Human Rights Brief

Volume 13 | Issue 3 Article 14

2006 International Legal Updates Sebastian Amar American University Washington College of Law

Shirley Woodward American University Washington College of Law

Sabrina Balgamwalla American University Washington College of Law

Amy Tai American University Washington College of Law

Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons

Recommended Citation Amar, Sebastian, Shirley Woodward, Sabrina Balgamwalla, and Amy Tai. "International Legal Updates." Human Rights Brief 13, no. 3 (2006): 53-58.

This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Amar et al.: International Legal Updates

INTERNATIONAL LEGAL UPDATES

LATIN AMERICA Vilela Commission have brought these benches, as well as non-elected members issues before the Inter-American from the judiciary, the bar, and academia. BRAZILIAN JUDICIARY FAILS TO Commission on Human Rights. In April Recently, the Congress of Argentina PROVIDE JUSTICE IN CARANDIRU 2000 the Court rendered a decision requir- approved compositional changes to the PRISON MASSACRE CASE ing that Sao Paulo and Brazilian authorities Council proposed in a bill sponsored by implement reparative measures, including On February 15, 2006, Sao Paulo’s Senator Cristina Fernandez de Kirchner. The compensation to family members and the Supreme Court overturned Colonel new law reduces the Council from 20 to 13 creation of an oversight body to ensure the Ubiratan Guimarães’ conviction. This deci- members while increasing the proportional rights of detainees. To date, Brazil has imple- sion symbolizes the judiciary’s failure to representation of politicians. This is the first mented none of these measures. uphold international human rights stan- time since the Council’s inception that politi- dards and its failure to punish the perpetra- The Supreme Court overturned cians will outnumber legal experts and pro- tor of one of the most disturbing incidents Guimarães’ conviction on grounds that he was fessionals. Amnesty International noted that of human rights abuses in Latin America. acting in accordance with his duties and one concern with this new legislation is that According to Amnesty International reports, responsibilities as a Colonel in the military. the governing party will also increase its Colonel Guimarães led a contingent of This ruling accepts that Guimarães was acting weight on the new Council. Together with Brazil’s Military Police shock troops into Sao within his duties when he failed to prevent the the single member who is appointed by the Paulo’s Casa de Detenção prison use of excessive force, which implies that his executive branch, the governing party will (Carandiru) on October 2, 1992, to quell a actions provide an acceptable model for a mil- now hold seven of the 13 votes. Because the disturbance, which resulted in the deaths of itary official’s behavior rather than a glaring Council’s decisions are taken by a two-thirds 111 unarmed detainees. Other human rights disregard for the rights of detained individu- majority when the selection or dismissal of groups have claimed that the number of als. The decision by the Supreme Court and judges is debated, the governing party will be deaths is closer to 300. In 2001 Colonel the failure to hold any other officials account- in a position to veto candidates for the judi- Guimarães was sentenced to 632 years in able is a clear indication of the ongoing ciary and to block dismissals. prison for his role as commanding officer in acceptance of impunity for military officials There is also concern about the proposed the Carandiru massacre. implicated in human rights abuses, as well as change in rules governing the quorum in the the government’s unwillingness to endure the In a 1993 report, Amnesty International Council, which could allow it to function burdens and responsibilities that are a neces- cited numerous shortcomings in the mili- without any participation from it’s non- sary element of the reparations process. tary’s chain of command and its attempts to political members, i.e., judges, lawyers, and ensure that excessive use of force would not academics. This is by far the most damaging be used during the operation. These proce- COMPOSITION OF ARGENTINE COUNCIL aspect of the legislation as it pertains to the dural failures included “ignoring interna- OF THE JUDICIARY ALTERED political influences surrounding the tional codes of practice on the use of force The 1994 Constitution of Argentina Council. With this new composition, the six and firearms; allowing military police to created the Council of the Judiciary legislators and the representative of the exec- enter the prison with their identity tags (Council), which is responsible for selecting utive branch could hold sessions on their removed; and sending in police units with judges for appointment by the executive own. In a letter to Argentine President past records of multiple fatal shootings to branch. According to the Constitution, the