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E-Bulletin on Counter-Terrorism and Human Rights International Commission of Jurists E-BULLETIN ON COUNTER-TERRORISM & HUMAN RIGHTS No. 36, September 2009 AFRICA & MIDDLE EAST Uganda: Habeas corpus petitions fled on behalf of fve people subject to long incommunicado detention by Anti-terrorism Unit Uganda: Protesters charged with terrorism offences Tanzania: Human Rights Committee asks for narrow and precise defnition of terrorism offences Kenya: Journalists allegedly harassed for revealing counter-terrorism faws Syria: Wife of Guantánamo detainee released after one year of detention without charge Gaza: UN Fact-Finding Mission documents war crimes committed during Gaza confict AMERICAS USA : Government releases documents on CIA interrogation abuses and launches preliminary investigations USA: CIA outsourced proposed targeted-killing programme to private company USA: Child Guantánamo detainee released to Afghanistan denounces use of torture USA: Justice Department announces stricter policy on use of secret of state USA: Federal judge adopts strict rules for use of hearsay evidence in Habeas Corpus proceedings USA : Government announces new detention review procedures in Bagram while opposing Habeas Corpus in US Courts for Bagram detainees Canada: Federal Court of Appeals confrms Government is obliged to ask for Khadr repatriation Canada: Detainee held without charge for six years in Sudan alleges complicity by Canadian secret services Colombia: UN Special Rapporteur concerned at stigmatisation of human rights defenders as “terrorists” and at security services’ illegal surveillance Honduras: Three protesters against coup d’Etat charged with terrorism; 24 charged with sedition Chile: UN independent experts concerned at use of anti-terrorism law against indigenous people ASIA - PACIFIC China: Parliament gives People’s Armed Police power to handle terrorism attacks Pakistan: Supreme Court mandates panel to monitor special Anti-Terrorism Courts India: Three convicted of terrorist offences sentenced to the death penalty Sri Lanka: Journalist convicted to 20 years for terrorism for publishing critical articles Sri Lanka: Three international workers detained without charge under Anti-terrorism law Indonesia: Wives of terrorist suspects detained for not revealing their husbands’ whereabouts; Government announces tougher anti-terrorism law Australia: Government announces Draft Law reforming counter-terrorism legislation ICJ E-Bulletin on Counter-Terrorism and Human Rights – September 2009 - (www.icj.org) Links to non ICJ webpages do not imply endorsement or approval by the ICJ 1 EUROPE & COMMONWEALTH OF INDEPENDENT STATES UK: Further allegations of UK complicity in renditions unveiled UK: New evidence of MI5 complicity in the arbitrary detention and torture of Binyam Mohammed UK: Parliamentary Committees issue two critical reports on UK complicity in torture and renditions in counter-terrorism UK: Government announces review of control orders system after High Court revokes another order The Netherlands: Human Rights Committee concerned at area exclusion powers and disturbance orders Italy: Government expels Tunisian man convicted of terrorism offences, in defance of interim measures order by the European Court of Human Rights Lithuania: President launches parliamentary investigation into alleged secret detention centres for terrorist suspects Russian Federation: Parliament adopts Draft Law allowing transfer of terrorism prosecutions to Supreme Court for security reasons Uzbekistan: Human Rights Committee fnds terrorism conviction in trial in absentia unfair UNITED NATIONS & REGIONAL ORGANISATIONS UN : High Commissioner for Human Rights releases report on economic, social and cultural rights and counter-terrorism UN: NGOs request investigation of whereabouts of alleged rendition victim UN: NGO suspended from the UN for allowing alleged terrorist suspect to speak on its behalf EU: Court of First Instance upholds terrorism listing following frst-instance conviction for participating in a terrorist organisation IN BRIEF ICRC President suggests innovative interpretation of Geneva Convention after “war on terror” Two reports document human rights violations by Saudi Arabia in counter-terrorism Report documents abuses against human rights defenders through counter-terrorism Russian human rights violations against defenders exposed in international report ICJ E-Bulletin on Counter-Terrorism and Human Rights – September 2009 - (www.icj.org) Links to non ICJ webpages do not imply endorsement or approval by the ICJ 2 AFRICA & MIDDLE EAST Uganda: Habeas corpus petitions fled on behalf of fve people subject to long incommunicado detention by Anti-terrorism Unit On 17 July, lawyers fled habeas corpus petitions on behalf of family and friends of Abdulrahman