FOREWORD ...... V ALBANIA ...... 2 Political developments ...... 2 Police ill-treatment and torture ...... 2 Conditions of detention...... 2 Trafficking...... 3 Domestic violence against women...... 3 BELARUS ...... 3 International concern about human rights...... 3 Freedom of expression, association and assembly (Update to AI Index: EUR01/012/2005) ...... 4 Prisoners of conscience (updates to AI Index: EUR 01/001/2004 and AI Index: EUR 49/017/2004) 5 Death penalty (update to AI Index: EUR 01/001/2004) ...... 5 BOSNIA-HERZEGOVINA...... 5 General and political developments ...... 5 War crimes and crimes against humanity (update to AI Index: EUR 01/012/2005)...... 6 Domestic investigations and prosecutions ...... 7 Unresolved 'disappearances' and Srebrenica commission (update to AI Index: EUR 01/012/2005) . 8 Right to return in safety and with dignity (update to AI Index: EUR 01/012/2005)...... 9 UN Committee against Torture ...... 10 CROATIA ...... 10 General and political developments ...... 10 War crimes and crimes against humanity (update to AI Index: EUR 01/012/2005)...... 11 International prosecutions ...... 11 Domestic prosecutions...... 11 Unresolved ‘disappearances’ (update to AI Index: EUR 01/012/2005) ...... 12 Right to return (update to AI Index: EUR 01/012/2005) ...... 12 CYPRUS...... 13 Detention and deportation of foreign nationals ...... 13 Excessive use of force ...... 13 Allegations of ill-treatment...... 13 Conscientious Objection...... 14 Visit of international experts...... 14 GEORGIA...... 14 Torture and ill-treatment ...... 14 UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment...... 14 AI’s report Georgia: Torture and ill-treatment – still a concern after the “Rose Revolution” ...... 15 Individual cases involving allegations of torture or other ill-treatment ...... 16 Concerns in the disputed region of Abkhazia ...... 16 The death penalty (update to AI Index: EUR 04/002/2004) ...... 16 GREECE ...... 17 Counter-terrorism ...... 17 Denial of refugee protection ...... 17 Police ill-treatment...... 18 Discrimination against Romani pupils ...... 18 Conscientious objection to military service ...... 18 Violence against women ...... 19 Failure to conduct prompt investigation ...... 19 IRELAND ...... 19 Treatment of people with mental disabilities...... 19 Policing...... 20 Places of Detention ...... 20 Asylum-seekers and migrants...... 21 Women...... 22 Renditions...... 22 Racism ...... 23

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Children...... 23 Irish Human Rights Commission ...... 23 ITALY ...... 24 Counter-terrorist legislation ...... 24 Asylum and immigration (update to AI Index: 01/012/2005) ...... 25 Decision by Cassazione Civile ...... 26 Italy-sponsored detention centres in Libya ...... 27 Prison conditions...... 27 Alleged police ill-treatment ...... 27 Concluding Observations of the Human Rights Committee...... 28 Report on Italy by the High Commissioner for Human Rights of the Council of Europe ...... 28 International Criminal Court: failure to enact implementing legislation ...... 30 KAZAKSTAN ...... 30 Freedom of expression – update to AI Index: EUR 01/002/2005 ...... 30 Fear for safety...... 30 Fear of forcible return...... 30 Forcible return of Uzbekistani nationals ...... 30 KYRGYZSTAN ...... 31 Prison riots ...... 31 Death penalty...... 31 Refugees from Uzbekistan at risk (update to AI Index: EUR 01/012/2005)...... 31 Extraditions and threat of forcible return...... 32 Access to asylum procedures...... 32 Failure to act to protect nationals of Kyrgyzstan ...... 33 LATVIA...... 33 Respect for LGBT rights ...... 33 Visit by Monitoring Committee Chair of the Councils of Europe Parliamentary Assembly...... 34 MACEDONIA ...... 34 General and political background ...... 34 Indictments for war crimes ...... 35 “Terrorism” trial...... 35 Armed opposition groups ...... 35 The “disappeared” and abducted...... 35 Torture and ill-treatment ...... 35 “War on Terror” ...... 36 Prisoner of conscience Jovan Vranishkovski (update to AI Index: EUR 65/001/2004)...... 36 Violence against women, and discrimination against women...... 36 Discrimination against minorities ...... 36 Refugees and internally displaced persons ...... 37 MALTA...... 37 Asylum and immigration ...... 37 Women’s rights ...... 37 Freedom of association ...... 38 Prohibition on Torture...... 38 International/Regional News ...... 39 MOLDOVA...... 39 Torture and ill-treatment in police custody ...... 39 Case of Mikhail Kaldarar, Vasilii Kodrian, Anna Kodrian and Vyacheslav Pleshko (see AI Index: EUR 59/001/2005, EUR 59/004/2005, and EUR 59/005/2005) ...... 39 Case of Sergei Gurgurov (see AI Index: EUR 59/006/2005, and EUR 59/007/2005)...... 40 Case of Vasilii Lisinkov (update to AI Index: EUR 01/012/2005) ...... 40 Opposition politicians prosecuted (see AI Index: EUR 59/003/2005) ...... 40 Death penalty...... 41 Self-proclaimed Dnestr Moldavian Republic (update to AI Index: EUR 01/03/00) ...... 41 RUSSIAN FEDERATION...... 41 Violence against women ...... 41 Arbitrary detention, torture and ill-treatment ...... 42

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Police brutality in the Republic of Bashkortostan (update to AI Index: EUR 01/001/2005 and EUR 01/012/2005) ...... 42 Lgov prison colony protest (update to AI Index: EUR 01/012/2005)...... 42 Conviction of two police officers for torturing Alexei Mikheev (update to AI Index: EUR 46/027/2002) ...... 42 Arbitrary detention of Airat Vakhitov and Rustam Akhmiarov (see AI Index: EUR 46/034/2005) ...... 43 Denial of medical treatment to prisoner Mikhail Trepashkin (see AI Index: EUR 46/063/2005) 43 Threat of deportation to Uzbekistan (see AI Index: EUR 46/027/2005 and EUR 46/040/2005) 43 Marsel Isaev (see AI Index: EUR 62/030/2005)...... 44 Human rights defenders ...... 44 The killing of Liudmila Zhorovlia ...... 44 Stanislav Dmitrievskii and the Russian-Chechen Friendship Society (update to AI Index: EUR 46/059/2004, EUR 01/002/2005 and EUR 01/012/2005, see also AI Index: EUR 46/053/2005) ...... 44 New NGO law: a threat to freedom of association ...... 45 Racist attacks...... 45 Murder of Peruvian student in Voronezh ...... 46 Alleged racially-motivated killings – the case of Khursheda Sultonova (update to AI Index: EUR 01/005/2004) ...... 46 Chechnya and the North Caucasus ...... 46 Arbitrary detention and torture in Novie Atagi ...... 46 Trial into the killing of six civilians (update to AI Index: EUR 01/005/2004, EUR 46/027/2004, EUR 01/002/2005 and EUR 01/012/2005) ...... 47 Two more under investigation in the Zelimkhan Murdalov case (update to AI Index: EUR 46/027/2002, EUR 01/005/2004, EUR 01/002/2005 and EUR 01/012/2005)...... 47 Investigation into the raid on the village of Borozdinovskaia (update to AI Index: EUR 01/012/2005) ...... 48 Reported attacks by armed opposition groups in Ingushetia ...... 48 Internally displaced population in Ingushetia...... 48 Armed raid in Kabardino-Balkaria ...... 48 Journalist Orkhan Dzhemal detained and ill-treated...... 48 Torture of Rasul Kudaev and health concerns (see also AI Index: EUR 46/003/2006) ...... 49 SERBIA AND MONTENEGRO (INCLUDING KOSOVO) ...... 49 War crimes: International Criminal Tribunal for the former Yugoslavia (Tribunal) ...... 49 Domestic War Crimes Trials ...... 49 “Disappearances”...... 50 Possible extrajudicial executions ...... 50 Army of SCG ...... 51 Past political murders ...... 51 Police torture and ill-treatment ...... 51 Minorities...... 51 Attacks on human rights defenders ...... 52 Violence against women ...... 52 Kosovo ...... 52 War Crimes: Domestic Prosecutions ...... 53 “Disappearances” and abductions ...... 53 Ethnically and politically motivated crimes ...... 53 Discrimination against minorities ...... 53 The right to health (Update to AI Index: EUR 70/012/2005)...... 54 Trafficking of women and girls for forced prostitution ...... 54 SLOVENIA ...... 54 The “erased” (update to AI Index: EUR 01/012/2005) ...... 54 UN Committee on Economic, Social and Cultural Rights ...... 55 TAJIKISTAN ...... 55 UN Human Rights Committee ...... 55 Death penalty...... 56

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UN Special Rapporteur on the independence of judges and lawyers...... 56 TURKEY ...... 56 Background...... 57 New legislation and continuing restrictions on freedom of expression ...... 57 Torture and ill-treatment, and impunity ...... 58 Imprisonment of conscientious objector...... 59 Deterioration of human rights in the south-east and eastern provinces ...... 59 Killings of civilians by armed oppositionist groups ...... 60 Şemdinli incidents of 9 November ...... 60 TURKMENISTAN ...... 62 International scrutiny ...... 62 Continued clampdown on dissent and religious freedom (update to AI Index: EUR 61/003/2005) 63 UKRAINE...... 64 International concern about human rights...... 64 Torture and ill-treatment ...... 64 Impunity...... 64 Signing of Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture) ...... 65 Conditions in detention...... 65 Racist attacks...... 65 ‘Disappearance’ of Georgiy Gongadze (Update to AI Index: EUR 01/012/2005) ...... 65 UNITED KINGDOM...... 66 London bombings ...... 66 “Counter-terrorism” measures...... 66 Memorandums of Understanding (MoUs) ...... 68 Prevention of Terrorism Act 2005 and “control orders” (update to AI Index: EUR 01/012/2005) ...... 68 Treatment of “suspected international terrorists” ...... 69 Cases of “A”, “G” and “H” and Mahmoud Abu Rideh (Mahmoud Abu Rideh: update to AI Index: EUR 01/012/2005)...... 69 The Terrorism Bill ...... 70 The Ramzy case: the UK’s government’s latest attempt at undermining the prohibition of torture 71 Torture ‘evidence’ (update to AI Index: EUR 01/002/2005)...... 71 Renditions...... 72 Police Shootings ...... 72 The killing of Jean Charles de Menezes (see United Kingdom: Full circumstances into fatal shooting must be investigated, AI Index: EUR 45/027/2005; and United Kingdom: The killing of Jean Charles de Menezes, AI Index: EUR 45/032/2005)...... 72 The killing of Harry Stanley ...... 73 UK armed forces in Iraq...... 73 Guantánamo Bay (update to AI Index: EUR 45/001/2005)...... 75 Undermining the right to seek and enjoy asylum ...... 76 Army training practices called into question (update to AI Index: EUR 01/012/2005) ...... 76 Prisons ...... 76 Northern Ireland...... 77 Collusion and political killings (update to AI Index: EUR 01/012/2005)...... 77 The end of the Irish Republican Army (IRA) armed campaign ...... 77 Abuses by non-state actors...... 77 UZBEKISTAN ...... 77 The need for an independent international investigation into the Andizhan events (update to AI Index: EUR 01/012/2005)...... 77 Extradition requests and forcible returns...... 78 Unfair trials of 13 May suspects ...... 80 Clampdown on dissent (update to AI index EUR 01/012/2005) ...... 81 Death penalty...... 83 Presidential decree on abolition of the death penalty from 2008 ...... 83

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Europe and Central Asia

Summary of Amnesty International’s Concerns in the Region

July – December 2005

FOREWORD

This bulletin contains information about Amnesty International’s main concerns in Europe and Central Asia between July and December 2005. Not every country in the region is reported on; only those where there were significant developments in the period covered by the bulletin, or where Amnesty International (AI) took specific action.

A number of individual country reports have been issued on the concerns featured in this bulletin. References to these are made under the relevant country entry. In addition, more detailed information about particular incidents or concerns may be found in Urgent Actions and News Service Items issued by AI.

This bulletin is published by AI every six months. References to previous bulletins in the text are:

AI Index EUR 01/01/98 Concerns in Europe: July - December 1997 AI Index EUR 01/02/98 Concerns in Europe: January - June 1998 AI Index EUR 01/01/99 Concerns in Europe: July - December 1998 AI Index EUR 01/02/99 Concerns in Europe: January - June 1999 AI Index EUR 01/01/00 Concerns in Europe: July - December 1999 AI Index EUR 01/03/00 Concerns in Europe: January - June 2000 AI Index EUR 01/001/2001 Concerns in Europe: July - December 2000 AI Index EUR 01/003/2001 Concerns in Europe: January-June 2001 AI Index EUR 01/002/2002 Concerns in Europe: July - December 2001 AI Index EUR 01/007/2002 Concerns in Europe: January – June 2002 AI Index EUR 01/002/2003 Concerns in Europe and Central Asia: July – December 2002 AI Index EUR 01/016/2003 Concerns in Europe and Central Asia: January – June 2003 AI Index EUR 01/001/2004 Concerns in Europe and Central Asia: July – December 2003 AI Index EUR 01/005/2004 Concerns in Europe and Central Asia: January – June 2004 AI Index EUR 01/002/2005 Concerns in Europe and Central Asia: July – December 2004

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2 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, July – December 2005

police had not permitted a lawyer to visit ALBANIA his son.

Political developments According to its Annual Report for 2005, the Office of the People’s Advocate Following elections in July, the new received many complaints from prisoners government was sworn into office in that they had been ill-treated by guards. September. The Democratic Party, led by After investigations, the People’s Prime Minister Sali Berisha, held the Advocate concluded that guards had ill- majority of seats in the governing treated prisoners at prison 302 on 6 coalition. November, and at Peqin prison on 24 December; however, many other such Police ill-treatment and torture complaints were not substantiated.

Reports of the ill-treatment and torture On 16 November the People’s Advocate of detainees by law enforcement officers recommended to the government that continued. The People’s Advocate Article 86 of the Criminal Code, dealing (Ombudsperson) reported that V.P. with torture and other inhuman or complained that on 9 November he had degrading acts, be amended, so that its been punched and beaten with definition of torture would accord with truncheons while being interrogated (in the definition given in the Convention Tirana) by judicial police officers from against Torture. Fier Police Station. A forensic medical examination certified that he had four Conditions of detention bruises inflicted by a heavy instrument. The People’s Advocate, after Conditions of detention were generally investigating this complaint, concluded harsh and characterized by over- that it was genuine and recommended crowding, poor hygiene, sanitation and that two or more police officers diet, and inadequate medical care. In responsible for V.P.’s ill-treatment be September the People’s Advocate wrote prosecuted for committing “arbitrary to the authorities to urge that funds be 1 acts”. assigned to provide food for people held in police custody. He emphasised that if Novruz Hoxha reportedly alleged that their families did not bring them food, police officers in Tirana had brutally they could be held for up to three days beaten his son, Agron Hoxha after they without meals, apart from the left-overs arrested him in November (Agron Hoxha from police officers’ meals. had earlier been sentenced in absentia to five and a half years’ imprisonment and Conditions were especially poor in had taken on a false identity). Novruz remand cells in police stations. In August Hoxha alleged that when he went to the police sources in Durrës expressed police station to visit his son, he was concern about overcrowding and lack of given his son’s clothes which were ventilation in cells, where detainees were soaked in blood. He further alleged that sleeping on the floor for lack of room. The Albanian Helsinki Committee stated in December that during 2005 it had received 263 complaints from remand 1 Annual Report of the People’s Advocate for prisoners about their conditions of 2005; persons who send complaints to the detention and treatment. It described People’s Advocate are identified in its annual conditions in Vlora remand centre as reports by initials only. particularly harsh, with severe over-

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Europe and Central Asia 3 Summary of Amnesty International’s Concerns in the Region, July – December 2005

crowding as a result of which some Domestic violence against women convicted prisoners continued to be held together with remand prisoners and Violence against women in the family sometimes children (between 14 and 17 was widespread; the Institute of Forensic years old), shared cells with adult Medicine in Tirana, which covers Tirana detainees, in violation of domestic law. district, reportedly examined on average Conditions in prisons, though somewhat two cases involving domestic violence a better, were also crowded. In December day. However, most incidents of some prisoners in Peqin prison were domestic violence went unreported. The reportedly sleeping on the floor for lack victims, generally women, often did not of sufficient beds. These conditions led to make complaints against their partners, frequent protests by detainees. because of shame, fear of reprisal, a desire to maintain family unity, or lack of Trafficking confidence in the efficacy of the courts, which rarely took into account a history The Ministry of the Interior estimated of repeated domestic violence. In July that between 250 and 300 women and Idlir Limani stabbed several times and children were trafficked during 2005, seriously wounded his wife, who had while conceding that the figure might be returned to her parents because he somewhat higher; it stated that child frequently was violent to her. In victims of trafficking amounted to less November he was sentenced to three than 10 per cent of the total. There were years and four months’ imprisonment. 332 prosecutions on charges of people His wife’s parents wrote to the trafficking, trafficking for prostitution and authorities, protesting that his sentence related crimes. was too low.

The Serious Crimes Court in July There were signs of greater public sentenced Xhevair Lusha (in absentia) to awareness of this issue. In November a 18 years' imprisonment and Baftjar group of domestic non-governmental Gjana to 15 years, on a charge of organizations began to collect signatures trafficking two young women to Italy and for a petition to parliament to pass a law Belgium where they were forced into which they had drafted “On measures prostitution. In December the same court against violence in family relations", ordered the confiscation of the property aiming both to prevent such violence and of Baftjar Gjana. to introduce procedures to give victims of domestic violence effective protection, as In October trial proceedings started envisaged in the 2003 Family Code. against Hymet Kreka, Nazmi Kreka and Ziko Lena (the latter in absentia) before the Serious Crimes Court on a charge of BELARUS trafficking babies to Greece. International concern about human In November the UN Special Rapporteur rights on the sale of children, child prostitution and child pornography, following a visit The international community continued to Albania called on the authorities to to respond to human rights violations in “develop a national child protection Belarus. On 7 July, the European system aimed at combating the poverty Parliament passed a non-binding that drives exploitation”. resolution condemning human rights violations in Belarus, and calling on the European Union to consider extending

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sanctions against Belarus’ government in 49/013/2002). Footage of the response to violations of media freedoms. demonstration shows his wife, Svetlana On 16 September, the Committee on Zavadskaya, being punched in the face Legal Affairs and Human Rights of the by riot police officers. Svetlana Council of Europe Parliamentary Zavadskaya made a request to the Assembly (PACE) adopted a declaration district procuracy to start a criminal case condemning “the systematic and against the police officer who had hit her, worsening campaign of intimidation and but the request was rejected on the persecution of independent journalists grounds that Svetlana Zavadskaya had and civil society activists in the Republic allegedly attacked the police officer first. of Belarus”. An appeal to the Central District Court against the district procuracy decision Freedom of expression, association was also rejected. and assembly (Update to AI Index: EUR01/012/2005) On 26 July, Andrei Pochebut, Yusef Pozhetsky and Mecheslav Yaskevits, Human rights organizations, already three prominent members of the Union of severely hampered in their work by Poles of Belarus, were detained by the bureaucratic registration requirements authorities and later given 10 to 15-day and controversial guidelines, faced sentences for protesting at government further obstructions. In July, a interference in the running of the Union. presidential decree limited the financial Police subsequently seized control of the support such groups could receive from Union headquarters. The three men were Belarusian organizations and donors. In convicted of “participating in an illegal August, international financial support for protest in Shchuchyn on July 3 and any activities that “aimed to change the disobeying the orders of the police”. The constitutional order in Belarus, overthrow government had refused to acknowledge state power, interfere in internal affairs election results which removed of the Republic of Belarus, or encourage government supporters from the the carrying out of such activities” was leadership of the Union. prohibited by amendment of a presidential decree of 22 October 2003. Two activists from the youth movement On 25 November, a set of amendments Khmara in Georgia, Luka Tsuladze and to the Criminal Code and the Criminal Giorgi Kandelaki, were detained on 24 Procedural Code further limited freedom August in Minsk, along with Uladzimir of expression and of association and Kobets from Zubr, the Belarusian youth assembly. For example, one amendment opposition movement. Uladzimir Kobets to article 193 of the Criminal Code was released after two hours. Luka introduced a penalty of up to three years’ Tuladze and Giorgi Kandelaki were held imprisonment for acting in the name of incommunicado without charge until 29 an unregistered organization. Another August when they were charged with new article, on “discrediting the Republic “petty hooliganism” for allegedly of Belarus”, allows criminal penalties for swearing at a third inmate in their cell; providing false information about the they were given an administrative country to international organizations. sentence of 15 days’ imprisonment. Only on 30 August, six days after their On 7 July police dispersed a detention, were they allowed access to a demonstration to commemorate the lawyer and to Georgian consular officials anniversary of the “disappearance” of who travelled from Ukraine and Russia. television camera operator Dmitry AI believed that the two men were being Zavadsky in 2000 (see AI Index: EUR held solely for their political activities, to

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punish them for peacefully exercising in prison on 7 September 2004 for their right to freedom of expression, and publicly insulting the president in a that the administrative charge against satirical leaflet. Valery Levonevsky them had been fabricated. On 2 remains in prison. September, the Minsk city court overturned the earlier court decision and Death penalty (update to AI Index: the two men were released (see AI Index: EUR 01/001/2004) EUR 49/010/2005). In July, the deputy head of the On 16 September, police attempted to presidential administration said that disrupt a demonstration to observe the abolition of the death penalty “could be anniversary of the “disappearance” of considered” once social and economic opposition leaders Viktor Gonchar and preconditions were in place. Despite this Anatoly Krasovsky in 1999, and statement from the government, there reportedly beat five Zubr protesters. One were no moves to end the use of the of them, Mikita Sasim, was treated in death penalty, and there was no hospital for head injuries. information about the number of executions carried out in 2005. Prisoners of conscience (updates to AI Index: EUR 01/001/2004 and AI Index: EUR 49/017/2004) BOSNIA-HERZEGOVINA

On 5 August, Yury Bandazhevsky was General and political developments conditionally released under an amnesty declared by President Alyaksandr Bosnia and Herzegovina (BiH) remained Lukashenka to commemorate the end of divided in two semi-autonomous entities, the Second World War, after serving four the Republika Srpska (RS) and the years of an eight-year sentence. A Federation of Bosnia and Herzegovina former rector of Gomel State Medical (FBiH), with a special status granted to Institute, he had been convicted in June the Brčko District. The international 2001 of bribe-taking, although AI community continued to exert significant believes that the real reason for the influence over the political process in BiH, prosecution was his criticism of official as part of the civilian implementation of responses to the Chernobyl nuclear the Dayton Peace Agreement, led by a reactor catastrophe of 1986. He High Representative whose nomination is remained subject to restrictive conditions, proposed by the Peace Implementation among them reporting regularly to the Council and then endorsed by the UN police and being barred from any Security Council (UNSC). Approximately managerial or political functions. In 6,500 troops of the European Union addition he was required to pay a fine of (EU)-led peacekeeping force EUFOR 35 million Belarusian roubles remained in BiH to ensure the (US$17,000), the amount he was alleged implementation of the Dayton Peace to have taken in bribes, before being Agreement and to contribute to a safe allowed to travel abroad. and secure environment in BiH. In addition to EUFOR, about 150 North Alexander Vasiliev was released from Atlantic Treaty Organisation (NATO) prison on 7 July under the same May troops remained in the territory of BiH, amnesty. Alexander Vasiliev, the deputy reportedly to provide support to the president of the national strike International Criminal Tribunal for the committee of market traders, and Valery former Yugoslavia (Tribunal) with regard Levonevsky were sentenced to two years to the detention of persons indicted for

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war crimes, to combat terrorism and to War crimes and crimes against assist the BiH authorities in defence humanity (update to AI Index: EUR reform. The European Union Police 01/012/2005) Mission, composed of approximately 400 police officers and other personnel, International investigations and remained tasked with monitoring and prosecutions supervising the activities of the local police. The Tribunal continued to try alleged perpetrators of war crimes and crimes Following an agreement reached in July against humanity committed during the by members of a defence reform violent collapse of Yugoslavia. A total of commission, in October the BiH House of six publicly indicted suspects remained at Peoples adopted a new Law on Defence large at the end of December. Under the of BiH and a Law on Service in the Armed terms of the “completion strategy”, laid Forces of BiH. The defence reform down in UNSC Resolutions 1503 and process envisages the abolition (from 1534, the Tribunal had completed all January 2006) of the entities’ ministries investigations and indictments for war of defence and the creation of a crimes, crimes against humanity and professional BiH army with unified genocide at the end of 2004 and is command. expected to complete all trials including appeals, by 2010. Between July and After delays, and under strong December, the Tribunal decided the international pressure, the RS National referral of cases involving seven accused Assembly voted in October to accept a to BiH in order to meet the tight deadline proposed police reform envisaging the imposed by the “completion strategy”. creation of a more integrated police force, For six of the accused, an appeal on the with some police regions crossing the decision to refer was still pending at the inter-entity boundary line. The failure to end of the period under review. reach an agreement on police reform was the last remaining obstacle to the The trial continued of former president of opening of negotiations for a Stabilisation the Federal Republic of Yugoslavia, and Association Agreement (SAA) Slobodan Milošević, who is accused of between the EU and BiH; SAA war crimes and crimes against humanity negotiations began in November. for his alleged involvement in the wars in Croatia, BiH and Kosovo. Slobodan The special Human Rights Commission Milošević is also accused of having within the BiH Constitutional Court planned, instigated, ordered, committed continued to deal with the backlog of or otherwise aided and abetted genocide, cases registered with the BiH Human in connection with his alleged role in the Rights Chamber before its closure in war in BiH. December 2003. Between July 2005 and December 2005 the Commission had In August Milan Lukić, a former member resolved 1,657 applications while 2,696 of a Bosnian Serb paramilitary group, remained pending. indicted by the Tribunal for war crimes and crimes against humanity, including extermination, persecution, murder and inhumane acts, committed against the non-Serb population in the Višegrad area, was arrested in Argentina by the local police. The indictment inter alia alleges that the crime of persecution was

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perpetrated, executed and carried out by In December Miroslav Bralo, former and through the murder of Bosnian member of the Croatian Defence Council, Muslims and other non-Serb civilians; the the Bosnian Croat armed forces cruel and inhumane treatment of Bosnian (Hrvatsko vijeće obrane) was sentenced Muslims and other non-Serb civilians by the Tribunal to 20 years’ including severe beatings over extended imprisonment for crimes committed in periods of time; the unlawful detention 1993 in the Ahmići area against the non- and confinement of Bosnian Muslims and Croat population. The Tribunal inter alia other non-Serb civilians under inhumane found that Miroslav Bralo and others conditions; the harassment, humiliation, participated in a surprise attack on the terrorisation and psychological abuse of village of Ahmići, “with instructions to Bosnian Muslim and other non-Serb ethnically cleanse the village, to kill the civilians; and the theft and destruction of Muslim men of military age, to burn all personal property of Bosnian Muslims Muslim residences, and to expel all the and other non-Serb civilians. Milan Lukić Muslim residents from the village”. In a remained in detention in Argentina at the plea agreement with the Prosecution end of December. Miroslav Bralo had pleaded guilty to charges of persecutions on political, Also in August, former sub-commander racial and religious grounds, murder, of the RS military police and paramilitary torture, outrages upon personal dignity leader in Foča, Dragan Zelenović, jointly including rape, unlawful confinement, indicted with Gojko Janković on charges and inhuman treatment. of torture and rape as war crimes and crimes against humanity committed Cooperation between the RS authorities against the non-Serb population in the and the Tribunal remained inadequate. city and municipality of Foča, was So far not a single person indicted by the arrested in the Russian Federation, Tribunal has been arrested by the RS where he remained in detention at the police. In his address to the UNSC in end of the year. December, the President of the Tribunal noted that despite encouraging signs, the In September Sredoje Lukić, jointly cooperation of the RS with the Tribunal indicted with Milan Lukić for war crimes “remains insufficient” due to the failure and crimes against humanity committed to provide information that could lead to in the Višegrad area, voluntarily the arrest of Radovan Karadžic and Ratko surrendered and was transferred to the Mladić. Radovan Karadžic and Ratko Tribunal’s custody. Mladić face charges, including of genocide, for their alleged role in crimes In November Sefer Halilović, former committed against the non-Serb Chief of the Main Staff of the Army of population, including the mass Bosnia and Herzegovina (Armija Bosne i executions of thousands of Bosniaks Hercegovine, ABiH), suspected of murder (Bosnian Muslims) in Srebrenica in 1995. as a war crime for the killing of non- Bosniaks (non-Muslims) in the villages of Domestic investigations and Uzdol and Grabovica, was acquitted on prosecutions the grounds that it had not been established beyond reasonable doubt The domestic criminal justice system that he was either de jure or de facto continued to fail to take steps to actively commander during combat operations prosecute alleged perpetrators, despite when the crimes were committed. the first convictions for war crimes in trials before RS courts. Victims and witnesses, particularly in proceedings

