of conscience are held in more than 70 countries, says Amnesty 6 June International Amnesty International calls for human rights safeguards after police torture and 17 August killings in Nepal Televised "confessions" heighten concern about prisoners in Iran, says Amnesty 7 June International Amnesty International appeals for end to 20 killings in Liberia August Amnesty International appeals to Iraqi 13 June authorities on human rights violations Amnesty International welcomes human 3 rights moves in Jordan and calls for further September safeguards Amnesty International expresses grave concern about killings by Khmer Rouge in 19 June Cambodia Amnesty International urges Brazilian Government to bring to justice police 6 September officors guilty of brutality and killings Children tortured and killed in Brazil. says 21 Amnesty International June 12 Kurdish opponents "disappear" under September

amnesties in Iraq - Amnesty International Government fa ils to curb torture in fe ars for safety of refugees in Turkey Equatorial Guinea, says Amnesty 26 International June Amnesty International says human rights 13 September abuses persist in El Salvador despite Executions in China increase dramatically government pledges in crime crackdown. says Amnesty 28 International June Amnesty Internationalreport. torture in 19 September secret centres after coup in Sudan Security forces continue to violate human APPENDIX III rights in Sri Lanka, says Amnesty 1 November 269 International Amnesty International fears hundreds of Yemenis tortured by police in Saudi 25 September Arabia Amnesty International calls for end to killings and torture of children worldwide 7 November Killings and arrests continue in military 27 September crackdown on opposition in Myanmar, Violence and unlawful detentions continue says Amnesty International in Zaire despite announcements of politi­ cal reforms, says Amnesty International 14 November Pro-democracy leaders may soon face 2 October unfair trials in China, warns Amnesty Government killings of black Mauritanians International escalate, says Amnesty International 19 November 3 October Cambodia: Amnesty International urges Iraqi forces killing and torturing Kuwaitis, strong human rights provisions in says Amnesty International settlement 9 October 21 November Amnesty International calls for immediate Amnesty International calls for investiga­ judicial inquiry into killings of tion into "disappearances" in Morocco Palestinians by Israeli forces 26 November 10 October Amnesty International reports torture and Amnesty International urges Indian killing of unarmed civilians in Papua New Government to investigate human rights Guinea violations 29 November 15 October Amnesty International reports government

Reported arrests of prisoners of conscience crackdown on opposition in Kenya - more and extrajudicial executions in Rwanda, than 20 face political trials says Amnesty International 5 December 17 October Amnesty International reports "relentless Government opponents detained and and ruthless" abuses of basic human rights tortured by Egyptian forces, says Amnesty in Iran, including hangings, torture and International jailing of critics 18 October 13 December Amnesty International calls on presidential Amnesty International says over 100 candidates for pledge on human rights in people killed in Uganda by soldiers in Guatemala 1990, and calls for immediate investigations 18 October Government opponents forcibly repatriated 14 December and held without trial in Central African Amnesty International expresses concern Republic, says Amnesty International about hundreds of remaining political prisoners in Albania 24 October Amnesty International reports alarming 19 December rise in "death squad" killings in El Amnesty International urges end to torture Salvador and killings in Iraqi-occupied Kuwait 30 October 21 December Amnesty International renews calls for Amnesty International reports that more inquiry into human rights abuses in than 300 prisoners executed at ex­ Namibia president's headquarters in Chad APPENDIX IV

270 AMNESTY INTERNATIONAL AROUND THE WORLD

There are now more than 6,000 local addition, there are individual members, Amnesty International groups in over 70 supporters and recipients of Amnesty countries around the world. In 44 countries International information (such as the these groups are coordinated by sections, monthly Amnesty InternationalNe wsletter) whose addresses are given below. In in more than 150 countries and territories.

SECTION ADDRESSES

Australia: Chile: Amnesty International, Amnistfa Internacional, Australian Section, Casilla 4062, Santiago Private Bag 23, Broadway, New South Wales 2007 Cote d'Ivoire: Amnesty International, Austria: Section de Cote d'Ivoire, Amnesty International, 04 BP 895, Abidjan 04 Austrian Section, Denmark: Wiedner Guertel 12/7, A-1040 Wien Amnesty International, Barbados: Danish Section, Dyrkoeb 3, 1166 Copenhagen K Amnesty International, Barbados Section, Ecuador: PO Box 872, Bridgetown Amnistia Internacional, Casilla 240-C, Sucursal 15, Quito Belgium: Amnesty International, Faroe Islands: Belgian Section (Flemish branch), Amnesty International, Kerkstraat 156, 2060 Antwerpen 6 Faroe Islands Section, PO Box 1075, FR-110 Torshavn Amnesty International, Belgian Section (francophone branch), Finland: 9 rue Berckmans, 1060 Bruxelles Amnesty International, Finnish Section, Bermuda: Ruoholahdenkatu 24, Amnesty International, SF-00180 Helsinki Bermuda Section, PO Box HM 2136, Hamilton HM JX France: Amnesty International, Brazil: French Section, Anistia Internacional, 4 rue de la Pierre Levee, Se\;lioBrasileira, 75553 Paris (CEDEX 11) Rua Corope 65, Federal Republic of Germany: 05426 - SlioPaulo - SP Amnesty International, Section of the FRG, Canada: Heerstrasse 178, 5300 Bonn 1 Amnesty International, Canadian Section (English-speaking Ghana: branch), Amnesty International, 130 Slater Street, Suite 900, Ghanaian Section, Ottawa, Ontario, KiP 6E2 PO Box 1173, Koforidua E.R.