Nestor Kirchner, Human Rights Watch quell the disturbance.” Of the 113 members Council should be composed of a balance cited recommendations of the European of the police force implicated in these mur- between legislators, judges, lawyers, and Charter on the Statute for Judges that at ders, not one is serving a prison sentence for academics. The Council was created to pro- least half of those individuals who sit on their involvement. Although homicide tect judicial independence and curtail abus- independent bodies responsible for the selec- charges have been brought against 84 offi- es that resulted from a system in which tion and dismissal of judges should be cers, none of these officers have ever been judges were often chosen for their political “judges elected by their peers following brought to trial. Further, the expiration of affiliation rather than their professional methods guaranteeing the widest representa- the statute of limitations will prevent anoth- qualifications. Supporters of the Council tion of the judiciary.” er 29 officers charged with causing physical believed that the most effective means of The Argentine government justified its injury in the massacre from ever being tried protecting the judiciary against political decision by arguing that the majority on the in Brazilian courts. interference was the creation of an inde- Council should be held by officials elected pendent council composed of legislators Americas Watch, the Center for Justice by popular vote because they are theoretical- from both government and opposition and International Law, and the Teotonio ly bound by a “citizens’ mandate.” Members

Published by Digital Commons @ American University Washington College53 of Law, 2006 1 Human Rights Brief, Vol. 13, Iss. 3 [2006], Art. 14 of the international community, including limits placed on Council members, which Chad, has been accused of torture and other Human Rights Watch, see this argument as allow a maximum of two consecutive terms of atrocities committed from 1982-1990. In implicitly rejecting the standard of balance three years. Ambassador Bolton stated his con- September 2005 Belgium issued a warrant that the European Charter adopted as a cern that this would preclude the United States for his arrest and extradition from Senegal, method to ensure transparency and preserve from having a continuous presence on the where he has resided for the last 15 years. an essential check on the executive and leg- Council, which “will be to the detriment of the Rather than send Habré to Belgium, islative branches of government. Commission.” In addition, the United States Senegalese Foreign Minister Cheikh Tidiane had sought a two-thirds majority vote and a Gadio said that Habré could remain in This new legislation has been viewed by ban on the election of countries subject to UN Senegal until African heads of state at the national and international organizations as trade and economic sanctions due to human AU Summit made a decision regarding how indicating a trend toward a more authoritar- rights violations and acts of terrorism. In vot- to handle his case. The Committee was ian approach to government by Argentina’s ing against the proposed Council, Ambassador formed to aid in this decision. It is mandat- current administration. By essentially elimi- Bolton stated, “We did not have sufficient con- ed to take into account “adherence to princi- nating the role of unelected experts in the fidence in this text to be able to say that the ples of total rejection of impunity; adherence process of selecting and dismissing judges, Human Rights Council will be better than its to international fair trial standards, includ- the re-structured Council threatens the abil- predecessor.” ing the independence of the judiciary and ity of the judiciary to operate independently impartiality of proceedings; jurisdiction over and to place limits on executive and legisla- Ironically, the isolationist stance of the the alleged crimes for which … Habré tive authority. Moreover, this change dra- U.S. may have prompted Cuba to vote in should be tried; efficiency in terms of cost matically affects the judiciary’s ability to ade- favor of the new Council. Despite its initial and time of trial; accessibility to the trial by quately advocate for and protect those indi- opposition, Cuba voted in favor of the reso- alleged victims as well as witnesses; priority viduals whose political views are not repre- lution based in part on U.S. criticisms. for an African mechanism.” The Committee sented by the governing party. Cuba’s UN Ambassador Rodrigo Malmierca will submit a report for the Assembly’s con- stated that “[t]he attacks of the current U.S. sideration during its next Ordinary Session administration to the text being adopted … UN HUMAN RIGHTS COUNCIL in July 2006. RECEIVES MIXED REVIEWS FROM CUBA prove their arrogance.” He went on to note AND THE U.S. that the United States “lost nothing with this project. On the contrary, they have LIBERIAN GOVERNMENT SWEARS IN On March 15, 2006, the United Nations assured it new means to exert confrontation, TRUTH COMMISSION General Assembly approved several key ele- hatred and punishment, and if they protest The Liberian government officially swore ments of the new UN Human Rights today, it is because they intended to get new in a Truth and Reconciliation Commission Council (Council). The new Council concessions.” Cuba has also announced it (TRC) on February 20, 2006. The nine- includes improved membership standards will stand for election to the Council when member Commission was created under the and election procedures, as well as universal voting takes places in May 2006. 