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conducted at the entities’ courts, In November, for the first time since the remained without adequate protection end of the war, a war crimes trial before from harassment, intimidation and a RS court against Bosnian Serb threats. There continued to be concerns perpetrators ended with a conviction. The over the lack of financial and other Banja Luka District Court sentenced resources needed to ensure the long- former members of the RS police forces term sustainability of the War Crimes Drago Radaković, Draško Krndija and Chamber within the BiH State Court and Radoslav Knežević to between 15 and 20 to enable it to carry out its activities years’ imprisonment for the murder of six effectively. However, some trials for war Bosniak civilians in Prijedor in 1994. crimes opened or continued before local courts. In December Boro Krsmanović was sentenced by the Sarajevo Cantonal In July Abduladhim Maktouf, a BiH citizen Court to four years’ imprisonment for his of Iraqi origin, was sentenced to five role, as a member of Bosnian Serb forces, years’ imprisonment for his role in the in attacks against villages in the Hadžići abduction, by foreign volunteers fighting area and in crimes against the non-Serb on the side of Bosniak forces, of non- population. The Banja Luka District Court Bosniak civilians who were transferred sentenced former Bosnian Serb Army and detained in a detention camp in (Vojska Republike Srpske, VRS) member Orašac. Detainees in the camp were Nikola Dereta to 13 years’ detention for beaten and ill-treated and one of them the murder of one Bosniak civilian and was beheaded. The sentence was the attempted murder of his father, in quashed on appeal in November and a the village of Štrbine. Also in December, retrial was ordered. the Prosecution at the BiH State Court confirmed indictments against 11 In September the first trial before the Bosnian Serbs suspected of involvement War Crimes Chamber within the BiH in the Srebrenica massacre in 1995. State Court began. The accused, Boban Šimšić, is a former RS policeman An investigation into the murder of suspected of having committed war Father Tomislav Matanović and his crimes against the civilian population in parents was reportedly still ongoing, led the Višegrad area. Also in September, by the Banja Luka District Prosecutor. the BiH State Court confirmed the Father Tomislav Matanović, a Roman indictment against Dragoje Paunović, Catholic priest, and his parents had who is accused of crimes he allegedly “disappeared” in 1995 and their bodies committed in 1992 in the Rogatica area were found in 2001 near Prijedor, with against the non-Serb population. In close-range gunshot wounds. In February March Dragoje Paunović had voluntarily the Banja Luka District Court had surrendered to the office of the Chief acquitted 11 former police officers from Prosecutor of the Sarajevo Canton and Prijedor of charges of having illegally his case was subsequently transferred to detained Father Tomislav Matanović and the War Crimes Chamber. his parents in 1995. An appeal against the acquittal was pending at the end of In October Konstantin Simonović was the period under review. found guilty by the Brčko Basic Court for war crimes against non-Serbs, including Unresolved 'disappearances' and torture, detained in the Luka camp near Srebrenica commission (update to AI Brčko. Index: EUR 01/012/2005)

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According to estimates of the ensure its implementation within three International Commission on Missing months. The Human Rights Chamber had Persons (ICMP), between 15,000 and ordered the RS to carry out a full 20,000 persons who went missing during investigation into the “disappearance” of the 1992-1995 war were still Avdo Palić, with a view to bringing the unaccounted for. Many of the missing perpetrators to justice, to securing the were victims of “disappearances”; the release of Avdo Palić, if still alive, or perpetrators continued to enjoy impunity. otherwise to making available his mortal remains to the family and to making all In a ceremony in July marking the tenth information and findings relating to his anniversary of the Srebrenica massacre, fate and whereabouts available to the the remains of 610 victims were buried family. ABiH Colonel Avdo Palić had at the Potočari Memorial. At the end of “disappeared” after reportedly being the year the remains of approximately forcibly taken by VRS soldiers from the 5,000 victims had been recovered, and UN Protection Force compound in Žepa over 2,800 victims had been identified. on 27 July 1995. He had gone there to negotiate the evacuation of civilians from In August the BiH Council of Ministers the town which had just surrendered to became the co-founder, along with the the VRS. ICMP, of a state-level Missing Persons Institute (MPI). The MPI is taking over Right to return in safety and with the tasks of the two entity-level bodies dignity (update to AI Index: EUR tasked with conducting exhumation and 01/012/2005) identification procedures and determining the fate of those who went missing More than one million refugees and during the war. internally displaced persons (IDPs) have returned to their homes since the end of In September a working group appointed the 1992-95 war, from an estimated 2.2 by the RS to study documentation million persons who had been displaced produced by the Srebrenica Commission by the conflict. According to the UN High presented a report to the High Commissioner for Refugees (UNHCR) Representative which attempted to list all field mission in BiH, in 2005 persons allegedly involved in crimes approximately 6,400 refugees and IDPs committed in Srebrenica in July 1995. returned to their pre-war homes. Of The report was forwarded to the Office of these, approximately 5,800 were the BiH Prosecutor. A first report of the registered as minority returns. working group, presented in March, was deemed unsatisfactory, for reasons Lack of access to employment continued including the failure of the RS Ministry of to be a major factor in people’s decision the Interior and Ministry of Defence to not to return to or remain in their pre- fully cooperate with the working group war community. Employment and to provide specific data on opportunities were scarce in general, individuals deployed in military reflecting the weak economic situation operations in Srebrenica in July 1995. and difficulties of economic transition and post-war reconstruction. In addition, In September the Human Rights returnees faced discrimination on ethnic Commission within the BiH Constitutional grounds when trying to find work and, in Court concluded that a 2001 decision of some cases, ethnically motivated the BiH Human Rights Chamber on the harassment and attacks. “disappearance” of Avdo Palić had not been implemented and ordered the RS to

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UN Committee against Torture access to requested documents and potential witnesses; to provide In December the UN Committee against information in connection with criminal Torture (Committee) issued its proceedings, extending mutual judicial concluding observations after considering assistance to and cooperating with other BiH’s initial report on measures to give relevant countries and the Tribunal; to effect to the rights enshrined in the enforce relevant legislation, including Convention against Torture. providing protection of witnesses and other participants in proceedings; to The Committee, with respect to acts of develop legal and other measures, torture and ill-treatment committed enforceable throughout the State, during the war, expressed concern at: including an official programme for the the reported failure by the BiH authorities rehabilitation of victims of torture to carry out prompt and impartial including sexual violence, providing them investigations, to prosecute the recognition as victims and the capacity to perpetrators and to provide fair and pursue redress and their right to fair and adequate compensation to victims; adequate compensation and alleged discriminatory treatment in rehabilitation. criminal proceedings whereby officials belonging to the ethnic majority often fail Moreover, the Committee inter alia to prosecute alleged criminals belonging expressed concern at the lack of separate to the same ethnic group; reported facilities for imprisoned men, women and harassment, intimidation and threats children; and at reports of violence faced by witnesses and victims testifying between prisoners and reported cases of in proceedings and the lack of adequate sexual violence in prisons and places of protection; the failure to recognize detention. The Committee called on BiH survivors of torture, including sexual to ensure that men, women and children violence, as victims of the conflict, a are kept in separate facilities while in status which would enable them to obtain detention, to investigate promptly all redress and exercise their right to fair allegations of violence within detention or and adequate compensation and prison establishments and to take rehabilitation; and the failure to measures to prevent such incidents. cooperate adequately with the Tribunal, in particular on the part of the RS, by failing to arrest and transfer indicted CROATIA persons. General and political developments The Committee called on BiH: to take effective measures to ensure prompt and In October, after the prosecutor of the impartial investigations into all International Criminal Tribunal for the allegations of torture and other cruel, former Yugoslavia (Tribunal) assessed inhuman or degrading treatment, the that Croatia was fully cooperating with prosecution and punishment of the the Tribunal, the European Union (EU) perpetrators, irrespective of their ethnic Council decided to open membership origin, and the provision of fair and talks with Croatia. The EU Council agreed adequate compensation for victims; to that less than full cooperation with the extend full cooperation to the Tribunal, Tribunal at any stage would affect the inter alia by ensuring that all indicted overall progress of the negotiations and persons are apprehended, arrested and could be grounds for their suspension. In transferred to the custody of the Tribunal, March the EU Council had decided to as well as by granting the Tribunal full delay accession negotiations with Croatia

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due to the failure of the Croatian Croatian cities, the largest of which saw authorities to fully cooperate with the the participation of an estimated 50,000 Tribunal. people in Split.

War crimes and crimes against Domestic prosecutions humanity (update to AI Index: EUR 01/012/2005) Trials for war crimes and crimes against humanity continued or started before International prosecutions local courts, often in absentia; the vast majority of such trials were against In November the case of Rahim Ademi Croatian Serb defendants. There and Mirko Norac was officially transferred continued to be widespread impunity for by the Tribunal to Croatia. The Tribunal crimes allegedly committed by members Prosecution had requested the transfer of of the Croatian Army and police forces the case to Croatia in 2004. Mirko Norac and reportedly no new prosecutions were was already serving a prison sentence in initiated in such cases in the period Croatia after being convicted in 2003 by under review, despite the opening, or the Rijeka County Court of war crimes reopening of investigations into cases of against non-Croat civilians. Both accused war-time murders of Croatian Serbs. are former Croatian Army commanders and are charged of crimes against Proceedings continued against 27 humanity and war crimes committed Croatian Serbs, Roma and Ruthenians, against Croatian Serbs during military 18 of whom are being tried in absentia, operations in the so-called “Medak at the Vukovar County Court, in what is pocket” in 1993. The accused face reportedly the biggest war crimes trial charges of persecutions, plunder of ever held in Croatia. The defendants, property, wanton destruction of cities, who face charges of genocide, are towns and villages, and the murder of suspected of having committed in 1991 ethnic Serb civilians and captured and/or and 1992 crimes against the civilian wounded soldiers. population of the village of Mikluševci, near Vukovar. The trial had initially In December Former Croatian Army started in 2004 on the basis of an General Ante Gotovina was arrested in indictment issued in 1996 against 35 Spain, apparently after the Croatian suspects and was suspended upon authorities had provided the Tribunal request of the prosecutor, after it was with information on his whereabouts. He ascertained that eight of the accused was subsequently transferred to the named in the indictment had meanwhile custody of the Tribunal, where he died. The trial had restarted in April 2005. remained in pre-trial detention. Ante Gotovina is indicted by the Tribunal on In September the trial restarted at the seven counts of persecutions, murder Karlovac County Court of a former (including the murder of at least 150 member of the Croatian special police on Croatian Serbs by means of shooting, charges of having killed 13 disarmed burning or stabbing), plunder of property, Yugoslav People’s Army reservists in wanton destruction of cities, towns and 1991, by firing bursts from his machine villages, deportation and forced gun. His earlier acquittal by the Karlovac displacement and other inhumane acts County Court had been overturned by allegedly committed in 1995 during the Croatian Supreme Court in 2004. The Operation “Storm”. The arrest of Ante retrial started at the Split County Court Gotovina was followed by rallies and of eight former members of the Croatian gatherings in support of him in various Military Police, accused of having

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tortured and murdered non-Croat The Croatian Government Bureau for detainees in Split’s Lora military prison in Detained and Missing Persons was still 1992. Four of the accused are being tried searching for approximately 1,100 in absentia. An initial trial held in 2002 missing persons, mostly from the first ended with the acquittal verdict of all phase of the 1991-95 war. This figure did suspects, subsequently overturned by not include people, mostly Croatian Serbs, the Croatian Supreme Court who went missing during military operations “Storm” and “Flash” in 1995 Also in September, five former members and who in many cases were victims of of a Croatian Ministry of the Interior “disappearances” allegedly committed by reserve unit were convicted by the members of the Croatian Army and police Zagreb County Court and sentenced to forces. The perpetrators of these crimes between three and 10 years of detention, largely continued to enjoy impunity. for the murder of a man (whose identity remains unknown) and for having In August, after civil proceedings held at abducted and detained three Croatian the Otočac Municipal Court, the family of Serbs resident in Zagreb who were later Milan Škendžić, a “disappeared” Croatian killed by unknown perpetrators in Serb, was awarded 690,000 Kunas Pakračka poljana. Two of the accused (approximately 95,000 Euros) in went into hiding the day after the verdict compensation for emotional distress. was issued and remained at large at the Milan Skendžić “disappeared” in 1991 end of the period under review. after having been taken into the custody of the Croatian police; his fate and In July an investigation was launched whereabouts remain unknown. The into murders and “disappearances” of Otočac Municipal Court reportedly held Croatian Serb civilians in Osijek in 1991- that Milan Skendžić was arrested and 92. In October two suspects, reportedly detained because of his ethnicity and former members of the Croatian Army, unsubstantiated allegations of were arrested on suspicion of involvement in “terrorist” activities. involvement in the wartime murder of four Croatian Serbs. In December Anto Right to return (update to AI Index: Ðapic, President of the Croatian Party of EUR 01/012/2005) Rights and mayor of Osijek, disclosed to the media the names of 19 potential Approximately 300,000 Croatian Serbs witnesses to crimes allegedly committed left Croatia during the 1991-95 war, of against Croatian Serbs in Osijek, leading whom only approximately 120,000 are to concerns about their safety and their officially registered as having returned. willingness to testify in court. Also in December Drago Hedl, a journalist with Croatian Serbs continued to be victims of the Croatian weekly Feral Tribune who discrimination in access to employment has widely reported on war crimes and in realising other economic and committed against Croatian Serbs, social rights. Many Croatian Serbs, including in Osijek, received an especially those who formerly lived in anonymous death threat and was urban areas, could not return because reportedly offered protection by the they had lost their tenancy rights to Croatian police. socially-owned apartments. During and after the war, the Croatian authorities Unresolved ‘disappearances’ (update discriminatorily applied against Croatian to AI Index: EUR 01/012/2005) Serbs provisions ending the tenancy right, in those cases where the property had been vacated for six months. In applying

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such provisions the Croatian authorities expelled to Iran. In her report, the typically failed to take into consideration Ombudsperson said that his arrest and the circumstances of the war which may detention were arbitrary, and that the have forced Croatian Serbs to flee their expulsion was in violation of the principle homes or may have prevented them of non-refoulement − that those seeking from remaining in their flat. These asylum should not be forcibly returned to circumstances included violent attacks, countries where they risked serious harassment and discrimination and, in human rights abuses. some cases, the forced eviction of Croatian Serbs by members of the Excessive use of force Croatian Army and police forces. On 18 July members of the special police Cases of violence and harassment by Mobile Immediate Response Unit (known non-state actors against Croatian Serbs as MMAD) were alleged to have used continued to be reported and appeared to excessive force against demonstrators have increased. These have included and journalists at a picket by striking racist graffiti, assaults, threats, and other lorry drivers. In response to a complaint violent acts. The investigation into the by the Union of Journalists, the murder in May of an elderly Croatian Ombudsperson carried out an Serb man in Karin, near Zadar, was still investigation. She concluded that the ongoing at the end of the period under police had exhibited “unpardonable review. In August unknown perpetrators negligence” and that they failed to inform threw a bomb in the yard of a house the strikers about their “intention to owned by a Croatian Serb in the Imotski ensure, using any possible means, region, causing damage to the building. including violence, lorry access across In October and November two Croatian the picket line”. The Ombudsperson also Serb returnees were killed by explosive concluded that “the situation [which led devices in a wood in the village of Jagma, to the beating and arrest of one in the Lipik municipality. The incidents cameraman in particular] was not of an raised particular concern since they intensity or gravity and did not bear a occurred, under similar circumstances, in serious or direct danger such that would an area that was not considered affected justify the involvement of the police by mines. The Croatian authorities were officer in charge [as was the case]”. Her still investigating the incidents. report recommended that the police reconsider their role in policing future demonstrations to ensure that the CYPRUS public’s rights to freedom of assembly and information were not compromised Detention and deportation of foreign and that their actions during the policing nationals of such demonstrations were not excessive. In July the Ombudsperson reported having received complaints from foreign Allegations of ill-treatment nationals applying for asylum who said they had been detained in police stations, In the early morning of 20 December MP ill-treated and forced to sign declarations and YN, both aged 27, were arrested by withdrawing their requests for asylum. MMAD officers in Nicosia after allegedly The Ombudsperson cited one case, of an being suspected of drug dealing because Iranian asylum-seeker who was arrested they had been speaking through their car in February, detained for three months in windows while the cars were stopped Limassol police station and subsequently side by side in an empty street. The

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officers, who were in plain clothes, commended the authorities on the reportedly dragged the two out of their introduction of legislation to combat cars after the men had refused to comply racial discrimination and human with search orders and had asked to trafficking and to promote police examine the officers’ identity cards. The accountability, but retained concerns two men were allegedly dragged onto the about conditions of imprisonment, pavement, punched and kicked detention and deportation of migrants intermittently for about an hour by and asylum-seekers, the limitations of around five officers while being mocked anti-trafficking policies, the lack of by another eight officers from the special shelters for victims of domestic violence, unit has well as from the special traffic the punitive length of alternative civilian unit (known as unit “Z”) and the main service and the treatment of persons police force. They were then taken to the suffering from mental illness. Lycavitos police station and charged with resisting arrest and assaulting the police officers (the anti-drug squad which had GEORGIA been called to search the cars established that the suspicions of drug Torture and ill-treatment dealing were unfounded). MP was taken from the police station to hospital where UN Special Rapporteur on torture and he was diagnosed with cranial and arm other cruel, inhuman or degrading fractures and kept in for treatment. YN, treatment or punishment who also suffered a fractured arm, was taken to the detention area of the central In his September 2005 report covering prison and kept there until the next day. his mission to Georgia in February 2005 the UN Special Rapporteur on torture and Conscientious Objection other cruel, inhuman or degrading treatment or punishment concluded that On 1 July an amendment to the law on “torture persists in Georgia, perpetuated conscientious objection was placed primarily by a culture of impunity”. He before parliament for approval. The also noted certain positive steps taken by amendment reduced the length of the authorities to combat torture and ill- alternative civilian service and recognized treatment, but pointed out that “credible conscientious objection on ideological and reliable allegations of torture and ill- grounds (under the current law treatment continued to be received”. conscientious objector status is only Among other things, he recommended to granted on the basis of religious the authorities of Georgia that “[j]udges grounds). The law had not been and prosecutors [should] routinely ask approved by parliament by the end of persons brought from police custody how 2005. they have been treated and, even in the absence of a formal complaint from the Visit of international experts defendant, order an independent medical examination”; that “[a]ny public official Members of the Office of the Council of indicted for abuse or torture, including Europe’s Commissioner for Human Rights, prosecutors and judges implicated in Alvaro Gil-Robles, visited Cyprus between colluding in torture or ignoring evidence, 25 and 27 October in order to assess the be immediately suspended from duty authorities’ progress in addressing the pending trial, and prosecuted”; and that concerns raised by the Commissioner “[l]aw enforcement recruits undergo an during a previous visit to the island in extensive and thorough training 2003. The expert members of his office curriculum that incorporates human

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rights education throughout and that in a prompt, impartial and independent includes training in effective interrogation manner. In addition, there were severe techniques and the proper use of police shortcomings in the implementation of equipment, and that existing officers legal safeguards aimed at preventing receive continuing education”. torture and ill-treatment.

AI’s report Georgia: Torture and ill- The report detailed how methods treatment – still a concern after the allegedly used to torture or ill-treat “Rose Revolution” detainees since the “Rose Revolution” included electric shocks; putting plastic On 23 November AI published its report bags over the head of a detainee; entitled Georgia: Torture and ill- suspending a detainee from a pole treatment – still a concern after the between two tables; cigarette and candle “Rose Revolution” (AI Index: EUR burns; placing the barrel of a gun in a 56/001/2005). The report highlighted a detainee’s mouth threatening to shoot; number of positive steps taken since the threats to beat the detainee’s family; “Rose Revolution” in November 2003. gagging the detainee with a piece of These included the introduction of legal cloth to prevent them from shouting; amendments, Georgia’s accession to the beatings, including with truncheons and Optional Protocol to the UN Convention butts of guns, and kicking. against Torture in August 2005, extensive monitoring activities of The report concluded with a range of detention facilities under the jurisdiction recommendations by AI to the of the Ministry of Internal Affairs, international community and the conducted in particular by the office of Georgian authorities in order to eradicate the Public Defender of Georgia torture or other ill-treatment in the (Ombudsman), and the fact that several country. Key recommendations to the perpetrators of crimes amounting to Georgian authorities included to oblige all torture or ill-treatment were serving police officers to wear visible and unique prison terms handed down since the traceable identification numbers; to “Rose Revolution”. immediately suspend law enforcement officers who are placed under However, AI has continued to receive investigation for serious human rights reports about torture and ill-treatment. violations pending the outcome of the According to information documented by disciplinary and judicial proceedings AI in its report, many cases still do not against them, and to pay special come to light because police cover up attention to ending torture and ill- their crimes and detainees are often treatment in the regions of Georgia afraid to complain or identify the outside the capital. AI also recommended perpetrators for fear of repercussions. that the authorities set up a body Impunity for torture or other ill- independent of the police, procuracy and treatment remains a problem, with the justice system to carry out a detailed procurators failing to open investigations review of investigations conducted by law into all potential torture and ill-treatment enforcement officers into allegations of cases in a systematic manner. In dozens torture and ill-treatment and of judicial of cases where the procuracy had opened proceedings in such cases with the investigations, the perpetrators have not authority to present its findings, make been brought to justice. Case examples recommendations to the relevant featured in the report demonstrated that authorities, and have powers to issue a investigations into allegations of torture public report. or ill-treatment were often not conducted

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Individual cases involving executions, but retained the death allegations of torture or other ill- penalty and at the time of writing was treatment believed to hold at least two people on death row. In the period under review AI received a number of cases in which torture or other In his September 2005 report on his visit ill-treatment were alleged. to Georgia, including Abkhazia, in February 2005, the UN Special For example, Malkhaz Talakvadze was Rapporteur on torture called on the detained on 2 September 2005 at about authorities of Abkhazia to abolish the 5am after some 30 special unit police death penalty. He also raised concern officers, some of whom were masked, about the conditions on death row. broke into his house in Tskhantubo According to the authorities, there were district near the town of Kutaisi. two prisoners on death row, both According to his lawyer Zurab Rostiashvili, reportedly sentenced to death for police beat him, including with the butts premeditated, aggravated murder. On 20 of their guns, and he lost consciousness. February the Special Rapporteur visited According to Malkhaz Talakvadze, his them in the detention facility of the wife, mother-in-law and little daughter Ministry of Internal Affairs in Sukhum were also beaten. Nugzar Topuridze, an (referred to by the Georgians as independent forensic medical expert of Sukhumi). the firm Veqtori, who examined Malkhaz Talakvadze’s wife Irma Kanteladze on 7 According to the Special Rapporteur, one September, found many bruises on both of the death row prisoners, Ms Voloshina, shoulders. She complained about aged 50, who has been detained since headaches and dizziness. According to 1994 and was sentenced to death in the expert, the time period when the 1996, has been immobile due to illness bruises were sustained – as established for the last three years and has not in the medical examination – was received appropriate medical treatment consistent with the allegations made by for this condition. She was kept in a cell Irma Kanteladze. According to Zurab with 11 other women, who were either Rostiashvili, the judge ignored the awaiting trial or had been sentenced to allegations of ill-treatment raised by the prison terms of between one month and lawyer at the remand hearing at Tbilisi 10 years. The cell was dark and poorly city court. As of November Malkhaz ventilated. There were allegations that it Talakvadze was held in the investigation- was at times overcrowded with up to 20 isolation prison no. 1 in Tbilisi awaiting detainees in a cell designed for 12. The trial on charges of “illegal possession of Special Rapporteur reported that the drugs in particularly large quantities” detainees had no access to a radio or (Article 260, part 3) and “illegal telephone and no possibility of sending or production or sale of weapons” (Article receiving letters. 236). Mr Khaghba, the other death row Concerns in the disputed region of prisoner, was in a cell on his own which Abkhazia the Special Rapporteur described as dimly lit and poorly ventilated. Although The death penalty (update to AI Index: the Deputy Minister of Internal Affairs EUR 04/002/2004) assured the Special Rapporteur that the prisoner could take physical exercise To AI’s knowledge, Abkhazia continued to every day except on Sundays and have observe a de facto moratorium on regular family visits, according to the

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report “it was clear that the cell had not governmental organization (NGO) based been opened for a very long time”. The in Athens, made a complaint to the Special Rapporteur reported that “once prosecutor on behalf of six of his co- the guard unlocked the padlock to the nationals and one person originating heavy black steel door, he did not know from Indian-administered Kashmir. The how to open it. It finally took at least seven complainants claimed that on the three guards approximately five minutes night of 15 July a number of persons to slide the security bolt across and pry unknown to them, who are alleged to the door open.” The Special Rapporteur’s have been Greek plain-clothed police report did not indicate how long Mr officers, entered their house without Khaghba had been on death row. permission and without presenting a search warrant, blind-folded them, AI believes that Ms Voloshina – and searched the premises and then drove possibly also Mr Khaghba – has been them to an unknown location. Five of the kept in a state of continued uncertainty abductees were left near Omonia Square as to her ultimate fate and in harsh in Athens 48 hours later. They were prison conditions for many years. Such a blindfolded while being driven to the situation amounts to cruel and inhuman Square; upon release they were treatment. instructed not to remove the blindfolds for five minutes. The other two abductees were released in a similar way GREECE a week after their abduction. Throughout this period, friends and relatives of the Counter-terrorism abductees, as well as lawyers appointed by them, visited a number of police Reports appeared in the Greek and UK stations, the Athens Immigration media in December alleging that a group Department, and the Department of Anti- of Pakistani migrants were abducted in Terrorism seeking information about their July by Greek plain-clothed police officers, whereabouts. Officers in all of the detained incommunicado and stations and departments visited claimed interrogated. The abductions appear to that they had no information about them. have taken place in the context of international investigations into the Following the complaints being made London bombings of 7 July. Following public, other foreign nationals residing in requests by the British secret service, various parts of Greece came forward, known as MI6, for the Greek authorities’ claiming they had also been abducted in help in their investigations (through a similar way; reportedly, altogether 28 checking up on foreigners living in people had made such allegations public. Greece who might have been connected Following a preliminary judicial with al-Qa’ida), 1,004 search teams were investigation the Prosecutor for the set up in July and August. Checks were Supreme Court of Areios Pagos, Dimitris carried out on 5,432 persons; 2,172 Linos, announced on 19 December that migrants were questioned, of whom there were grounds for proceeding with 1,221 were arrested, and six of those the investigation. On 27 December, were deported. Of those questioned, 283 another complaint was filed by the were Pakistani nationals. It is not known abductees, against named persons who if lawyers were present during these appeared to be agents employed by the interrogations. Greek security services (EYP).