Amnistie Internationale, Greece: Section canadienne (francophonebranch ), Amnesty International, 3516 ave du Pare, Greek Section, Montreal, Quebec, H2X 2H7 30 Sina Street, 106 72 Athens APPENDIX IV

Guyana: Netherlands: 271 Amnesty International, Amnesty International, Guyana Section, Dutch Section, Palm Court Building, 35 Main Street, Keizersgracht 620, 1017 ER Amsterdam Georgetown New Zealand: Hong Kong: Amnesty International, Amnesty International, New Zealand Section, Hong Kong Section, PO Box 6647, Wellington 1 Unit C, Third Floor, Best-O-Best Building, Nigeria: 32-36 Ferry Street, Kowloon Amnesty International, Nigerian Section, Iceland: PMB 59 Agodi, Ibadan, Oyo State Amnesty International, Icelandic Section, Norway: PO Box 618, 121 Reykjavik Amnesty International, Norwegian Section, India: Maridalsveien 87, 0461 Oslo 4 Amnesty International, Indian Section, Peru: clo Dateline Delhi, Amnistia Internacional, 21 North End Complex, Secci6n Peruana, Panchkuin Road, Casilla 659, Lima 18 New Delhi 110001 Portugal: Ireland: Amnistia Internacional, Amnesty International, SeC;ao Portuguesa, Irish Section, Apartado 1642, 1016 Lisboa Codex Sean MacBride House, 8 Shaw Street, Puerto Rico: Dublin 2 Amnistia Internacional, Israel: Calle Robles No. 54 Altos, Amnesty International, Apartado I, Rio Piedras, Israel Section, Puerto Rico 00925 PO Box 23003, Tel Aviv 61230 Sierra Leone: Italy: Amnesty International, Amnesty International, Sierra Leone, PMB 1021, Freetown Italian Section, viale Mazzini 146, 00195 Rome Spain: Amnesty International, Japan: Secci6n Espafiola, Amnesty International, Paseo de Recoletos 18, Japanese Section, Piso 6, 28001 Madrid Daisan-Sanbu Building 2F/3F, 2-3-22 Nishi-Waseda, Shinjuku-ku, Sweden: Tokyo 169 Amnesty International, Swedish Section, Luxembourg: Gyllenstiernsgatan 18, Amnesty International, S-115 26 Stockholm Luxembourg Section, Boite Postale 1914, Switzerland: 1019 Luxembourg Amnesty International, Swiss Section, Mexico: PO Box, CH-3001 Bern Secci6n Mexicana de Amnistia Inlernacional, Tanzania: Ap. Postal No. 20-217, San Angel, Amnesty International, CP 01000 Mexico DF Tanzanian Section, APPENDIX IV/APPENDIX V

272 National Secretariat, Uruguay: PO Box 4331, Dar es Salaam Amnistfa Internacional, Secci6n Uruguaya, Tunisia: Yi 1333 Apto. 305. Amnesty International, Montevideo Tunisian Section. Secretariat National. Venezuela: 48 Avenue Farhat Hached. 3eme Etage, Amnistfa lnternacional, 1001 Tunis Secci6n Venezolana, Apartado Postal 5110. United Kingdom: Carmelitas lOlO-A, Amnesty International, Caracas British Section, 99-119 Rosebery Avenue, London ECl R 4RE United States of America: Amnesty International of the USA (AIUSA), 322 8th Ave, New York, NY 10001

COUNTRIES WITH LOCAL AMNESTY INTERNATIONAL GROUPS BUT NO SECTION""

Algeria Egypt Papua New Guinea Argentina Hungary Philippines Aruba Jordan Poland Bangladesh Korea (Republic of) Senegal Benin Macau Taiwan Colombia Mauritius/Rodrigues Thailand Costa Rica Nepal Yugoslavia Curayao Pakistan Zambia Dominican Republic

• Amnesty International groups in Sudan and Kuwait have ceased activities following the dissolution by government decree in Sudan in July 1989 and the Iraqi invasion of Kuwait in August 1990.

APPENDIX V

INTERNATIONAL EXECUTIVE COMMITTEE

Stephen R. Abrams/United Slates of America Peter R. Baehr/Netherlands Peter Duffy/United Kingdom Anette FischerlDenmark Charles Henry/United States of America Sofia Macher/Peru Ravi air/India Bacre Waly Ndiaye/Senegal Ma1colm TigerschioldlInternational Secretariat APPENDIX VI

273 SELECTED INTERNATIONAL HUMAN RIGHTS TREATIES States which have ratified or acceded to a convention are party to the treaty and are bound to observe its provisions. States which have signed but not yet ratified have expres- sed their intention to become a party at some future date; meanwhile they are obliged to refrain from acts which would defeat the object and purpose of the treaty.

(AS OF 31 DECEMBER 1990)

International Optional Second International Convention Covenant on Protocol to Optional Covenant on against Civil and ICCPR Protocol to Economic, Torture and Political ICCPR Social and Other Cruel. Rights Aiming at Cultural Inhuman or (lCCPR) the Rights Degrad ing Abolition (lCESCR) Treatment or of the Punishment Death Penalty

Afghanistan x X X (28) Albania Algeria X x x x (22) Angola Antigua and Barbuda Argentina x x x x (22) Australia x x x x Austria x x x x (22)

Bahamas Bahrain Bangladesh Barbados x x x Belgium x s x s Belize x Benin Bhutan Bolivia x x x s Botswana Brazil x Brunei Bulgaria x x x (28) Burkina Faso Burundi x x Byelorussian SSR x x x (28)

Cambodia s s I� Cameroon x x x x Canada x x x x (22) Cape Verde Central African Republic x x x I Chad ill Chile x x x � x (28) ... China ID ID Colombia x x x x ... I APPENDIX VI