2003 peace agreement that ended Liberia’s periodic review of Member Countries’ com- civil war and was ratified by a June 2005 pliance with their human rights obligations. AFRICA national law. Its mandate is to “investigate Initially, the Cuban government expressed gross human rights violations and war strong opposition to the Council. Cuba AFRICAN UNION SUMMIT crimes, including massacres, sexual viola- charged that the Council would enforce tions, murder, extra-judicial killings and The sixth African Union Summit was imperialist interests under U.S. guidelines and economic crimes (such as the exploitation of held from January 16–24, 2006, in Khar- unjustly target developing countries in a natural or public resources to perpetrate the toum, Sudan. The theme of the summit was manner similar to its predecessor, the Human armed conflict)” that occurred between “Education and Culture.” The Assembly of Rights Commission. On February 24, 2006, January 1979 and October 2003. Modeled Heads of State and Government (Assembly) Cuba proposed seven amendments to weaken on the South African TRC, the Liberian appointed eleven judges to the African the draft resolution establishing the Council, Commission aims to provide a forum for Court on Human and Peoples’ Rights. The including an amendment to increase the size victims and perpetrators of atrocities to dis- Executive Council voted on and recom- of the Council; lower the threshold required cuss their experiences “in order to create a mended the appointees in its Eighth Ordi- for election; remove the human-rights record of the past and facilitate genuine nary Session. Two of the appointed judges standards for members and the clause allowing healing and reconciliation.” The TRC does are women. their suspension; shorten the time for Council not have the power to convict perpetrators meetings; and make it more difficult for the The Assembly adopted a decision to but can order subpoenas and recommend Council to adopt resolutions condemning establish a Committee of Eminent African prosecutions. Jerome Verdier, a renowned rights violations in specific countries. Jurists (Committee) mandated to “consider human rights advocate in Liberia, heads the all aspects and implications of the Hissène TRC. Three international technical advisors The United States has also criticized the Habré case as well as the options available will provide support. The 15-nation new Council. U.S. Ambassador to the UN for his trial.” Habré, former President of Economic Community of West African John Bolton expressed concern over the term http://digitalcommons.wcl.american.edu/hrbrief/vol13/iss3/14 54 2 Amar et al.: International Legal Updates States will appoint two of these advisors and paper were arrested for publishing “alarming dential campaign but was arrested only one the UN Commissioner for Human Rights statements” when they reported an alleged month later on the rape and treason charges. will appoint one. secret meeting between President Kibaki and The arrest sparked riots in Kampala and senior opposition leader Kalonzo Musyoka. there were widespread accusations that the Government officials may find them- charges were politically motivated. On selves the subject of TRC probes. Liberia’s Internal Security Minister John Michuki November 22, 2005, the government Parliament is comprised of multiple alleged claimed that the raid was lawful under the banned public protests related to the trial on perpetrators of human rights violations, and Preservation of Public Security Act. He sug- the grounds that they could prejudice courts Verdier stated that no alleged perpetrator gested that The Standard had invited the and compromise Besigye’s constitutional will be granted political immunity. Liberian action and noted, “If you rattle a snake, you right to a fair trial. The terrorism and illegal President Ellen Johnson-Sirleaf supported must be prepared to be bitten by it.” Other possession of firearms military charges fol- the Commission and stated, “This commis- ministers, however, denounced the raid as lowed on November 24, 2005. Besigye has sion is our hope to define the past on our “barbaric,” and it was widely condemned by hired a team of ten lawyers and intends to behalf in terms that are seen and believed to opposition leaders and local media