On 29 July, Javed Aslam, president of the Denial of refugee protection Pakistani Community of Greece, a non-

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The government continued to fail to Police ill-treatment comply with its obligations under international law in relation to providing On 13 December, in the case of Bekos access to asylum procedures and the and Koutropoulos v. Greece, the prohibition of refoulement (the principle European Court of Human Rights found that those seeking asylum should not be that Greece had violated provisions of forcibly returned to countries where they the European Convention on Human risk serious human rights abuses). On Rights (ECHR) which prohibit torture and several occasions groups of people other ill-treatment, and discrimination in arriving in Greece seeking asylum were the enjoyment of ECHR rights. The two forcibly expelled without being given applicants, Greek Roma who were access to asylum procedures. Cases were arrested in 1998, were taken to the reported on Greece’s coastline and some Mesolonghi police station where police islands, and at the border area of Evros. officers beat them with a truncheon and AI expressed its concerns about such iron bar, slapped and kicked them, practices in a report released on 5 threatened them with sexual assault, and October (Greece – Out of the Spotlight: verbally abused them. The police officers The Rights of Foreigners and Minorities in question were cleared of ill-treatment are Still a Grey Area, AI Index: EUR by both the internal police inquiry and 25/016/2005). AI delegates who the trial that ensued. In its judgment, the presented the report to the Minister of European Court of Human Rights found Public Order were told that such practices that the two Roma had suffered inhuman would be stopped, but further cases were and degrading treatment at the hands of subsequently reported. For example, on the police, that the authorities failed to 4 November a group of 141 people conduct an effective investigation into shipwrecked on Crete on 23 October the incident, and that the authorities were expelled to Egypt, reportedly failed to investigate possible racist without being given access to refugee motives behind the incident. protection or lawyers. In December, at least 14 people died while trying to cross Discrimination against Romani pupils the Greek-Turkish border – two bodies were discovered after explosions in the In October, according to the Greek minefields in the region of Evros and 12 Helsinki Monitor, an NGO, parents of were recovered from the sea by Turkish Romani children attending the coastguards off the town of Cesme. elementary school of Psari, outside Athens, were pressured by local and On 23 August a new law was published in education authorities to sign declarations the Government Gazette, regulating the asking for their children to be moved to entry, stay and social integration of non- segregated, all-Romani education EU nationals in Greece. The law, which facilities far from the Romani settlement. was to come into effect on 1 January The reports followed racist protests by 2006, stipulated the grounds on which parents of non-Romani pupils demanding foreigners may be granted leave to the removal of Romani children from the remain for educational, professional, and school. humanitarian reasons. There were, however, concerns that applicants for Conscientious objection to military residence permits who had previously service requested asylum were asked to retract their asylum applications before they In November parliament approved an were considered for regularization. amended law on military service, which revised the conditions of alternative

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civilian service for conscientious In December the government presented objectors. The new law allowed people NGOs with a draft law on domestic who had lost their claim to conscientious violence, expected to pass through objection status to reapply. However, the parliament in 2006. Successive length of alternative civilian service governments had worked on domestic remained punitive and the law still fell violence legislation for the last three short of international standards. In years. While Article 8 of the law is particular, the board responsible for commendable for criminalizing marital granting conscientious objection status rape, the proposed law failed to define was not under a civilian authority; ‘violence between family members’ and professional soldiers were not allowed to to recognize it as a form of discrimination change their views and become against women; to provide for the conscientious objectors; conscientious establishment and organization of objectors were not allowed to form institutions for the protection of victims unions; and the right to conscientious of domestic violence (including shelters objection could be suspended during war. and medical care); to make training on domestic violence compulsory for police In August the military court of Xanthi and judicial personnel; or to allow NGOs convicted conscientious objector Boris to file suits in domestic violence cases. Sotiriadis to three-and a-half-years’ The law also failed to allocate funding for imprisonment for disobedience. He was activities aiming to combat and prevent consequently imprisoned between 22 domestic violence. August and 20 September but was released pending appeal which had not Failure to conduct prompt been heard by the end of the year. On 9 investigation November the military court of Ioannina found him not guilty of a further charge In September, AI received reports raising of disobedience. concerns about the promptness, thoroughness and impartiality of an Violence against women investigation into the death of a 24-year- old. Nikos Gallegos died on 10 April from Inter-ministerial efforts to combat injuries sustained when his motorbike trafficking in human beings continued. collided with a police vehicle. Following Several initiatives were started, including his death, Nikos Gallegos’ family filed a the establishment of shelters offering complaint with the Prosecutor in Athens protection to victims of trafficking for on 5 May against police officers involved forced prostitution. However, the shelters in the incident. Although the preliminary have remained empty, reportedly investigation recommended a full judicial because of the difficulties experienced by investigation into the incident, by the end victims of such trafficking in obtaining of the year the authorities had failed to official designation as such, and thereby initiate this. AI wrote to the authorities accessing shelter protection. In order for requesting information about the victims to access shelter protection, they investigation being carried out, but had need to have filed complaints against received no reply by the end of the year. their traffickers and can only be designated “victims of trafficking” by the prosecutor to whom the complaint is IRELAND addressed. It was reported that in the last two years, about 30 of the 100 Treatment of people with mental women who sought protection were disabilities recognized as victims of trafficking.

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The first annual report of the Inspector of Policing Mental Health Services was published in July. The Inspectorate found An Garda Siochána (Irish police service) unacceptable levels of care in some launched a recruitment advertising drive services. It found a serious lack of in September aimed at a higher development of the necessary range of representation of minority ethnic groups, specialist mental health services refugee and migrants among new nationally and that no area had the full recruits, and amended the Irish language complement of services in sufficient proficiency entry criterion to this end. quantity to provide comprehensive mental health care. It highlighted a The Government’s announced its number of issues relating to the interface nominees for the three-member Garda between the criminal justice system and Ombudsman Commission in December, the mental health service, including the although there was some concern that an lack of a systematic referral scheme from independent selection and appointment the former to the latter. It expressed process was not adopted. The concern that, during inspections, it Ombudsman Commission was expected encountered cases where people to begin receiving complaints in about a presumed to have committed serious year. offences against the person were not charged, but committed to their local Terms of reference were published in psychiatric hospital. By not being September for the statutory inquiry to be charged, it concluded, these people were conducted into the circumstances in denied the right to due process, and which 14-year-old Brian Rossiter was effectively barred from accessing arrested and detained by the Garda specialist forensic mental health services. Siochána in September 2002. Having been detained overnight, he was found The Inspector of Mental Health Services the next morning to be in a coma; he pointed to the urgent need to address was taken to hospital where he the lack of mental health services for subsequently died. children, and its concern that children continue to be treated within adult Places of Detention inpatient settings. In September, the Irish College of Psychiatrists published a New Prison Rules were to have come into report, A Better Future Now, showing operation in November, updating the that there has been little advance in 1947 Rules, but this did not happen by implementing recommendations made by year’s end. the Government Working Group on Child and Adolescent Psychiatric Services in its The Annual Report of the Inspector of 2001 and 2003 reports. Prisons and Places of Detention for the Year 2004 – 2005 published in July, Provisions for automatic, independent observed prison conditions that do not review of decisions to detain people in comply with international standards on mental health facilities, under the Mental humane detention with overcrowding, Health Act 2001, had not come into force lack of adequate sanitation facilities, as planned, due to protracted insufficient education and employment negotiations with consultant programmes, mentally ill prisoners held pyschiatrists’ representative bodies. in padded cells in prisons rather than in specialized mental health facilities, and the continuing unnecessary incarceration of people with mental illnesses.

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The annual report of the Irish Prison right to fair procedures in a decision- Chaplains published in November raised making process affecting a person's particular concern about the lack of rights extended to a requirement that vocational activities and positive relevant information, documents and interventions for juvenile offenders. It matters of evidence should be disclosed. also criticized the high level of The Government appealed to the incarceration of people experiencing Supreme Court against this ruling. mental illness, homelessness and addiction; the lack of treatment for A report entitled Immigration-related mentally ill prisoners and the shortage of Detention in Ireland and published in counsellors for other prisoners; and the November by three non-governmental practice of detaining persons awaiting organizations (NGOs), the Immigrant deportation in prisons. Council of Ireland, Irish Refugee Council, and IPRT found that Irish law and In September, the Irish Penal Reform practice do not adequately protect the Trust (IPRT) was granted permission by rights of people refused permission to the High Court to represent two prisoners land and people detained pending with mental illness in legal proceedings deportation. Such persons, it said, are against the State seeking damages for not being informed in writing, in a breaches of their constitutional rights, language they understand, of their right and constitutional remedies for to challenge the legality of their systematic deficiencies in the way detention and/or the validity of a decision prisoners with mental illness were to remove them from the State. treated in Mountjoy. The Court said that Moreover, it concluded, the law does not many prisoners were ignorant of their formally recognise their rights to inform a rights and might fear retribution if they person of their choice of their situation, challenged the authorities and their to have access to a lawyer and to have claims could be more effectively litigated access to medical care. Nor are such by the IPRT, which was in a position to people being systematically provided with identify and analyze systematic failings in written information in a language they the system. understand about the legal procedures that apply to them and their rights. The Asylum-seekers and migrants report found that, in 2004, some two- thirds of those detained in prison for In July, the High Court ruled that the immigration-related reasons were refusal of the Refugee Appeals Tribunal imprisoned for periods of longer than 51 to allow legal representatives of asylum days. applicants' access to its prior relevant decisions was "unfair" and a breach of The report concluded that neither their constitutional rights. It noted that Cloverhill Prison (male detainees) nor the the tribunal’s practice was "unique in the Dóchas Centre at Mountjoy Prison common law jurisdictions", and "cannot (female detainees), where over 90 per accord with the principles of natural and cent of persons detained for immigration- constitutional justice, fairness of related reasons are held, provided an procedure or equality of arms". The Court appropriate environment in which to hold upheld challenges by eight applicants, immigration detainees. It found that including five children, to the tribunal’s Cloverhill Prison accommodated refusal to allow them to access previous immigration detainees in overcrowded decisions of the tribunal to assist them in conditions – three to an 11m2 cell – making their claims for refugee status. together with people suspected of The Court found that the constitutional criminal offences; and immigration

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detainees are locked in their cells for and health sectors, which employed the more than 17 hours a day and significant highest proportion of women - around 80 restrictions – including closed visiting per cent of employees. Women's income arrangements – are placed on their in 2003 was around two-thirds of men's contacts with the outside world. income, it found, and after adjusting for differences in hours worked, women's Women hourly earnings were around 85 per cent of men's. In July, the UN Committee on the Elimination of Discrimination against Renditions Women was critical of the persistence of traditional stereotypical views of the In a statement to the Dáil on 14 social roles and responsibilities of women, December, the Minister for Foreign reflected in Article 41.2 of the Affiars said that “[t]he Government has Constitution, in women’s educational not and will not permit any flight choices and employment patterns, and in engaged in extraordinary rendition to women’s low participation in political and pass through an Irish airport or through public life. It expressed its concern at the Irish or Irish-controlled airspace”, and prevalence of violence against women “the United States has given Ireland and girls in Ireland, low prosecution and repeated, clear and explicit assurances conviction rates of perpetrators, high that no prisoners have been transferred withdrawal rates of complaints, and through Irish airports, nor would they be, inadequate funding for organizations that without our permission”. Concerns provide support services to victims. It mounted that, despite US assurances, also criticized the state’s failure to Ireland was, in fact, being used as a address trafficking of women and transit point in US renditions. On 1 children into the state. The Committee December, when asked about CIA planes additionally raised concerns and made using Shannon airport, the Minister was recommendations in respect of: the need reported in the media to have said: “If for a comprehensive strategic view and anyone has any evidence of any of these framework for the achievement of gender flights please give me a call and I will equality; the under-representation of have it immediately investigated.” In women in political structures and higher response, AI brought to the Irish levels in the civil service; the barriers Government’s attention flight logs faced by vulnerable groups in accessing showing that six planes used by the CIA education, employment, health care and for renditions have made some 800 other social services; and the need to flights in or out of European airspace facilitate a national dialogue on the issue including 50 landings at Shannon airport. of abortion. According to the US Federal Aviation A report, Women and Men in Ireland, Administration, these planes landed 50 2005, published by the Central Statistics times in Shannon but departed again just Office in December found that women 35 times, suggesting that some flights represent just over 13 per cent of were kept secret. AI called on the Irish members of Dáil Eireann (the Lower Government, as a matter of urgency and House of Parliament), and around 30 per the highest political priority, to launch a cent of members of State Boards and prompt and thorough investigation into under 20 per cent of members of allegations before it that Irish territory regional and local authorities. It found and airspace has been used to assist US that women were not well represented at rendition flights. Pending the results of senior level positions in the education such an investigation, AI urged the

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government to ensure that its territory their rights and encouraging reporting of and airspace not be used to assist incidents. rendition flights, and take the necessary measures to exercise strict and effective The NCCRI and the Irish Human Rights control over state flights through its Commission were in discussion with the airspace and territory. The Minister Department of Justice Equality and Law responded that evidence was not Reform over a proposed follow-up visit sufficient to justify further monitoring or by the UN Committee on the Elimination enforcement of US assurances. of Racial Discrimination (CERD) in 2006 pursuant to its concluding comments on In its Resolution in relation to claims of Ireland’s First and Second Report to it in US aircraft carrying detainees published March. The proposed visit of a CERD on 23 December, the Irish Human Rights Rapporteur to Ireland would pilot this Commission expressed its serious new approach. concern about reports that US aircraft landing at Shannon airport may Children be involved in the transport of persons to secret locations where they may be at In October, the report on clerical sex risk of being subjected to torture, cruel abuse in the diocese of Ferns (the Ferns or inhuman treatment. The Commission Inquiry) identified more than 100 stated that it was not sufficient for the allegations of child sexual abuse made government to rely on assurances from between 1962 and 2002, against 21 the US authorities in this regard, and priests in the Catholic church, and was called on the government to seek the critical of church authorities, the Garda agreement of the US authorities to the Siochána and the then Health Board in inspection of aircraft suspected of relation to the handling complaints of sex involvement in this traffic. abuse. It highlighted ongoing gaps in child protection, and the need to place Racism government on mandatory reporting of child abuse on a legislative basis. In In its six-monthly Reported Incidents response, the Ombudsman for Children Relating to Racism in Ireland January said that changes in policy and practice 2005 - June 2005, the National were required; to include interagency Consultative Committee on Racism and working, professional codes of conduct Interculturalism (NCCRI) highlighted a and care in the appointment of staff with number of incidents of racist treatment of unsupervised access to children. Muslims by members of the public and in relation to the delivery of public and In November, the Ombudsman for private services, including by the Garda Children called for the Constitution to be Siochána and airport immigration officials. amended to include express rights for It also received reports of incidents of children. anti-Semitism. It called for increased vigilance against racism at times of Irish Human Rights Commission international tension when racist incidents can increase; the strengthening In its Annual Report for 2004, published of legislation prohibiting incitement to in October, the Commission announced hatred and other relevant criminal its serious concern about its ability to legislation; and an annual public fully exercise its statutory functions and awareness campaign aimed at making powers given its limited staff and potential victims and existing victims of resources. It was critical of the racist crime and discrimination aware of “democratic deficit” in parliamentary

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procedures for the scrutinizing of aimed at the identification of people legislation with human rights implications. under investigation or having knowledge It also issued its concerns regarding its of facts which may be relevant to an ability to effectively examine legislative investigation. The new provisions gave proposals, often with serious human groups of law enforcement officials who rights implications, due to the late did not previously have these powers the introduction of amendments, often of a right to interview, for investigative substantive nature, leaving little purposes and without the presence of a opportunity for the Commission to give lawyer, persons already in prison its considered comments; and that [colloqui a fini investigativi]. Previously, legislation was often too quickly passed only staff from the anti-mafia through the Oireachtas without detailed investigative unit at the police (Direzione committee stage debate. It also noted its Investigative Antimafia, DIA) and law particular concern with legislation enforcement officials who have explicitly emerging from the European Union: by had investigative powers designated to the time it was referred to the them by the DIA (these law enforcement Commission, the principles and much of officials are referred to as polizia the detail had been settled and there was giudiziaria) had these powers. little if any scope for change. The law also amended and Human rights based approach to complemented legal provisions of the development immigration law on expulsion of migrants “for reasons of public order and security”. In September, Amnesty International The new law allows expulsion orders of published a report commissioned from both regular and irregular migrants to be the International Human Rights Network decided and implemented based on a (IHRN), Our Rights, Our Future. Human prima facie evaluation of the threat Rights Based Approaches in Ireland: posed by the migrant’s presence in Italy. Principles, Policies and Practice, outlining Thus, a migrant can be repatriated “when the internationally agreed principles of there are well-grounded reasons to Human Rights Based Approaches to believe that his/her stay in the territory Development; examining the Irish State’s could favour in any manner terrorist successes and failures in applying a organization and activities”. This kind of human rights based approach in its expulsion order is issued by the Minister policies, practice and institutional of the Interior or, under delegation, by structures; and providing a framework the competent Prefect (Prefetto). The law for how international human rights does not require the person deported to standards might be used in Ireland to have been convicted or charged of a combat inequality and social exclusion. crime connected to terrorism and does not provide for judicial confirmation/authorization of the decision ITALY and of its implementation. The law provides for a judicial appeal before the Counter-terrorist legislation administrative court. However, an appeal does not suspend the actual deportation. An anti-terror urgent decree (Decree Law In addition, the appeals process itself can no.144 of 27 July 2005) was enacted in be suspended if, in order to make a July and immediately converted into Law determination in the case, the judge (no. 155 of 31 July 2005). It doubled to would have to review documents which 24 hours the previous 12-hour period are confidential on the basis of national provided for “provisional police arrest” security or state secrecy grounds.

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This legislation raises concerns relating grounds and following a similar to the lack of a judicial review of the procedure. deportation decisions. The expulsion procedure also seems to lack effective Asylum and immigration (update to protection from refoulement of people AI Index: 01/012/2005) who could be at risk of persecution or other serious human rights violation once The practice of generalized detention in the country of origin. continued to be applied to newly arrived irregular migrants and asylum-seekers On 2 December, the then Minister of during the second half of 2005, in Interior Giuseppe Pisanu reported back to particular to those who reached Italy by parliament on the implementation of the sea. Detention on arrival at maritime law. The Minister declared that during borders was not applied on a case-by- the first three months of application of case basis but systematically, without the decree, 18 “investigative interviews considering the lawfulness, necessity and in prison” (colloqui investigativi in proportionality of the detention, and carcere) were carried out and the 24- without providing for the right to a hour provisional police arrest was applied review of the lawfulness of the detention in 10 cases. Regarding expulsions “for by a judicial or similar authority. reasons of public order and security”, the Minister declared that they function as an The detention in centres of various “effective preventive instrument” towards nature, name and structure, involved “dangerous Islamic fundamentalists” and family units and accompanied and are a “safety valve to compensate delays unaccompanied minors. Detention in the adaptation of legal systems of the practices also involved many young western world to the threats arising from people whose status as minors was not suicide terror”. According to the properly assessed by the authorities on Minister’s statement, after the enactment the basis of an age assessment that was of the new provisions 20 expulsion orders scientific, safe, child and gender- “for reasons of public order and security” sensitive and fair. These individuals, who were adopted. could be minors, therefore risked being subject to illegal detention and expulsion. On 10 December, Mohammed Daki, a In particular, several unaccompanied Moroccan migrant who had been just minors of north African origin arrived by acquitted of “international terrorism” by sea on the southern coast of Sicily during the Court of Appeals of Milan, was summer and were initially detained in the expelled by an order from the Minister of Lampedusa centre. According to media Interior “for reasons of public order and reports, in a press conference held in security”. According to the Minister’s Brussels during the European Union’s declarations, “grave probative elements Justice and Home Affairs Council in and circumstantial evidence were December, the Italian Minister of Interior gathered which were not sufficient for declared that there were 500 the judiciary to convict Mohammed Daki unaccompanied minors among what he but are abundantly sufficient to the defined as ‘the last arrivals’ to Minister of Interior to affirm that Lampedusa. Mohammed Daki is dangerous”. The Minister based this expulsion on Asylum provisions applicable since 21 provisions in the new counter-terrorist April 2005 that allow generalized legislation. At least one other person was detention of asylum-seekers arriving expelled in the same period on the same without a visa were implemented

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restrictively during the second half of are not permissible, what it defines as 2005. A 20-day accelerated asylum ‘plural expulsions’ (espulsioni plurime) procedure continued to be applied, even are permissible. The Cassazione Civile if not homogenously throughout Italy. was reviewing a court decision taken in The inconsistencies in the application of 2004 by a Milan court which stated that this procedure were highlighted by the the expulsion of 15 Romanian citizens of fact that the recognition rate of the Roma origin for not having applied for a seven territorial commissions set up in residence permit (permesso di soggiorno) the cities of Milano, Gorizia, Roma, within eight days of their arrival in Italy Foggia, Crotone, Trapani and Siracusa, was incorrect. The Milan court had stated and charged with overseeing the asylum that it was “forbidden to carry out plural procedure was considerably different. expulsions adopted with identical motivations even if each foreigner’s case According to public sources, at least 500 has been evaluated on an individual people were deported to Libya between basis”. July and October 2005. The Cassazione Civile ruled that the Milan On 7 October, the weekly magazine court had erred in the expulsions of 15 Espresso published a report by a persons of identical ethnic origin, co- journalist who spent a week in the habiting in the same place at the same Lampedusa detention centre pretending time and given almost identical expulsion to be an Iraqi migrant. The report orders, as collective expulsions. AI is included allegations of extremely poor worried that it is questionable whether living conditions inside the centre and of each person expelled received a thorough, several serious human rights violations fair and individual assessment of his/her towards some of the detainees, including case and that the necessity and ill-treatment by law enforcement officers. proportionality of the expulsion decisions Inter alia, the journalist reported that were taken on an individual basis. In this some migrants were verbally insulted by respect, AI would like to remind Italy of law enforcement officers supervising the the third of the Council of Europe’s centre or otherwise ill-treated and that Twenty Guidelines on Forced Return dozen of unaccompanied minors where which states that “a removal order shall detained in the facility. Shortly only be issued on the basis of a afterwards, the then Minister of Interior reasonable and objective examination of Giuseppe Pisanu visited the centre and the particular case of each individual ordered an administrative inquiry. person concerned.”

On 19 October the UN High Ill-treatment of asylum-seekers Commissioner for Refugees (UNHCR) António Guterres, visited Italy and In July, a Roman Catholic priest employed declared that an agreement was reached as the director of the “Regina Pacis” with the Minister of Interior for the ‘temporary stay and assistance centre’ establishment of a permanent presence (Centri di permanenza temporanea, CPTA) of a UNHCR representative on in the Puglia region, two doctors, six Lampedusa. members of the administrative personnel and seven carabinieri providing the Decision by Cassazione Civile centre’s security service, who were on trial

in connection with the physical assault and On 5 August 2005, the highest appellate court in Italy, the Cassazione Civile, racial abuse of inmates in November 2002, decided that while collective expulsions were found guilty on first instance by the

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Lecce Court (Tribunale di Lecce). The The following data were cited in the priest and two of the carabinieri were report to indicate the dubious state of sentenced to one year and four months of Italian prisons: there was at the time of imprisonment. A lighter sentence was survey 59,649 persons in prison, imposed on the others. All sentences were although Italy’s 207 prisons only have a suspended. capacity to host 42,959 persons; 69.31 per cent of inmates do not have hot Italy-sponsored detention centres in water in their cell; 12.8 per cent on Libya inmates live in a cells which do not have a separate toilet area; 7.68 per cent live in cells which do not have sufficient AI is concerned about Italy’s decision to amounts of natural light; and 18.4 per build three detention facilities in Libya. cent live in cells which have intense According to reliable information the first artificial light during night time. centre will be situated in Gharyan, close to Tripoli and a second centre will be in Sheba (in the Libyan desert). The third Alleged police ill-treatment centre will be in Kufra, close to Libya’s borders with Egypt, Sudan and Chad. From October 2005 onwards, there was an intensification in the demonstrations AI is concerned that the human rights of taking place in Val di Susa (an alpine migrants held in these centres could be valley in the Piedmont region in north at serious risk. Libya has not ratified the western Italy), against a planned high 1951 Convention Relating to the Status speed railway line between Lyon and of Refugees and its 1967 Protocol, nor Turin. These demonstrations involved a has it established national asylum sit-in occupying an area near the small procedures. Moreover, Libya does not town Venaus, where the contracted acknowledge the presence of refugees enterprises were supposed to initiate and asylum-seekers within its borders works on the high speed railway. and does not recognise the UNHCR’s presence in the country. At approximately 3am during the night between the 5 and the 6 of December, Prison conditions several hundred law enforcement officials carried out an operation aimed at In September 2005, a domestic non- removing the demonstrators. There were governmental organization (NGO) around 100 demonstrators in the published a report on conditions in Italian relevant area when the operation prisons. According to the report, the occurred, some of whom were sleeping. Italian government had failed to According to consistent allegations and implement certain prison regulations in information gathered by AI, law force since 20 September 2000. The enforcement officers assaulted peaceful regulations had stipulated that the demonstrators who were keeping their authorities should implement a list of hands up, heavily beating some of them criteria, which would guarantee a and forcing dozens of them to enter into minimum living standard for inmates a small shed otherwise used as a shelter. such as hot water in their cells and toilets Some policemen were also injured during separate from their living/sleeping area, the operation. Demonstrators sleeping in within five years.To date, these criteria tents at the time of arrival of the police have not been implemented, and the were allegedly dragged outside by police prisons are currently not operating in officers and heavily beaten. At least 15 conformity with the law. people were injured, including an elderly

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man, a woman with her neck in a neck further urged Italy to increase its effort brace and NGO representatives, to eliminate domestic violence. photographers and journalists. Some of them were hospitalized. Some of these The Committee raised the issue of reports are supported by audio-visual reports of persistent ill-treatment by material. police officers including abuses towards Roma people. The Committee The general prosecutor of the State recommended that Italy increase its Auditors’ Court initiated an investigation efforts to ensure that prompt and into the police operation in Venaus, impartial investigations are carried out regarding the possible “damage to the on allegations of ill-treatments by police State’s image” arising from the way the agents and to take immediate action in operation was carried out. order to put an end to abusive police raids in Roma camps and to monitor, On 6 December, AI wrote to the then investigate and, when appropriate, Minister of Interior Giuseppe Pisanu, prosecute other abuses by police against asking the minister to ensure that Italian vulnerable groups. The Committee also laws regulating the work of law asked to be kept informed about the enforcement officers were in line with trials of State officials in relation to the international human rights standards, events in Naples and Genoa in 2001 (See including those relating to freedom of AI Index: EUR 01/012/2005) expression, the right to assembly, and the use of force. The Committee also raised concerns regarding the right to apply for asylum Concluding Observations of the and told Italy to provide detailed Human Rights Committee information regarding re-admission agreements concluded with other On 28 October, the UN Human Rights countries, including Libya. Committee published an advanced unedited version of its Concluding A further area of concern were Observations on Italy’s fifth periodic allegations emerging from the CPTA on report to the Committee. The Committee the southern Italian island of Lampedusa. regretted that Italy had not withdrawn its Allegations included unsatisfactory reservations to articles 14(3) (regarding detention conditions, difficult access to minimum guarantees during trials), 15(1) asylum procedure, risk of collective (regarding retroactive criminal charges) expulsion and the apparent lack of and 19(3) (regarding freedom of regular independent inspection. The expression) of the International Covenant Committee asked Italy to respect its on Civil and Political Rights (ICCPR). The international obligation under the ICCPR. Committee further encouraged Italy to establish an independent national human The Committee encouraged Italy to rights institution in accordance with the ensure the judiciary remains independent Paris Principles. of the executive power and highlighted its concerns regarding overcrowded The Committee encouraged Italy to prisons. increase efforts to “ensure prompt and impartial investigations wherever there Report on Italy by the High are reasonable grounds to believe that an Commissioner for Human Rights of act of ill-treatment has been committed the Council of Europe by one of its agents”. The Committee

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On 14 December, the High Commissioner overcrowding in prisons by promotion for Human Rights of the Council of of alternative measures, ensure a Europe published a report on his June reasonable staff/prisoner ratio and 2005 visit to Italy. The report highlighted, provide funds for effective among other things: functioning of juvenile prisons.

The lack of torture as a crime in the Extra-time detention, i.e. keeping criminal code, as defined in inmates in detention for longer than international legal documents foreseen by their sentence, of including the United Nations patients in Judicial psychiatric Convention against Torture. Several hospitals (Ospedali psichiatrici bills regarding prosecution of torture giudiziari, OPG) due to lack of have been tabled in Parliament, ordinary structures and to other however none of them have been administrative problems. The High adopted as laws. The Commissioner Commissioner recommended to underlined the problems caused by increase places available for the care the insertion of an amendment to the of chronic patients. definition of torture in a draft Bill pending before Parliament. This Bill The lack of a comprehensive asylum defines torture as the use by a law and the worrying regulation and “public official or person in charge of practices arising from the provisions a public service” of “repeated of the so-called Bossi-Fini law. The violence or threats”. This definition is High Commissioner raised concerns not in line with international laws and regarding effective access to asylum standards. The High Commissioner procedure, the systematic use of urged the Italian authorities to insert detention of asylum-seekers without the crime of torture in the Criminal a case-by-case consideration and to Code as soon as possible. summary identification of migrants before deportation to Libya. The High The need for reforms of the judicial Commissioner recommended that system. The High Commissioner Italian authorities avoid detention of recommended a reduction in asylum-seekers except for when it is procedural delays and the backlog of strictly necessary in consideration of cases, to increase the financial and each individual case, and improve human resources of the courts, to conditions in the detention centres. limit abuses and delaying tactics by modifying the system of time limits The lack of judicial confirmation of and to adopt legislation allowing the deportation decisions adopted on the reopening of criminal proceedings basis of the new counter-terrorist when new evidence comes to light or legislation (Law 155 of July 2005), when the European Court of Human the non-suspensive effect of “post Rights gives a relevant decision. facto” appeals and the preference given by this system to deportation The overcrowding, the high mortality instead that to prosecution of rate and the difficult access to health persons convicted of terrorism. The services in prisons, together with the High Commissioner urged Italian needs for investigation of the authorities to review the law to disproportionate high rate of Roma ensure that the rights enshrined in and migrant children held in juvenile the European Convention on Human prisons. The High Commissioner Rights and the principle of non- recommended that Italy reduce refoulement are fully respected.