274 InlNniltlonul Optional Sec'ond In!t·rtll1l inn.tl ( .00wl'ntinn CO"f>I1c1nt on Protc)( tool Optional Covununt on aM,ainst r.ivil l1ml W.cPR Protoc ol to EnmolllH . TOrlurA And Politic,.1 ICCI'R '-;oc:inl und Other C,flWI. Righl' AimillK llt Cullurul Inhum.1n or (ICCI'R) the Rights I)"R",ding Abolition (ICESCR) TmatmHnl or ofthA Puni,hmnnt O""lh P,-n..it V

Comoros Congo x x x Costa Rica x x s x s Cote c\'Ivoire Cuba s Cyprus x s x s Czech and Slovak Federal Republic x x x (28)

Denmark x x s x x (22) Djibouti Dominica Dominican Republic x x x s

Ecuador x x x x (22) Egypt x x x El Salvador x s x Equatorial Guinea x x x Ethiopia

Fiji Finland x x s x x (22) France x x x x (22)

Gabon x x s Gambia x x x s Germany, Federal Republic of x s x x Ghana Greece x x (22) Grenada Guatemala x x Guinea x s x x Guinea-Bissau � Guyana x x x � Haiti Cl: Holy See Honduras s s s x Hungary x x x x (22)(28)

I x x x Iceland s

fI)� India x x I Indonesia s APPENDIX VI

International Optional Second International Convention 275 Covenant on Protocol to Oplional Covenant on against Civil and ICCPR Protocol to 'Ec:onomic, Torture and Polilical ICCPR Sodal and OtherCruol. Righ ts Aiming at Cultural Inhuman or (ICCPR) the Rights Degrading Abolillon (iCESCR) Treatment or of the Punishment Death Penalty

Iran x x Iraq x x Ireland x x x

Israel S s s Italy x x S x x (22)

Jamaica x x x Japan x x Jordan x x

Kenya x x Kiribati Korea (Democratic People's Republic of) x x Korea (Republic of) x x x Kuwait

Lao People's Democratic Republic Lebanon x x Lesotho

Liberia S s Libyan Arab Jamahiriya x x x x Liechtenstein x (22) Luxembourg x x s x x (22)

Madagascar x x x Malawi Malaysia Maldives Mali x x Malta x x x x (22) Mauritania Mauritius x x x Mexico x x x Monaco �i Mongolia x x � Morocco x x s (28) Mozambique Myanmar (Burma) I Namibia � Nauru ..

Nepal ..:8 APPENDIX VI

276 Intemotional Optional Second International Convention Covenant on Protocol to Optional Covenant on against Civil and ICCPR Protocol to Economic, Torture and Politlcnl ICCPR Soclat and Other Cruel, Rights Aimlng.t Cultural Inhuman or (lCCPR) the Rights Degrading Abolition (lCESCR) Treatment or of the Punishment Death Penelty

Netherlands x x s x x (22) New Zealand x x x x x Nicaragua x x S x s Niger x x x Nigeria s Norway x x s x x (22)

Oman

Pakistan Panama x x x x Papua New Guinea Paraguay x Peru x x x x Philippines x x x x Poland x x x (28) Portugal x x x x x (22)

Qatar

Romania x s x x Rwanda x x

St Christopher and Nevis St Lucia St Vincent and The Grenadines x x x Samoa San Marino x x x Sao Tome and Principe Saudi Arabia Senegal x x x x Seychelles

Sierra Leone S ... Singapore ...s: I Solomon Islands x Somalia x x x x South Africa Spain x x s x x (22) ; Sri Lanka x x Sudan x x s Suriname x x x i Swaziland APPENDIX VI

lntNnutional Optional Second International Convention 277 Covenant on Protocol to Optional Covenant on against Civil and !CC-PR Prol[)(:ol to Economic. Torture and Political !CCPR Sociol .lIld Oth.r Cruel. RiKhts Aiming ut Cultural Inhuman or (I .CPR) the Rights Degrading Abolition (!CESCR) TrOtltmentor oftho Punishment Death Penalty

Sweden x x x x x (22) Switzerland x (22) Syria x x

Tanzania x x Thailand Togo x x x x (22) Tonga Trinidad and Tobago x x x Tunisia x x x (22) Turkey x (22) Tuvalu

Uganda x x Ukrainian SSR x x x (28) Union of Soviet Socialist Republics x x x (28) United Arab Emirates United Kingdom x x x United States of America s s s Uruguay x x s x x (22)

Vanuatu Venezuela x x s x s Viet Nam x x

Yemen x x Yugoslavia x s x s

Zaire x x x Zambia x x x Zimbabwe

s- denotes that country has signed but not yet ratified x- denotes that country is a party, either through ratification or accession

(22) denotes Declaration under Article 22 recognizing the competence of the Committee I'" VI against Torture to consider individual complaints of violations of the convention � (28) denotes that country has made a reservation under Article 28 that it does not recognize the competence of the Committee against Torture to examine reliable � information which appears to indicate that torture is being systematically practised, and to undertake a confidential inquiry if warranted i The countries listed in this chart are those included in the official United Nations publication entitled Human Rights International Instruments: Signatures, ! � Ratijications, Accessions etc. ...