who take legal action against the state for what he be fair and balanced, and bring forth a uni- likened it to the highly restrictive era of calls a wrongful arrest with a “serious adverse fying narrative on which our nation’s Kenya’s former President Daniel Arap Moi. In effect” on himself, his family, and the FDC. rebuilding and renewal process can be more response to the nighttime raid, opposition securely anchored.” The UN has pledged MPs and demonstrators rallied in a protest In a separate case, the FDC filed an $500,000 to the TRC, and the Liberian gov- march from Parliament to The Standard’s action with the Ugandan Supreme Court ernment promised to contribute $350,000. offices the next day. Western embassies also contesting the March 7, 2006, election expressed strong disapproval of the raids. results. Museveni won another five-year POLICE RAID ON KENYAN NEWSPAPER term with a 59 percent majority, while Besigye garnered 37 percent of the vote in Just after midnight on March 2, 2006, a UGANDAN LEADER ACQUITTED the first multi-party poll since 1980. group of masked and hooded police armed Opposition leader Dr. Kizza Besigye was Reiterating the concerns of international with AK-47s stormed the Standard Group’s acquitted of rape charges on March 7, 2006, observers and analysts about voter intimida- Kenya Television Network (KTN) head- just two weeks after he lost the presidential tion and harassment by government agents, quarters and the office of its sister newspaper election to President Yoweri Museveni. the FDC asserted that the polls were rigged The Standard. According to witnesses at the Museveni won a third term in office after a and that voters were kept from casting their newspaper’s offices, police broke down doors 20 year incumbency. The presiding judge ballots. On April 6, 2006, the Court upheld and padlocks, forced workers to the ground said that state prosecutors had “dismally Museveni’s re-election by a four-to-seven at gunpoint, and then burned thousands of failed” to prove their case and that police margin. Without revealing which judges had newspapers. The government denied that investigations “betrayed the intentions ruled for or against the petition, the Court police were involved in burning the papers. behind the case.” Besigye has consistently noted that although the February election Transmission equipment and computer hard denied the charges and asserted that had been marred by “irregularities” and was drives were also seized. The newspaper has Museveni’s government fabricated the accu- not conducted in compliance with the since written to the police demanding an sations to prevent or hinder his campaign Constitution or the Presidential Elections inventory of items taken and voicing con- efforts. Besigye still faces charges of treason Act, the malpractices cited by the FDC did cern that computer files could be manipulat- in Uganda’s High Court and charges of ter- not affect the outcome of the election in a ed. The newspaper office and television sta- rorism and illegal possession of firearms “substantial manner.” tion managed to re-open on Thursday after- before the General Court Martial (GCM). noon, and The Standard published a special The treason trial was ongoing as of early Until recently Museveni was considered edition on the attack. April. The other charges remain pending a strong and positive African leader. He has until the Supreme Court rules on whether been praised for liberalizing the Ugandan A police statement defended the raid and the military has jurisdiction to try a civilian economy and for actively addressing stated that the Standard Group had plotted on terrorism and weapons charges. HIV/AIDS among his citizens. His decision to incite ethnic hatred with its articles and to amend Uganda’s Constitution to allow threaten national security. It further alleged In the past Besigye served as Museveni’s himself to run for a third term and Besigye’s that reporters for The Standard had accepted personal physician and the two were close subsequent arrest, however, have raised bribes worth over $5,000 to fabricate stories allies. The men split ways, however, when some doubts within the international com- designed to destabilize the country. An edi- Besigye challenged Museveni in the 2001 munity. The European Union and the torial in the paper responded that this was presidential elections as head of the opposi- United States have expressed their concern “laughable fiction.” Commentators note tion party Forum for Democratic Change over the Besigye case and some donors have that The Standard has criticized the (FDC). Besigye fled to South Africa shortly suspended millions of dollars in aid to President Mwai Kibaki’s handling of recent after he lost the election and claimed that he Museveni’s government. corruption scandals. Further, just days feared for his safety. He returned to Uganda before the raid, three journalists for the in October 2005 to launch his new presi-