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International Criminal Court: failure May, killing hundreds of people. Others to enact implementing legislation were suspected members of banned Islamic parties or movements who had The Rome Statute of the International fled to Kazakstan earlier. The Uzbekistani Criminal Court entered into force in July authorities have frequently targeted for 2002. Italy played a major role in the repression suspected sympathizers of drafting of the Rome Statute, and ratified such organizations or independent it in 1999. AI is concerned that, despite Muslims, in the name of national security. this, and despite numerous promises, by the end of the period under review, Italy Fear of forcible return had still not enacted implementing legislation making it possible to Lutfullo Shamsuddinov, a prominent investigate and prosecute such crimes human rights defender, fled Uzbekistan under international law in its own courts with his wife and five children. His or to co-operate with the International eyewitness testimony of the events in Criminal Court in its investigations. Andizhan, quoted by the international media, differed from the official account. Although recognized as a refugee by the KAZAKSTAN office of the UN High Commissioner for Refugees (UNHCR) on 27 May, he was Freedom of expression – update to arrested by the Kazakstani police on 4 AI Index: EUR 01/002/2005 July, at the request of the Uzbekistani authorities, who said that he faced In November, the Ministry of Justice charges of “terrorism”, a capital offence, announced that a recommendation for and spreading information to cause panic. the early release of Galimzhan Zhakianov, Despite pressure from Uzbekistan, the one of the leaders of the opposition Kazakstani authorities eventually Democratic Choice of Kazakstan party, transferred him to the care of UNHCR, had been sent to court. In December, a which flew him and his family to another local court in the Pavlodar region ruled country. that Galimzhan Zhakianov, who had already served half of his sentence, Forcible return of Uzbekistani should be released on parole. However, nationals by the end of the year, he was still being held at the colony settlement in Pavlodar. On 24 and 27 November, 10 Uzbekistani He had been sentenced to seven years’ nationals were allegedly arrested by imprisonment in 2002 for “abuse of officers of the National Security office” and financial crimes, but the real Committee, the security services, and reason for his imprisonment appeared to detained incommunicado in the southern be his peaceful opposition activities. city of Shymkent. Nine of the men were forcibly returned from Kazakstan to Fear for safety Uzbekistan early in the morning of 29 November, in contravention of Uzbekistani nationals, including refugees Kazakstan’s obligations under and asylum-seekers, were not effectively international law. They were Ruhiddin protected and risked being forcibly Fahruddinov, Abdurahman Ibragimov, returned to Uzbekistan and subjected to Tohir Abdusamatov, Sharofuddin Latipov, serious human rights violations there. Nozim Rahmanov, Alisher Mirzaholov, Some had fled to Kazakstan after Abdurauf Holmuratov, Shoirmat security forces fired indiscriminately on a Shorahmedov and Alizhon Mirganiev. crowd in Andizhan, Uzbekistan, on 13 Reportedly, four of them were holding

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asylum-seeker certificates issued by the On 29 December President Kurmanbek UNHCR office in Kazakstan. Farhod Bakiev signed a decree extending the Islamov, who managed to escape arrest, moratorium on executions until the full was still in hiding in Kazakstan at the end abolition of the death penalty in law. The of the year. The Kazakstani authorities same decree instructed the government denied that they had detained the men to prepare within two months legislative and instead claimed that they had been proposals aiming at Kyrgyzstan’s detained by Uzbekistani law enforcement accession to the Second Optional Protocol officers on Uzbekistani territory across of the International Covenant on Civil the border during an operation conducted and Political Rights, the complete between 28 November and 2 December abolition of the death penalty, the (see Uzbekistan entry for more details). introduction of life imprisonment and the commutation of all existing death After the forcible return of the nine men, sentences to life or long-term some 60 families who had fled imprisonment. The decree also asked the Uzbekistan, and who were living in the government to take measures to improve south of Kazakstan, applied to UNHCR for the conditions of detention on death row protection and asylum. At the end of the and invited the Ministry of Justice, the year, their applications were under Ombudsman and the Presidential Human consideration by UNHCR. Rights Commission to conduct monitoring of conditions on death row together with representatives of non-governmental KYRGYZSTAN organizations.

Prison riots Draft amendments to the Constitution proposed by the President in November More than 20 inmates were killed in also included the permanent and full widespread prison riots, which were abolition of the death penalty. reportedly in response to harsh prison conditions and collusion between prison Refugees from Uzbekistan at risk authorities and jailed criminal leaders. (update to AI Index: EUR Tynychbek Akmatbaev, a member of 01/012/2005) parliament (MP), two of his assistants, and Ikmatullo Polotov, a senior prisons The authorities in Kyrgyzstan continued official, were killed while visiting one of to be under great pressure from the these prisons on 20 October. Uzbekistani authorities to extradite a Demonstrators in Bishkek, led by the large number of the more than 500 MP’s brother, Ryspek Atmakbaev, who refugees who had fled Andizhan on 13 was awaiting trial on murder charges in a May and had been given shelter in a separate case, accused Prime Minister camp in Besh-Kana. There was concern Feliks Kulov of complicity in the deaths that the government was failing in its but were called off a week later after obligations adequately to ensure the President Kurmanbek Bakiev agreed to rights of these refugees to international meet a delegation. On 1 November more protection and safety. violence erupted when government forces tried to regain control of prisons On 29 July, the office of the UN High left without guards and administrators Commissioner for Refugees (UNHCR) following the October riots. secured the evacuation of 439 Uzbekistani refugees, who were airlifted Death penalty out of Kyrgyzstan to a temporary centre in Romania. Some of these refugees

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were resettled to third countries while refugee agency considered asylum- others were awaiting resettlement in seekers. The authorities contested countries that had offered them UNHCR’s decision to recognize one as a permanent protection. refugee and initially excluded the other three men from seeking asylum. The Extraditions and threat of forcible men appealed against this decision. Their return appeal was upheld in a court in Kyrgyzstan on 18 August, which referred On 9 June, the authorities in Kyrgyzstan the cases back for reconsideration. They had forcibly returned four of the refugees were subsequently recognized by UNHCR from the Besh-Kana camp to Uzbekistan. and eventually the authorities as Despite concerted efforts by the UN, it refugees. On 13 December the Bishkek was not possible to establish the City Court ruled that the men should be whereabouts of Dilshod Gadzhiev, extradited back to Uzbekistan. The men’s Tavakkal Gadzhiev, Muhammad Kadirov appeal against this decision was pending and Abdugais (Gasan) Shakirov. At least with the Supreme Court of Kyrgyzstan at one of the men was reportedly severely the end of the year. tortured in Uzbekistan, and at least one, Tavakkal Gadzhiev, was sentenced to 17 Access to asylum procedures years in prison in November following an unfair trial for his alleged participation in There was concern at the lack of access the Andizhan events. to asylum procedures for individuals or families who crossed the border in other There was particular concern about the places and/or at other times after 13-14 threat of forcible return by the authorities May in search of international protection. of Kyrgyzstan of 29 refugees – including Local human rights activists estimated some of the entrepreneurs who had been that hundreds of people who fled on trial in Andizhan at the beginning of Andizhan were hiding in Kyrgyzstan, May – who were transferred from the either staying with relatives or camp into detention in June. Fourteen of acquaintances or living under assumed the 29 were evacuated to Romania for names with no proper registration, thus resettlement in July and a further 11 increasing their vulnerability. Effective were resettled in Belgium, Finland and opportunities for asylum-seekers to the Netherlands in September, after the legalize their presence in Kyrgyzstan did authorities in Kyrgyzstan determined that not exist. Little or no information was they were refugees. readily accessible to them to explain the rights of an asylum-seeker, or how to The status of the remaining four men, lodge an asylum claim. Although UNHCR Zhakhongir Maksudov, Odilzhon was able to register asylum claims Rakhimov, Yakub Toshboev and independently, they did not consider this Rasulzhon Pirmatov, in detention in Osh, to be “effective protection” for refugees. remained disputed. The Uzbekistani authorities claimed that one of them had According to reports, some of the been convicted of narcotics offences and Uzbekistani nationals seeking asylum and that the other three were sought in protection had been denied entry to connection with the violent death of the Kyrgyzstan or had been returned to city prosecutor in Andizhan on 13 May, a Uzbekistan. There were fears that the charge they denied. UNHCR recognized authorities were effectively not in a one of the four as a refugee and started position to provide refugees physical the process of determining the refugee protection from the Uzbekistani status of the other three men, whom the government forces they were fleeing,

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including protection from forcible return whereabouts. Two days later a car with to Uzbekistan (see AI Index: EUR Uzbekistani number plates drove up to 58/016/2005). their house after dark and well-built men who presented no identification papers, Failure to act to protect nationals of or legal warrant, asked them questions Kyrgyzstan about every member of their household. The family concluded they were being As many as 50 Kyrgyzstani men, in interviewed by members of the Andizhan for professional or private Uzbekistani National Security Service reasons, fled with the refugees after 13 (SNB). May. However, in Kyrgyzstan they were put in the Teshik Tosh refugee camp; no On 13 July the Governor of Osh Region, notification was sent to their families, Anvar Artikov, told international news and there was no record of their arrival in agencies that he was unaware of any search of protection or of their protection activity by Uzbekistani law enforcement needs. The camp authorities transferred officials on the territory of Kyrgyzstan. them directly to a temporary detention However, an unofficial report given to AI centre, where they were held for up to by a usually reliable source suggested 15 days on administrative charges. that the Uzbekistani SNB were occupying premises at the time within the building Families reported that law enforcement of the Osh regional prosecutor’s office. officers systematically extorted large sums of money from them to visit their relatives in the camp or to have them LATVIA released from the camp or from detention. The details of 37 out of the 50 Respect for LGBT rights men were included in the list of wanted criminal suspects published by the On 20 July, the executive director of the Uzbekistan authorities in June. AI learned Riga City Council, Ĕriks Škapars, in July from a source in the Osh City withdrew permission for the gay and Department of Internal Affairs that the lesbian community to hold a Gay Pride Andizhan prosecutor’s office had march on 23 July. Eriks Škapars’ decision extended its warrant to a further five came after a statement in a television men, totalling 42 in all. To avoid being interview by Latvia’s prime minister, seized and forcibly transferred to Aigars Kalvitis, that he could not “accept Uzbekistan, those on the list went into that a parade of sexual minorities takes hiding. place in the middle of our capital city next to the Dom Cathedral. This is not On 26 July the Prosecutor of Osh told the acceptable. Latvia is a state based on newspaper Vecherny Bishkek (Evening Christian values. We cannot advertise Bishkek) that no Kyrgyzstani citizens on things which are not acceptable to the the “wanted list” would be handed over majority of our society.” to Uzbekistan and that any prosecutions of them arising from the events in The organisers of the march Andizhan would take place in Kyrgyzstan. subsequently made an official complaint to the Riga administrative court The relatives of four young men from regarding the decision to ban the march. Kyrgyzstan who went missing after the On 22 July 2005, the administrative court Andizhan events on 13 May told AI that decided to annul Ĕriks Škapars’ decision they had asked the local authorities in to withdraw the permission for the march. Osh for information about their

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On 23 July 2005, the march went ahead György Frunda, the President of Latvia as originally planned. Vaira Vike-Freiberga stressed that the question on the Latvian language as the Organisers and news media covering the only state language is not disputable, event estimate that approximately 300 and social integration is the state priority. people participated in the march. Meanwhile, over a thousand persons had On 23 November, having considered gathered to stage a protest against the György Frunda’s memorandum following march. Some of the protesters tried to his visit to Latvia, the Committee on the block the march, while others used Honouring of Obligations and teargas and threw eggs at the marchers. Commitments by Member States of the Council of Europe recommended the On 7 July 2005, the European closure of the post-monitoring dialogue Commission’s Employment and Social with Latvia. The post-monitoring dialogue Affairs and Equal Opportunities unit was commenced in January 2001, when published its 2005 Annual Report on the monitoring procedure of the Council Equality and Discrimination. According to of Europe or monitoring of the the Report, Latvia is the only country commitments of Latvia as a member which has not fully transposed the state was closed. On 15 December 2005, requirement of the Employment Equality the Parliamentary Assembly of the Directive and did not explicitly ban sexual Council of Europe, rejected a proposal by orientation discrimination. Sexual the representative of Russian delegation orientation discrimination in employment to the Parliamentary Assembly of the was banned in all other 24 EU member Council of Europe Valeriy Grebenshikov states. to re-start the post-monitoring dialogue with Latvia. Visit by Monitoring Committee Chair of the Councils of Europe Parliamentary Assembly MACEDONIA

In October 2005, the Chair of the Council General and political background of Europe’s Monitoring Committee, György Frunda, visited the country. On 9 November Macedonia received a During a press conference in the Latvian positive “avis” (opinion) on the country’s parliament, György Frunda summarized March 2004 application to join the his recommendations to Latvia, including European Union (EU), and although no the abolishment of reservations to the date was set for the commencement of Framework Convention for the Protection talks at the London summit on 15 of National Minorities (Latvia's two December, the country’s candidacy for reservations stipulate that only the membership was accepted. In November Latvian language may be used for street Macedonia published a strategy on the signs and in communications between reform of the judicial system, and residents and local government following amendments to the constitution authorities), granting non-citizens the in December began a process of judicial right to vote on municipal elections, reform required by the EU. PROXIMA, the granting automatic citizenship to children EU police force tasked with advising the born in Latvia after 21 August 1991, country’s police force, left Macedonia on easing naturalisation requirements for 15 December, and was replaced by persons over 60 years old, and not EUPAT (EU Police Advisory Team). including the loyalty principle for acquiring citizenship. In a meeting with

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Unemployment and poverty levels In August two ethnic Albanians, Faruk remained high. According to government Reka and Ferit Hajrullahi, were arrested figures, some 18 per cent of the on suspicion of planting an explosive population were unemployed, and device outside a police station in Bit according to a November World Bank Pazar in July. A third suspect was report, some 22 per cent of the arrested in December on separate population lived in “absolute poverty”. charges. Former ANA leader Agim Krasniqi, indicted for seven criminal Indictments for war crimes charges, voluntarily surrendered to the Macedonian authorities in August, and By the end of the year no progress had proceedings opened in October. been made in the transfer from the International Criminal Tribunal for the The “disappeared” and abducted former Yugoslavia (Tribunal) of four cases of violations of the laws and There was little progress in discovering customs of war which had earlier in the the fate of the missing persons – 13 year been returned to Macedonia for ethnic Macedonians, six ethnic Albanians, prosecution. In November, members of and one Bulgarian citizen – who the government expressed concerns at “disappeared” or were abducted during the continued lack of progress. the 2001 conflict.

“Terrorism” trial Former ANA commander Daut Rexhepi (also known as “Leka”) was arrested in On 23 September, the Supreme Court September, and proceedings against him annulled the decision of the Skopje in connection with the abduction of the District Court made in May, in which a 13 ethnic Macedonians opened in October; journalist from Albania, Rajmonda proceedings had not been completed by Malecka, and her father, Bujar Malecka, the end of the year. were convicted of terrorism at Skopje District Court and each sentenced to five No indictments in connection with the years’ imprisonment following in camera “disappeared” ethnic Albanians had been proceedings. Despite the ruling by the issued by the end of 2005. Supreme Court that the verdict was “unclear and incomprehensible” and that Torture and ill-treatment there was no link established between the activities and the offences for which Non-governmental organizations (NGOs) the persons were indicted, on 8 continued to report incidents of ill- November the Skopje Court confirmed treatment, particularly during arrest, the original verdict. disproportionately affecting members of the Albanian and Roma communities. Raymonda Malecka and her father were Disciplinary actions against law arrested in May after they had visited enforcement officers were reported, and Kondovo to interview Agim Krasniqi, in September the Ombudsperson leader of an armed group known as the announced that he had referred five Albanian National Army (ANA); video cases of ill-treatment by law enforcement tapes allegedly showing the ANA officers for prosecution, although by the conducting exercises were subsequently end of the year proceedings had only found in their possession. started in one case.

Armed opposition groups Concerns were expressed by the Helsinki Committee about the number of deaths,

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including suicides, in Macedonian prisons. and protection in cases of human The Council of Europe Committee for the trafficking. Police raids on suspected Prevention of Torture carried out a visit brothels during the year resulted in 35 to Macedonia in July; the report had not people being charged in connection with been published by the end of the year. trafficking and forced prostitution, and proceedings were initiated in 32 cases. A “War on Terror” report from “All for Fair Trials”, a coalition of NGOs supported by the The German state prosecutor continued Organization for Security and Co- investigations into allegations that operation in Europe recommended Lebanese-born German citizen Khaled el- improvements in national victim Masri had been detained by Macedonian protection measures and stricter police officers on 31 December 2003 and adherence to sentencing guidelines in held in a hotel, where he was repeatedly cases related to human trafficking. questioned about Islamic organizations, until 24 January, when he was allegedly Domestic violence against women handed over to the USA’s Central remained widespread but prosecutions Intelligence Agency (CIA) who – outside were rare; of 100 incidents reported to of any judicial process – flew him to an the Tetovo police by August, criminal airbase, reportedly in Afghanistan, where proceedings were brought in 10 cases, he was subject to further interrogation. only one of which resulted in a conviction. He was returned to Albania in May 2004, and investigations were opened in In July, the pre-sessional meeting of the Munich in June 2004. UN Committee on the Elimination of Discrimination against Women received Prisoner of conscience Jovan reports of human rights violations against Vranishkovski (update to AI Index: Romani women, including denial of the EUR 65/001/2004) right to education, employment and health care, often based on their lack of On 26 July Jovan Vranishkovski, the Macedonian citizenship. Serbian bishop of the autocepahlous Ohrid Archbishopric, was arrested and Discrimination against minorities began an 18-month term of imprisonment, following the confirmation Despite some progress towards of his sentence on 23 June by the Bitola implementation of the Ohrid agreement Court of Appeal. He was convicted of (negotiated in August 2001 following the allegedly inciting religious and ethnic conflict earlier in that year), including an hatred, due to his support for the increased representation of the Albanian ecclesiastical control of the Serbian minority in the police force and municipal Orthodox Church over the Macedonian authorities, representation at ministry Orthodox Church. He was held in Idrizovo level proceeded slowly, and official prison in Skopje at the end of the year. documents were not readily available in AI considered him to be a prisoner of all official languages. An increased conscience. number of students received education in their own language, although ethnic Violence against women, and Albanians complained that discrimination discrimination against women continued. Similar concerns were expressed by the Turkish minority. On 1 November, a national referral Romani people were disproportionately mechanism was launched, including the subject of ill-treatment by the police; procedures for identification, assistance they also faced discrimination including

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in the right to employment and social In December, the Maltese Commissioner benefits; many Romani children were for Refugees Charles Buttigieg denied the right to education and made announced that only 34 of the 1,238 up the majority of the country’s street applications for refugee status which children. Refugee Commissioner’s Office had processed in 2005 were successful, Refugees and internally displaced indicating a 2.7 per cent recognition rate. persons Several immigration detention centres By the end of the year, some 831 remained inaccessible to journalists registered internally displaced persons despite explicit calls from the EU (IDPs) remained after the 2001 conflict; Commissioner for Justice, Security and IDP status was reportedly withdrawn Freedom to change this policy as long as from some 160 IDPs unable to return to journalists respected the privacy of the their homes. asylum-seekers.

An estimated 2,114 refugees from In November, the government enacted Kosovo, predominantly Roma, Ashkali or an amendment to Article 10 of the “Egyptiani”, remained “under temporary Refugees Act which would allow Malta to protection” renewable on an annual basis. deport asylum-seekers while their appeal Few were granted asylum, and some against the rejection of their application were reportedly threatened with being for asylum was still pending. returned to Kosovo. The government continued discussions with the Kosovo On 12 December, the Maltese Board of authorities on protocols for their Inquiry published the results of its voluntary return. investigation into a protest by migrants held at the Hal-Safi detention centre in January 2005 which erupted into violence MALTA resulting in 26 people being injured (See AI Index: EUR 01/012/2005). The inquiry Asylum and immigration found, among other things, the army officers assigned to guard the Hal-Safi The Maltese government explored detention centre did not have sufficient options for returning irregular migrants training for this type of work. It also to Libya, whose government claimed to found there was an overall lack of have stopped more than 40,000 people coordination between soldiers in the from migrating from Libya in 2005. In execution of their plan to subdue the July, Malta hosted a meeting between protesters. These factors led to members officials from Malta, Libya and the of the armed forces applying excessive European Union (EU) which discussed co- force “exaggerated and out of proportion operation on migration issues. In in the circumstances” in their attempts to December, Libya's Deputy Foreign force the protesters back into the Minister, Mohammed Tahar Sila, detention centre Reports of such force confirmed his country's intention to sign included reports of members of the an agreement with Malta on what he armed forces beating migrants after they defined as “illegal immigration”. had been subdued and were lying on the ground. During the reporting period, several dozen people drowned while trying to Women’s rights reach Malta by sea.

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According to the most recent statistics According to a Eurostat report published reported by the National Council of in the second half of 2005, Malta has the Women of Malta, one out of every seven lowest rate of female employment in reported cases of rape took place within Europe. Eurostat based its conclusion on marriage, while 62 per cent of rapists the results of its 2004 Labour Force were known to the victim. In 90 per cent Survey. In Malta, 32.8 per cent of of cases of domestic violence in the women between 15 and 64 years of age family, children were nearby when the are in employment. attacks occurred, often in the same room. Ninety per cent of women seeking mental The report also showed that Malta health care had experienced abuse. recorded the greatest difference between male and female employment rates, with In 2005, the government introduced a a gap of 42 percentage points. The rate draft bill, the Domestic Violence Act of male employment was registered at (2005), which defines domestic violence 75.2 per cent. as “any act of violence, even if only verbal, perpetrated by a household Freedom of association member upon another household member.” The draft bill contains some In July, a draft Voluntary Organisations important protective measures, such as Act was presented. According to the draft the inclusion of harassment, both act, a Commissioner responsible for non- physical and verbal, as a crime and governmental organizations (NGOs) terms providing for restraining orders would be appointed by the Minister for physically restricting the perpetrator the Family and Social Solidarity. This from the areas where the victim lives and commissioner for NGOs would be able to works. prevent organizations from being recognised by the state “on moral However the bill excludes stalking as a grounds”. crime and allows an abuser to plead the “reasonableness” of his or her actions as Prohibition on Torture a defence for harassment. Under the provisions of the new bill, charges may On 25 August, the Council of Europe’s be filed by anyone – not just the victim – Committee for the Prevention of Torture but the victim may ask the court to and Inhuman or Degrading Treatment or dismiss the proceedings, leaving the door Punishment (CPT) published a report on open for the abuser to put pressure the Malta following a visit to the country in victim to drop the charges. January 2004. During its visit, the CPT delegation visited the Police Headquarters The draft bill contains provisions for in Floriana, the Ta'Kandja Police Complex Treatment Orders requiring perpetrators in Siggiewi, the Malta International Airport of violence to undergo treatment for their Custody Centre in Luqa, the Immigration behaviour. On average, less than 5 per Reception Centre in Hal Far, the Lyster cent of men alleged to be abusers have Barracks, 1st Regiment, of the Armed sought help to correct their behaviour Forces in Hal Far and the Safi Barracks, voluntarily. The draft bill also calls for the 3rd Regiment of the Armed Forces in Safi. establishment of a Commission on The delegation was particularly concerned Domestic Violence to advise and educate about certain physical conditions in the government about domestic violence immigration detention facilities such as the issues. lack of appropriate heating and clothing for the people detained at the centres. The

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CPT also stated that “it is inappropriate to immigrants and stated that the automatic hold foreign nationals who are neither detention policy was necessary for public convicted nor suspected of a criminal security considering how small Malta is. offence in a prison-like environment.” International/Regional News The CPT delegation reported allegations of deliberate physical ill-treatment of On 27 July, Malta signed and ratified the foreign nationals, including kicks, Council of Europe’s European Social punches and blows with batons. The Charter. report noted that cases of self-mutilation, suicide attempts, hunger strikes, MOLDOVA vandalism and violence were relatively common in the immigration detention Torture and ill-treatment in police facilities. The delegation also noted that custody none of the detention facilities visited had its own health care staff. Medical In a resolution adopted on 4 October, the members of the CPT’s delegation Parliamentary Assembly of the Council of observed the situation had a detrimental Europe called on Moldova to continue the impact on the physical and psychological reform of law enforcement agencies and state of health of the detainees. to considerably improve conditions of

detention. The CPT commented that the conditions in which people in immigration detention Case of Mikhail Kaldarar, Vasilii Kodrian, were held were not adequate as the “cold Anna Kodrian and Vyacheslav Pleshko weather posed a particular problem, as (see AI Index: EUR 59/001/2005, EUR none of the establishments had a proper 59/004/2005, and EUR 59/005/2005) heating system, no winter clothing or footwear was provided and the blankets All four people named above were available were too thin.” The CPT further detained without charge or trial in the stated regarding the Immigration weeks following an armed police raid in Reception Centre at Hal Far that “the the town of Yedintsy on 18 July as part of sanitary facilities were in a deplorable an investigation into a multiple murder in state of repair and cleanliness, and some the capital, Chişinău. More than 30 parts of the sewage system were broken. Romani men and boys were allegedly Moreover, apart from a few exceptions, arrested and beaten to force them to the rooms were not heated and almost confess and to incriminate others. Mikhail all windows lacked panes. As a result, Kaldarar was arrested on 18 July and detainees had covered the windows with detained for more than six weeks despite carton boards, thereby severely limiting an order for his release by an appeal their access to natural light.” court in Beltsy on 25 July. Vasilii Kodrian

was arrested on 5 August and detained In the Maltese government’s response to without charge for over a month. His son the CPT, it states that “the Maltese was a suspect in the case and Vasilii Government reiterates its view that the Kodrian was effectively held as a hostage recommendations contained in this to force his son to give himself up to the paragraph regarding alternative police. Vasilii Kodrian’s wife, Anna, was measures to detention are outside the arrested on 18 August and briefly remit of the CPT”. The government detained. Vyacheslav Pleshko was further denied the CPT’s accusations of arrested in Ukraine by Ukrainian and deliberate ill-treatment of detained Moldovan police in late July or early

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August, forcibly returned to Moldova has taken no action to investigate and without any extradition proceedings, and prosecute the police officers allegedly detained at a temporary holding facility involved in the torture or other ill- in Yedintsy until 4 September. All four treatment. were released without charge. Case of Vasilii Lisinkov (update to AI Case of Sergei Gurgurov (see AI Index: Index: EUR 01/012/2005) EUR 59/006/2005, and EUR 59/007/2005) In June AI wrote to the Prosecutor Sergei Gurgurov was detained by police General’s office concerning the case of from the Ryshkan district in Chişinău, on Vasilii Lisinkov who was allegedly beaten 25 October, accused of stealing a mobile and subjected to other humiliating phone. Later that day, he was treatment by police officers from transferred to a temporary holding Buyukan district in Chişinău to force him facility at the Chişinău police to “confess” to a number of thefts. AI headquarters. On 3 November, he was was concerned that the conditions of brought before the District Court in Vasilii Lisinkov’s detention may have had Ryshkan after the District Procurator a serious impact on his psychological requested he be detained for questioning state. Vasilii Lisinkov has a learning for a further 30 days. disability and had threatened to commit suicide while in detention. The response At the court hearing, Sergei Gurgurov from the Prosecutor General’s office to AI was assisted to the fourth floor of the in August defended the reasons for Vasilii building by police officials as he was Lisinkov’s arrest and detention, and unable to walk. A video tape recording dismissed AI’s concerns regarding his ill- showed Sergei Gurgurov being brought treatment and poor psychological state, into the court building by two officers, his but conceded that the original charge of feet dragging as they pull him, and theft was under review. AI continued to clearly unable to walk or stand without monitor the situation. support. Sergei Gurgurov told his lawyer that he had been tortured while in Opposition politicians prosecuted detention, including by being beaten and (see AI Index: EUR 59/003/2005) subjected to electric shocks, in order to force him to confess to the theft. Despite Gheorghe Straisteanu, a former Member a court order that he should be released of Parliament, founder of the first private under house arrest Sergei Gurgurov television company in Moldova, and a remained in detention and police justified well-known critic of government attacks his continuing detention referring to on media freedom, was detained with an another order for his arrest dating back employee on 22 July. He was charged to September 2001. with repeatedly stealing valuable items from cars, a crime potentially punishable On 9 December, following an urgent by up to 25 years’ imprisonment (Article intervention by AI, Sergei Gurgurov was 195, Criminal Code). One of his released on bail. The Prosecutor General employees testified for the prosecution has stated that there are no grounds to after allegedly being tortured. Released suspect that ill-treatment or torture were on bail on 18 August by the Central used in this case and has asked AI to District Court of Chişinău, Gheorghe stop taking action on the case because Straisteanu was reported to have been the publicity has caused an “image crisis” immediately re-detained by police for Moldova. AI remains concerned that officers in defiance of a further court to date the Prosecutor General’s office order on 19 August for his release. He