...:8 APPENDIXVII

278 SELECTED REGIONAL HUMAN RIGHTS TREATIES (ASOF 31 DECEMBER 1990) ORGANIZATlONOF AFRICAN UNITY (OAU) AFRICAN CHARTER ONHUMAN ANDPEOPlES' RIGHTS(1 981) Algeria x Gambia x Saharawi Arab Angola Ghana x Democratic Republic x Benin x Guinea x Sao Tome and Prfncipe x Botswana x Guinea-Bissau x Senegal x Burkina Faso x Kenya Seychelles Burundi x Lesotho s Sierra Leone x Cameroon x Liberia x Somalia x Cape Verde x Libya x Sudan x Central African Republic x Madagascar Swaziland Chad x Malawi x Tanzania x Comoros x Mali x Togo x Congo x Mauritania x Tunisia x Cote d'Ivoire Mauritius Uganda x Djibouti Mozambique x Zaire x Egypt x Namibia Zambia x Equatorial Guinea x Niger x Zimbabwe x Ethiopia Nigeria x Gabon x Rwanda x s - denotes that country has signed but not yet ratified x - denotes that country is a party, either through ratification or accession This chart lists countries which were members of the GAU at the end of 1990. ORGANIZATlON OF AMERICAN STATES (OAS) American lnter�American American Inter·Arnerican Convention Convention to Convention Convention to on Human Prevent and on flumsn Prevent and Rights (1969) Punish Rights (1969) Punish Torture (1985) Torture (1985) Antigua and Barbuda Honduras x (62) s Argentina x (62) x Jamaica x Bahamas Mexico x x Barbados x Nicaragua x s Bolivia x s Panama x (62) s Brazil x Paraguay x x Canada Peru x (62) s Chile x (62) x St Christopher Colombia x (62) s and Nevis Costa Rica x (62) s St Lucia Cuba St Vincent and Dominica The Grenadines Dominican Republic x x Suriname x (62) x .. = Ecuador x (62) s Trinidad and Tobago .. El Salvador x s United States of i Grenada x America s 11:: Guatemala x (62) x Uruguay x (62) s Haiti x s Venezuela x (62) s

s - denotes that country has signed but not yet ratified ; x - denotes that country is a party, either through ratification or accession (62) denotes Declaration under Article 62 recognizing as binding the jurisdiction of the

en� Inter-American Court of Human Rights (on all matters relating to the interpretation or application of the American Convention) I This chart lists countries which were members of the GAS at the end of 1990. APPENDIX VII

COUNCIL OF EUROPE 279

Europe.m Article 25 Artide 46 Protocol European Con\'ention No. f). Convention forth. for the Proloctioll or Prpvention or Human Torture tm e! Rights and Inhuman or Funclomontfll Degrading Fro�dol1ls Treatment or (lq50) Punishmlmt (lHU7)

Austria x x x x x Belgium x x x s s Cyprus x x x x Denmark x x x x x Finland x x x x x France x x x x x Germany, Federal Republic of x x x x x Greece x x x s s Hungary s s Iceland x x x x x Ireland x x x x Italy x x x x x Liech tenstein x x x x s Luxembourg x x x x x Malta x x x x Netherlands x x x x x Norway x x x x x Portugal x x x x x San Marino x x x x x Spain x x x x x Sweden x x x x x Switzerland x x x x x Turkey x x x x United Kingdom x x x x

s - denotes that country has signed but not yet ratified x - denotes that country is a party, either through ratificationor accession Article 25: denotes Declaration under Article 25 of the European Convention, recognizing the competence of the European Commission of Human Rights to consider individual complaints of violations of the Convention Article 46: denotes Declaration under Article 46 of the European Convention, recognizing as compulsory the jurisdiction of the European Court of Human Rights in all matters concerning interpretation and application of the European Convention IU> � * Protocol 6 to the European Convention on Human Rights: concerning abolition of the � death penalty (1983) i This chart lists countries which were members of the Council of Europe at the end of � 1990. �...... ID ID .... APPENDIX VIII

280 OVERDUE REPORTS A) BY STATES PARTIES TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Governments which have ratified or acced­ of the ICCPR. ed to the International Covenant on Civil The Human Rights Committee has re­ and Political Rights (ICCPR) are referred to peatedly expressed concern about the non­ as "States Parties" to that treaty. Article 40 compliance of states with their reporting of the ICCPR requires States Parties to sub­ obligations. mit reports to the United Nations (UN) "on The Committee noted that there may be the measures they have adopted which various reasons for reports being overdue, give effect to the rights recognized [in the including a shortage of resources, the as­ ICCPR] and on the progress made in the signment of insufficient priority, and in enjoyment of those rights". The reports are some cases the reluctance of states to supposed to "indicate the factors and expose themselves to scrutiny. difficulties, if any, affecting the implemen­ The UN General Assembly has urged tation of the present Covenant". States Parties to the ICCPR which have not The initial report is due within one year yet done so "to submit their reports as after the ICCPR enters into force for the speedily as possible". particular state; subsequent reports are As of 31 December 1990 the following due every five years. They are reviewed by states were at least one year late in submit­ the Human Rights Committee, the body of ting their initial, second or third periodic 18 experts which monitors implementation reports.

INITIAL REPORTS

State Party Date due Number of reminders sent Gabon 20 April 1984 13 Niger 6 June 1987 7 Sudan 17 June 1987 7 Equatorial Guinea 24 December 1988 4

SECOND PERIODIC REPORTS

State Party Date due Number of reminders sent Libyan Arab Jamahiriya 4 February 1983 15 Iran (Islamic Republic of) 21 March 1983 15 Bulgaria 28 April 1984 14 Cyprus 18 August 1984 14 Syrian Arab Republic 18 August 1984 14 Cook Islands (New Zealand) 27 March 1985 3 Gambia 21 June 1985 12 Suriname 2 August 1985 11 Venezuela 1 November 1985 11 Lebanon 21 March 1986 11 Kenya 11 April 1986 10 Mali 11 April 1986 10 United Republic of Tanzania 11 April 1986 10 Jamaica 1 August 1986 8 Netherlands Antilles 31 October 1986 3 Guyana 10 April 1987 8 Iceland 30 October 1987 7 Democratic People's Republic of Korea 13 December 1987 6 Peru 9 April 1988 5 APPENDIX VIII

Egypt 13 April 1988 5 281 El Salvador 31 December 1988 4 Central African Republic 9 April 1989 3 Gabon 20 April 1989 3 Afghanistan 23 April 1989 3 Belgium 20 July 1989 3 Guinea 30 September 1989 3 Luxembourg 17 November 1989 2