Published by Digital Commons @ American University Washington College55 of Law, 2006 3 Human Rights Brief, Vol. 13, Iss. 3 [2006], Art. 14 MIDDLE EAST The opinion of Deputy Chief Justice Sihali is one of many British security sus- Mishael Heshin indicated that the designa- pects whose case will be affected by the out- ISRAELI HIGH COURT OF JUSTICE tion of National Priority Areas required statu- come of continuing talks between the FINDS “NATIONAL PRIORITY AREAS” tory authorization by the Knesset, and that United Kingdom and Algeria. British DISCRIMINATORY the executive government lacked the authori- Foreign Secretary Jack Straw announced on In February 1998 the executive ty to unilaterally establish priority areas as it February 16, 2006, that “good progress” had government of Israel issued Decision 3292, did in Decision 3292. Justice Heshin added been made on an MOU between the United which established “National Priority Areas” that executive interference is prohibited in Kingdom and Algeria that would provide for the distribution of social and economic areas where the Knesset exercises direct or “diplomatic assurances” that suspects will benefits to certain geographical areas. These indirect authority. He emphasized that the not be mistreated or tortured upon transfer benefits include extra educational funding, government cannot use its authority to violate of custody. The United Kingdom has signed personal income tax benefits, and tax breaks individuals’ rights. Justice Dorit Beinish similar MOUs with Jordan, Lebanon, and to local industries. Although the stated wrote that the government cannot use its Libya. These memoranda set forth assur- purpose of Decision 3292 was to bridge authority to violate human rights and that the ances that the receiving country will not community divides and equalize standards government’s decision to establish National commit acts of torture against suspects of living, only four of over 500 Palestinian Priority Areas ignored the Arab population, deported from the United Kingdom, Arab residential communities would have which amounted to a disproportionate viola- although these assurances make no refer- received economic benefits as designated tion of the principle of equality. ences to international legal obligations that offer independent protection from torture. high priority areas. On February 27, 2006, The High Court’s ruling transferred the The substitution of diplomatic assurances the Israeli High Court of Justice unani- issue of the establishment of National for binding legal instruments — to which mously decided in The High Follow-up Priority Areas to the exclusive authority of the United Kingdom, Jordan, Lebabon, Committee for the Arab Citizens in Israel, et. the Knesset. Under this ruling, policies Libya, and Algeria are all parties — also cir- al. v. The Prime Minister of Israel that the with far-reaching social and economic pro- cumvents legal obligations that would pro- policy unfairly discriminated against Pales- visions will be subject to the legislative hibit the United Kingdom from transferring tinian Arabs who are Israeli citizens. The process, where provisions may be debated persons to countries where they are at risk of High Court nullified Decision 3292 due to publicly by opposition parties and civil being tortured. the absence of clear and consistent criteria society. The High Court has given the for awarding benefits, the lack of statutory Israeli government a 12-month-long grace The United Kingdom is a party to the authorization for the decision, and period to discontinue the national priority United Nations Convention Against Torture systematic exclusion of Arab residential areas system and to reorganize its ministries’ and Other Cruel, Inhuman or Degrading from the National Priority Areas. This budgets accordingly. Treatment (UNCAT), which it ratified in landmark opinion upheld the principle of 1985. The UNCAT prohibits in absolute equality with respect to individual rights and ALGERIA CONSIDERS MEMORANDUM OF terms the transfer, return (refoulement), or places the distribution of social and UNDERSTANDING AUTHORIZING expulsion of persons to countries where economic benefits within the authority of RENDITION there are substantial grounds for believing the Knesset, the Israeli legislature. that they would be in danger of being sub- Mouloud Sihali, an Algerian national jected to torture. The MOUs were a specific High Court Chief Justice Aharon Barak residing in the United Kingdom, was arrest- subject of concern for the United Nations found no satisfactory justification for the ed in September 2002 in connection with a Committee Against Torture in its recom- designation of National Priority Areas based plot to develop ricin for use in a chemical mendations to the British government con- on geography. He noted that the large num- terrorist attack. Sihali was acquitted and cerning the November 2005 review of the ber of Jewish communities classified as high released in April 2005 along with two co- United