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remained in pre-trial detention until 17 November when he was released on bail RUSSIAN FEDERATION on condition that he remains at his place of residence. At the end of 2005, the car Violence against women thefts trial was still pending. AI launched a report on violence against In its 4 October resolution, the women in the family in December. The Parliamentary Assembly of the Council of report, Russian Federation: Nowhere to Europe called for an investigation into the turn to - violence against women in the high number of court cases against family (AI Index: EUR 46/056/2005) leading opposition figures. highlighted the high incidence of violence and the lack of an adequate state Death penalty response to the issue. According to a November article in the Russian Moldova took further steps towards governmental newspaper Rossiiskaia complete abolition of the death penalty in Gazeta, up to 80 per cent of all violent law. In September the Constitutional crimes in Russia are committed in the Court approved two amendments to the private sphere. Non-governmental provision in the Constitution that allowed organizations (NGOs) remained for the death penalty in certain cases. concerned that women were the main The amendments are expected to be victims of such violence. While no official passed by parliament in 2006. statistics were available, independent research showed that about 70 per cent Self-proclaimed Dnestr Moldavian of married women had been subjected to Republic (update to AI Index: EUR some form of violence from their 01/03/00) husbands. There were no measures under Russian law which specifically The status of the Dnestr Moldavian addressed violence against women in the Republic (DMR), an internationally family. The Ministry for Health and Social unrecognized breakaway region, Development stated that there were 23 remained unresolved. state-run crisis centres for women in the Russian Federation; however, women’s Tudor Petrov-Popa and Andrei Ivanţoc human rights organizations were were still in detention in Tiraspol at the concerned that government support for end of 2005, despite a July 2004 crisis centres and hotlines was on the judgment by the European Court of decline. According to these organizations, Human Rights, which did not recognize there was only one shelter place for their conviction by a court of the DMR every 9 million women in Russia. and which found their detention to be arbitrary and in breach of the European AI delegates presented the report to Ella Convention on Human Rights. They were Pamfilova, Chair of the Presidential members of the “Tiraspol Six”, who were Council of the Russian Federation for sentenced to prison terms in 1993 for Cooperation of the Development of Civil “terrorist acts”, including the murder of Society Institutes and Human Rights, and two DMR officials. The four men distributed it to other governmental convicted with them were released in representatives. The report called on the 1994, 2001 and 2004. The Criminal Code Russian authorities to: ensure protection of the DMR retained the death penalty for through legislative reform by adopting six offences, but a moratorium on its use specific legislation on domestic violence, continued. providing for full protection of victims, unhindered access to medical, social and

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legal services, and for perpetrators to be Affairs. The unpublished directive held accountable; establish shelters and appeared to violate principles of Russian crisis centres to assist women victims of and international law, and gave rise to violence and assist NGO initiatives; and serious human rights concerns (see AI to promote changes in gender-sensitive Index: EUR 01/012/2005). attitudes and behaviours by providing training to police, prosecutors, judges, Lgov prison colony protest (update to AI medical personnel and others having Index: EUR 01/012/2005) contact with women victims of violence on proper handling of such cases, while On 4 July, the prison director of the Lgov ensuring full respect for women’s human prison colony and two deputies were rights. reportedly fired, following public outcry and an investigation by the Kursk Arbitrary detention, torture and ill- regional procuracy into alleged ill- treatment treatment at the colony. However, only one prisoner was recognized by the Police brutality in the Republic of procuracy as a “victim” (under Article 42 Bashkortostan (update to AI Index: EUR of the Criminal Procedure Code) in the 01/001/2005 and EUR 01/012/2005) criminal investigation that was opened into the ill-treatment. Three hundred Court hearings began against eight police other prisoners who had complained of officers charged in connection with a being beaten were each given the status police operation in Blagoveshchensk, of “witness”. The 300 were subsequently Republic of Bashkortostan, in December reassigned to various prison colonies and 2004 that resulted in the arbitrary pre-trial detention centres around the detention, beating and torture of over country, purportedly for their protection. 1,000 people. The first hearing was on 16 October but was postponed for However, according to a lawyer for one procedural reasons and the hearings of the men, their relatives were not were ongoing at the end of the year. Due informed of the transfer and some of to a reported campaign organized by the those moved to pre-trial detention were Bashkortostan authorities to intimidate not given adequate medical treatment victims and discredit human rights despite having sustained serious injuries groups working on behalf of the victims, during the “self-harm” protest. According only 20 or 30 of the 347 individuals to their lawyer at least two of these men originally officially registered as “victims” submitted complaints to the Russian of the events by the procuracy were authorities about the ill-treatment, and continuing with their complaints. had submitted an application to the (“Victim” status is formal recognition that European Court of Human Rights. They an individual has suffered physical, were reportedly placed in a pre-trial financial and/or mental loss as a result of detention facility (SIZO) and subjected to a crime, and entitles the individual to intimidation and the threat of torture certain rights, including compensation.) with the aim of pressuring them to withdraw their complaints. The lawyer representing many of these victims received an official refusal in July Conviction of two police officers for from the procuracy in Bashkortostan to torturing Alexei Mikheev (update to AI open a criminal investigation into the Index: EUR 46/027/2002) legality of basing the policing operation on provisions set out in an unpublished On 30 November two Russian police directive of the Ministry of Internal officers were convicted of crimes relating

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to the torture of Aleksei Mikheev in Denial of medical treatment to prisoner detention in September 1998. A court in Mikhail Trepashkin (see AI Index: EUR Nizhnii Novgorod found that Igor Somov 46/063/2005) and Nikolai Kosterin had driven Aleksei Mikheev to attempt suicide, due to their Mikhail Trepashkin was denied urgently- carrying out torture that included electric needed health care while in detention in shocks and beatings, to make him prison colony IK-13 in Sverdlovsk oblast. confess to a crime that he did not On 20 October he was medically commit. The court sentenced the two examined and the doctor diagnosed a police officers to four years’ moderate form of bronchial asthma with imprisonment. However, according to the periods of increased severity as well as Committee Against Torture, a Nizhnii itching dermatosis. The doctor Novgorod-based NGO, Igor Somov and recommended that Mikhail Trepashkin be Nikolai Kosterin were not the only officers admitted to a hospital for constant responsible for the torture and other monitoring and treatment. However, police and procuracy officials who were according to his lawyers, the prison responsible have yet to be prosecuted. administration refused to allow him to be transferred to hospital and failed to Arbitrary detention of Airat Vakhitov and provide adequate medical care. Rustam Akhmiarov (see AI Index: EUR 46/034/2005) Threat of deportation to Uzbekistan (see AI Index: EUR 46/027/2005 and EUR Airat Vakhitov and Rustam Akhmiarov, 46/040/2005) both former Guantánamo prisoners, were arbitrarily detained in Moscow on 27 Thirteen men, one Kyrgyzstani national August by Moscow and Tatarstan law and 12 Uzbekistani nationals, were in enforcement officials, transferred to detention in the town of Ivanovo at the Tatarstan and held in detention with end of the year, facing possible access only to a state-appointed lawyer extradition to Uzbekistan. The men had until their release six days later on 2 been detained by Russian law September. A court in Tatarstan ruled on enforcement officers on 18 June, the legality of the two men’s detention in according to the Moscow-based human their absence, in violation of Russian and rights group Memorial, in the city of international law, which require Ivanovo. During the period under review detainees to be present for such hearings. it emerged that the Uzbekistani Rustam Akhmiarov and Airat Vakhitov authorities had based their request for were simply handed a copy of the court the men’s extradition on accusations that decision to detain them further. The two they had been involved in the events in men told AI that while in detention, they the eastern Uzbekistani city of Andizhan only had contact with state-appointed on 13 May, when hundreds of people lawyers, who did not communicate the were reportedly killed when the security detainees’ whereabouts to their families forces opened fire on mainly unarmed until the eve of their release five days demonstrators in the city. They also later, and that during their time in accused the 13 of involvement in a detention, the authorities in Tatarstan religious extremist group which they call had refused to confirm their whereabouts Akramia, and of financing “terrorist” to their families. activities. All 13 men reportedly deny these accusations. All 13 applied for asylum in August and their asylum claims were pending at the end of the year.

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A fourteenth man, Russian citizen Human rights defenders Khatam Khadzhimatov (who is of Uzbek origin), was released on 11 October when The killing of Liudmila Zhorovlia the Ivanovo regional court overturned a lower court’s 15 September decision that, Lawyer Liudmila Zhorovlia was shot dead despite being a Russian citizen, he could at home in what appeared to be a be detained “to secure the possibility of contract killing on 21 July. Her son who his transfer to Uzbekistan”. Fearing that was at home at the time was also killed. his Russian citizenship could be revoked The Komi human rights commission he left Russia and applied for refugee Memorial issued a statement that it was status in Ukraine. convinced the murder was directly connected with her work on behalf of Marsel Isaev (see AI Index: EUR residents of the town of Vorkuta, in the 62/030/2005) Republic of Komi. Liudmila Zhorovlia had successfully won a case against the Marsel Isaev, a student, was forcibly mayor’s office of Vorkuta in which the deported from the Russian Republic of court had overturned as illegal a decree Tatarstan to Uzbekistan on 12 October, by the mayor requiring payments by despite the fact that his application for residents of certain charges for services. asylum was under consideration by the Liudmila Zhorovlia had recouped her Russian authorities. In his asylum money and was assisting residents to application he had stated that he feared submit claims themselves, including one that in Uzbekistan he could face torture large collective claim, and had also as a suspected member of the banned lodged an appeal with the procuracy to organization Hizb-ut-Tahrir. Law open criminal proceedings against the enforcement officers stopped him on the authorities. Reportedly she had been street on 6 September during a routine threatened more than once to stop her document check; although his documents work and she had told friends and were in order, he was detained and relatives that she could be killed. By the reportedly pressured to testify against an end of the year, no one had been acquaintance on trial in Kazan accused of identified as involved in the murder. membership of Hizb-ut-Tahrir. He was threatened that unless he testified that Stanislav Dmitrievskii and the Russian- this acquaintance had recruited him to Chechen Friendship Society (update to AI Hizb-ut-Tahrir, his residence permit, due Index: EUR 46/059/2004, EUR to expire on 19 September, would not be 01/002/2005 and EUR 01/012/2005, see renewed and he would be deported to also AI Index: EUR 46/053/2005) Uzbekistan as a suspected member of a “terrorist” organization. Marsel Isaev In November Stanislav Dmitrievskii, refused to comply with the demands and Executive Director of the human rights was re-detained on 23 September, and organization Russian Chechen Friendship the procedure for deportation was Society (RCFS) and editor-in-chief of the started. He applied for asylum on 6 Pravo-zashchita (Rights Defence) October with the Tatarstan Migration newspaper, went on trial on charges of Department, fearing that if returned to incitement to racial hatred, for his Uzbekistan he would be investigated as a decision to publish articles written by a suspected Hizb-ut-Tahrir member, and former Chechen separatist leader and his tortured. Marsel Isaev has denied having envoy. However, both articles were any connection at all to Hizb-ut-Tahrir. critical of Russian government policy rather than expressing any criticism of ethnic Russians, and contained calls for a

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peaceful resolution to the Chechen law provided for much greater official conflict. The charges were punishable by scrutiny of the work of Russian and up to five years’ imprisonment. AI stated foreign civil society organizations, and that it would consider Stanislav threatened to open the door to arbitrary Dmitrievskii a prisoner of conscience if decisions by the authorities to restrict or imprisoned on these charges. The trial ban financing and activities on vague was ongoing at the end of the year. grounds. The draft law was entitled “On Introducing Amendments to Certain The apparent campaign of administrative Legislative Acts of the Russian harassment of the RCFS by the Federation” and included amendments to authorities continued. On 15 August the three main laws – the law on closed tax authorities for Nizhegorosdskii region administrative-territorial entities, the law submitted a demand to the organization on public organizations, and the law on for over one million roubles in what they non-commercial organizations. viewed as unpaid profit tax from money received by the organization from foreign At the draft law’s first reading at the funders. Money started to be seized from State Duma on 23 November the text the RCFS rouble accounts on 26 August, contained alarming provisions which it and their hard currency accounts were was feared would at best hamper NGO frozen. The RCFS appealed the tax work, at worst seriously compromise authorities’ claim. The arbitration court NGOs’ independence, by making them ruled on interim measures on 13 vulnerable to excessive and arbitrary September to protect the interests of scrutiny by the authorities, and possibly RCFS pending the court’s final decision result in the closure of some on the tax claim. The hearings relating to organizations. It passed its first reading the tax claim were ongoing at the end of on 23 November. The Council of Europe the year. conducted an analysis of the law and concluded that, while the stated aims of A new criminal case was opened on 2 the law might be legitimate, many of the September, under Article 199 of the provisions were not in line with European Criminal Code (“large-scale evasion of standards on freedom of association, tax and / or other dues from an being disproportionate and too restrictive. organization”), although no one was charged in relation to this investigation President Vladimir Putin ordered during the period under review. On 14 amendments to the bill which were November the Nizhegorodskii regional incorporated into a second version of the court turned down the application of the law which passed its second and third main registration department of the readings without much challenge and the Ministry of Justice for Nizhegorodskii Federation Council – the Duma’s upper region to close down the RCFS. house – passed the law with one vote against and one abstention on 27 New NGO law: a threat to freedom of December. The law was pending association presidential signature at the end of the year. A draft law on civil society organizations was placed before the State Duma Racist attacks (parliament) in November which raised serious concerns about freedom of Reports of racially-motivated attacks association and questions around continued throughout Russia. The non- Russia’s commitment to a genuinely free governmental Sova analytical centre and independent civil society. The draft reported that there were at least 28

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murders and 365 assaults that were Kremlin United Russia party gained over racially motivated in 2005. 60 per cent of the vote. A Council of Europe representative stated that the Murder of Peruvian student in Voronezh elections took place in an “atmosphere of fear” and Russian and international A group of people beat and stabbed human rights groups declared that free Peruvian student Enrique Arturo Angelis and fair elections had not been possible Urtado to death on 9 October in the city given the security situation and the of Voronezh. Two other students were climate of impunity in Chechnya. badly injured during the attack, which was believed by many to have been AI delegates undertook a field mission to racially-motivated. According to the office Ingushetia in September. During the of the regional Procurator, by the end of mission the delegation met with relatives the year 13 Voronezh students had been and lawyers of detained and identified during the investigation. One of “disappeared” people from Chechnya, the 13 was charged under Article 105 Ingushetia and other North Caucasus part 2 d, e and l (“murder” carried out regions, and visited camps for internally with special cruelty, by a generally displaced people. A short briefing paper dangerous means, and for reasons of Russian Federation: Torture, national, racial or religious hatred or “disappearances” and alleged unfair trials enmity or blood vengeance). The other in Russia’s North Caucasus (AI Index: individuals were charged under Article EUR 46/039/2005) was released 161.2 (“robbery” with aggravating following the visit. circumstances) and Article 213 part 2 (“hooliganism” premeditated, carried out Arbitrary detention and torture in Novie by a group or other aggravating Atagi circumstance). During the mission, AI collected Alleged racially-motivated killings – the information relating to alleged arbitrary case of Khursheda Sultonova (update to and incommunicado detention and AI Index: EUR 01/005/2004) torture in the village of Novie Atagi, Chechnya. According to reports, security In October a jury in St Petersburg started forces had conducted a number of raids to hear evidence in the case of on the village of Novie Atagi since Khursheda Sultonova (previously January 2005, during which they checked reported as Sultanova), a nine-year-old identity documents and detained men Tajik girl who was killed in February 2004. who were then taken to detention Seven people, aged between 14 and 21 facilities where they were tortured and when the crime was committed, faced beaten to make them “confess” to crimes charges of hooliganism, punishable by they had not committed. There were seven years’ imprisonment, and one allegations that security services, under youth, aged 14 when the crime was the jurisdiction of the then first deputy committed, faced charges of murder of a Prime Minister of Chechnya, Ramzan person in a helpless state, motivated by Kadyrov, were responsible for the raids. racial hatred, as well as hooliganism and robbery. One such raid took place after a policeman was reportedly killed in the Chechnya and the North Caucasus village on 22 August. On 5 September, security forces conducted a document Chechen parliamentary elections were check in the village. Then, over the held in November in which the pro- course of three nights from 12 to 14

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September large numbers of armed men said to have seen him being beaten by wearing camouflage uniform came to the law enforcement officials who had village and detained at least eight men. subsequently accompanied him to the According to one media report, the men alleged scene of the August murder of introduced themselves as being law the policeman. enforcement officers. However, according to relatives, the men did not produce any Trial into the killing of six civilians arrest warrants or any form of (update to AI Index: EUR 01/005/2004, identification to indicate which official EUR 46/027/2004, EUR 01/002/2005 and body they were from. EUR 01/012/2005)

On 15 September and for several days In August the Military Collegiate of the thereafter, villagers blocked the Kavkaz Russian Supreme Court quashed the main road near Novie Atagi demanding to acquittal of four members of a special know where those detained had been military unit for the murder of six taken, and for them to be released. unarmed civilians, and a third trial During this period, some of the men who against them started in November. Said had been detained were set free. Alaskhanov, Abdul-Wakhab Satabaev, Allegedly some of them had been Shakhban Bakhaev, Khamzat Tuburov, severely beaten while in detention, but Zainap Dzhavatkhanova and Dzhamlail did not dare to go to a hospital in Musaev, six civilians from Chechnya, died Chechnya for treatment, travelling on 11 January 2002 after being shot by instead to neighbouring republics in the members of a special unit of the Russian North Caucasus. Military Intelligence (GRU). In May 2005 Captain Eduard Ulman, Lieutenant The picket lasted for several days until it Aleksander Kalaganskii, Sergeant was established that four of the detained Vladimir Voevodin and Major Aleksei men were being held in the police Perelevskii had been found not guilty of detention facility (known as IVS from its any crime by a jury in a second trial in initials in Russian) in Shali district police Rostov-on-Don, despite having admitted station. One of the four, named as to killing the civilians. The defence of all Ruslan Khalaev, aged 21, was detained four soldiers that they had been following at 3am on 14 September. The three orders was accepted by the jury. others detained at some point during this period were Shakruddi or Sharudin Two more under investigation in the Khalaev, aged 27, Magomed Elikhanov, Zelimkhan Murdalov case (update to AI aged 20, and Magomed-Emi Aguev, aged Index: EUR 46/027/2002, EUR 18. A fifth man, Islam Bakalov, was 01/005/2004, EUR 01/002/2005 and EUR reportedly subsequently also found to 01/012/2005) have been detained in the IVS. The five men were said to have been charged in On 18 November the department for connection with the murder of the investigating particularly important cases policeman. at the Office of the Procurator of the Chechen Republic overturned the According to reports, at least one of the decision to suspend the investigation into men in detention, Ruslan Khalaev, had the “disappearance” of Zelimkhan been tortured, including through being Murdalov. On the same day this beaten with batons, having water poured department opened a criminal over him and being tortured with electric investigation (under Article 286 part 3 a, shocks until he agreed to sign a b and v “exceeding official authority” with “confession” of guilt. Witnesses were also aggravating circumstances, and Article

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111 part 3 a “grievous bodily harm with September where displaced people have aggravating circumstances”) in relation been living for several years. The to the commander of the Khanty- conditions at a camp on the site of a Manskiisk special police unit (OMON) and former dairy farm were particularly harsh. his deputy, suspected of involvement in Families had partitioned off living Zelimkhan Murdalov’s torture and quarters in a large draughty shed that “disappearance”. Sergei Lapin, an OMON formerly housed dairy cattle. However, officer from the same unit, was convicted again and again the people living in these of torturing Zelimkhan Murdalov earlier in conditions told the AI delegates that they the year. The whereabouts and fate of were afraid to take their families back Zelimkhan Murdalov remained unknown. home to Chechnya while the violence and abuses were continuing, and while it Investigation into the raid on the village remained impossible for them to rebuild of Borozdinovskaia (update to AI Index: their destroyed homes. In December the EUR 01/012/2005) chief sanitary doctor of Ingushetia issued a statement that the camps did not meet One member of the Vostok (East) hygiene requirements and should be battalion of the Russian federal Ministry closed before 1 January 2006. However, of Defence’s 42nd Motorized Infantry following an outcry by local human rights Division was convicted of “exceeding organizations and others, as the official authority” (Article 286 of the inhabitants of the camps had nowhere Russian Criminal Code) in October. He else to go, the camps remained open. was given a three-year suspended sentence. To AI’s knowledge, no other Armed raid in Kabardino-Balkaria state official has been charged in connection with the raid, in which 11 On 13 October a group of up to 300 men “disappeared” and at least one other gunmen launched attacks on government man was killed. installations in and near Nalchik, capital of Kabardino-Balkaria, including the Reported attacks by armed opposition building of the Federal Security Service groups in Ingushetia (FSB), police stations, the TV centre and the airport. There were reports that In the period under review, attacks on gunmen took at least two civilians police officers and their homes, and hostage. More than 100 people, including bomb explosions apparently targeting at least 12 civilians, were reported to other state officials and government have been killed during the ensuing buildings were reported on a regular shooting between law enforcement basis in Ingushetia. In one of the bomb officials and the gunmen; many were blasts, in Nazran on 25 August, the wounded. The attacks were reportedly in Ingush Prime Minister was targeted; he response to months of persecution of and two others were injured and his practising Muslims in the region, security guard was killed. including arbitrary detention and torture by law enforcement officials, and Internally displaced population in wholesale closure of mosques. Following Ingushetia the attacks, law enforcement officials detained dozens of people; many of the Internally displaced persons in Ingushetia detainees were reportedly tortured. were living in cramped, unsuitable conditions and had little prospect for an Journalist Orkhan Dzhemal detained improvement in their circumstances. AI and ill-treated delegates visited camps in Ingushetia in

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Orkhan Dzhemal, a journalist for Versiya Talks started on 7 November. In magazine who had travelled to Nalchik to December, Montenegro’s President Milo cover the events, was detained by police Đukanović announced that a referendum in his hotel room in Nalchik at 11.40pm on the republic’s independence would be on 16 October. He was taken to the 6th held in April 2006. police station (known as UBOP) in Nalchik and released at about 4.30pm on In September, the Minister of Justice 17 October. Orkhan Dzhemal told AI that announced measures to address he was beaten in detention at the police corruption in the judiciary, following the station during the night. He had been arrest of the deputy organized crime researching a list of people killed during prosecutor and a Supreme Court judge the 13 October armed attack, whom the on corruption charges. authorities were alleging were fighters, although they were in fact, according to In October a revised criminal code, a law Orkhan Dzhemal, peaceful citizens. on the police and on the Protector of Citizens (ombudsperson) were introduced. Torture of Rasul Kudaev and health concerns (see also AI Index: EUR War crimes: International Criminal 46/003/2006) Tribunal for the former Yugoslavia (Tribunal) Former Guantánamo prisoner Rasul Kudaev was detained on 23 October by Despite Serbia’s improved cooperation law enforcement officials at his home in with the International Criminal Tribunal Kabardino-Balkaria and taken to the 6th for the former Yugoslavia (Tribunal) in police station in Nalchik, where he was the first half of the year, and reports by reportedly tortured, before being the Chief Tribunal Prosecutor Carla Del transferred to a pre-trial detention centre. Ponte, of “complete satisfaction with He remained in detention at the end of Belgrade's cooperation” in October, by the year charged with terrorism-related December she had reported to the UN offences. His mother was unable to visit Security Council that cooperation had her son or pass on to him sufficient deteriorated. The authorities swiftly medication for his serious health established mechanisms to ensure future conditions, which according to the family cooperation, although former Bosnian had rendered him bed-ridden. A lawyer Serb General Ratko Mladić, believed to who had tried to complain about his be at large in Serbia, was not arrested by treatment was suspended from the case the authorities. The trial of former and replaced with another state- President Slobodan Milošević, accused of appointed lawyer, a move thought to be responsibility for war crimes in Croatia, against Rasul Kudaev’s wishes. Bosnia and Herzegovina (BiH) and Kosovo, continued. In November, Vojislav Šešelj refused to plead at the SERBIA AND Tribunal to a charge of eight counts of MONTENEGRO (INCLUDING crimes against humanity and six counts KOSOVO) of violations of the laws or customs of war between 1991 and 1993, in Croatia and BiH. On 3 October the European Union (EU) Council of Ministers authorized the Domestic War Crimes Trials European Council to open negotiation with Serbia and Montenegro (SCG) on a In a case investigated by the Tribunal Stabilization and Association Agreement. and transferred to Serbia in 2004, nine

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men were indicted in August for the until the conclusion of criminal detention and torture of at least 174 proceedings against six low-ranking Bosnian Muslim (Bosniak) civilians and police officers suspected of involvement the murder of at least 15 men at Čelopek in the deportation; by December, no in BiH, and the deportation to Hungary of investigations had been opened. 1,822 Bosniaks; three suspects remained at large. “Disappearances”

In October the Office of the War Crimes No indictments were made public in prosecutor at the Belgrade District court connection with investigations, which had published an indictment against five opened in January, into the alleged mass former members of the paramilitary unit cremation of the bodies of ethnic known as the Scorpions, one of whom Albanians at the Mačkatica factory in remained at large. The five men were Surdulica in 1999; the non-governmental charged, along with three others, with Humanitarian Law Centre (HLC) alleged war crimes against the civilian population, that witnesses had been intimidated by for the killing of six Bosniak civilians on local police officers. 16 or 17 July 1995 at Godinjske bare near Trnovo in BiH. The trial opened on By November, Serbia had handed over to 20 December. the Kosovo authorities, the 836 bodies of ethnic Albanians killed in Kosovo, who On 18 November proceedings opened at had been transferred to Serbia in the same court against Anton Lekaj, an refrigerated trucks and buried in mass ethnic Albanian accused of war crimes graves in Batajnica near Belgrade, against the civilian population. Petrovo Selo and Bajina Bašta. Investigations had opened in 2000, but The trial continued before the special War no indictments had been issued by the Crimes Panel at the Belgrade District end of the year, although on 25 October court of 16 members of the former six serving Serbian police officers and Yugoslav People’s Army (JNA) indicted in three former officers were indicted on connection with executing Croatian suspicion of the murder of 48 ethnic prisoners at Ovčara near Vukovar in Albanians in Suva Reka in Kosovo in Croatia in November 1991. On 13 March 1999. Some of the bodies December 14 of them were convicted of identified at Batajnica had been identified war crimes against the civilian population as persons from Suva Reka. and sentenced to between five and 20 years’ imprisonment. Possible extrajudicial executions

In Montenegro, complaints were filed in In Montenegro, Slavoljub Šćekić, Head of the Podgorica civil court against the the General Criminal Division of the Montenegrin authorities seeking Montenegrin police, was murdered on 30 reparations, including compensation, on August; his family alleged official behalf of some of the families of more complicity and began their own than 80 Bosniak civilians. Having fled as investigation. The trial continued of refugees to Montenegro during April and Damir Mandić, the sole suspect - despite May 1992, they were subsequently allegations of official complicity - in the arrested and handed over by the murder in May 2004 of Duško Jovanović, Montenegrin police to police and military editor-in-chief of the Montenegrin daily forces in the de facto Republika Srpska. Dan. The Supreme Court ruled that these civil cases should not be allowed to proceed

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Army of SCG Nikola Nikolić, even when requested to do so by the deceased’s parents. Nikola In September the Belgrade District Court Nikolić reportedly fell out of a window on prosecutor invited the German 19 April 1994 while trying to escape Weisbaden Criminological Institute to arrest; however, the CAT stated that the assist in investigations opened on 14 nature of his injuries indicated that he March into the deaths in October 2004 of had been tortured before his death, and two conscript sentries – Dražen found that there were grounds for the Milovanović and Dragan Jakovljević – at state to have conducted a prompt and a Belgrade military complex; on 30 impartial investigation. December the prosecutor announced that the US Federal Bureau of Investigations In December, the CAT found that Danilo had been invited to assist. A military Dimitrijević had been subjected to acts of commission of inquiry had in November torture in contravention of Article 1 of 2004 claimed that they had shot each the Convention after his arrest in other after a quarrel, but a State November 1997. At a Novi Sad police Commission of Inquiry had concluded in station he had been ordered by an December 2004 that a third party was unidentified man in civilian clothes to involved. In October two suicides were take off his clothes. He was handcuffed reported in barracks at Pirot and to a metal bar against the wall, where he Bagremar. was beaten with a police truncheon for over an hour. He was then tied to the In October, the period of compulsory metal pole for the next three days and military service was reduced from nine to denied food and water. Despite having six months; alternative service was cut filed a criminal complaint to the from 13 to nine months. authorities 10 days after his release, he received no reply from the authorities. Past political murders The complaint had been filed on his behalf in August 2000. The trial continued of Milorad “Legija” Ulemek-Luković, accused of involvement In Montenegro, some 27 prisoners held in the murder in March 2003 of Prime at the Spuž prison in Podgorica were Minister Zoran Đinđić. In July, another reportedly subjected to ill-treatment suspect, Dejan “Bagsy” Malenković, was during a raid on 30 August by members given witness-associate status by the of the Special Police, reportedly in court. connection with investigations into the death of Slavoljub Šćekić (see above). An Police torture and ill-treatment inquiry conducted by the Montenegrin Clinical Centre and Ministry of Health The UN Committee against Torture (CAT) found that 18 detainees had suffered in November and again in December light injuries; the prison director was found SCG (as successor to the Federal subsequently dismissed. Republic of Yugoslavia) in violation of the Convention against Torture and Other Minorities Cruel, Inhuman or Degrading Treatment or Punishment. Proceedings against those arrested for attacks in March 2004 on minorities were In November, the CAT found that SCG delayed, but on 26 July, eight men were had violated the convention in its failure sentenced to between three and five to carry out a prompt and impartial months’ imprisonment for the burning of investigation into the alleged suicide of the Hadrović mosque in Niš during March

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2004 when attacks on minorities in World Health Organization (WHO) in Serbia took place, in response to November, showed that intimate partner widespread attacks on Serb communities violence remained widespread. Some 24 in Kosovo. per cent of the 1,456 respondents had experienced physical or sexual violence, Attacks on members of ethnic minorities some 36 per cent reported being injured were regularly reported during the year, in the past year, but only four per cent including in Vojvodina, where ethnic had reported such violence to the police, Hungarians were subjected to attacks. In and some 78 per cent had never sought December the Vojvodina regional assistance from any agency. A Family assembly lodged an official request with Law introducing protective measures for the Serbian Government asking it to ban victims of domestic violence came into neo-Nazi and racist groups. force on 1 July.