THIRD PERIODIC REPORTS

State Party Date due Number of reminders sent Libyan Arab Jamahiriya 4 February 1988 6 Iran (Islamic Republic of) 21 March 1988 6 Lebanon 21 March 1988 6 Panama 6 June 1988 1 Madagascar 3 August 1988 5 Yugoslavia 3 August 1988 5 Bulgaria 28 April 1989 3 Romania 28 April 1989 3 Cyprus 18 August 1989 3 Syrian Arab Republic 18 August 1989 3

The Committee has extended the deadline for submission by the following countries whose reports were due on the dates indicated: Second Periodic Reports St Vincent and the Grenadines 8 February 1988 Bolivia 11 November 1988 Viet Nam 23 December 1988 Third Periodic Reports Zaire 30 January 1988 Dominican Republic 3 April 1989

B) BY STATES PARTIES TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Governments which have ratified or year after the Convention against Torture acceded to the Convention against Torture enters into force for the particular state; and Other Cruel, Inhuman or Degrading supplementary reports are due every four Treatment or Punishment are referred to as years and should cover "any new "States Parties" to that treaty. Article 19 of measures taken". The reports are reviewed the Convention against Torture requires by the Committee against Torture, the States Parties to submit reports to the body of 10 experts which monitors imple­ United Nations "on the measures they mentation of the Convention against have taken to give effect to their under­ Torture. takings lunder the Convention against As of 31 December 1990 the following Tort ure 1" . states were at least one year late in submit­ The initial report is due within one ting their initial reports.

INITIAL REPORTS

State Party Datp due Number of reminders sent

Belize 25 June 1988 4 Bulgaria 25 June 1988 4 Uganda 25 June 1988 4 APPENDIX VIII

282 Uruguay 25 June 1988 4 Panama 22 September 1988 4 Luxembourg 28 October 1988 4 Togo 17 December 1988 4 Guyana 19 August 1989 2 Peru 7 October 1989 1

C) BY STATES PARTIES TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS

Governments which have ratified or acced­ of that treaty, "on the legislative or other ed to the African Charter on Human and measures taken with a view to giving effect Peoples' Rights are referred to as "States to the rights and freedoms recognized and Parties" to that treaty. Article 62 of the guaranteed by the [African Charter)". African Charter requires States Parties to The African Commission, composed of submit reports every two years to the 11 experts, reviews these reports. As of 31 African Commission on Human and December 1990 the following States Parties Peoples' Rights, established under the were at least one year late in submitting African Charter to monitor implementation their initial reports.

INITIAL REPORTS

State Party Date due Number of reminders sent

Benin 21 October 1988 1 Gabon 21 October 1988 1 Botswana 21 October 1988 1 Burkina Faso 21 October 1988 1 Central AfricanRepublic 21 October 1988 1 Comoros 21 October 1988 1 Congo 21 October 1988 1 Egypt 21 October 1988 1 Gambia 21 October 1988 1 Guinea 21 October 1988 1 Guinea-Bissau 21 October 1988 1 Liberia 21 October 1988 1 Mali 21 October 1988 1 Mauritania 21 October 1988 1 Niger 21 October 1988 1 Saharawi Arab Democratic Republic 21 October 1988 1 Sao Tome and Principe 21 October 1988 1 Senegal 21 October 1988 1 Sierra Leone 21 October 1988 1 ... Somalia 21 October 1988 1 ...s: Sudan 21 October 1988 1 Uganda 21 October 1988 1 ... Tanzania 21 October 1988 1 �0:: Zambia 21 October 1988 1 Zimbabwe 21 October 1988 1 I Equatorial Guinea 18 November 1988 1 Chad 11 February 1989 1 i Algeria 20 June 1989 1 � Zaire 28 October 1989 1 ... Cape Verde 6 November 1989 1 I APPENDIX IX

283 BASIC PRINCIPLES ON THE USE OF FORCE AND FIREARMS BY LAW ENFORCEMENT OFFICIALS

[These Principles were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana. Cuba. on 7 September 1990. The United Nations General Assembly subsequently welcomed these Principles in its Resolution 45/121 of 14 December 1990 and invited all governments to be guided by them in the formulation of appropriate legislation and practice and to make effo rts to ensure their implementation. The text of the Principles is set out below.)

General provisions 5. Whenever the lawful useof force and 1. Governments and law enforcement firearms is unavoidable. law enforcement agencies shall adopt and implement rules officialssh all: and regulations on the use of force and (a) Exercise restraint in such use and actin firearms against persons by law proportion to the seriousness of the offence enforcement officials. In developing such and the legitimate objective to be achieved; rules and regulations. Governments and (b) Minimize damage and injury. and law enforcement agencies shall keep the respect and preserve human life; ethical issues associated with the use of (c) Ensure that assistance and medical aid force and firearms constantly under review. are rendered to any injured or affected persons at the earliest possible moment; 2. Governments and law enforcement (d) Ensure that relatives or close friendsof agencies should develop a range of means the injured or affected person are notified as broad as possible and equip law at the earliest possible moment. enforcement officialswith various types of weapons and ammunition that would 6. Where injury or death is caused by the allow for a differentiated use of force and use of force and firearms by law firearms. Theseshould include the enforcement officials.they shall report the development of non-lethal incapacitating incident promptly to their superiors. in weapons for use in appropriate situations. accordance with principle 22. with a view to increasingly restraining the application of means capable of causing 7. Governments shall ensure that arbitrary death or injury to persons. For the same or abusive use of force and firearmsby law purpose. it should also be possible for law enforcement officials is punished as a enforcement officialsto be equipped with criminal offence under their law. self-defensive equipment such as shields. helmets. bullet-proof vests and bullet-proof 8. Exceptional circumstances such as means of transportation. in order to internal political instability or any other decrease the need to use weapons of any public emergency may not be invoked to kind. justifyany departure from these basic principles. 3. The development and deployment of non-lethal incapacitating weapons should Special provisions be carefully evaluated in order to minimize 9. Law enforcement officials shall not use the risk of endangering uninvolved firearms against persons except in self­ persons. and the use of such weapons defence or defence of others against the should be carefully controlled. imminent threat of death or serious injury. to prevent the perpetration of a particularly 4. Law enforcement officials.in carrying serious crime involving grave threat to life. out their duty. shall. as far as possible. to arrest a person presenting such a danger apply non-violent means before resorting and resisting their authority. or to prevent to the use of force and firearms. They may his or her escape. and only when less use force and firearms only if other means extreme means are insufficient to achieve remain ineffective or without any promise these objectives. In any event. intentional of achieving the intended result. lethal use of firearms may only be made APPENDIX IX