Kingdom’s compliance with the priority areas for education purposes com- defendants. One month later Sihali received UNCAT. The United Kingdom is also a pared to the small number of similarly clas- an expulsion order based on national securi- party to the European Convention on sified Arab communities did not reflect geo- ty grounds. Under the terms of a Human Rights and Fundamental Freedoms, graphic distribution of the Palestinian Arab Memorandum of Understanding (MOU) which was incorporated into its domestic population in Israel. Further, he argued that between the United Kingdom and Algeria, law by the Human Rights Act of 1998. priority areas did not reflect the lower Sihali could be deported to Algeria, where These instruments ban acts of torture and matriculation in schools in Arab residential government agents are known to use torture, transfers to countries where there is a risk of areas, which suggested that socioeconomic particularly in the interrogation of security torture. The MOUs, however, “are tacit need was not the sole consideration in the suspects. “To seek to deport him to a coun- admissions that torture is practiced,”accord- classification of priority areas. Justice Barak try where he will be tortured if returned on ing to Sarah Leah Whitson, Executive applied the “results test” and determined the basis of the same material again is the Director of Human Rights Watch’s Middle that Decision 3292 discriminated against height of injustice,” said Sinhali’s lawyer, East and North Africa division. To comply Arab citizens of Israel in its effect, irrespec- Natalia Garcia. tive of the government’s intent. with international law, the British govern- http://digitalcommons.wcl.american.edu/hrbrief/vol13/iss3/14 56 4 Amar et al.: International Legal Updates ment must conduct an independent evalua- MOU therefore does not reflect those facts Since January, violence has escalated after tion for each Algerian suspect to properly documented by the British government and the Maoists terminated a four-month unilat- determine whether they would face torture confirmed by Human Rights Watch, name- eral ceasefire. On the eve of the municipal or persecution. “The British government ly that the Algerian government regularly elections on February 8, 2006, rebels killed should be encouraging Algeria to take posi- violates domestic and international legal two of the candidates and injured others. tive action to eradicate torture, instead of obligations to ban the use of torture. Maoists have also targeted civilians who have looking for ways around the obligation not resisted their demands, including govern- The MOUs are particularly problematic to return people at risk of torture,” Whitson ment officials, teachers, journalists, human because both Algeria and the United said. “If there is real evidence that these sus- rights defenders, and family members of the Kingdom are implicated in the violation of pects pose a threat, they should be prosecut- security forces. international law, either for the practice of ed in the British courts.” Earlier agreements torture or the transfer of a subject at risk of The Special Rapporteur on Torture con- between the United Kingdom and Jordan, torture, and therefore neither party has an cluded from his visit in September 2005 that Libya, and Lebanon — countries with doc- incentive to expose violations of the MOU torture is still systematically used by govern- umented routine practices of torture — rep- terms. Because the MOUs are based on ment forces in Nepal. Although the govern- resent similar efforts to circumvent the non- diplomatic assurances, they are subject to ment denied this charge, the UN report refoulement obligations. the limits of diplomacy and there are no indicated that the OHCHR has received The broad scope of the “security suspect” effective mechanisms to secure compliance complaints of the routine use of physical classification as detailed in British legislation with the memoranda’s terms. Although the abuse, submersion under water, electric increases the number of individuals subject language of the British MOUs provides for shocks, and sexual assault during interroga- to deportation under the terms of the the establishment of joint bodies to monitor tions of rebel suspects. MOUs. The British Terrorism Act of 2000 compliance, the lack of incentive to report The UN report also accused the Nepalese criminalizes the incitement of terrorist acts violations to these monitoring committees military of careless bombings that failed to and also membership in, or inviting support renders them ineffective safeguards. distinguish between civilian and military tar- for, a terrorist organization. Under the 1976 In March 2006 the British Special gets. It indicated that violence between the Race Relations Act, an individual may be Immigration Appeals Committee (SIAC), army and the Maoists has occurred in highly prosecuted for publishing or distributing which examines evidence against individuals