Kijjambu, Ismail Kambaale, Abdul Hamid Lugemwa, Mohamed Sekulima and Fatuma Nantongo. They were arrested by the Joint Anti-Terrorism Unite Task Force in 2008, and detained since then without charge, one for 16 months. The authorities have not revealed their whereabouts. Human Rights Watch has alleged that the men have been subjected to enforced disappearance and has expressed fears that they have been subjected to torture. NGO Statement Press Article Uganda: Protesters charged with terrorism offences On 23 September, Uganda’s Minister of Security, Amama Mbabazi, affrmed the issuance of terrorism charges against 29 people for their alleged involvement in riots in the region of Buganda in the frst weeks of September. The riots, originating from clashes between some protesters and the police forces, resulted in 20 deaths and 50 injuries. The Minister of Security justifed the charges by saying that under Ugandan law possession of a frearm without a license is tantamount to terrorism. Press Article 1 Press Article 2 Tanzania: Human Rights Committee asks for narrow and precise defnition of terrorism offences On 29 July, the UN Human Rights Committee expressed its regret at the lack of information provided to the Committee by Tanzania on its counter-terrorism legislation and on the extent to which it may limit civil and political rights. The Committee recommended that Tanzania introduce a defnition of terrorist acts in its domestic legislation, bearing in mind the need to defne such acts in a precise and narrow manner. Concluding Observations Kenya: Journalists allegedly harassed for revealing counter-terrorism faws On 18 August, the Committee to Protect Journalists revealed that members of the Kenyan police Anti-Terrorism Unit have attempted to intimidate journalists of the newspaper The Star to reveal their sources for a 20 June article referring to the Anti-terrorism police having lost important fles concerning a suspected Al-Qaeda member. On 27 August, a group of Parliamentarians denounced the police summons of the journalists as contrary to the Kenyan Media Act. NGO Statement Press Article Syria: Wife of Guantánamo detainee released after one year of detention without charge On 23 July, Usra al-Hussein, the wife of Guantánamo detainee Jehab Diab, was released from detention. According to news reports, Mrs al-Hussein had been detained without charge or contact with the outside world since July 2008. Amnesty International said that her arrest occurred after she had attempted to contact an international organisation regarding the detention of her husband. NGO Statement Press Article Gaza: UN Fact-Finding Mission documents war crimes committed during Gaza confict On 15 September, the four-member UN Fact-Finding Mission on the Gaza Confict, headed by Justice Richard Goldstone of South Africa, published its report. The Mission was mandated by the UN Human Rights Council to investigate international law violations during the Operation “Cast-Lead” conducted in Gaza by the Israeli Armed Forces between 27 December 2008 and 18 January 2009. The Mission found evidence that Israel committed ICJ E-Bulletin on Counter-Terrorism and Human Rights – September 2009 - (www.icj.org) Links to non ICJ webpages do not imply endorsement or approval by the ICJ 3 serious violations of international human rights and humanitarian law, some amounting to war crimes, and possibly crimes against humanity. The report also found evidence that Palestinian armed groups committed war crimes, as well as possibly crimes against humanity. Report Mission Statement Press Article 1 Press Article 2 AMERICAS USA: Government releases documents on CIA interrogation abuses and launches preliminary investigations On 24 August, the US Government released documents, including a 2004 CIA Inspector General’s report, which provide a detailed offcial account of the CIA's detention, interrogation and rendition programmes and describe the use of abusive interrogation techniques, including “waterboarding”, mock executions, and threats to kill or rape detainees’ family members. The US Attorney General appointed Assistant US Attorney John Durham to open a preliminary review into whether federal laws were violated in connection with the interrogation of specifc detainees at overseas locations. The UN High Commissioner for Human Rights welcomed the decision. On the same day, the Special Task Force on Interrogations and Transfer Policies proposed the establishment of a specialised interrogation group to bring together offcials from law enforcement, the Intelligence Community and the Department of Defense “to conduct interrogations in a manner that will strengthen national security consistent with the rule of law.” The Task force also made recommendations aimed to ensure that detainee transfers “comply
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