284 when strictly unavoidable in order to 14. In the dispersal of violent assemblies, protect life. law enforcement officialsmay use firearms only when less dangerous means are not 10. In the circumstances provided for practicable and only to the minimum under principle 9, law enforcement extent necessary. Law enforcement officials officials shall identifythemselves as such shall not use firearms in such cases, except and give a clear warning of their intent to under the conditions stipulated in use firearms, with sufficient time for the principle 9. warning to be observed, unless to do so would unduly place the law enforcement Policing persons in custody or detention officialsat risk or would create a risk of 15. Law enforcement officials, in their death or serious harm to other persons, or relations with persons in custody or would be clearly inappropriate or pointless detention, shall not use force, except when in the circumstances of the incident. strictly necessary for the maintenance of security and order within the institution, 11. Rules and regulations on the use of or when personal safety is threatened. firearms by law enforcement officials should include guidelines that: 16. Law enforcement officials,in their (a) Specify the circumstances under which relations with persons in custody or law enforcement officials areauthorized to detention, shall not use firearms,except in carry firearms and prescribe the types of self-defence or in the defence of others firearms and ammunition permitted; against the immediate threat of death or (b) Ensure that firearms are used only in serious injury, or when strictly necessary appropriate circumstances and in a manner to prevent the escape of a person in likely to decrease the risk of unnecessary custody or detention presenting the danger harm; referred to in principle 9. (c) Prohibit the use of those firearms and ammunition that cause unwarranted injury 17. The preceding principles are withou t or present an unwarranted risk; prejudice to the rights, duties and (d) Regulate the control, storage and responsibilities of prison officials, as set issuing of firearms, including procedures out in the Standard Minimum Rules for the for ensuring that law enforcement officials Treatment of Prisoners, particularly rules are accountable for the firearms and 33, 34 and 54. ammunition issued to them; (e) Provide for warnings to be given, if Qualifications,training and counselling appropriate, when firearmsare to be 18. Governments and law enforcement discharged; agencies shall ensure that all law (f)Provide for a system of reporting enforcement officials are selected by proper whenever law enforcement officials use screening procedures, have appropriate firearms in the performance of their duty. moral, psychological and physical qualities for the effective exercise of their functions Policing unlawful assemblies and receive continuous and thorough 12. As everyone is allowed to participate in profeSSional training. Their continued lawful and peaceful assemblies, in fitnessto perform these functions should accordance with the principles embodied be subject to periodic review. in the Universal Declaration of Human Rights and the International Covenant on 19. Governments and law enforcement Civil and Political Rights, Governments agencies shall ensure that all law and law enforcement agencies and officials enforcement officials arc provided with shall recognize that force and firearms may training and are tested in accordance with be used only in accordance with principles appropriate proficiencystandards in the 13 and 14. use of force. Those law enforcement officials who are required to carry firearms 13. In the dispersal of assemblies that are should be authorized to do so only upon unlawful but non-violent, law enforcement completion of special training in their use. officials shall avoid the use of force or, where that is not practicable, shall restrict 20. In the training of law enforcement such force to the minimum extent necessary. officials, Governments and law APPENDIX IX enforcement agencies shall give special 23. Persons affected by the use of force and 285 attention to issues of police ethics and firearmsor their legal representatives shall human rights, especially in the have access to an independent process, investigative process, to alternatives to the including a judicial process. In the event of use of force and firearms, including the the death of such persons, this provision peaceful settlement of conflicts,the shall apply to their dependants understanding of crowd behaviour, and the accordingly. methods of persuasion, negotiation and mediation, as well as to technical means, 24. Governments and law enforcement with a view to limiting the use of force and agencies shall ensure that superior officers firearms. Law enforcement agencies should are held responsible if they know, or review their training programmes and should have known, that law enforcement operational procedures in the light of officials under their command are particular incidents. resorting, or have resorted, to the unlawful use of force and firearms,and they did not 21. Governments and law enforcement take all measures in their power to prevent, agencies shall make stress counselling suppress or report such use. available to law enforcement officialswho are involved in situations where force and 25. Governments and law enforcement firearms are used. agencies shall ensure that no criminal or disciplinary sanction is imposed on law Reporting and review procedures enforcement officials who, in compliance 22. Governments and law enforcement with the Code of Conduct for Law agenCies shall establish effective reporting Enforcement Officialsand these basic and review procedures for all incidents principles, refuse to carry out an order to referred to in principles 6 and 11 (f). For use force and firearms,or who report such incidents reported pursuant to these use by other officials. principles, Governments and law enforcement agencies shall ensure that an 26. Obedience to superior orders shall be effective review process is available and no defence if law enforcement officials that independent administrative or knew that an order to use force and prosecutorial authorities are in a position firearms resulting in the death or serious to exercise jurisdiction in appropriate injury of a person was manifestly unlawful circumstances. In cases of death and and had a reasonable opportunity to refuse serious injury or other grave consequences, to follow it. In any case, responsibility also a detailed report shall be sent promptly to rests on the superiors who gave the the competent authorities responsible for unlawful orders. administrative review and judiCial control. APPENDIX X

286 BASIC PRINCIPLES ON THE ROLE OF LAWYERS

[These Principles were adopted by the Eigh th United Nations Congress on the Prevention of Crime and the Treatment of Offe nders in Ha vana, Cuba. on 7 September 1990. The United Nations General Assembly subsequently welcomed these Principles in its Resolution 45/121 of 14 December 1990 and invited all governments to be guided by them in the form ulation of appropriate legislation and practice and to make efforts to ensure their implementation. The text of the Principles is set out below.]