populated civilian areas such as schools and written material or using words that are detained under anti-terrorist legislation, will health facilities. Years of armed conflict have threatening, abusive, or insulting in a public hear Sihali’s case. Similar MOUs have displaced thousands of Nepalis from their place or public meeting where they may already resulted in SIAC trials to enforce homes and left them in substandard tempo- incite hatred or violence against any racial deportation orders for Libyan, Jordanian, rary housing. This forced displacement cou- group. These laws have resulted in numerous and Lebanese suspects to their countries of pled with Maoist threats to humanitarian detentions and arrests of specially-classified origin. After SIAC has made its decisions, assistance has exacerbated existing conditions suspects. In 2004 The Times reported that detainees may appeal to the Court of and further hampered the Nepalis’ right to the number of “high-security terrorist sus- Appeals, the House of Lords, and eventually food, health, education, and other basic pects” was at its highest since the height of to the European Court of Human Rights. necessities. The armed conflict has also the Irish Republican Army’s bombing cam- heightened the discrimination and harass- paigns in the 1970s. ASIA ment of indigenous communities like the Algeria became a state party to UNCAT Dalit, in addition to other vulnerable popu- in 1989. Additionally, in 2004 Algeria UN CALLS FOR NEPALESE lations such as women and children. amended its national penal code to criminal- GOVERNMENT AND MAOIST REBELS TO The UN report called upon both the ize acts of torture. On February 27, 2006, RESPECT HUMAN RIGHTS rebels and the Nepalese government to however, the cabinet enacted the “Decree On February 16, 2006, the UN Office of adhere to international humanitarian law Implementing the Charter for Peace and the High Commissioner for Human Rights and to respect international human rights. National Reconciliation,” a law that effec- (OHCHR) released a report detailing viola- The report explicitly stated that “violations tively sanctions impunity for torture by tions of international humanitarian law by by the [Maoist rebels] cannot excuse breach- granting amnesty to all security force mem- the Royal Nepalese Army and the Commu- es by the [Nepalese] State of its internation- bers who committed human rights abuses in nist Party of Nepal, commonly known as the al legal obligations.” The UN further urged the 1990s. The British Home Office Maoist rebels (Maoists). The ten-year con- the government security forces to exercise Country Information and Policy Unit report flict between the two parties began in 1996 more effort in investigating and holding of April 2004 detailed the practice of torture after the Maoists failed to win a satisfactory accountable those who commit violations of in Algeria. Human Rights Watch reinforced number of seats in Nepal’s parliament and international humanitarian law. According these observations in a June 2005 visit to launched an insurgency to gain control of to the UN report, these individuals should Algeria and found that Algerian authorities the government. The conflict has resulted in be excluded from participating in UN continue to practice torture, especially in the the deaths of more than 12,000 individuals. peacekeeping operations. interrogation of security suspects. The

Published by Digital Commons @ American University Washington College57 of Law, 2006 5 Human Rights Brief, Vol. 13, Iss. 3 [2006], Art. 14 URGENT APPEAL FOR BURMA TO tortured during interrogations despite the Yu was detained on May 23, 1989, with RELEASE ITS POLITICAL PRISONERS AND SPDC’s 1991 ratification of the Convention Yu Zhijian and Lu Decheng for throwing CEASE TORTURE on the Rights of the Child. paint at the portrait of in . At that time he was a In the past several months, international Ethnic and religious minorities are also journalist and deputy editor of the organizations, governments, and non-gov- subjected to torture and abuse in extra-judi- Daily. His 20-year sentence for “counter rev- ernmental organizations (NGOs) have cial detention centers and other holding olutionary sabotage and incitement” was stressed the urgent need for the internation- cells at unknown locations. NGOs such as reduced to 18 years following international al community to pressure the State Peace Human Rights Watch have characterized pressure. Currently, it is likely that more and Development Council (SPDC), the military junta’s abuses committed than 250 activists who protested during the Burma’s ruling military regime, to release its against ethnic and religious minorities as Democracy Movement remain imprisoned. political prisoners and to put an end to its “ethnic cleansing on a very large scale.” The Furthermore, the PRC continues to arrest egregious human rights abuses. A report by military junta has destroyed and uprooted and imprison journalists, Internet