Attacks on human rights defenders SCG remained a source, transit and destination country for women and girls In November AI expressed concerns at trafficked for forced prostitution. The the apparently increasing incidence of government appointed an anti-trafficking threats and attacks on individual human council in November. rights defenders and human rights non- governmental organizations (NGOs), Kosovo which took place in the period leading up to the anniversary of Srebrenica in July, The UN Interim Mission in Kosovo and had continued in the following (UNMIK) continued to administer Kosovo, months (see Serbia and Montenegro: The with the Special Representative of the UN Writing on the Wall. Serbian Human Secretary-General (SRSG), Soren Jessen- Rights Defenders at Risk, AI Index: EUR Petersen, holding executive powers. 70/016/2005, 29 November 2005). In July, an Administrative Directive authorized the initiation of pilot projects These attacks were primarily directed at on the decentralization of power, and at NGOs seeking to address impunity for this stage involving only five local war crimes. Attacks included repeated authorities. Some further competencies and apparently systematic intimidation, were transferred to the Provisional including public threats, in the form of Institutions of Self-Government (PISG), graffiti, verbal and written threats, including in December, when regulations apparent “burglaries” and physical were promulgated outlining measures attacks against human rights defenders, towards the establishment of a Minister lawyers and independent journalists. Few of Interior and a Ministry of Justice, perpetrators were brought to justice in which had previously been controlled by the period under review. Some UNMIK. organizations were subjected to threats of legal action or the opening of what The presence of uniformed opposition appear to be malicious prosecutions. groups was reported, while the Self- There were increasing concerns about Determination Movement (Levizja the independence of the media. Vetevendosje!) continued to organize non-violent demonstrations against Violence against women UNMIK, and protest against the final status process. In November, research conducted in 2003 by the Belgrade Autonomous On 31 October, following a less than Women’s Centre, and published by the positive report on Kosovo’s progress by

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UN envoy Kai Eide, the UN Secretary Serb enclave of Štrpci/Strpcë; in General appointed former Finnish September, an attempt was made on the President Martti Ahtisaari as his Special life of Dejan Janković, a recently Envoy to Kosovo, to conduct talks on the appointed senior Serb Kosovo Police future status of the province. On 24 Service (KPS) officer, and in November December Martti Ahtisaari announced an explosion in the market-place in that the first round of negotiations Strpci/Strpcë resulted in the injury of between Belgrade and Pristina would three Serbs and an Albanian. take place in January 2006. AI expressed concerns that members of minority Following the March 2004 violence in communities and women were not which 19 people died and 954 civilians represented in the delegations and 184 police and security personnel participating at the talks. were injured, as of 18 November, according to the OSCE, out of 426 War Crimes: Domestic Prosecutions persons charged with criminal offences, some 209 had been convicted while 12 Four former members of the Kosovo were acquitted, 110 cases were still Liberation Army (KLA) known as the pending and 95 charges dropped. The “Llap group”, who had been convicted Organization for Security and and sentenced for war crimes by an Cooperation in Europe (OSCE) reported international panel of judges in 2003, in December that criminal investigations were released on 22 July after the had been hindered by problems including Supreme Court annulled the verdict and witness intimidation and loss of material ordered a retrial. In September four Serb evidence, resulting in delays in many men were arrested in Gračanica/Ulpiana cases, and were aggravated by poor for war crimes. The trial of six former cooperation between the police and the members of the KLA arrested in May prosecution; they also reported concerns 2004 finally opened in Gnjilane/Gnilanë regarding inappropriate charges and after several procedural delays; they sentencing. Internal investigations into were charged with the killing of seven the role of 41 KPS officers suspected of Albanian civilians in 1998. participation or complicity in human rights violations did not result in any “Disappearances” and abductions criminal prosecutions.

No progress was made in bringing to UNMIK and KPS officers were targeted in justice those believed responsible for the shootings, and explosive devices were abductions of members of minority placed under police vehicles. communities during and after the 1999 conflict. (See Serbia for Discrimination against minorities “disappearances”). Members of minority communities, and in Ethnically and politically motivated particular Serbs, continued to report crimes limitations on their freedom of movement and ability to access services, including Attacks on the lives and property of those guaranteed under the International Serbian communities in particular were Covenant on Economic, Social and regularly reported, including attacks Cultural Rights. involving explosive devices, arson, beatings and shootings. In August two The German Government continued with Serb men were killed and two injured in a programme of the forcible return of drive-by shooting in the predominantly Ashkali and Egyptiani persons seeking

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protection in Germany, which AI including in Prizren, where three Albanian considered to be refoulement. In one men were convicted for trafficking two case, following an urgent intervention, Albanian minors into Kosovo, the number the deportation of one such family was of bars where trafficked women were lifted by the German authorities. In believed to work remained almost the August, the Kosovo Ombusperson wrote same as at the beginning of the period to the German Minister of the Interior under review. Law enforcement officers expressing particular concerns about the reported an increasing trend in the forcible return of individuals suffering numbers of internally trafficked women from post-traumatic stress disorder, for and girls, believed to have been forced whom the Ministry of Health were unable into prostitution by their husband or to provide appropriate services. partners. Voluntary returns remained low.

On 31 December two gay men, G.P. and SLOVENIA L.B, were assaulted in a village outside Pristina. Members of the KPS who The “erased” (update to AI Index: attended the scene took the two men to EUR 01/012/2005) hospital for treatment for their injuries and asked them to file a complaint, but The Slovenian authorities failed to on discovering their sexual orientation resolve the status of the “erased” and to submitted them to insulting and ensure that they have full access to degrading abuse, and incorrectly economic and social rights, including informed them that homosexuality was their right to employment, pension, and unlawful in Kosovo. (In early 2006, health care. In 1992 at least 18,305 following a complaint to the KPS, the individuals were unlawfully removed from police officer responsible was apparently the Slovenian registry of permanent removed from his post, and officers given residents. They were mainly people from correct training on the applicable law). other former Yugoslav republics who had been living in Slovenia and had not The right to health (Update to AI acquired Slovenian citizenship after Index: EUR 70/012/2005) Slovenia became independent. Of those “erased” in 1992, some 12,000 had their UNMIK failed to relocate the Roma, permanent residence status restored, but Ashkali and Egyptiani internally displaced only with effect from 1999 or later. Some persons living near the former Trepča 6,000 people remain without Slovenian Mines lead-smelting site in citizenship or a permanent residence Zvečan/Zveçan municipality, who had permit. Many of them live “illegally” as been found by the WHO in 2004 to have foreigners or stateless persons in dangerous levels of lead in their blood. Slovenia; others were forced to leave the Despite international calls for their urgent country as a result of the “erasure”. relocation, UNMIK failed to adequately In 1999 and again in April 2003 the consult the community or find suitable Slovenian Constitutional Court had alternative accommodation for the recognized the unlawfulness of the community by the end of the year. removal from the registry of permanent residents of the individuals concerned Trafficking of women and girls for and ordered the Slovenian authorities to forced prostitution retroactively restore their permanent resident status. The Slovenian Although arrests and convictions for Constitutional Court had recognized that trafficking continued to be reported, this measure constituted a violation of

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the principle of equality and, in those of these persons’ economic and social cases where the individuals concerned rights, including the rights to work, social had to leave Slovenia, it gave rise to a security, health care and education. violation of their rights to a family life Moreover, the Committee expressed its and to freedom of movement. regret at the “lack of information on the actual situation with regard to the Following the 2003 Constitutional Court enjoyment by those individuals of the decision, the Slovenian Ministry of rights set out in the Covenant”. Interior had initially issued approximately 4,100 decrees retroactively restoring the The Committee urged Slovenia “to take status of permanent residents of the the necessary legislative and other individuals concerned. However, the measures to remedy the situation of Slovenian authorities had stopped issuing nationals of States of former Yugoslavia such decrees in July 2004 and no new who have been ‘erased’ as their names steps have been taken to implement the were removed from the population Constitutional Court decision and to registers in 1992”. The Committee restore the rights of the “erased”. strongly recommended that Slovenia Moreover, those affected by the restore the status of permanent residents “erasure” continue to be denied access to to all the individuals concerned, in full reparation, including compensation. accordance with the relevant decisions of the Slovenian Constitutional Court. Such UN Committee on Economic, Social measures “should allow these individuals and Cultural Rights to reclaim their rights and regain access to health services, social security, In November the UN Committee on education and employment”. The Economic, Social and Cultural Rights Committee also requested that Slovenia, (Committee) issued its concluding in its next periodic report, report on observations after considering Slovenia's progress in this regard. initial report on measures to give effect to the rights enshrined in the International Covenant on Economic, TAJIKISTAN Social and Cultural Rights. UN Human Rights Committee Prior to the examination of Slovenia’s report, AI had submitted a written In July the UN Human Rights Committee briefing to the Committee detailing its issued its concluding observations of concerns with regard to human rights Tajikistan’s initial report on its violations linked to the unresolved status observance of obligations under the of the “erased”, including their lack of International Covenant on Civil and access to full reparation for the violation Political Rights (ICCPR). With respect to of their human rights to which the the death penalty, the Committee urged “erasure” led. The document Slovenia: the authorities to “take urgent measures The “erased” - Briefing to the UN to inform families of the burial sites of Committee on Economic, Social and those who were executed before the Cultural Rights (AI Index: EUR moratorium” on death sentences and 68/002/2005) was subsequently executions, which took effect from 30 published after the Committee issued its April 2004. According to domestic law, concluding observations. “[t]he body [of an executed prisoner] shall not be given out for burial, and the The Committee concluded that the burial place shall not be disclosed.” The situation of the “erased” entails violations Committee also raised concern about the

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“widespread use of ill-treatment and individuals subject to Tajikistan’s torture by investigation and other jurisdiction who claim to be victims of officials to obtain information, testimony violations of rights set out in the or self-incriminating evidence from Covenant. In both cases the Committee suspects, witnesses or arrested persons”; found serious violations of the Covenant about “poor conditions and and urged Tajikistan to provide overcrowding” in places of detention; and appropriate compensation. For example, about the “limited access” to penitentiary in the case of Valijon Aliboyev, sentenced institutions by civil society and to death by the Supreme Court of international bodies. The Committee was Tajikistan in November 2000 and further concerned about the “apparent executed in July 2001, the Committee lack of independence of the judiciary”, concluded that he had been subjected to and about provisions in domestic law torture or other ill-treatment following enabling the authorities to “refuse to his arrest and that his right to a fair trial register as candidates for election had been violated. The Committee also individuals against whom criminal pointed out that the initial failure to proceedings are pending, notify his wife of the execution and to notwithstanding the fact that their guilt inform her of his burial place amounted has not been established”. The to inhuman treatment. It ruled that the Committee urged that Tajikistan authorities of Tajikistan were under an “introduce a system that ensures that all obligation to provide Valijon Aliboyev’s detainees are as a matter of course wife “with an appropriate remedy, brought promptly before a judge who will including appropriate compensation [and] decide without delay on the lawfulness of to prevent similar violations in the the detention” and to “recognize the right future”. (For further information about of conscientious objectors to be Valijon Aliboyev’s case, see AI Index: exempted from military service”. The EUR 60/003/2001). Committee was also concerned about “persistent reports that journalists have UN Special Rapporteur on the been harassed by State officials in the independence of judges and lawyers exercise of their profession and that newspapers have been seized”. In order During his visit to Tajikistan in to tackle the ongoing issue of trafficking September Leandro Despouy, the UN the Committee urged the authorities to Special Rapporteur on the independence “redouble its efforts” and “rigorously of judges and lawyers, raised concern review the activities of responsible about a number of issues undermining governmental agencies to ensure that no the independence of the judiciary. For State actors are involved”. example, he pointed out that cases had come to his attention where “judges were Death penalty not in a position to independently issue judgements for fear of possible In the period under review the UN repercussions” and that “the prosecutor Human Rights Committee issued rulings remains in a superior situation in on two cases of former death row comparison to defence lawyers which prisoners which had been submitted to contradicts the international standard of the Committee by the men’s relatives. By equality of arms in court proceedings”. acceding to the first Optional Protocol to the ICCPR in 1999 the authorities of Tajikistan recognized the competence of TURKEY the UN Human Rights Committee to consider communications from

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In September, Turkey signed the Background Optional Protocol to the UN Convention against Torture and Other Cruel, On 3 October, the Council of Ministers of Inhuman or Degrading Treatment or the European Union formally opened Punishment. Future ratification of the negotiations for Turkey’s membership of protocol will signal the introduction of the EU, after a tense day of negotiations. mechanisms to permit the regular visiting The background to the formal opening of of places of detention by independent membership negotiations in October national and international bodies. 2005 was laid in the previous year: the annual progress report on Turkey in 2004 New legislation and continuing commented favourably on the reforms restrictions on freedom of undertaken by Turkey to satisfy the expression requirements of the so-called Copenhagen Criteria, and in December After the introduction of the new Turkish 2004 the Council of Ministers signalled a Penal Code (TPC) on 1 June, it became date of 3 October 2005 for the evident that there was a worrying commencement of negotiations. However, tendency among prosecutors to continue the December 2004 decision also made to apply revised versions of articles of explicit mention for the first time that the previous penal code to restrict negotiations could at any time be freedom of expression. This suspended “in the case of a serious and demonstrated, firstly, that in the case of persistent breach in a candidate state of some articles the revisions had been the principles of liberty, democracy, insufficient and still left open a wide respect for human rights and margin for criminalizing peaceful fundamental freedoms and the rule of expressions of dissenting opinion across law on which the Union is founded”. the political spectrum; and secondly, a punitive approach among some The accession process is expected to take prosecutors and judges which indicated a between ten and fifteen years and lack of awareness of international human Turkey’s entry must be ratified by all EU rights law and insufficient knowledge of member states. However, continued the case law of the European Court of monitoring of Turkey’s compliance with Human Rights. EU standards in all areas will continue and the EU describes the negotiations as On 16 December a case was opened “an open-ended process, the outcome of against the novelist Orhan Pamuk at the which cannot be guaranteed beforehand”. Şişli Court of First Instance No.2 on In September 2005 a declaration issued charges of “denigrating Turkishness”, by EU member states added the proviso under Article 301 of the TPC. The novelist that Turkey must recognize Cyprus was prosecuted for comments he had before it becomes a member of the EU, made in a Swiss magazine (Tages and called on Turkey to normalize Anzeiger) in February in an interview in relations with all EU member states which he stated, “30,000 Kurds and a (including by fully implementing its million Armenians were murdered. Hardly custom union with all member states, anyone dares mention it, so I do. And including Cyprus).The declaration that’s why I’m hated”. indicated that the accession talks would proceed slowly were this not to happen On 7 October, Hrant Dink, a journalist soon. and editor of the Armenian-language weekly newspaper Agos, was given a six- month suspended prison sentence by the

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Şişli Court of First Instance No.2 in In general, there were persistent reports Istanbul for “denigrating Turkishness” in of the failure of law enforcement officials an article he wrote on Armenian identity. to follow lawful detention and Hrant Dink appealed the decision. He had investigative procedures and of an ongoing prosecution against him on prosecutors failing to ascertain that law separate charges under Article 301 for a enforcement officials had complied with speech he had made during a conference procedures. The continuing lack of organized by the Urfa branch of the non- effective and transparent monitoring of governmental organization Mazlum Der places of detention and the lack of on 14 December 2002, entitled “Global scrutiny of the implementation of Security, Terror and Human Rights, detention procedures signalled the Multi-Culturalism, Minorities and Human potential reversibility of any decrease in Rights”, in which he discussed his own reports of torture and ill-treatment of relationship to official conceptions of some detainees. Turkish identity. The persisting failure to bring law A number of other cases were opened enforcement officials who commit human against human rights defenders, rights violations to justice also signals publishers and journalists under the the lack of genuine advance in this area. same article. AI opposed the trials on the Investigations continued to be marked by grounds that the wide and vague terms deeply flawed procedures and supported of Article 301 meant that it posed a suggestions of an unwillingness on the direct threat to the right to freedom of part of the judiciary to bring perpetrators expression (see AI Index: EUR of human rights violations to justice. An 44/035/2005). If imprisoned, AI would overwhelming climate of impunity consider them to be prisoners of persisted. conscience. In October, in the Black Sea town of By the end of the year, AI became Ordu, five teenagers aged between 15 increasingly aware that other articles of and 18 were detained at the opening of a the TPC, particularly Article 216 (inciting new shopping centre. The five reported racial hatred) and Article 288 (influencing being beaten, verbally abused, the judiciary) were at risk of being used threatened and having their testicles in a way that constituted an unnecessary squeezed both while being detained and restriction on the right to freedom of while in custody at the Ordu Central expression. Other laws also continued to Police Station. They were later released. be used to restrict freedom of expression, Two reported that they were stripped and including articles of the Press Law. threatened with rape. Three were not recorded as having been in police Torture and ill-treatment, and detention. One was subsequently impunity charged with violently resisting arrest. Beyond the alleged ill-treatment, injuries Torture and ill-treatment continued to be consistent with which were documented reported. Although there was a decrease in medical reports and photographs, over the entire year in reports of torture other irregularities in the handling of the or ill-treatment of individuals detained on detained teenagers by the police and suspicion of committing political offences, prosecutor demonstrated a failure to those detained for ordinary crimes follow legal procedures from the moment (particularly theft and public order of detention onwards. It is worth offences, and involvement in organized observing here that this was not a case crime) continued to be at particular risk. which went unnoticed: the Human Rights

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Association prepared a detailed report on Deterioration of human rights in the the case and Human Rights Watch wrote south-east and eastern provinces an open letter to the Turkish government about it. Lawyers for the teenagers There continued to be a rising number of lodged a formal complaint of torture. At armed clashes between the Turkish the end of the year, in the face of all the Armed Forces and the armed evidence, the prosecutor issued a oppositionist group, the Kurdistan decision not to pursue an investigation Workers’ Party (PKK), resulting in a rising into the allegations against the police. number of deaths of soldiers and armed The lawyers appealed against this oppositionists. In this context, the decision. second half of 2005 saw a further deterioration in human rights in the Imprisonment of conscientious mainly Kurdish-populated south-east and objector eastern provinces of the country.

On 10 August conscientious objector However, on 12 August Prime Minister Mehmet Tarhan returned to Sivas Recep Tayyip Erdoğan visited Diyarbakır military prison, from where he had and made some comments which previously been released, to continue acknowledged the ‘Kurdish problem’ in a serving a four-year sentence on two manner which was welcomed among charges of insubordination. AI considered Kurdish opinion formers and human him to be a prisoner of conscience. On 30 rights defenders. He reportedly said: September a prison officer accompanied “The Kurdish problem is everyone’s by at least three guards allegedly forcibly problem, firstly my problem. Discounting cut Mehmet Tarhan’s hair and shaved his the mistakes made in the past does not beard, against his will, while he was held befit mighty states. The solution lies in down by at least seven people. The more democracy, more citizenship law, incident reportedly left Mehmet Tarhan in more welfare.” (Radikal, 13 August 2005). severe pain and observers noted bruises In the National Security Council meeting on his limbs. A medical examination of 23 August Prime Minister Erdoğan was carried out the next day by two military reportedly warned by the military doctors reportedly concluded that there members of the council not to use the were no signs of beating on his body and term ‘Kurdish problem’ and criticized for he was sent back to the military prison. his approach. The public press release about the National Security Council On 2 November the Military Court of meeting focused on the need to preserve Appeal overturned Mehmet Tarhan’s the principles spelled out in the sentence on the grounds that Mehmet constitution, including the ‘indivisibility of Tarhan’s homosexuality (the reason he the country’, the need to increase efforts may be regarded as unfit for military to address economic, cultural and social service”) had not been established via inequalities among different provinces, “proper physical examination procedures”. and the importance of continuing the The case was returned to the Military ‘war on terror’ within the framework of Court of Sivas, which on 15 December the constitution and laws. chose to ignore the recommendation that Mehmet Tarhan undergo a physical A few of the most serious incidents are examination. The case returned again to mentioned here to demonstrate the the Military Court of Appeal (see AI Index: adverse impact on human rights of the EUR 44/036/2005). rising conflict between the armed forces and the PKK in the south-east and eastern provinces:

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On 3 August, Hasan Şahin (68) was failed to pursue such complaints or have found dead in the Meytan hamlet of withdrawn them out of fear of further Aktuluk village in Tunceli. According to reprisals from the security forces. the autopsy report issued in late August, he had been shot dead. Hasan Şahin had Killings of civilians by armed reportedly been living in Germany for oppositionist groups many years and had returned to Tunceli for a summer holiday. Human rights On 6 July, former People’s Democracy defenders raised concerns that his killing Party (HADEP) vice chair, Hikmet Fidan, by unknown perpetrators bore the signs was assassinated in Diyarbakır, allegedly of having been perpetrated by the by the PKK. security services, since it was known that Hasan Şahin was the father of a senior On 16 July a bomb explosion on a member of the PKK. Alleged retribution minibus killed five people (two of them against family members for the tourists) and injured 13 others in the oppositional activities of their next of kin Aegean town of Kuşadası. The bombing and relatives is a matter of grave was claimed by an organization calling concern for AI. At the end of the year, no itself the Kurdistan Freedom Falcons, further information about the progress of whose precise relationship with the PKK the prosecutor’s investigation into this is unclear. Other such bombings, causing killing had been received. injuries to civilians, mostly remained unexplained, but may have been carried There were reports of a rising number of out by armed opposition groups. civilians shot dead by the security forces in disputed circumstances. ‘Failure to Şemdinli incidents of 9 November obey a stop warning’ was a common explanation provided by the security On 9 November in the south-eastern forces, but in the absence of thorough town of Şemdinli, a bookshop was investigation of such incidents – bombed, killing one man, Mehmet Zahir particularly in the south-eastern Korkmaz, and injuring others (AI Index: provinces – the suspicion that many of EUR 44/033/2005). The owner of the those killed may have been victims of bookshop and others managed to excessive use of force or extrajudicial apprehend the suspected bomber and killings by the security forces remains. two other men, after the former had got For example, the full circumstances of into a car nearby where the two other the raid on a house in Van by members men were allegedly waiting for him. In of the security forces on the night of 21 the car were discovered weapons, lists of September, which left three people dead, names of political oppositionists, were unclear. The father of Üzeyir Tasar information about individuals in Şemdinli, (one of the dead, who was allegedly shot maps and other documents. The name of at some distance from the house being the bookshop owner (who had in the past targeted) was reportedly later told by served a prison sentence for membership officials at the Van Security Headquarters of the PKK) allegedly appeared in one list that the shooting of his son had been a and among other such plans were ones mistake. of his home and workplace. After the apprehension of the three by the crowd, AI was concerned to hear reports from it was revealed that two men, Ali Kaya lawyers in Van that victims and their and Özcan İldeniz, were members of the relatives who reported human rights security services, with identity cards violations (including killings) allegedly indicating that they were plain-clothed perpetrated by the security forces have gendarmerie intelligence (JİT) officers.