Access to lawyersand legal services upon arrest or detention or when charged 1. All persons are entitled to call upon the with a criminal offence. assistance of a lawyer of their choice to protect and establish their rights and to 6. Any such persons who do not have a defend them in all stages of criminal lawyer shall. in all cases in which the proceedings. interests of justice so require. be entitled to have a lawyer of experience and 2. Governments shall ensure that efficient competence commensurate with the nature procedures and responsive mechanisms for of the offence assigned to them in order to effective and equal access to lawyers are provide effective legal assistance. without provided for all persons within their payment by them if they lack sufficient territory and subject to their jurisdiction. means to pay for such services. without distinction of any kind. such as discrimination based on race. colour. 7. Governments shall further ensure that all ethnic origin. sex. language. religion. persons arrested or detained. with or political or other opinion. national or without criminal charge. shall have prompt social origin. property. birth. economic or access to a lawyer. and in any case not later other status. than forty-eight hours from the time of arrest or detention. 3. Governments shall ensure the provision of sufficient funding and other resources 8. All arrested. detained or imprisoned for legal services to the poor and. as persons shall be provided with adequate necessary. to other disadvantaged persons. opportunities. time and facilities to be Professional associations of lawyers shall visited by and to communicate and consult co-operate in the organization and with a lawyer. without delay. interception provision of services. facilities and other or censorship and in full confidentiality. resources. Such consultations may be within sight. but not within the hearing. of law 4. Governments and professional enforcement officials. associations of lawyers shall promote programmes to inform the public about Qualificationsand training their rights and duties under the law and 9. Governments. professional associations the important role of lawyers in protecting of lawyers and educational institutions their fundamental freedoms. Special shall ensure that lawyers have appropriate Si attention should be given to assisting the education and training and be made aware ... poor and other disadvantaged persons so as of the ideals and ethical duties of the to enable them to assert their rights and lawyer and of human rights and where necessary call upon the assistance of fundamental freedoms recognized by lawyers. national and international law.

Special safeguards in criminal justice 10. Governments. professional associations matters of lawyers and educational institutions 5. Governments shall ensure that all shall ensure that there is no discrimination persons are immediately informed by the against a person with respect to entry into competent authority of their right to be or continued practice within the legal assisted by a lawyer of their own choice profession on the grounds of race. colour. APPENDIX X

sex, ethnic origin, religion, political or professional functions without 287 other opinion, national or social origin, intimidation, hindrance, harassment or property, birth, economic or other status, improper interference; except that a requirement, that a lawyer (b) are able to travel and to consult with must be a national of the country their clients freelyboth within their own concerned, shall not be considered country and abroad; and discriminatory. (c) shall not suffer, or be threatened with, prosecution or administrative, economic or 11. In countries where there exist groups, other sanctions for any action taken in communities or regions whose needs for accordance with recognized professional legal services are not met, particularly duties, standards and ethics. where such groups have distinct cultures, traditions or languages or have been the 17. Where the security oflawyers is victims of past discrimination, threatened as a result of discharging their Governments, professional associations of functions, they shall be adequately lawyers and educational institutions safeguarded by the authorities. should take special measures to provide opportunities for candidates from these 18. Lawyers shall not be identified with groups to enter the legal profession and their clients or their clients' causes as a should ensure that they receive training result of discharging their functions. appropriate to the needs of their groups. 19. No court or administrative authority Duties and responsibilities before whom the right to counsel is 12. Lawyers shall at all times maintain the recognized shall refuseto recognize the honour and dignity of their profession as right of a lawyer to appear before it for his essential agents of the administration of or her client unless that lawyer has been justice. disqualified in accordance with national law and practice and in conformity with 13. The duties of lawyers towards their these principles. clients shall include: (a) Advising clients as to their legal rights 20. Lawyers shall enjoy civil and penal and obligations, and as to the working of immunity for relevant statements made in the legal system in so far as it is relevant to good faith in written or oral pleadings or in the legal rights and obligations of the their professional appearances before a clients; court, tribunal or other legal or (b) Assisting clients in every appropriate administrative authority. way, and taking legal action to protect their interests; 21. It is the duty of the competent (c) Assisting clients before courts, tribunals authorities to ensure lawyers access to or administrative authorities, where appropriate information, files and appropriate. documents in their possession or control in sufficienttime to enable lawyers to provide 14. Lawyers, in protecting the rights of effective legal assistance to their clients. their clients and in promoting the cause of Such access should be provided at the justice, shall seek to uphold human rights earliest appropriate time. and fundamental freedomsrecognized by national and international law and shall at 22. Governments shall recognize and all times act freely and diligently in respect that all communications and accordance with the law and recognized consultations between lawyers and their standards and ethics of the legal clients within their professional profession. relationship are confidential.