activists, the Assistance Association for Political over 3,000 villages. Between 500,000 and and human rights defenders. Prisoners (Burma), an organization based in 800,000 individuals have been internally Thailand, stated that although it could not displaced and an additional one to two mil- The PRC ratified the Convention “conclusively prove [that] the torture in lion have taken refuge in neighboring coun- Against Torture in 1988 and officially out- Burma’s interrogation centers and prisons tries such as Thailand, Bangladesh, and lawed torture in 1996 but continues to com- rises to the level of crimes against humanity,” Malaysia. In particular, more than 140,000 mit acts of torture and other human rights multiple reports detailing the widespread Burmese refugees reside in camps along the abuses, particularly in its prison facilities. and systematic use of torture make such a Burmese-Thai border. After ten years of negotiation with the PRC, conclusion a likely possibility. UN Special Rapporteur on Torture Manfred To improve this desperate situation, Nowak made his first inspection visit to Recent reports show that over the past NGOs have called upon the UN Security in December 2005 and found that eight years the SPDC has detained over Council to address and monitor the situa- torture remains widespread. According to a 5,000 individuals simply on the basis of tion in Burma and have urged that a UN statement on his findings, the UN had their political beliefs. This number, however, Commission on Human Rights resolution received a “‘significant number of serious could be as high as 10,000 because many in- be passed condemning these human rights allegations’ that Chinese authorities have dividuals remain undocumented. Although violations. They have also demanded the submerged prisoners in sewage, burned the SPDC released 249 political prisoners in immediate and unconditional release of all them with cigarettes, hooded or blindfolded July 2005, it continues to systematically ar- political prisoners and called for the SDPC’s them, exposed them to extreme heat or cold, rest citizens for the peaceful expression of ratification of the International Covenant on used handcuffs or ankle getters for extended their political opinions. Currently, there are Civil and Political Rights and the periods of time and used numerous other over 1,100 political prisoners in Burma, in- Convention Against Torture. cluding 12 elected members of parliament. torture methods.” The most common forms A senior Burmese diplomat who sought asy- of torture were “beating with fists and elec- CHINA RELEASES TIANANMEN ACTIVIST lum in the United States confirmed that the tric batons.” To improve human rights con- On February 22, 2006, the government SPDC’s tactics of arrest and detention are ditions, Nowak recommended that the of the People’s Republic of China (PRC) motivated by a desire to eliminate any polit- Chinese government abolish the “reeduca- released , an activist who partic- ical dissent, particularly that of the National tion through labor system,” reform criminal ipated in the 1989 Democracy Movement in League for Democracy (NLD), the main op- laws, and ratify the International Covenant which hundreds of unarmed protestors were position party. The SPDC’s approach, how- on Civil and Political Rights. HRB killed by the Chinese army at Tiananmen ever, is not a recent development. In 1990 Square on June 4, 1989. Although the inter- Sebastian Amar, a J.D. candidate at the Washington the junta refused to cede power to NLD’s College of Law, covers Latin America for the Human national community welcomed Yu’s release, leader and Nobel Laureate Aung San Suu Rights Brief. human rights groups are concerned with his Kyi following her election as prime minister. Shirley Woodward, a J.D. candidate at the Washington deteriorating mental health. Yu was impris- She has remained under house arrest with no College of Law, covers Africa for the Human Rights oned for 16 years, including two years in Brief. access to newspapers, telephones, or any cor- solitary confinement. According to a friend respondence since 2003. Sabrina Balgamwalla, a J.D. candidate at the who visited him in prison, there were signs Washington College of Law, covers the Middle East for the Human Rights Brief. Many of Burma’s political prisoners and indicating that Yu had been tortured; his detainees have been subjected to torture. At mental capacity had severely deteriorated Amy Tai, a J.D. candidate at the Washington College of Law, covers Asia for the Human Rights Brief. least 80 political prisoners have died in cus- and he had difficulty recognizing well- tody from torture and the denial of medical known friends and family. Another prisoner treatment. Moreover, the Assistance said that Yu was tied to an electric pole and Association has documented that political left in the sun for several days. prisoners under 18 years of age have been http://digitalcommons.wcl.american.edu/hrbrief/vol13/iss3/14 58 6