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The alleged bomber, Veysel Ateş, was involved and to demand the production subsequently revealed to be a PKK of evidence” (Article 10). A further article informant (a former PKK member who is of particular relevance in this situation was now working for gendarmerie was also cited: intelligence). The three men were escorted away from the scene by police, “In cases in which the established and the alleged bomber was detained in investigative procedures are inadequate relation to the bombing and murder. because of lack of expertise or impartiality, because of the importance Subsequently, as the prosecutor carried of the matter or because of the apparent out a crime-scene investigation, the existence of a pattern of abuse, and in assembled crowd was fired upon from a cases where there are complaints from car, resulting in the death of one civilian, the family of the victim about these Ali Yılmaz, and injury of others. The inadequacies or other substantial reasons, prosecutor’s crime-scene investigation Governments shall pursue investigations was postponed. A gendarmerie special through an independent commission of sergeant, Tanju Çavuş, was detained on inquiry or similar procedure. Members of charges of disproportionate use of force such a commission shall be chosen for resulting in death. their recognized impartiality, competence and independence as individuals. In The Turkish Prime Minister, Justice particular, they shall be independent of Minister and Interior Minister any institution, agency or person that immediately expressed strong may be the subject of the inquiry. The determination to uncover all dimensions commission shall have the authority to of this incident and to expend every obtain all information necessary to the effort in bringing the perpetrators to inquiry and shall conduct the inquiry as justice, with Justice Minister Çiçek provided for under these Principles.” characterizing the current period in (Article 11). Turkey as being “a period in which incidents do not remain in the dark”. AI called for the government to establish an independent commission of inquiry to Given the serious allegations of direct examine: the motivation for an incident official involvement in the events of 9 which bears the marks of an November in Şemdinli and the questions assassination and which was allegedly raised thereof, AI called upon the perpetrated by a PKK informant and two government of Turkey to establish an members of the gendarmerie intelligence independent commission of inquiry, services; the killing of a civilian conducted in accordance with the UN bystander (and injury of others) allegedly Principles on the Effective Investigation perpetrated by a gendarmerie specialist of Extra-Legal, Arbitrary and Summary sergeant; whether, on the basis of Executions. Particular attention was evidence found in the car allegedly used drawn to articles which emphasize by the three implicated in the bombing of “thorough, prompt and impartial the bookshop, the incident constituted investigation” (Article 9), by an part of a broader policy on the part of the investigative authority with “the power to state security services aimed at targeting obtain all the information necessary to political oppositionists in the region; the inquiry”, “the authority to oblige suggestions of links to an earlier officials allegedly involved in any such bombing in Şemdinli on 1 November executions to appear and testify” and 2005 which resulted in multiple injuries entitlement “to issue summonses to of civilians and damage to property, and witnesses, including the officials allegedly the precise chain of command and level

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of involvement in the 9 November separate incident and failing to take incidents in Şemdinli of gendarmerie and statements of witnesses to establish military personnel at senior levels. whether there was evidence to connect this shooting with the earlier bombing, AI also expressed grave concerns over the Van prosecutor issued a decision that the fatal shooting of four demonstrators the case did not fall within the remit of by police during demonstrations in the Heavy Penal Court authorized to deal protest at the incidents in Şemdinli in with terrorist offences and organized other towns in the region (Yüksekova, crime and sent it to the relevant local Hakkari) and in Mersin, and alleged penal court, in this case the Hakkari excessive use of force resulting in Heavy Penal Court. Tanju Çavuş was multiple injuries to demonstrators. subsequently charged by the Hakkari prosecutor with disproportionate use of Following the incidents on 9 November, force resulting in death. there were a number of striking developments. Notable was the Şemdinli On 23 November, on the initiative of the prosecutor’s initial delay in taking the Prime Minister, the Grand National statements of the two accused Assembly of Turkey (the parliament) gendarmerie officers, Ali Kaya and Özcan voted to establish a parliamentary İldeniz. After providing statements, they investigative commission on the Şemdinli were also initially released by the incidents. AI was concerned that the Şemdinli prosecutor on the basis of setting up of a parliamentary insufficient evidence. investigative commission could not be regarded as compliant with the UN The case against the three suspects was Principles on the Effective Investigation referred on 22 November to the Chief of Extra-Legal, Arbitrary and Summary Public Prosecutor at the Heavy Penal Executions because it did not have the Court in Van (the former State Security necessary powers to summon all Court whose remit is “terror” offences materials and witnesses. and organized crime). For the first time two military personnel, along with an The Parliamentary Human Rights informant, were investigated by the Van Commission also took a decision to carry Prosecutor on suspicion of “undertaking out its own investigation into the activities aimed at destroying the unity of Şemdinli incidents of 9 November. At the the state and the territorial integrity of end of the year the parliamentary the country” (TPC Articles 302/1 and investigative commission and some of 302/2) and “forming a gang to do this” the content of their statements were (TPC Article 316/1). These articles fall reported in the press. under the remit of the Anti-Terror Law (3713) and the sentence is life imprisonment. The prosecutor’s TURKMENISTAN investigation continued and the indictment had not appeared by the end International scrutiny of the year. In August the UN Committee on the The case of the gendarmerie sergeant, Elimination of Racial Discrimination Tanju Çavuş, who fired on the crowd (CERD) considered Turkmenistan’s first during the prosecutor’s crime-scene report to a UN Committee on its investigation and killed Ali Yılmaz, was observance of obligations under the separated out from the case against the Convention on Elimination of All Forms of other three accused. Treating it as a Racial Discrimination. Among issues

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raised by the CERD were reports of hate Jehovah’s Witnesses Durdygul Ereshova speech, including by senior officials and and Annajemal Tuylieva were detained public figures, against national and ethnic by police on 7 October and taken to minorities and in favour of Turkmen Niyazov district police station in Ashgabat. “ethnic purity”. The CERD expressed A senior officer allegedly insulted both concern at reports that members of women, beat and kicked Annajemal minorities were denied state employment Tuylieva, and threatened to rape them. or access to higher education, and that Police were said to have accused them of minority cultural institutions and “illegal religious activity” and “vagrancy”, numerous schools teaching in minority and to have confiscated the passport of languages had been closed. Durdygul Ereshova’s husband and threatened her with forcible resettlement On 16 December the UN General to the Lebap region in the east. Assembly expressed “grave concern at continuing and serious human rights Hare Krishna devotee Cheper violations” in Turkmenistan. It raised Annaniyazova was sentenced to seven concern, among other things, at the years’ imprisonment on 17 November by repression of political opposition; severe Ashgabat city court. There were restrictions of freedom of expression, allegations that she was targeted to conscience, religion, and movement; punish her for peacefully exercising her reports of torture and ill-treatment of right to freedom of religion and belief. detainees; poor prison conditions; Two of reportedly three charges brought discrimination against ethnic minorities, against her related to illegal border and the continued denial by the crossing. The third charge is not known authorities of unaccompanied access to to AI and was reportedly not announced prisoners by the International Committee at the court hearing. Cheper of the Red Cross (ICRC). A list of Annaniyazova reportedly admitted to recommendations included a call on having crossed the border into Turkmenistan to “cooperate with all the Uzbekistan illegally three years ago. mechanisms of the Commission on However, she said she had applied for Human Rights, particularly requests permission to leave the country, which made by a number of special rapporteurs was refused to her. AI knows of many to visit the country”. Many UN special cases where dissidents, members of mechanisms had requested to visit religious minority groups or members of Turkmenistan in recent years. However, their families have been denied the authorities of Turkmenistan have not permission to leave the country. In granted access to the country to any of addition, there were allegations that them. while scores of people have crossed the border with Uzbekistan illegally, few have Continued clampdown on dissent and been prosecuted for the offence and that religious freedom (update to AI Cheper Annaniyazova was targeted to Index: EUR 61/003/2005) punish her for peacefully exercising her right to freedom of belief. AI also Civil society activists, political dissidents received reports that Cheper and members of religious minority Annaniyazova had been forcibly confined groups continued to be subjected to in a psychiatric hospital in Ashgabat for a harassment, arbitrary detention, month from early August. No details are imprisonment and torture and ill- known about the circumstances of her treatment. confinement but there were again allegations that she was targeted because of her religious beliefs.

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Dozens of prisoners sentenced following deputy Minister of Justice, Inna unfair trials in connection with the Emilianova; the General Prosecutor, November 2002 alleged assassination Sviatoslav Piskun; the Minister of attempt on President Niyazov continued Internal Affairs, Yuriy Lutsenko; the to be held incommunicado. Many had Human Rights Ombudsperson, Nina allegedly been tortured and ill-treated Karpacheva, and the Chair of the following their arrests. They continued to Parliamentary Standing Committee on be denied access to families, lawyers and Human Rights, National Minorities and independent bodies including the ICRC. Inter-ethnic Relations, Hennadiy In this period under review the Udovenko. During these meetings almost authorities again failed to adequately all government representatives readily respond to allegations that some of those agreed that torture and ill-treatment in imprisoned in connection with the police detention was a problem, showing November 2002 events died in custody openness and stating a willingness to as a result of torture and poor prison cooperate with AI. For example, the conditions. General Prosecutor arranged for two of AI’s delegates to spend a morning in the department for supervision of UKRAINE investigations, to go through the files on the cases that featured in the report. International concern about human rights A number of steps were taken during the period under review to reduce torture or On 17 October, the Parliamentary other ill-treatment. During 2005, a pilot Assembly of the Council of Europe project was launched jointly by the adopted a monitoring report on Ukraine Ministry of Internal Affairs, the National which called on the government to pay University of the Ministry of Internal particular attention to the fight against Affairs and the Kharkiv Human Rights corruption, to strengthening the rule of Group to monitor places of detention law and to the organization of free and under the control of the Ministry of fair elections in March 2006. During a Internal Affairs. In July, it was decided to briefing ahead of the European Union- expand this project to cover the whole of Ukraine summit which took place in Kyiv Ukraine. The Ministry of Internal Affairs on 1 December, Mrs Hilde Hardeman, also took steps to increase the use of bail Head of Ukraine Desk in the European measures and thereby cut down on Commission, said that human rights were overcrowding in pre-trial detention still an area of great concern and that centres. However, despite these “the whole process is very slow and measures AI continued to receive reports unfortunately not promising”. of torture and ill-treatment and, in a letter to AI in November, the Ministry of Torture and ill-treatment Internal Affairs admitted that the practice of torture and ill-treatment had still not In September, AI launched a report on been eliminated. torture and ill-treatment in police detention in Ukraine (Time for Action: Impunity Torture and ill-treatment in police detention, AI Index: EUR 50/004/2005). The General Prosecutor stated in September that 226 cases had been While in Ukraine to launch the report AI opened against police officers for torture delegates met with the Chair of the and ill-treatment and that there had been Supreme Court, Vasiliy Malarienko; a more than 1,000 complaints during the

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past year. Of the six cases that featured individual sleeping places, only one in in the AI report only one case has five had an exercise yard and each resulted in the prosecution of the police detainee was allocated only 2.5 square officers concerned. In December, AI metres of accommodation space. A wrote to the General Prosecutor, with a programme of reconstruction has begun copy to the Ministry of the Interior, to and the government has allocated 30 raise four further cases that the million Hryvnya (4.66 million euros) to organization had received. AI was refurbish existing, and build new, pre- continuing to monitor the cases. At the trial detention centres. end of the year four cases were ongoing against police officers under Article 127 Racist attacks of the criminal code which specifically prohibits torture. There were continuing reports of antisemitic and racist attacks across the Signing of Optional Protocol to the country. On 28 August, Mordechai Convention against Torture and Molozhenov, a 32-year-old student of Other Cruel, Inhuman or Degrading Judaism, and another student were Treatment or Punishment attacked by “skinheads” in an (Convention against Torture) underground passage in Kyiv. The “skinheads” allegedly shouted antisemitic In September, Ukraine signed the abuse during the attack. Mordechai Optional Protocol to the Convention Molozhenov was left in a coma and against Torture. On 24 November the required brain surgery. He was later Organization for Security and Co- treated in hospital in Israel. Three operation in Europe hosted a seminar in suspects were detained and charged with the capital, Kyiv, to promote effective “hooliganism”. The Deputy Minister of implementation of the Optional Protocol’s Internal Affairs told the Israeli requirements. The seminar was attended ambassador that the attack had not been by non-governmental organizations, motivated by antisemitism. However, representatives of the General President Yushchenko, in a written Prosecutor’s office, the Ministry of statement, condemned all forms of Internal Affairs and the Supreme Court. racism and xenophobia, and called the Delegates from AI and the international incident shameful. organization the Association for the Prevention of Torture addressed the ‘Disappearance’ of Georgiy Gongadze seminar. (Update to AI Index: EUR 01/012/2005) Conditions in detention On 20 September, parliament heard the In a letter to AI of 3 October, the long-delayed report of the parliamentary Ministry of the Interior admitted that investigating committee, which concluded conditions in pre-trial detention centres that Georgiy Gongadze had been were not in line with international murdered, that the crime had been standards: 13 per cent of pre-trial organized by former President Leonid detention centres were not equipped with Kuchma and former Minister of Justice, water and sanitation facilities within the Yuryi Kravchenko, and that other high cell blocks, while 47 per cent of pre-trial ranking officials had been involved. On 8 detention centres lacked medical facilities November, the European Court of Human intended for compulsory health check- Rights ruled that Ukraine had violated ups of new arrivals. One in four had three articles of the European Convention insufficient natural lighting and lacked for the Protection of Human Rights and

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Fundamental Freedoms in the case of measures with a view to preventing Georgiy Gongadze. The court ruled that further attacks. However, the the Ukrainian authorities had violated organization stressed that it was equally Article 2 (the right to life), Article 3 incumbent on the authorities to ensure (prohibition of inhuman or degrading that measures taken to bring people to treatment) and Article 13 (right to an justice, as well as measures taken to effective remedy). On 19 December the protect people from such crimes, trial began of three police officers respected fundamental human rights. accused of the murder. AI also stated that the UK authorities had The investigative journalist Georgiy a further duty in the aftermath of the Gongadze “disappeared” late in the attacks: to ensure that victims and their evening of 16 September 2000. In early families received prompt and adequate November 2000 a decapitated corpse reparation. Concern was expressed by was found in a shallow grave in the some of those whose lives had been forest district of Tarashcha in the shattered by the July bombings about the outskirts of the capital, Kyiv. A forensic lack of prompt and adequate reparation. examination conducted by an independent team of experts from the “Counter-terrorism” measures Institute of Criminal Medicine in Lausanne, Switzerland, identified the AI continued to express concern about body as that of Georgiy Gongadze. The human rights violations as a result of the release of recordings allegedly of introduction and application of counter- conversations between former President terrorism measures in the UK. Kuchma and his close aides discussing how to “silence” the journalist led to a AI was concerned that the measures political scandal and numerous enacted by the government involved demonstrations. punishment of people whom the authorities had decided were a threat but against whom the authorities had stated UNITED KINGDOM there was insufficient evidence to present to a court. In this context, AI remained London bombings concerned, in particular, about the effective persecution of men labelled by Fifty-two people were killed and the government as “suspected hundreds of others wounded as a result international terrorists”, mostly on the of four bomb attacks on London’s basis of secret intelligence. These were transport system on 7 July. Four other the same individuals who had been people, thought to be suicide bombers, interned without charge or trial under the also died. Another series of serious lapsed Part 4 of the Anti-terrorism, Crime security incidents took place on 21 July. and Security Act 2001 (ATCSA); who had At least four people were subsequently then been subjected to severe charged with offences in connection with restrictions of their rights under “control the 21 July events. orders” imposed under the Prevention of Terrorism Act 2005 (PTA); and who, by AI unconditionally and unreservedly the end of the year, were awaiting condemned the attacks, and called for deportation on national security grounds, those suspected of involvement to be which the government began pursuing brought to justice. AI also recognized after announcing that it had concluded, that it was incumbent on the UK or was about to conclude, a number of authorities to review legislative and other Memorandums of Understandings with

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the governments of the countries to persons held under anti-terrorism which it was seeking to deport these men legislation. (see below). On 11 August AI issued a detailed The Prime Minister proposed new response to the Prime Minister’s measures with the stated view of statement of 5 August expressing countering terrorism. Most of them were concern that some of the announced inconsistent with the UK’s obligations proposals would threaten the under domestic and international human independence of the judiciary, and rights law and many targeted non-UK undermine the rule of law and citizens. On 5 August the Prime Minister fundamental human rights in the UK. The announced a 12-point plan concerning a organization was also concerned that the “comprehensive framework for action in Prime Minister criticized the decisions of dealing with the terrorist threat in domestic courts to strike down Britain”. He declared: “Let no one be in deportation orders in cases where the any doubt. The rules of the game are individuals concerned faced expulsion to changing.” His proposed changes to a country where there would be a real legislation and policy included a risk of torture or other ill-treatment. suggestion that the government was In late August, a few weeks after the prepared to amend domestic human Prime Minister announced the 12-point rights law (i.e. the Human Rights Act plan, the then Home Secretary Charles 1998) to make deportations of people Clarke proposed new measures to target who were deemed to threaten national non-nationals considered to be security easier. He said his proposals threatening public order and national were “necessary” and that administrative security. The Home Secretary ordered an measures that did not need primary immediate review of his powers to legislation would be put in place with exclude and deport non-British citizens immediate effect. The statement, taken suspected of “justifying or glorifying as a whole and combined with the terrorism, seeking to provoke terrorist answers he provided subsequently, acts, fomenting other serious criminal amounted to a serious attack on human activity, [and] fostering hatred that rights protection, the rule of law and the might lead to inter-community violence”. independence of the judiciary.2 The Home Secretary proposed setting up a global database listing foreigners who The Prime Minister’s plan included: engage in different forms of deporting people to countries where “unacceptable behaviour”, such as radical torture or other ill-treatment are known preaching or publishing websites and to be practised (on the basis of articles intended to foment “terrorism”, “diplomatic assurances”); new grounds to be vetted automatically before for deportation and exclusion; new entering the UK. offences criminalizing “indirect incitement of terrorism”; automatic refusal of In response to the Home Secretary’s asylum to persons deemed to be proposals, AI expressed concern that the associated with terrorism; and procedure to be used to process significantly extending the maximum deportations or exclude people who may time limit of pre-charge detention of be deemed to “threaten public order and national security” may once again include the use of secret intelligence at closed hearings (see AI Index: EUR 2 “Prime Minister’s Press Conference”, 10 45/033/2005). AI considered that some Downing Street, 5 August 2005. of the measures put forth by the Home

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Secretary would violate basic human featured in these MoUs would be enough rights and the UK’s international to relieve it of its domestic and obligations. international obligations not to send anyone to a country where they would be Also on 24 August, the UN Special at risk of torture or other ill-treatment. Rapporteur on torture and other cruel, inhuman or degrading treatment or In August, October and December the punishment, Manfred Nowak, expressed government concluded MoUs with Jordan, concern over the Home Secretary’s plan Libya and Lebanon, respectively. AI to deport alleged terrorist suspects. He expressed concern that the MoUs which criticized the government’s intention to the government had negotiated and return people to their countries of origin continued to negotiate seriously even if those countries had a track record undermined the prohibition of torture and of human rights abuses. The Special other ill-treatment. Rapporteur said that this “reflects a tendency in Europe to circumvent the AI considered that MoUs would not international obligation not to deport provide sufficient protection to anybody if there is a serious risk that he individuals from torture or ill-treatment. or she might be subjected to torture”. By definition, such assurances would only Peter Kessler, spokesperson for the UN be needed from countries where torture High Commissioner for Refugees (UNHCR) or other ill-treatment was widely known also expressed concern about the to be practised. Moreover, these proposals, saying that if the UK deported agreements were being sought with individuals back to countries where they countries which lacked the legal risked persecution, then it would be in safeguards to ensure that systems were violation of its obligations under the 1951 in place to protect the rights of people in Convention (The Guardian, 25 August detention. The organization considers 2005). that diplomatic assurances are both evasive and erosive of the absolute legal Memorandums of Understanding (MoUs) prohibition of torture or other ill- treatment in general, and of the As part and parcel of the new “counter- prohibition of returning or transferring terrorism” measures, the UK government anyone to a country where s/he would be pursued the deportation of individuals it at a substantial risk of such a treatment believed were a threat to national or being subjected to other serious security, notwithstanding the fact that human rights violations in particular, in there would be a real risk of serious addition to being inherently unreliable, human rights abuses upon deportation. morally questionable and in practice With the aim of facilitating deportations, ineffective. the UK government began negotiating bilateral agreements known as Prevention of Terrorism Act 2005 and Memorandums of Understanding (MoUs) “control orders” (update to AI Index: with the governments of the countries to EUR 01/012/2005) which it planned to deport such people. The UK government asserted that a MoU, AI continued to express concern about a bilateral agreement between the powers granted to the executive government officials, would guarantee under the PTA. Throughout 2005, 18 that people deported by the UK would people had been subjected to “control not be tortured or otherwise ill-treated in orders”; however, by the end of 2005, the country to which they would be sent. only nine orders were still in force, It claimed that diplomatic assurances including one that had been imposed on

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a UK national. The reduction from 18 to if deported to Algeria. One juror said, “If nine “control orders” had occurred anyone has grounds for asylum in this because nine men were served on 11 country, it is these men.” August with deportation orders. At least eight were formerly detained under the The UK executive maintained that these previously lapsed Part 4 of the ATCSA. persons were a “threat to national Their “control orders” were revoked at security”. It made such an assertion the end of August following their notwithstanding the fact that it had detention under immigration powers, stated before the courts that in respect of which the government contended was all the former internees there was necessary to enforce their deportation on insufficient evidence to support a criminal national security grounds. charge, and despite the fact that, throughout their ordeal over the years, As of November, 29 people were the police, the security services or the detained awaiting deportation as a Crown Prosecution Service had still not “threat to national security”. In the cases questioned them since their initial arrest of these individuals the government under the ATCSA. stated that it was relying on MoUs already concluded, as well as on the The UK government claimed that there “successful” conclusion of further MoUs was now a reasonable prospect of with other countries in North Africa and effecting the forcible removal of the the Middle East, including, in particular, former detainees from the UK within a Algeria. reasonable time relying on the “successful” conclusion of MoUs with Treatment of “suspected international certain foreign governments. terrorists” Cases of “A”, “G” and “H” and Mahmoud In August the UK executive re-arrested Abu Rideh (Mahmoud Abu Rideh: update people formerly detained without charge to AI Index: EUR 01/012/2005) under the ATCSA. These individuals were re-imprisoned under immigration powers, Upon being re-arrested on 11 August purportedly pending their deportation on 2005, “A”, “G” and “H”, together with national security grounds. Among those others, were detained in Long Lartin arrested were former detainees prison in Worcestershire, a prison with previously held at Belmarsh high security security features and systems which prison. enable it to operate as a dispersal prison, and Full Sutton prison near York, a Other foreign nationals were also maximum security prison, very far away subsequently served with deportation from their families, their lawyers and, orders on national security grounds, and crucially, their doctors. Mahmoud Abu held under immigration powers pending Rideh was not rearrested but remained deportation, including seven Algerians under a “control order”. who were arrested and detained in September 2005. Among them were four AI expressed deep concern at what men who had been acquitted in a UK appeared to be the UK authorities’ court of planning an attack using ricin. continued disregard of the recent serious Jurors involved in the case told the psychiatric history of these individuals London-based newspaper The Guardian and the reasons for that history, that they were angry that their verdicts including the circumstances of their had been ignored and were concerned previous detention, and at the that the men would face torture or death consequences which their renewed

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detention would almost inevitably have drafts of the Terrorism Bill (see AI Index: on their mental and physical health. EUR 45/038/2005, AI Index: EUR 45/047/2005 and AI Index: EUR In October 2005, “A”, “G” and “H” were 45/055/2005). The organization granted “release” on bail on very strict continued to be concerned that the conditions amounting to house arrest. implementation of many provisions of the Their bail conditions were stricter than Bill could violate the human rights of those that had been imposed on them people prosecuted under them, and through “control orders”. Others were would have a chilling effect for society at released later. large on its exercise of the rights to freedom of expression and association. In November AI representatives met with “A”, “G”, “H”, Mahmoud Abu Rideh and As initially introduced, the Bill included their families, who had effectively been provisions to: persecuted by the UK authorities for create a new offence of publishing, nearly four years. processing or disseminating publications that indirectly incite terrorist acts or are In December, AI urged the UK authorities likely to be useful to a person committing to desist from persecuting these men and or preparing a terrorist act; their families. AI called specifically on the extend pre-charge detention of people government to discharge all “control held under anti-terrorism legislation from orders”; to stop the deportation 14 days to 90 days. This was later cut in proceedings against “A”, “G” and “H”; a parliamentary vote to 28 days; and, if reasonable suspicion existed that create a new offence of indirectly inciting any of the men had committed a terrorism and glorifying terrorist acts; recognizable criminal offence, to charge proscribe groups that “systematically” them promptly and bring them to justice glorify terrorism; and in fair proceedings (see AI’s report: create a new criminal offence of United Kingdom: ‘I want justice’, AI attending a “terrorist training camp”. Index: EUR 45/056/2005). In addition to the continued reliance on a The Terrorism Bill vague definition of “terrorism” AI was particularly concerned about the new In October, the fourth piece of “counter- offences based on the notion of “indirect terrorism” legislation in five years was incitement” of terrorism; the proposed introduced before Parliament. AI new grounds for proscription; and the considered the Terrorism Bill draconian proposal to extend the time limit for and ill-conceived, containing sweeping which people suspected of involvement in and vague provisions that, if enacted, terrorism can be detained without charge. would undermine the rights to freedom of expression, association, liberty and fair Concern about these provisions was trial. In November the Bill’s proposal to widespread. Among others, in November, extend the maximum period of police Louise Arbour, the UN High detention without charge from 14 to 90 Commissioner for Human Rights, wrote days was rejected in parliament; a to the UK government expressing provision of 28 days was agreed. The Bill concern about various aspects of the underwent further parliamentary scrutiny. Terrorism Bill. Her concerns included: the absence of a precise definition of In October and November, AI produced terrorism upon which the new offences three different documents that included would be based and the broad and extensive comments on the various sweeping nature of some of these

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offences, raising questions as to how the The Dutch government was not seeking principle of legality would be respected; to reverse the Chahal precedent; it was the lack of the actual intent requirement instead arguing that Mohammed Ramzy’s in some offences; their questionable return to Algeria would not expose him to scope in light of Article 19 of the a real risk of torture. However, the UK International Covenant on Civil and government – and three others – decided Political Rights (ICCPR) and Article 10 of to intervene in this case. the European Convention on Human Rights (ECHR) (both relating to freedom AI expressed concern that with this of expression), resulting in a failure to intervention the UK and the other three strike a balance between national governments were attempting, in the security interests and the fundamental context of this case, to persuade the right to freedom of expression; and the European Court of Human Rights to overbroad reach of the provision abandon its jurisprudence in Chahal v the concerning new grounds for proscription. United Kingdom in favour of a position Finally, in commenting on the period of that the risk to the individual should be pre-charge detention of up to 28 days for balanced against the national security those held under anti-terrorism interests of the state. In addition, in legislation, the High Commissioner said November AI together a group of seven “I remain gravely concerned about how international non-governmental the rights guaranteed by Articles 9 of the organizations (consisting of the ICCPR and 5 of the ECHR [the rights to Association for the Prevention of Torture, liberty and freedom from arbitrary Human Rights Watch, INTERIGHTS, the detention respectively] will be protected.” International Commission of Jurists, Open Society Justice Initiative and The Ramzy case: the UK’s REDRESS) submitted a third party government’s latest attempt at intervention to the European Court of undermining the prohibition of Human Rights in the case. torture Torture ‘evidence’ (update to AI In October the UK was given permission Index: EUR 01/002/2005) to intervene in a case already lodged against the Netherlands at the European In December 2005, the UK government Court of Human Rights by Mohammed lost its legal battle to reverse the total Ramzy, a 22-year-old Algerian ban on the admissibility in judicial challenging deportation. His asylum proceedings, as “evidence”, of application was rejected and he information obtained through torture. In challenged a decision to deport him, the case A and others (Appellants) (FC) arguing that he would face a real risk of and others v. Secretary of State for the torture or other ill-treatment in Algeria. Home Department (Respondent) (Conjoined Appeals), 3 seven Law Lords The European Court of Human Rights’ unanimously confirmed that such jurisprudence makes it clear that there is evidence was inadmissible. They also no balance to be struck between the right ruled that there was a duty to investigate of the individual not to be exposed to whether torture had taken place, and to such risks and the national security exclude any evidence if the conclusion interests of the sending state (see the was that it was more likely than not that European Court of Human Rights it had been obtained through torture. As judgment in the case of Chahal v United Kingdom). 3 [2005] UKHL 71, 8 December 2005.