15. Lawyers shall always loyally respect Freedom of expression and association the interests of their clients. 23. Lawyers like other citizens are entitled to freedom of expression, belief, Guarantees fo r the functioningof lawyers association and assembly. In particular, 16. Governments shall ensure that lawyers they shall have the right to take part in (a) are able to perform all of their public discussion of matters concerning APPENDIX X

288 the law, the administration of justice and Disciplinary proceedings the promotion and protection of human 26. Codes of professional conduct for rights and to join or form local, national or lawyers shall be established by the legal international organizations and attend their profession through its appropriate organs, meetings, without suffering professional or by legislation, in accordance with restrictions by reason of their lawful action national law and custom and recognized or their membership in a lawful international standards and norms. organization. In exercising these rights, lawyers shall always conduct themselves 27. Charges or complaints made against in accordance with the law and the lawyers in their professional capacity shall recognized standards and ethics of the be processed exped itiously and fa irly legal profession. under appropriate procedures. Lawyers shall have the right to a fair hearing, Professional associations of lawyers including the right to be assisted by a 24. Lawyers shall be entitled to form and lawyer of their choice. join self-governing professional associations to represent their interests, 28. Disciplinary proceedings against promote their continuing education and lawyers shall be brought before an training and protect their professional impartial disciplinary committee integrity. The executive body of the established by the legal profession, before professional associations shall be elected an independent statutory authority, or by its members and shall exercise its before a court, and shall be subject to an functions without external interference. independent judicial review.

25. Professional associations of lawyers 29. All disciplinary proceedings shall be shall co-operate with Governments to determined in accordance with the code of ensure that everyone has effective and professional conduct and other recognized equal access to legal services and that standards and ethics of the legal profession lawyers are able, without improper and in the light of these principles. interferenc ,to counsel and assist their clients in accordance with the law and recognized professional standards and ethics. APPENDIX XI

289 PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

Adopted by the General Assembly of the Organization of American States at its 20th Regular Session on 8 June 1990 in Asunci6n, Paraguay. At the end of the year the Protocol had been signed by fivestates: Ecuador, Nicaragua, Panama, Uruguay and Venezuela. It had not yet been ratified byany state.

The States Parties to this Protocol, to this instrument may declare that they Considering: reserve the right to apply the death That Article 4 of the American Convention penalty in wartime in accordance with on Human Rights recognizes the right to international law, for extremely serious life and restricts the application of the crimes of a military nature. death penalty; 2. The State Party making this reservation That everyone has the inalienable right to shall, upon ratification or accession, respect for his life, a right that cannot be inform the Secretary General of the suspended for any reason; Organization of American States of the That the tendency among the American pertinent provisions of its national States is to be in favor of abolition of the legislation applicable in wartime, as death penalty; referred to in the preceding paragraph. That application of the death penalty has 3. Said State Party shall notifythe irrevocable consequences, forecloses the Secretary General of the Organization of correction of judicial error, and precludes American States of the beginning or end of any possibility of changing or any state of war in effect in its territory. rehabilitating those convicted; That the abolition of the death penalty Article 3 helps to ensure more effective protection This Protocol shall be open for signature of the right to life; and ratification or accession by any State That an international agreement must be Party to the American Convention on arrived at that will entail a progressive Human Rights. development of the American Convention on Human Rights, and Ratification of this Protocol or accession That States Parties to the American thereto shall be made through the deposit Convention on Human Rights have of an instrument of ratification or expressed their intention to adopt an accession with the General Secretariat of international agreement with a view to the Organization of American States. consolidating the practice of not applying the death penalty in the Americas, Article 4 Have agreed to sign the fo llowing Protocol This Protocol shall enter into force among to the American Convention on Human the States that ratify or accede to it when Rights to Abolish the Death Penalty they deposit their respective instruments of ratificationor accession with the Article 1 General Secretariat of the Organization of The States Parties to this Protocol shall not American States. apply the death penalty in their territory to any person subject to their jurisdiction.

Article 2 1. No reservations may be made to this Protocol. However, at the time of ratification or accession, the States Parties APPENDIX XII

290 SELECTED STATISTICS

AMNESTY INTERNATIONAL MEMBERSHIP At the beginning of 1991 there were more related to death threats and 20 to ill­ than 6,000 local Amnesty International treatment. Others were issued in cases of groups in over 70 countries. There were deaths in detention, risk of refoulement, more than 1,100,000 members, subscribers amputation, hunger-strike and political and regular donors in over 150 countries. executions.

PRISONER CASES AND RELEASES REGIONAL ACTION NElWORKS At the end of 1990 Amnesty International Amnesty International's Regional Action was working on more than 3,000 cases Networks deal with human rights abuses in involving over 4,500 individuals adopted every country of the world. During 1990 as prisoners of conscience or under investi­ participants in these 21 networks remained gation as possible prisoners of conscience. ready to take action when abuses occurred During the year action began on 1,683 new in Africa, the Americas, Asia and the cases involving more than 2,000 individ­ Pacific, Europe and the Middle East and uals. A total of 1,609 cases involving the North Africa. In 1990 the Regional Action release of prisoners of conscience or those Networks worked on the cases of thou­ under investigation as possible prisoners of sands of victims of human rights viol­ conscience was recorded. ations.

URGENT ACTION APPEALS AMNESTY INTERNATIONAL FUNDING During 1990 Amnesty International initi­ The budget adopted by Amnesty ated 823 Urgent Action appeals on behalf International for 1990 was £10,100,000. of 3,626 people in 90 countries. Of these This sum represents between 25 and 30 per appeals, 139 were prompted by reports of cent of the estimated income likely to be torture and 21 were made on behalf of raised during the year by the movement's prisoners in a critical state of health and national sections. Amnesty International's urgently in need of medical treatment. national sections and local volunteer Some 83 appeals were issued in cases of groups are responsible for funding the arbitrary arrest, prolonged incommunicado movement. There is no central fund-raising detention, detention without charge or trial program and no money is sought or accept­ or unfair trial. Some 160 appeals related to ed from governments. The donations that extrajudicial killings or "disappearances" sustain Amnesty International's work come and 70 were made on behalf of prisoners from its members and the public. sentenced to death. Twenty-six appeals

i ... 9 780862 101 961