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a result of the judgment, the cases of the overturn the Court of Appeal’s judgment 10 internees were to be referred back to (see United Kingdom: Case for the Special Immigration Appeals Commission Interveners on Appeal, AI Index: EUR (SIAC) for its reconsideration of the 45/041/2005). Other domestic and “evidence”. international organizations intervened separately. In the intervention to the In the leading opinion in the case, Lord UK’s highest court, the lawyers Bingham of Cornhill, the Senior Law Lord, representing the coalition put forcefully stated: the argument that under international law torture is absolutely prohibited in all The issue is one of constitutional circumstances, and that no statement principle whether evidence obtained by obtained through torture or other ill- torturing another human being may treatment should ever be admitted as lawfully be admitted against a party to evidence except in proceedings against proceedings in a British court, torturers. irrespective of where, or by whom, or on whose authority the torture was inflicted. The case had been brought by 10 foreign To that question I would give a very clear nationals, including “A”, “G”, “H” and negative answer… The principles of the Mahmoud Abu Rideh, against being common law, standing alone, in my labelled as “suspected international opinion compel the exclusion of third terrorists” by the UK authorities. As a party torture evidence as unreliable, result of the judgment, their cases unfair, offensive to ordinary standards of should be referred back to the court of humanity and decency and incompatible first instance for its reconsideration of with the principles which should animate the “evidence”. a tribunal seeking to administer justice. But the principles of the common law do Renditions not stand alone. Effect must be given to the European Convention, which itself In December the government faced takes account of the all but universal mounting accusations that it had allowed consensus embodied in the Torture the US to use UK territory in the context Convention. of secret transfers of individuals without any judicial process (“renditions”) to AI noted that, in a number of respects, countries where they were reportedly the Law Lords’ judgment gave cause for tortured and to various US detention concern. In particular, the majority of centres around the world (see United four of the seven Law Lords ruled that Kingdom – Human rights are not a game, such evidence should be excluded if the AI Index: EUR 45/043/2005). SIAC considers that it is more likely than not that the evidence was obtained by Police Shootings torture. As Lord Bingham stated in his minority opinion: “This is a test which, in The killing of Jean Charles de Menezes the real world, can never be satisfied. (see United Kingdom: Full circumstances The foreign torturer does not boast of his into fatal shooting must be investigated, trade.” AI Index: EUR 45/027/2005; and United Kingdom: The killing of Jean Charles de AI had coordinated a coalition of 14 Menezes, AI Index: EUR 45/032/2005). international and domestic organizations in making a joint intervention in the case On 22 July, the day after a series of by making written and oral submissions serious security incidents occurred in to the Law Lords, asking them to

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London, plainclothes police officers shot David Blunkett had been told of a shift to dead Jean Charles de Menezes, an a “shoot to kill” policy three years earlier. unarmed young Brazilian man, after he was restrained on board a London At the end of the year the IPCC underground train on his way to work. investigation was pending. The killing left many Londoners, particularly those from ethnic minorities, The killing of Harry Stanley fearful not only of being bombed, but also of being shot by police. In October the prosecuting authorities declined to bring charges against the Initial police statements claimed that police officers involved in shooting dead Jean Charles de Menezes was a suspect an unarmed man, Harry Stanley, as he linked to the incidents of the previous was walking down a street in London in day. It was also reported that he had 1999. tried to evade arrest and that, though it was summer, he had been wearing a UK armed forces in Iraq thick jacket thought to conceal explosives. However, two days later the Chief On 21 December, the Court of Appeal of Commissioner of the Metropolitan Police England and Wales ruled in the case of R (Met) stated categorically that Jean (Al-Skeini) v. Secretary of State for Charles de Menezes had not been Defence related to the death in custody involved in any suspicious activities, and of Baha Mousa and the deaths of five that he had been shot dead as a result of other Iraqis killed in separate incidents a mistake. The police later acknowledged involving the use of armed force by that Jean Charles de Menezes was members of the UK military. The families wearing a jeans jacket and had not acted of the six victims challenged the UK in any way to arouse suspicion. government’s decision not to hold an independent inquiry into the deaths. The Met later confirmed that it had They said that the Ministry of Defence sought to block the Independent Police (MoD) had refused to carry out Complaints Commission (IPCC) from independent and thorough investigations conducting the investigation from the as required by Articles 2 and 3 of the outset into the killing of Jean Charles de ECHR and by the Human Rights Act 1998 Menezes on the grounds that it was (HRA). The MoD claimed that neither the linked to the ongoing “anti-terrorist” ECHR nor the HRA was applicable to the investigation. This attempt resulted in a conduct of its military in Iraq at the time crucial delay in the IPCC assuming of the deaths, because Iraq was outside charge of the investigation. The fact that Europe and was not a party to the ECHR. the Met retained control over the investigation at the crucial initial stage The following is a short account of the ran counter to the need for it to be facts surrounding the treatment and carried out independently of those death in UK custody of Baha Mousa set responsible for the killing. This, together out in the leading judgment in the case with the initial police statements about given by Lord Justice Brooke: the circumstances of the killing, gave rise to allegations of a cover-up. Baha Mousa was 26 years old. He worked as a receptionist at a hotel in Basrah City. On 19 September, in the wake of the In the early morning of 14th September killing, the former Met Commissioner Sir 2003 a unit from 1 QLR [Queen’s John Stevens said that Prime Minister Lancashire Regiment] raided the hotel… Tony Blair and former Home Secretary

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The troops were particularly concerned to personnel were charged with “inhuman ascertain the whereabouts of one of the treatment” of Baha Mousa. partners who ran the hotel. Brig Moore himself took part in this operation and The Court of Appeal ruled that the ECHR was up on the roof of the hotel when the and the HRA applied to the case of Baha troops were effecting arrests. Mousa and thus the authorities were required to ensure an independent, It was in these circumstances that they impartial investigation into this death. rounded up a number of the men they However, the Court held that the notion found there, including Baha Mousa. Baha of jurisdiction was not broad enough to Mousa’s father, Daoud Mousa, had been apply to those persons who were at a police officer for 24 years and was by liberty and not yet in the control of UK then a colonel in the Basrah police. He forces, including the other five named had called at the hotel that morning to persons who were shot dead by UK pick up his son at the end of his shift, soldiers. The Court also found that the and he told the 1 QLR lieutenant in system for investigating deaths at the charge of the unit that he had seen three hands of UK armed forces personnel was of his soldiers pocketing money from the seriously deficient, including in its lack of safe. During this visit he also saw his son independence from the commanding lying on the floor of the hotel lobby with officer, and that it needed to be six other hotel employees with their scrutinized. It was anticipated that the hands behind their heads. The lieutenant Court of Appeal’s judgment would be assured him that this was a routine appealed against, and this appeal would investigation that would be over in a probably be heard by the Law Lords couple of hours. Colonel Mousa never before the end of 2006. saw his son alive again. Four days later he was invited by a military police unit to In another case, Lord Goldsmith QC, the identify his son's dead body. It was UK Attorney General, announced in July covered in blood and bruises. The nose that four UK armed forces personnel was badly broken, there was blood would stand trial in connection with the coming from the nose and mouth, and death of Ahmed Jaber Karim ‘Ali, who there were severe patches of bruising all was one of four men arrested on over the body. The claimants’ witnesses suspicion of looting in May 2003 in Basra. tell of a sustained campaign of ill- It had been alleged that UK servicemen treatment of the men who were taken punched and kicked the suspected into custody, one of whom was very looters before forcing them into the Shat badly injured, and they suggest that Al-Basra canal where Ahmed Jaber Karim Baha Mousa was picked out for ‘Ali, who could not swim, drowned. particularly savage treatment because of the complaints his father had made. The AI had in the past called for effective, men who were arrested had been taken prompt, impartial, independent and from the hotel to a British military base thorough investigations in Baha Musa’s in Basrah City called Darul Dhyafa. case and in the cases of other Iraqi civilians who had allegedly been Court-martial proceedings remained mistreated by UK troops (see AI Index: pending at the end of the year against EUR 45/031/2004). seven military personnel, including the commanding officer who had been AI considered that the UK was also charged with negligent performance of breaching international and domestic duty. Three of the seven military human rights law in its actions relating to the internment without charge or trial in

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Iraq. While the majority of people had and other internees similarly held unless been interned by US forces, as of they were to be promptly charged with a October, the UK forces were interning recognizably criminal offence and some 33 people. brought to trial before an independent and impartial court in proceedings which AI was concerned that that even after meet international standards. months of internment the UK continued to hold internees without providing them Guantánamo Bay (update to AI or their legal counsel with adequate Index: EUR 45/001/2005) information to enable them to refute the evidence being used to continue their At least seven UK residents continued to internment. be held in Guantánamo Bay at the end of the year, including Bisher al-Rawi, an Hilal ‘Abdul Razzaq ‘Ali al-Jedda, a dual Iraqi national and legal resident in the UK, Iraqi/UK national who was arrested in and Jamil al-Banna, a Jordanian national October 2004, continued to be detained with refugee status in the UK. AI without charge in Iraq by UK forces. Hillal continued to be concerned about the role ‘Abdul Razzaq ‘Ali al-Jedda filed a case that the UK authorities, including MI5 in against the UK MoD relating to his particular, had played in the unlawful internment in Iraq. In July his case was rendering to US custody of a number of heard before the High Court of England individuals, some of whom were and Wales in London. AI observed the eventually transferred to Guantánamo proceedings. Hillal ‘Abdul Razzaq ‘Ali al- Bay – via Afghanistan – and about the Jedda’s legal team argued that his UK’s subsequent refusal, despite clear detention, ordered as a “preventive obligations under international refugee security measure”, was illegal because he and humanitarian law, to make had not been charged with any offence. representations on behalf of these They said that his continued detention individuals to the US authorities. breached the ECHR and the HRA. AI called for a prompt, thorough, In August the High Court ruled in favour independent, impartial and effective of the government. However, the Court investigation into the duplicitous role that stated that “[a]lthough detained for the UK authorities had played and imperative reasons of security, the continued to play in the detention – claimant has not been charged with any without any legal basis – of UK residents offence; and the Secretary of State and nationals and possibly many others acknowledges that, as matters stand, at Guantánamo Bay in US custody. AI there is insufficient material available also continued to express concern that which could be used in court to support UK intelligence officers had taken criminal charges against him. The advantage of the legal limbo in which UK claimant is therefore detained simply on nationals, residents and possibly others a preventive basis.” It appeared that had been held at Guantánamo Bay to much of this “material” had been kept interrogate them in the absence of any secret from Hillal ‘Abdul Razzaq ‘Ali al- safeguard, thereby circumventing both Jedda and his lawyer. domestic and international human rights law. AI noted that anyone arrested in the By the end of the year, Hillal ‘Abdul UK and questioned in connection with al- Razzaq ‘Ali al-Jedda continued to be held Qa’ida or other terrorist activities would without charge or trial by UK forces in have the right to legal assistance, Iraq. AI urged the UK authorities to including having a lawyer present during release Hillal ‘Abdul Razzaq ‘Ali al-Jedda questioning.

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the end of the year the Bill’s enactment In December a UK court ruled that David into law was pending before Parliament. Hicks, an Australian national detained at Guantánamo Bay, was entitled to be Army training practices called into registered as a UK citizen and therefore question (update to AI Index: EUR to receive assistance by the UK 01/012/2005) authorities. AI expressed dismay upon learning that the UK government In July the UK government admitted that intended to appeal the ruling. mistakes had led to the bullying of young recruits in the armed forces in response Undermining the right to seek and to a highly critical report from the enjoy asylum Parliamentary Defence Select Committee in March. However, two main AI expressed concern that the recommendations made by the Immigration Asylum and Nationality Bill Committee in its report remained 2005 (IAN) – the fourth piece of unheeded, namely the establishment of legislation in this area by the Labour an independent complaints mechanism government – contained provisions which, for people in the army, and for the if enacted, would undermine one of the government to consider the core aims of the UN Refugee Convention: consequences of raising the age of to provide international protection for recruitment from 16 to 18. people seeking asylum on grounds of political persecution. AI had raised concerns in 2003 over the high incidence of deaths of UK soldiers in In December the UNHCR, commented on non-combat situations (see AI Index: the provisions contained in the Bill. While EUR 45/004/2003), and the lack of emphasizing that the Refugee Convention independent investigations into their “provides the appropriate tools to ensure deaths. that refuge is not provided to terrorists”, UNHCR expressed concern that the Bill Prisons may give rise to an overly broad application of the exclusion clauses of the Martin Narey, the outgoing chief Convention “with the result that certain executive in charge of prison and persons, who do not fall within the scope probation services, criticized the record- of the exclusion clauses, are denied the breaking increase in the prison benefit of international protection”. population, which had led to severe overcrowding. He also said it was “gross” The Bill also failed to address the that about 16,000 prisoners were held in considerable concerns about the situation conditions in which they had to share a facing the large numbers of asylum- toilet in a cell in which they also ate. He seekers and migrants detained under also highlighted the plight of 5,000 of the Immigration Act powers in the UK (see 77,500 incarcerated who were profoundly United Kingdom: Seeking Asylum is not a mentally ill and stated that another 3,000 crime: detention of people who have of the total number of inmates were sought asylum, AI Index: EUR children. 45/015/2005). Many detainees have no, or very poor, legal representation and The number of self-inflicted deaths many experience great difficulty in continued to be high. accessing an independent review of their detention by way of a bail application. By

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Volunteers have been instructed to assist Northern Ireland the development of purely political and democratic programmes through Collusion and political killings (update to exclusively peaceful means”. AI Index: EUR 01/012/2005) On 1 August, the Secretary of State for The government continued to fail to Northern Ireland, Peter Hain, published establish an inquiry into the 1989 killing plans for the normalization of security of human rights lawyer Patrick Finucane. across Northern Ireland. The AI reiterated that only an independent Normalisation Programme was said to judicial inquiry held in public could shed aim to create an environment which light on collusion by state agents with would allow the return of conventional loyalist paramilitaries in his murder; on policing across Northern Ireland. The reports that Patrick Finucane’s death was Secretary of State said that if the the result of state policy; and on enabling environment were to be allegations that different government established and maintained the authorities played a part in the programme would be achievable within subsequent cover-up of his killing. two years.

On 21 July AI wrote, jointly with British Abuses by non-state actors Irish Rights Watch and the Committee on the Administration of Justice, to senior Abuses by members of paramilitary judges in the UK to express serious groups, including killings, shootings and concern over the UK government’s stated beatings, continued. intention to hold an inquiry into the killing of Patrick Finucane under the Four fatal shootings occurred over a six- Inquiries Act 2005, given their concern week period in July and August, about the legislation. reportedly as a result of a feud between the Loyalist Volunteer Forces (LVF) and At the close of the year, more than two the Ulster Volunteer Forces (UVF). The years after the inquiry was recommended victims, all alleged members of the LVF, by retired Canadian Supreme Court were Jameson Lockart, 25, shot in a lorry Justice Peter Cory, the government had on 8 July; Craig McCausland, 20, shot in still failed to establish it. A newspaper his home on 12 July; Stephen Paul, shot reported that judges’ reluctance to be outside his home on 30 July; and Michael appointed to preside over an inquiry into Green, 42, shot on 15 August as he got the Finucane case held under the off his motorbike outside a furniture Inquiries Act appeared to be the result of store in Belfast. At the time of the an international campaign by AI and the murders the police believed that all four efforts of the Finucane family in resisting killings could be attributed to the UVF such an eventuality. AI continued to and were conducting inquiries. denounce the prospect of holding a Finucane inquiry under the Inquiries Act as a sham. UZBEKISTAN

The end of the Irish Republican Army The need for an independent (IRA) armed campaign international investigation into the Andizhan events (update to AI Index: On 28 July the IRA announced the end of EUR 01/012/2005) its 36-year armed campaign. In a formal statement, it announced that “all

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In September AI published a 48-page all countries withdraw their troops from report entitled Uzbekistan: Lifting the Termez airbase, apart from Germany. siege on the truth about Andizhan (AI Index: EUR 62/021/2005) outlining its In November the US military completed concerns about the Andizhan events an its withdrawal from Khanabad airbase, as calling for an independent international also requested by the Uzbekistani investigation. authorities. The airbase had been leased since October 2001 as part of the US-led In response to Uzbekistan’s continued “war on terror”. On 14 November the refusal to allow an independent government signed a mutual defence international investigation into the May agreement with the Russian Federation killings in Andizhan, in November the that would allow Russian use of military European Union (EU) announced an facilities in Uzbekistan. embargo on EU arms sales and military transfers to Uzbekistan, and a one-year Although in December the trial began of visa ban on 12 senior government 12 law enforcement officers charged with ministers and officials. However the negligence in connection with the Minister of Internal Affairs, Zokir Almatov, Andizhan events, by the end of 2005 no was granted an exception on members of the security forces humanitarian grounds to receive medical responsible for human rights abuses had treatment in Germany. Zokir Almatov left been brought to justice. Germany in December, following calls from the UN Special Rapporteur on Extradition requests and forcible torture, human rights organizations and returns relatives of the victims for Germany to prosecute him. On 5 December, AI called Following the 13 May events in Andizhan, on the German Federal Prosecutor Kay the authorities requested the extradition Nehm to investigate allegations of the of suspected supporters of Akramia, involvement of Zokir Almatov in according to the authorities an extremist “systematic torture of prisoners in religious group, and Hizb-ut-Tahrir, the Uzbekistan” as well as his involvement in banned Islamic opposition party, from the “massacre in Andizhan in May 2005” Kazakstan, Kyrgyzstan and the Russian and, if necessary, issue a warrant for his Federation. On 16 June, the Prosecutor arrest while he was in Germany. General’s Office said it was seeking the Following his return to Uzbekistan, he extradition from Kyrgyzstan of 131 resigned from his post as Minister of refugees who were “direct participants in Internal Affairs at the end of December the acts of terrorism [in Andizhan]”(see on grounds of ill-health. the entry on Kyrgyzstan).

In December the UN General Assembly On 9 June, Dilshod Gadzhiev, Tavakkal adopted a resolution put forward by the Gadzhiev, Muhammad Kadirov and EU expressing deep regret over Abdubais (Gasan) Shakirov were forcibly Uzbekistan’s refusal to allow an taken from a refugee camp at Besh-Kana international investigation and urging the in Kyrgyzstan to a detention centre in the authorities to stop their “harassment and city of Osh in Kyrgyzstan, and handed detention of eyewitnesses”. over to Uzbekistani security forces. The four men were reportedly detained The authorities in Uzbekistan banned incommunicado, and at least one of them European members of the North Atlantic tortured, in Andizhan prison after their Treaty Organization (NATO) from using return to Uzbekistan. The Uzbekistani Uzbekistan’s airspace and requested that authorities told the office of the UN High

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Commissioner for Refugees (UNHCR) in would be sent back to Uzbekistan as a August that the four had returned suspected member of Hizb-ut-Tahrir if he “voluntarily” and were being held in a refused to comply with the demands of detention facility in Tashkent, but denied the officers. At the trial he revealed the the UNHCR access to them. By the end of attempts to extract a false statement the year only Tavakkal Gadzhiev had from him. Following this, his residence been accounted for. He was one of 15 permit was not renewed and he was defendants sentenced to long prison detained on 23 September for terms by the Supreme Court on 14 overstaying his residence permit. Fearing November for their alleged participation that he would be tortured if he was in the Andizhan events; he was returned to Uzbekistan, Marsel Isaev sentenced to 17 years’ imprisonment. applied for asylum in the Russian Federation. On 11 October he was Russian law enforcement officers interviewed by officials from the detained 14 ethnic Uzbek men in Ivanovo migration department and on 12 October in the Russian Federation on 18 June, he was informed by the Department for allegedly for swearing and refusing to Migration in Tatarstan that his application show their identity documents. The for asylum had been received and was Uzbekistani authorities requested their being processed. Despite his application extradition for involvement in the 13 May being under consideration he was events, supporting Akramia, and deported to Uzbekistan on 12 October. financing “terrorist” activities. All the men denied the accusations. A Russian Nine Uzbekistani nationals, including four citizen among them said he had visited registered asylum seekers, were forcibly Uzbekistan in May only to renew his returned from Kazakstan to Uzbekistan Uzbekistani passport, and was released early in the morning of 29 November, in on 11 October. The other 13, a contravention of Kazakstan's obligations Kyrgyzstani national and 12 Uzbekistani under international law. Ruhiddin nationals, applied for asylum in the Fahruddinov, Abdurahman Ibragimov, Russian Federation in August but were Tohir Abdusamatov, Sharofuddin Latipov, still in custody at the end of 2005. Nozim Rahmanov, Alisher Mirzaholov, Abdurauf Holmuratov, Shoirmat Marsel Isaev, a student, was forcibly Shorahmedov and Alizhon Mirganiev deported from Russia to Uzbekistan on were detained by the National Security 12 October, where he was detained at Committee of Kazakstan, the security the Department of Internal Affairs of services, in the city of Shymkent, Tashkent, and questioned about his Kazakstan on 24 and 27 November, and alleged membership of Hizb-ut-Tahrir were held incommunicado until they were before being released on 21 October. An returned to Uzbekistan. Abdurahman Uzbekistani national, Marsel Isaev had Ibragimov, Alisher Mirzaholov, Abdurauf been studying in Tatarstan in the Russian Holmuratov and Alizhon Mirganiev were Federation since 2004. According to allegedly wanted by the Uzbekistani reports, in September 2005 he was authorities for “participation in a banned stopped on the street by officers from the religious organization”. Ruhiddin Organized Crime Squad, who detained Fahruddinov is a former independent him and tried to force him to give false imam (religious leader) at a mosque in evidence as a witness in a trial against an Tashkent and, together with Tohir acquaintance accused of membership of Abdusamatov, was wanted for Hizb-ut-Tahrir. Marsel Isaev was told that “attempting to overthrow the he would not be able to re-register his constitutional order”. Ruhiddin residence permit, up for renewal, and Fahruddinov’s wife, possible prisoner of

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conscience Rahima Akhmadalieva, was aggravated murder – both capital released from prison in 2004 after offences – as well as attempting to serving three years of a seven-year overthrow the constitutional order and prison sentence. Rahima Akhmadalieva organizing mass disturbances. Following was detained in 2001 and ill-treated in unfair trials, at least 73 people were pre-trial detention in order to force her to convicted of “terrorist” offences and disclose her husband’s whereabouts. sentenced to between 12 and 22 years’ Rahima Akhmadalieva and her oldest imprisonment for their alleged daughter, Odina Maksudova, continued participation in the unrest. to be harassed by law enforcement officers, including by being frequently The first trial, of 15 defendants including arbitrarily detained for long periods of Tavakkal Gadzhiev, who had been time for questioning (see AI Index: EUR forcibly returned from Kyrgyzstan on 9 01/005/2004). His brother-in-law, Farukh June, opened on 20 September before Khaidarov, a teacher of Arabic language the Supreme Court in Tashkent. Access at the Egyptian Cultural Center in to the court was restricted and most Tashkent, reportedly “disappeared” in relatives of the defendants, without June 2004 (see AI Index: EUR notice of the trial, were not able to apply 01/002/2005). to attend. Only one local independent human rights organization was allowed to The nine men were detained at various observe the trial – others were refused places in Uzbekistan and considered to permission despite having applied for be at risk of torture or other ill-treatment. access. The government refused a According to reports, only two of the request by the UNHCR to send observers, eight men were initially given access to however some diplomats and members lawyers. They were Alizhon Mirganiev, of international organizations as well as who was being held at the Ministry of journalists were allowed in. The Internal Affairs pre-trial detention centre defendants pleaded guilty to charges of in the capital, Tashkent, and Sharofuddin “terrorism” and asked for forgiveness, Latipov, who was being held at the but there were concerns that their National Security Service building in confessions, which closely followed the Tashkent. It was not known where the wording of the charges, had been other detainees were being held. AI was extracted under duress. All were unaware of whether any of the nine men presumed guilty before the trial. Most had been charged by the end of the year. had been held incommunicado and none It is believed that they fled Uzbekistan to was granted adequate access to a lawyer escape arrest and possible torture by the of his choice in pre-trial detention. There Uzbekistani authorities. Some of the men was no cross-examination of defendants were believed to have been followers of or witnesses, and contradictions in the independent imam Obidkhon Nazarov, in testimonies were not addressed. hiding since 1998. Witnesses for the defence faced intimidation. The only witness among the Unfair trials of 13 May suspects hundreds summoned, Markhuba Zokirova, who told the court she had seen the Hundreds of people suspected of security forces firing indiscriminately at involvement in the 13 May events were mostly unarmed civilians, including detained, and many were allegedly ill- women and children, even as they ran for treated or tortured. In June, the safety, asked the prosecutor whether she Prosecutor General said that 102 would be arrested for telling the truth. detainees had been charged. The charges National newspapers subsequently included “terrorism” and premeditated, denounced her as a traitor and

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accomplice to terrorists. On 14 November In October, the British Broadcasting the 15 defendants were sentenced to Corporation (BBC) decided to close its terms of imprisonment ranging from 14 Uzbekistan office, located in Tashkent, to 20 years. Their appeals against these and withdraw its local staff for at least sentences were pending at the end of six months due to security concerns, 2005. The UN High Commissioner for following increased harassment of its Human Rights together with UN special staff by the Uzbekistani authorities. rapporteurs and the EU expressed Individual members of staff, including serious concerns about the conduct of international staff, had been accused by the trial. the authorities of complicity in the Andizhan events. In December, the At least four more trials reportedly Ministry of Foreign Affairs refused to started in November; they were not held renew the accreditation of the Uzbek in accordance with international fair trial Service of Radio Free Europe/Radio standards. Most detainees were believed Liberty (RFE/RL), also based in Tashkent. to have been held incommunicado before Under Uzbekistani law, to work without the trial and denied access to lawyers of accreditation is an offence punishable by their choice, relatives or medical a fine or imprisonment. assistance. The identity of the defendants, the charges against them, and the dates Independent journalist Aleksei Volosevich and locations of their trials were not was in Andizhan on 13 May and reported disclosed to their relatives. International the events on the main independent observers, human rights activists and Russian language website, families were denied access to all four www.ferghana.ru. He also reported on trials, which were closed and held in the above-mentioned trial of the 15 men different locations outside Tashkent. In charged with organizing the Andizhan early December 58 defendants were events and on other trials of leaders of sentenced to terms of imprisonment from the opposition. 12 to 22 years. Aleksei Volosevich was reportedly named Clampdown on dissent (update to AI and accused of treason against the state index EUR 01/012/2005) in an article which was published on 25 May in the main national, governmental The May events in Andizhan continued to newspaper Pravda Vostoka (Truth of the be used as a pretext for tightening East), under the title “In defence of the restrictions on political freedoms in the sovereignty of the Uzbekistani people”. name of national security and the “war On 9 November, he was attacked by five on terror”. Civil society activists, unknown men who knocked him to the including human rights activists and ground near his home in Tashkent and journalists who had tried to publicize the poured several buckets of green indelible 13 May events, continued to be paint on him. The entrance and the door threatened, assaulted, detained and to his apartment were also splashed with forcibly confined to their homes. Some paint, and derogatory words directed at human rights defenders continued to be Aleksei Volosevich were written on them. held as prisoners of conscience on serious criminal charges. The authorities Prominent human rights defender and the official media stepped up their Saidzhakhon Zainabitdinov was arrested campaign of denouncing as traitors and on 21 May and detained as a prisoner of hypocrites those who questioned the conscience. Initially held in police official version of events and increasingly custody at the Andizhan Regional targeted foreign news outfits. Department of Internal Affairs, he was

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reportedly transferred to Tashkent in July. tried without the presence of a defence His family and lawyer were denied counsel or the examination of witnesses information about his whereabouts. In and was sent directly to prison following November he was reportedly in an his conviction under Article 140 of the isolation unit at Tashkent prison, still criminal code for insulting a member of incommunicado. Initially charged with the security forces. The case was brought defamation, punishable by up to three against him following an angry phonecall years in prison, in relation to an open Nosir Zokirov made to security police in letter about the case of the 23 Namangan on 6 August, in which he entrepreneurs, he was subsequently protested at attempts to pressure a local charged with “terrorism” and other more poet, Khaidarali Komilov, to lie about an serious charges. The real reason for his interview he gave Nosir Zokirov which detention appeared to be his public was broadcast in early August. representation of one of the 23 entrepreneurs at the trial, and his Mutabar Tadzhibaeva, Chairwoman of the reporting of the 13 May events, which human rights organization Fiery Hearts received international media coverage Club (Utiuraklar), based in Ferghana City, and which provided a stark contrast to and one of the founders of the national the official version of events. movement Civil Society, was detained on 7 October. Mutabar Tadzhibaeva has On 27 August Elena Urlaeva, a human monitored human rights violations in rights activist and member of the Ferghana Valley and was due to attend unregistered secular opposition political an international conference on human party, Free Peasants (Ozod Dekhonlar), rights defenders in Dublin on 8 October. was detained by police officers as she She was scheduled to fly to Tashkent on was putting up leaflets in Tashkent. She the evening of her arrest to catch a flight was charged with desecrating state to Ireland. symbols, under Article 215 of the Criminal Code. Although the Article does According to Mutabar Tadzhibaeva, an not envisage a psychiatric evaluation of argument had arisen between her and an the accused, Elena Urlaeva was employee of her fish farm over a sum of nevertheless taken by police to the money that he owed her, and on 7 Psychiatric Hospital in Tashkent for a October the employee came to her house psychiatric evaluation which on 20 in Margilan, Ferghana Valley, to repay his September established her state as debt. Reportedly, it was at this point that “healthy, sane, and adequate”. On 23 armed police and special force agents in September, Elena Urlaeva was masks entered her house and charged transferred to the Republican Psychiatric Mutabar Tadzhibaeva with swindling and Hospital for a second examination that extortion (Article 168 and Article 165 established that she was mentally ill and Part 2b of the Criminal Code), the latter in need of medical treatment. She was of which carries a possible sentence of 10 released at the end of October. to 15 years’ imprisonment. The police and special force agents also allegedly In August, Nosir Zokirov, a searched her house without a warrant correspondent for RFE/RL’s Uzbek and seized a computer and several Service (Radio Ozodlik) based in documents. Mutabar Tadzhibaeva has Namangan, was sentenced to six months’ denied all allegations. imprisonment for allegedly insulting a security officer. Nosir Zokirov was Mutabar Tadzhibaeva was reportedly summoned to court in Namangan on 26 being held in a pre-trial detention centre August. Reportedly, Nosir Zokirov was in Ferghana City (SIZO-10). Mutabar

Amnesty International AI Index: EUR 01/007/2006

Europe and Central Asia 83 Summary of Amnesty International’s Concerns in the Region, July – December 2005

Tadzhibaeva reportedly started a hunger the death penalty in Uzbekistan from 1 strike protest the day after her detention, January 2008. which resulted in her receiving medical attention. According to information In its report Uzbekistan: Questions of life received from Mutabar Tadzhibaeva’s and death cannot wait until 2008. A lawyer, her state of health in December briefing on the death penalty (AI Index: was poor and she had allegedly been EUR 62/020/2005), issued on 1 denied further medical attention. Her September, AI welcomed the lawyer also reported that Mutabar government’s commitment to abolish the Tadzhibaeva had been threatened by death penalty. However, the organization guards and fellow detainees whilst in urged the authorities to build on this step detention. Furthermore, she had by promptly commuting all pending allegedly been denied all access to her death sentences and introducing a family and had often been refused access moratorium on death sentences until the to her lawyer. Her lawyer had also full abolition of the death penalty in 2008. reportedly been harassed by the AI pointed out that if no fundamental authorities and was allegedly under changes were introduced immediately constant police surveillance. then scores of people were likely to be sentenced to death in unfair trials Mutabar Tadzhibaeva has come under accompanied by torture allegations and increasing pressure from the authorities executed before January 2008. for her human rights activities. On 22 September, she gave an interview to Radio Ozodlik in which she spoke out about the government’s crackdown on human rights activities since the Andizhan events and the above- mentioned trial of 15 defendants in connection with the Andizhan events, which started on 20 September. Several of the 15 defendants reportedly accused her of being involved in the uprising. The authorities also reportedly spread a rumour that a criminal case had been filed against her for her supporting members of Akramia.

Death penalty

Reports about new death sentences continued to be received in the period under review.

Presidential decree on abolition of the death penalty from 2008

On 1 August, President Islam Karimov signed the decree “On abolishing the death penalty in the Republic of Uzbekistan” stipulating the abolition of

Amnesty International AI Index: EUR 01/007/2006

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